Welcome to the Norman Jaspan Associates, Inc. Web Site (the “Site”). These Terms of Use govern your use of the Site and its contents. The terms “NJA,” “we,” “us” and “our” refer to Norman Jaspan Associates, Inc. or its affiliates.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE NJA PRIVACY STATEMENT AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.
1. Registration
You must register on this Site in order to use certain functions. If you just want to browse the Site, registration is optional.
During registration, you will be required to provide contact information, consisting of an email address and password. You will be assigned a username.
2. Age of Users
Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur.
3. Additional Terms and Conditions for Software: EULAs
When you register for or purchase the Site’s services, you will be required to agree to one or more End-User License Agreements (or “EULAs) which may include additional terms. You will be bound by any EULA that you agree to.
4. NJA Privacy Statement
Your use of this Site signifies your continuing consent to the NJA Privacy Statement, which you can examine any time by clicking on the “Privacy” link on the Site.
Personal information that you supply to NJA, and any information about your use of NJA that we obtain will be subject to the NJA Privacy Statement on this Site.
5. Changes to NJA
We may discontinue or change any NJA content, service, function or feature at any time with or without notice.
6. Proper Use of This Site
You may use the NJA Site for lawful purposes only and may use the Site only in ways consistent with the law.
You may not use any program, spider or “bot” to gather or “harvest” information from the Site.
7. Proprietary Rights and Limited License
NJA and its suppliers reserve all rights under intellectual property law in NJA and in any content that is on the Site.
NJA authorizes you to copy materials published by NJA on this Web Site solely for non-commercial use within your organization. No other use of the information is authorized on consideration of this authorization. In consideration of this authorization, you agree that any copy of these materials, which you make, shall retain all copyright and other proprietary notices in the same form and manner as on the original.
ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM NJA. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
8. Changes to the Terms of Use
We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s “Terms of Use” link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.
9. Electronic Delivery Statement and Your Consent
You agree that we may provide to you notices and other information concerning NJA or this Site electronically, including notice to any email address that you may provide.
10. Information That You Supply
NJA may allow you to supply information that can be accessed and viewed by others. You agree not to post any content that violates these terms or any applicable EULA. Content that violates applicable rules may be removed.
11. No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
12. Third Party Sites and Advertisers
NJA may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that NJA is not responsible for any claim or loss due to a third party site or any advertiser.
13. Disclaimer of Warranties
We provide this site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
14. Limitation of Liability
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability. And the liability of our company and suppliers, shall be limited to the extent permitted by law.
15. Indemnification
You agree to defend, indemnify, and hold harmless other NJA, its affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
16. International Use
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local law.
17. Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of New York, USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New York, USA in the city and County of New York and you agree and submit to the exercise of personal jurisdiction of such court for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN: (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OF NEW YORK, COUNTY OF NEW YORK OR FEDERAL COURT IN THE SOUTHERN DISTRICT OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
18. Severability and Integration
This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements with regard to use of the Site, except regarding payment for use of any services.. If any of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
19. Termination
We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.
20. Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.
Revision Date: May 2009
