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Agreement with Our Terms and Conditions
PLEASE BE ADVISED THAT TO THE EXTENT THAT WE PROVIDE ANY CONTENT FROM THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, OPINIONS AND ADVICE), SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THIRD PARTY CONTENT AND EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CONTENT.
Although we cannot guarantee that all the features and functions of our Site will be fully accessible by all people with disabilities, we desire to make the Site available to all our users, including those with disabilities. You can help. Please email us at email@example.com with the words “Disabled Access” in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement. We can’t promise that we’ll make the changes you suggest, but we will take your input seriously and will consider it as we evaluate ways to accommodate your concerns.
The Site is intended for users who are of majority age (18 years old) and capable of forming and entering into legally binding contracts under applicable law. By use of the Site you represent and acknowledge that you are at least 18 years of age. If our Company has any reason to suspect that a user of the Site is under the age of 18, or that such user is not compliant with any applicable state, federal, local laws, rules or regulations, we reserve the right to terminate any such users rights to the Site.
Relationship To Our Company and Between Users
You agree and acknowledge that by registering and using the Site that you have not entered into any type of agency, partnership, joint venture, or employment arrangement with our Company. As such, you have no ability or right to act on behalf of our Company or bind our Company in any respect.
All users agree and understand that users attempting to provide services through the Site are independent contractors. Our company is not responsible for and has no control over such independent contractors and the day-to-day activities, services or obligations of such independent contractors.
All users agree and acknowledge that any such dealing with another user of the Site, whether for services or not, shall be done at the sole responsibility of the user. Should any dispute arise between two users, including payment, performance of any service, any other term, condition warranty or representation associated with such dispute, our Company shall not be responsible and it is the responsibility of the users to resolve such disputes on their own in the manner they see fit. Our Company therefore recommends that you take reasonable precautions and perform appropriate investigations before agreeing to or entering into any transaction with another user or third party for services.
Restrictions On The Use of the Materials And Contents In Our Web Site
This Site and its contents are copyrighted materials protected upon their creation or compilation by U.S. and international copyright laws. Use of the copyrighted information on our Site is exclusively for the benefit of our customers. All content and compilations of content are the property of When Pigs Fly Enterprises LLC and are to be used solely in connection with the purchase or potential purchase of services from the Site.
While the Site allows and encourages users to share content, we must place certain restrictions on such actions. You may share content or link to the Site, as long as you retain all content in its original form including all the Site branding and identifications. You may not scrape, strip or alter content in any manner. We emphasize that the Site and all of its content are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our Site is the exclusive property of When Pigs Fly Enterprises LLC. Additionally, the names and logos of the Site and its related companies used on this Site, examples of which are listed as below, are trademarks and/or service marks that are owned or licensed by When Pigs Fly Enterprises LLC. None of the Company’s trademarks and service marks may be used by any party without express written consent of the Company, except that you are permitted to include any trademarks and service marks that are present in content you are permitted to republish as discussed above. Also, to the extent that we include certain trademarks owned by other parties in our Site, these trademarks are property of their respective owners. You agree not to modify any portion of the Site. This restriction includes copying, reproducing, or modifying any names, trademarks and logos which the Company owns or has the right to use.
Everything you download–any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, remains our property. That means that we retain full and complete ownership to the software and to all of the associated intellectual property rights. You cannot redistribute or sell any such material or reverse-engineer, disassemble, modify or otherwise convert it to any other form.
Be aware that sometimes we provide access to other web sites from our Site. We do not endorse or approve any products or information offered at sites you reach through our Site.
Materials Submitted to Us
We welcome any comments you may have regarding our Site and our services. However, do not provide us with any suggestions or ideas that you consider proprietary or confidential. Please note that any comments you submit to us through our Site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. This means that we will not treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not compensate you or anyone else for any information that you provide which is used by us.
Additionally, you acknowledge that you have full responsibility for any submission you make, including its legality, reliability, appropriateness, originality, and copyright.
IT IS IMPORTANT TO REMEMBER THAT COMMENTS SUBMITTED BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR SITE AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE FOR A LONG TIME. You have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others. Do not disclose sensitive, proprietary or confidential information.
Content Indemnity ___ As between you and our Company, you represent and warrant to us that any material you provide to us is original to you and that no other party has any rights to it including so-called “moral rights.” You agree to defend, indemnify and hold our Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your posting, submitting, publishing or transmitting any materials and/or your breach or violation of the law or of these Terms and Conditions. Our Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our Company’s defense of such claim. In other words, you promise that no other company or person will claim that you stole, misappropriated or are inappropriately using the materials and that if they do, or if you do other things that may make us liable for legal claims for what you do using the Site, you will legally protect us from that claim and pay any money that might be owed as a result, whether to our lawyers, your lawyers, a court or the other person or company making the claim.
