3. Information We Collect and How We Use It:
a. Personally Identifiable Information:
We collect information which is personal and identifiable to you, which you knowingly choose to disclose that is collected when you register to receive the Sites newsletter or otherwise including your name, e-mail and other contact details. We do not sell or rent or in any other way share your personally identifiable information collected during your use of the Sites.
b. Non-Personally Identifiable Information:
– In General: We may also collect information through technology that does not identify you personally in order to make our site more interesting and useful. This information may also be used to optimize website performance within a given browser and increase the speed of navigation.
4. Our Commitment to Children’s Privacy: Protecting the privacy of the very young is extremely important to us. No part of our website is structured to attract anyone under 13. We never collect or maintain information at our website from those under the age of 13. If we obtain actual knowledge that we have collected information about a child under the age of 13, that information will be immediately deleted from our records.
5. Users: Our computer systems are currently based in the United States where data protection requirements and privacy regulations may be different than other parts of the world and accordingly the Sites are to be used by United States residents only.
6. Security and Data Storage: We employ procedural and technological security measures that are designed to safeguard your personal information from loss, unauthorized access, disclosure, alteration or destruction.
1. TERMS OF AGREEMENT. This Agreement is between the User and Company. The Terms and Conditions constitute a legally binding agreement (the “Agreement”) between the User and Company. Company has the right to modify this Agreement or these Terms and Conditions at any time. Every time the User uses this site, the User is agreeing to the Terms and Conditions as they exist at that time. Use of the Sites will be considered acceptance of these Terms and Conditions.
2. COMPANY RELATIONSHIP WITH USER.
The Sites are intended solely to provide information to Users. The Sites are provided “as is” and Company specifically disclaims any warranties as further set forth in Section 10 herein.
To be eligible to utilize the Sites, you must be 18 years or older and a resident of the United States, and by registering or otherwise utilizing the Sites you represent and warrant that you are a resident of the United States, are 18 years or older and are under no legal disability on inability which prevents you from entering this Agreement and agreeing to the terms contained herein.
3. Federal and State Laws. When using the Sites the User must obey all applicable federal, state and local laws. This website was created and will be operated from the United States. Any use of this site that violates any applicable laws will be grounds for discontinuing the User’s rights to access this website.
4. PROHIBITED ACTIVITIES. The following activities on or in connection with the Sites are expressly prohibited and in the event the User engages in any such activity, Company reserves the right to terminate User’s use of the Sites or take any other action in law or equity which Company is otherwise entitled:
Engage in any activity that is in unlawful or otherwise in violation of any third party’s rights including but not limited to such party’s intellectual property rights.
Post or submit anything to the Sites that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior.
Engaging in activity that compromises the Sites including but not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancelbots, Trojan horses, mailbombing or crashing.
Engaging in any activity designed to impede the use of the Sites by other users, including, but not limited to, any activity that jams the website, including overloading and flooding.
Framing or deep linking into the Sites.
Accessing the Sites by means of an automated process, spiders, bots or similar device.
Copy, translate, modify, or make derivative works of the Content (as defined herein), code, technology or any part thereof.
Redistribute, sublicense, rent, publish, see, assign, lease, market, transfer, or otherwise make the Content provided by Company available to third parties.
Creating a username that impersonates any third party or otherwise providing any information belonging to any third party without authorization.
Reverse engineer, decompile or otherwise attempt to extract the source code contained on or in connection with the Sites, unless this is expressly permitted or required by law.
Delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears on the Sites.
5. USER TERMINATION. Company, in its sole and absolute discretion, may terminate users’ access to the Sites for violating the Policies. The User agrees that breach of any of the terms in this Agreement may result in the immediate termination of the User’s ability to access the Sites and/or give rise to civil action against the User.
6. WEBSITE AVAILABILITY. Because public networks, such as the internet, occasionally experience disruptions, Company cannot guarantee the Sites will be available 100% of the time. Although Company strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and Company disclaims any liability for damages resulting from such problems.
7. COMPATIBILITY. The User may not be able to access certain website functions without installing one or more browser plug-ins. Additionally, Company does not warrant or make any representation that this website will render properly on all web browsers. If the Sites do not operate or appear correctly, please try a different browser and let us know what browser is inoperable.
8. TYPOGRAPHICAL ERRORS. Information on this website may contain technical inaccuracies or typographical errors. We attempt to make the Sites’ descriptions as accurate as possible, but Company does not warrant the content of this website is accurate, complete, reliable, current, or error-free.
9. INTELLECTUAL PROPERTY.
This website is owned and operated by Company. Unless otherwise noted, Company owns all rights, including but not limited to any copyright, trademarks or other intellectual property with respect to all content or other materials contained on the Sites. Content includes: text (including but not limited to articles and newsletters), graphics, logos, video, trademarks, and anything else hosted on this website or otherwise provided to Users by Company via the Sites or through Company email accounts (collectively, the “Content”). All rights to the Content are reserved. Any modification made to the Content of this website by a third party is a violation of Company’s copyright. Additionally, the Sites may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Unless expressly authorized by Company in writing, the User may not download copy, transmit, reproduce, publish, distribute, modify or otherwise exploit the Content in any manner. If the User prints, copies, modifies, downloads or otherwise uses or provides any person with access to any part of the Sites in breach of this Agreement, your rights to use the Sites will cease immediately and you must return or destroy any copies of the Content you have made.
