YOUR CONTINUED USE OF THE SITE AFTER CHANGES ARE MADE SHALL BE CONSIDERED YOUR ACCEPTANCE TO THE REVISIONS.
1.1 All users may browse the Sites for personal entertainment and information.
1.2 You may download one copy of the Materials (as defined below) found on the Sites on a single computer for your own internal use only, unless specifically licensed to do otherwise by NJSO in writing or as allowed by any license terms that accompany or are provided with individual Materials. Under these Terms, you are granted a limited license, not a transfer of title, and your license is subject to the following restrictions: you may not: (a) modify the Materials; (b) use the Materials for any commercial purpose or any public display, performance, sale or rental; (c) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (d) remove any copyright or other proprietary notices from the Materials; or (e) transfer the Materials to another person.
1.3 Except as permitted herein, all reproduction, alteration, redistribution, re-publication, downloading, display, notification or transmission of any Materials on the Sites is expressly forbidden in total or in part, in any format, by any means, without the express prior written permission of NJSO. NJSO will enforce its rights to the full extent of the law against any unauthorized commercial use of the Materials.
2. PROTECTED INFORMATION
The Materials hosted on the Sites are copyrighted and protected by trademark and other intellectual property laws. Such materials may include without limitation text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like; and the trademarks, service marks and logos contained therein ("Marks") (altogether referred to herein as “Materials”). The Materials are owned by or licensed to NJSO, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Unauthorized use of the Materials may violate copyright, trademark, and other laws. No title or intellectual property rights are transferred to you or any third party through the use of or access to the Sites. All rights, title, and interest in and to all aspects of the Sites remain the sole property of NJSO or its authorized third-party licensors and service providers.
3. NO WARRANTIES
3.1 THE MATERIALS AND THE SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. NJSO FURTHER MAKES NO WARRANTIES WHATSOEVER PERTAINING TO PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES.
3.2 NJSO and its suppliers further do not warrant the accuracy or completeness of the Materials. NJSO may make changes to the Materials and the Sites at any time without notice. NJSO makes no commitment to update the Materials or the Sites. Your continued use of the Materials and the Sites constitutes your acceptance of the changes. Neither NJSO nor its third-party licensors or service providers warrant that the Sites or associated server computers are free of viruses or other harmful electronic components. You solely (and not NJSO) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the Sites.
4. DISCLAIMER OF LIABILITY
IN NO EVENT SHALL NJSO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL ECONOMIC DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF NJSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. USER SUBMISSIONS AND COMMUNICATIONS
5.2 By transmitting or posting any Communications on the Sites, you grant to NJSO or its designees a perpetual, royalty-free, transferable, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. NJSO and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
5.4 In connection with Communications, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NJSO all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage NJSO or any third party; or (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
5.6 Copyright owners or agents thereof, upon belief that any Communications infringe such owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing NJSO with the written information required by the DMCA (see 17 U.S.C 512(c)(3) for further detail).
5.7 You expressly agree that NJSO is not responsible for the protection of any Communications that may be considered by you to be proprietary, sensitive or otherwise unsuitable for general disclosure. You understand that any Communications that you post on the Sites are posted at your sole risk, and NJSO will have no liability whatsoever in the event that such content is disclosed to any third party regardless of whatever losses you may suffer from such disclosure.
6. USER REPRESENTATIONS; INDEMNIFICATION
6.3 If as a registered user, you are granted access to any protected areas of the Sites by a password protected account, you agree to be responsible for maintaining the confidentiality of the password(s) of such account(s), and to be fully responsible for all activities that relate to the use or misuse of your password(s). You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify NJSO immediately of any breach of security or unauthorized use of your password(s). Although NJSO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NJSO or others due to such unauthorized use. You agree that you may never use another's account.
6.4 If you wish to cancel your account, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify NJSO immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of our Sites at any time, for any reason or for no reason at all.
6.5 You agree that with respect to any special promotions, coupon offers, sweepstakes, or other like activities offered on the Sites, that you will abide by the rules established by NJSO for such activities as described on the Sites.
6.6 You will indemnify and hold harmless NJSO against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fees) paid or incurred in connection with claims due to, resulting from or arising in connection with Communications made distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, and (b) errors in or omissions from such Communications.
6.7 You will not use or launch any automated system (including without limitation, "robots," "spiders," "offline readers," etc.), that accesses the Sites in a manner that sends more request messages to the NJSO servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NJSO grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NJSO reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Sites, nor to use the communication systems provided by the Sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Sites.
7. TERM AND TERMINATION
8. LINKS TO/FROM OTHER SITES
8.2 You may provide links to the Sites from other websites provided that (a) you link only to the Sites home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notice, or other notices on the Sites, (c) you give NJSO notice of such link via e-mail or certified postal mail, and (d) you discontinue providing links to the Sites if requested by NJSO.
9.1 NJSO maintains offices within the United States of America from which it may administer the Sites. NJSO makes no representation that Materials on the Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Sites from other locations, do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations.
9.3 You may terminate your access to the Sites at any time. NJSO may suspend or discontinue providing the Materials to you with or without cause and without notice. NJSO may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
9.4 You agree that when you visit our Sites or contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Sites. By using the Sites, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9.5 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Sites by NJSO. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed in the Sites; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Sites. Except as expressly directed otherwise by NJSO herein or elsewhere in the Sites, notices to NJSO should be sent to: NJSO, 60 Park Place, 9th Floor, Newark, NJ 07102, or to [email protected].
9.6 The failure of NJSO to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
9.7 You may not assign your rights or delegate your duties under these Terms.
9.8 These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.
9.9 The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
10. Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and NJSO agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate NJSO’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances NJSO may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Sites, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1.800.352.5267. To initiate arbitration, you or NJSO must do the following things:
Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office.
- Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and NJSO will pay all other administrative costs and fees. In addition, for claims of less than $1,000, NJSO will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New Jersey, or any other location we mutually agree to, subject to New Jersey law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and NJSO, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and NJSO. The award of the arbitrator is final and binding upon you and NJSO. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and NJSO in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NJSO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
11. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New Jersey. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Essex County, New Jersey.