Our Right to Use the Materials ___ By submitting, posting or displaying materials on our Site you are automatically granting, and hereby do grant to us, a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (including copy, derive display, perform, publish, modify, adapt and translate) such materials in all forms and media (the “License”) to the extent such materials are not owned by us pursuant to the preceding paragraphs. This means that our right to possess, use and display the materials anywhere and through any means will never expire including if we were to sell and/or re‑organize our business, that we will never owe you any money for it and that we may allow others to use or possess the materials, for instance to host the Site for us. We will try to make sure any company or person to whom we might give the material.
DMCA; Copyright Agent; Repeat Infringers. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials we host on or through the Site infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is the Company’s policy that it reserves the right to terminate any such user’s rights to the Site. Such includes termination in appropriate circumstances of users who are repeat infringers of intellectual property rights. Please be aware that there can be substantial penalties for false claims. Notices and counter-notices for the Site should be sent to:
Electronic mail: firstname.lastname@example.org
Standard mail: Mannies, 660 Broadway, Bayonne, NJ 07002
Any conduct by you that in our Company’s sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted. You agree to use our Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy, moral rights, rights of publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or our Company. You acknowledge that when registering for the Site, or creating a posting, you will provide truthful and accurate information and will be responsible for maintaining the truthfulness and accuracy of such information at all times. You are also prohibited from using the Site to collect or harvest personal information from the Site or from using the Site for any type of commercial purposes, including solicitation purposes, advertising or posting links to external sites in violation of this policy. You agree that you will not perform and take any action that damage, circumvents the intended purpose of the Site including payment of fees to the Site, interferes with or prevents access to the Site. You alone are responsible for the content and consequences of any of your activities and understand that our Company has no obligation to monitor any access or use of the Site or review anything submitted to the Site, but has the right to do so at our sole discretion.
You agree and acknowledge that should you become aware of any Prohibited Conduct by any person that uses the Site, you will contact our Company and provide us with all information and cooperate with the Company into any possible investigation that we may choose to conduct at our sole discretion.
Disclaimer and Limitation of Liability
THE SITE CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OUR COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY.
OUR COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF OUR SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) OUR SITE OR ANY OTHER WEB SITE TO WHICH YOU HYPERLINK FROM OUR SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
IN NO EVENT SHALL OUR COMPANY OR ITS AFFILIATES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR APP AND ANY THIRD PARTY CONTENT OR SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT OUR COMPANY OR ITS AUTHORIZED REPRESENTATIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OUR COMPANY’S AGGREGATE LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
This site may contain typographical errors or inaccuracies and may not be complete or current. Our Company therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to costs and availability of our services. We apologize for any inconvenience.
Unless otherwise specified, the materials in our Site are presented to provide information about our Company, its products and services offered for sale and to provide related services and information to visitors.
Our Company’s business is located in Bayonne, New Jersey, U.S.A. We in no way imply that the materials on our Site are appropriate or available for use outside of the United States. If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws. In addition, you may not use or export the materials in violation of U.S. export laws and regulations.
Additional Points about the Terms and Conditions of this User Agreement
These terms and conditions and the agreement they create, shall be governed by and interpreted according to the laws of the State of New Jersey without applying the State’s conflict-of-law principles. You consent to the subject matter and personal jurisdiction, proper forum and proper venue of the courts of Hudson County, New Jersey and the United States District Court for the District of New Jersey.
You agree to bring any claim that arises out of or is directly related to the Site against our Company within one (1) year after the cause of the action regardless of any statue or law to the contrary. Failure to timely bring any such cause of action is a waiver of the right to do so.
It is our goal to provide you with exceptional service. However, should any dispute arise between you and our Company, you agree to attempt to resolve such dispute with our Company before resorting to the filing of a formal lawsuit. We encourage you to contact us directly at email@example.com so that we may consider whether such request is reasonable and make every effort to resolve such request. We maintain sole discretion whether or not to resolve such request through alternative dispute resolution, including mediation or arbitration prior to commencement of any such litigation.
Consistent with the above terms and conditions, should a dispute arise between users of the Site they shall work directly with each other to resolve such disputes. Our Company shall not aid in the resolution of such dispute unless required to under state, federal or local laws.
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