You shall never challenge or encourage anyone to challenge Company’s ownership of or the validity of Company’s trademarks, logos, trade dress, or service marks displayed on the Sites (the “Company Marks”). You shall not at any time or in any manner, knowingly or intentionally, engage or perform in any activity or permit any act, which may in any way adversely affect any Company Marks or Company’s rights therein. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel or otherwise any license or right to use any Company Marks without the written permission of Company.
By posting or submitting any material (including, without limitation, text, photos, and videos) to us via this website, you are representing that you are the owner of the material, or are making your posting/ submission and granting such rights with the express consent of the owner of the material. You grant us, or anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the material in whole or in part in advertising or marketing including but not limited to website, brochures, or emails.
10. Disclaimer of WARRANTIES. Company does not have any control over the use of the Site by third parties. Company does not promise that the Sites or any Content, or feature of the Sites will be error-free or uninterrupted, or that any defects will be corrected, or that User’s use of the Sites will provide specific results. The Sites and their Content are delivered on an “As-Is” and “As-Available” basis. Company is not responsible for any incorrect or inaccurate Content posted on the Sites. Company is not responsible for the Content, accuracy or opinions expressed on the Sites or on other websites which link therefrom, and has not investigated any other websites or the products and services contained therein. Company is not responsible for the conduct, whether online or offline, of any user of the Sites.
YOUR USE OF THE SITES AND ITS CONTENTS IS AT YOUR OWN RISK. THE SITES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SITES AND THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET OR EXCEED YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. OFF-SITE LINKS. A link to a non-Sites website does not mean that Company endorses, approves of or otherwise accepts any responsibility or is liable for the content, or the use, of such website. It is the User’s sole responsibility to take precautions to ensure that whatever the User selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature and User expressly releases, discharges and holds Company Parties harmless from any claims, causes of action, costs or other expenses or liability related to off-site links or third party websites regardless of whether links to such websites were or are contained on the Sites.
12. COPYRIGHT COMPLAINTS. Company respects the intellectual property of others and has adopted and implemented a policy that provides for the reporting of any Content which you believe infringes your copyright. In the event you have a good faith belief that your work has been copied or that any Content infringes your copyrights, please provide Company’s copyright agent listed below with the following information in writing:
Identification and description of the infringing material or activity along with information sufficient to identify the location on the Sites of such material or activity;
Identification and description of the copyrighted work that you claim has been infringed;
Your name, address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the use in the manner complained of is not authorized by the copyright owner, its agent or the law;
A statement made by you, under the penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right which is being infringed;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
Company’s copyright agent for notice of claims of copyright infringement for the Sites is as follows:
Copyright Agent, [email@example.com] and in the subject section, please type “ATTN: COPYRIGHT AGENT”. Company may give you notice that it has removed or disabled access to certain material by means of a general notice on any of the Sites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to Company’s designated agent within the time period prescribed therein that includes the following:
An identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you are the copyright owner, licensee or otherwise have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
Your name, address, telephone number and e-mail address;
A statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district, and that you will accept service of process at the address above from the person who provided notification of allegedly infringing material or an agent of such person;
Your electronic or physical signature.
It is our policy to terminate relationships with third parties who repeatedly infringe the copyrights of others.
If you fail to comply with all of the requirements of Section 512(c)(3) of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
13. CONTROLLING LAW AND VENUE. It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of New Jersey, without giving effect to the conflict of laws provisions thereof. The User consents and agrees to the sole and exclusive jurisdiction and venue for any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties in the courts of Morris County, New Jersey. The User hereby waives any and all defenses related to inconvenient forum.
14. SEVERABILITY. If any term or provision in this Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and nonappealable, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken herefrom in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.
15. FORCE MAJEURE. The nonperformance of any obligation hereunder and under any purchase order submitted hereunder shall be excused during, and as a result of, any calamity, civil disturbance, war, governmental action or intervention, labor dispute, shortage of raw materials or components, act of God, or other action beyond the control of the party whose performance is hindered, delayed, or prevented.
17 . NOTICES. You agree that Company may provide notice to you by posting it on the Sites, emailing it or otherwise mailing to the address User has provided during registration. Such notice shall be considered to be received by you within 24 hours after it is posted to the Sites or emailed to you unless Company receives notice that such email was undeliverable. If notice is sent by mail, it shall be considered received within four business days after it is mailed. Any notices to Company shall be sent by certified mail, return receipt requested to [Beyond the Legacy, LLC: One Gateway Center, Suite 2500, Newark, NJ 07102] Attn: Terms of Service.