Terms Of
Use
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION
OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND
ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS
WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE
GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS
WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT
APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF
THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS
WEBSITE.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY
PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE
PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR
VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA
AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY
OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME.
VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE
CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP
THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates,
or customers, collectively referred to herein as
"Visitors," are parties to this agreement. The website and
its owners and/or operators are parties to this agreement,
herein referred to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract
with this website to the contrary, visitors, viewers,
subscribers, members, affiliates, or customers have no
right to use this information in a commercial or public
setting; they have no right to broadcast it, copy it, save
it, print it, sell it, or publish any portions of the
content of this website. By viewing the contents of this
website you agree this condition of viewing and you
acknowledge that any unauthorized use is unlawful and may
subject you to civil or criminal penalties. Again, Visitor
has no rights whatsoever to use the content of, or portions
thereof, including its databases, invisible pages, linked
pages, underlying code, or other intellectual property the
site may contain, for any reason for any use whatsoever.
Nothing. Visitor agrees to liquidated damages in the amount
of U.S.$100,000 in addition to costs and actual damages for
breach of this provision. Visitor warrants that he or she
understands that accepting this provision is a condition of
viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH
CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the
website. Material contained on the website must be presumed
to be proprietary and copyrighted. Visitors have no rights
whatsoever in the site content. Use of website content for
any reason is unlawful unless it is done with express
contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND
REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may
hyperlink this site, or portions thereof, (including, but
not limited to, logotypes, trademarks, branding or
copyrighted material) to theirs for any reason. Further,
you are not allowed to reference the url (website address)
of this website in any commercial or non-commercial media
without express permission, nor are you allowed to 'frame'
the site. You specifically agree to cooperate with the
Website to remove or de-activate any such activities and be
liable for all damages. You hereby agree to liquidated
damages of US$100,000.00 plus costs and actual damages for
violating this provision.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE
FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR
ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING
FACTORS.
The website assumes no responsibility for damage to
computers or software of the visitor or any person the
visitor subsequently communicates with from corrupting code
or data that is inadvertently passed to the visitor's
computer. Again, visitor views and interacts with this
site, or banners or pop-ups or advertising displayed
thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own
risk. Website makes no warranty that downloads are free of
corrupting computer codes, including, but not limited to,
viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this
site, including banners, advertising, or pop-ups,
downloads, and as a condition of the website to allow his
lawful viewing, Visitor forever waives all right to claims
of damage of any and all description based on any causal
factor resulting in any possible harm, no matter how
heinous or extensive, whether physical or emotional,
foreseeable or unforeseeable, whether personal or business
in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which
the Website is required to pay for, the Visitor, as a
condition of viewing, promises to reimburse the Website for
all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any
communication between Visitor and Website is deemed a
submission. All submissions, including portions thereof,
graphics contained thereon, or any of the content of the
submission, shall become the exclusive property of the
Website and may be used, without further permission, for
commercial use without additional consideration of any
kind. Visitor agrees to only communicate that information
to the Website, which it wishes to forever allow the
Website to use in any manner as it sees fit. "Submissions"
is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due
Visitor and Visitor expressly warrants an understanding
that the right to notice is waived as a condition for
permission to view or interact with the website.
DISPUTES
As part of the consideration that the Website requires for
viewing, using or interacting with this website, Visitor
agrees to use binding arbitration for any claim, dispute,
or controversy ("CLAIM") of any kind (whether in contract,
tort or otherwise) arising out of or relating to this
purchase, this product, including solicitation issues,
privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the
American Arbitration Association which are in effect on the
date a dispute is submitted to the American Arbitration
Association. Information about the American Arbitration
Association, its rules, and its forms are available from
the American Arbitration Association, 335 Madison Avenue,
Floor 10, New York, New York, 10017-4605. Hearing will take
place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or
customer have the right to go to court or have a jury
trial. Viewer, visitor, member, subscriber or customer will
not have the right to engage in pre-trial discovery except
as provided in the rules; you will not have the right to
participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration;
the arbitrator's decision will be final and binding with
limited rights of appeal.
The prevailing party shall be reimbursed by the other party
for any and all costs associated with the dispute
arbitration, including attorney fees, collection fees,
investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought
before a court of law, pre- or post-arbitration, Viewer,
visitor, member, subscriber or customer agrees to that the
sole and proper jurisdiction to be the state and city
declared in the contact information of the web owner unless
otherwise here specified. In the event that litigation is
in a federal court, the proper court shall be the closest
federal court to the Seller's address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that
the applicable law to be applied shall, in all cases, be
that of the state of the Seller.
CONTACT INFORMATION
bethkiley@comcast.net
Beth Kiley
P.O.Box 557
New Providence, NJ 07974