These Terms are a binding contract between:
This contract governs Your access to and use of this Website and its component pages (collectively, “Website”), as well as the content, functionality and/or online services and features made available through the Website. Please read these Terms fully and carefully before accessing and using Our Website.
Do not make any Submission that includes information You wish to remain confidential, including any Personal Information. Your Submission may be made publicly available and We are not responsible for any use or misuse (including any distribution) by any third party. IF YOU CHOOSE TO INCLUDE ANY PERSONAL INFORMATION IN A SUBMISSION THROUGH OR IN CONNECTION WITH THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, YOU DO SO AT YOUR OWN RISK.
6. Website Unavailability. Your access to this Website may be unavailable or interrupted at any time and for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Website, or any of the consequences of such
Without any further notice, You understand and agree that at any time We, in our sole and exclusive discretion and with or without cause, may terminate, cancel, deactivate, and/or suspend Your access to this Website. We also reserve the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Website. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY REGARDING THE TERMINATION OR MODIFICATION OF YOUR ACCESS TO AND USE OF THE WEBSITE IS TO STOP USING THE WEBSITE.
A. You are solely responsible for the content of Your communications and representations via the Website, including those sent to Us via this Website when You register or provide any other information to Us for any
B. We may require, at any time, proof that You are following these Terms. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to this Website or seeking other legal or equitable remedies, once We become aware of any violation of these Terms. As a condition of use of this Website, You represent the following:
Violations of the Terms, including without limitation provisions (i-xi) above, will be determined by Us in our sole discretion and may result in, among other things, termination of Your access to the Website.
ALL WEBSITE CONTENT AND MATERIALS, AS WELL AS THE PRODUCTS AND MATERIALS DEPICTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION TEXT, MERCHANDISE, PHOTOGRAPHS, ILLUSTRATIONS, IMAGES, GRAPHICS, PRODUCT NAMES, DESIGNS, LOGOS, VIDEO MATERIAL, AND AUDIO CLIPS (COLLECTIVELY, “THE INTELLECTUAL PROPERTY”) ARE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS OF THE UNITED STATES, AS WELL AS INTERNATIONAL CONVENTIONS AND THE LAWS OF OTHER COUNTRIES. THE INTELLECTUAL PROPERTY IS OWNED OR CONTROLLED BY US OR THE PARTY CREDITED AS THE PROVIDER OR OWNER OF THE INTELLECTUAL PROPERTY. THE COMPILATION (MEANING THE COLLECTION, ARRANGEMENT, AND ASSEMBLY) OF ALL CONTENT ON THIS WEBSITE IS THE EXCLUSIVE PROPERTY OF CONNELL OR ANTENNA, AS APPLICABLE, AND PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. EXCEPT AS EXPRESSLY AUTHORIZED BY US, YOU AGREE NOT TO SELL, LICENSE, DISTRIBUTE, COPY, MODIFY, PUBLICLY PERFORM OR DISPLAY, TRANSMIT, PUBLISH, EDIT, ADAPT, CREATE DERIVATIVE WORKS FROM, OR OTHERWISE MAKE UNAUTHORIZED USE OF ANY WEBSITE CONTENT, MATERIALS AND INTELLECTUAL PROPERTY.
This Website may contain links to third-party websites and other platforms, including without limitation, social media platforms (“Third-Party Websites”).
We are not responsible for Third-Party Websites and their content. The Third-Party Websites are not controlled by Us. Accordingly, We make no warranties or representations regarding such Third-Party Websites, have no responsibility for the operation or content of such Third-Party Websites, and will not be liable for any loss or damage caused by Your use of or reliance on such Third-Party Websites. Your use of Third-Party Websites is at Your own risk. The inclusion on this Website of a link to a Third-Party Website does not imply an endorsement by Us. When You access any of these Third-Party Websites, please understand that Your rights and obligations while accessing and using those Websites will be governed by the agreements and policies relating to the use of those Websites.
A. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO PARAGRAPH (D) OF THIS SECTION, WE AND OUR RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE CONTENT OR WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON- INFRINGEMENT.
B. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THE WEBSITE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT WE AND/OR OUR RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AND/OR MAY DISCONTINUE ANY PART OF THE WEBSITE AT ANY
C. ALSO SUBJECT TO PARAGRAPH (D) OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL WE AND/OR OUR RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
D. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO ANY PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
You agree to indemnify and hold Us and Our respective employees, officers, directors, investors, agents, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Us harmless from all claims, liabilities, losses, damages, and expenses (including without limitation attorneys’ fees and expenses) arising out of or relating to Your breach or alleged breach of any Terms or conditions applicable to Your use of or access to the Website.
These Terms are governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. Jurisdiction for any claims, lawsuits, or other actions (collectively, “Claims”) arising under these Terms shall lie exclusively with the state or federal courts within New Jersey. You agree that neither You, nor Your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
We may assign our rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.
Sections 4 (Privacy), 7 (Ownership; Proprietary Rights), 10 (Indemnification; Hold Harmless), 11 (Dispute), 12 (Assignment), 13 (Severability), 15 (Headings), 17 (No Waiver), 18 (Children’s Online Privacy Protection Act (“COPPA”) Notification), and 19 (Digital Millennium Copyright Act) shall survive any termination of these Terms.
All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the provisions, terms, representations, covenants, agreements, certifications, declarations, affirmances, or statements contained herein.
(1) to the extent that any provision in the separate written agreement between Connell and Antenna (the “Connell/Antenna Agreement”) conflicts with these Terms, the Connell/Antenna Agreement shall govern as between Connell and Antenna; and
(2) to the extent that any provision in a separate written agreement between Connell or its affiliate and You conflicts with these Terms, the separate written agreement between Connell or its affiliate and You shall govern.
No provision of these Terms shall be modified or amended except as expressly stated within the Terms.
No waiver of any of these Terms by Us is binding unless authorized in writing by an officer of Connell. If Connell waives a breach of any provision of the Terms, any such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of the Terms and will in no manner affect Our right to enforce the same at a later time.
Our Website is not designed or intended for use by children under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that may be harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Website, http://www.eff.org.
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on this Website should be promptly sent in the form of written communication to Connell (at Connell Legal Dept., 300 Connell Drive, Berkeley Heights, NJ, or email@example.com) and Antenna at (530 Seventh Avenue New York, NY 10018) or [firstname.lastname@example.org]. All claims must include the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit Us, our respective service provider, or an authorized representative to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly
Address: The Connell Company Legal Department
300 Connell Drive
Berkeley Heights, NJ 07922