Terms of Service Between New Jersey & Company and User
1. THIS AGREEMENT: By agreeing to the terms and conditions of this Agreement, you (the "User") become a User of New Jersey & Company, Inc., and agree to be bound by this Agreement (the "Agreement"). This Agreement is subject to change by New Jersey & Company at any time, and such changes are effective upon posting of the change herein.
2. SERVICE FEE: The User is solely responsible for paying the designated fee for each Press Release (the "Release") submitted.
3. USER REPRESENTATIONS AND WARRANTIES: The User is solely responsible for the accuracy and authenticity of the content of each Release submitted to New Jersey & Company for distribution. THE USER REPRESENTS AND WARRANTS TO New Jersey & Company, AS FOLLOWS:
a. That User is authorized to submit the Release to New Jersey & Company for distribution;
b. That the content of the Release is factually and legally accurate;
c. That the publication of the material in the Release does not violate any state, federal or common law copyright, trademark, or service mark rights, any other property rights, privacy rights, confidentiality rights or other proprietary rights of any third party,
d. User will be solely responsible for the development, operation, and preparation of the Release and for all materials that appear therein;
e. That the Release does not contain any information which is defamatory, libelous or otherwise illegal; and
f. User has independently evaluated the desirability of utilizing New Jersey & Company's Release services and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
4. USER'S INDEMNIFICATION OBLIGATIONS: In the event any third party brings any claim, action, arbitration, or other proceeding against New Jersey & Company (collectively, "legal proceeding"), arising from the distribution or publication of any Release provided by User to New Jersey & Company for distribution or publication, or from any breach of this Agreement, including but not limited to the inaccuracy of any warranty or representation made by User herein, User shall indemnify, defend, and hold New Jersey & Company its parent, affiliates, and employees harmless in connection with any and all costs, expenses, losses and liabilities as a result of any proceeding including, but not limited to, attorneys' fees, expert witness fees, costs, and expenses.
5. RESERVATION OF THE RIGHT TO REJECT RELEASE: New Jersey & Company may reject User's Release if New Jersey & Company determines, in its sole discretion, that the Release is unsuitable for distribution. Unsuitable releases may include, but are not limited to, those Releases that promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or otherwise violate intellectual property or other rights. If New Jersey & Company rejects User's Release, User is welcome to resubmit an alternative Release at any time.
6. NO WARRANTIES OR REPRESENTATIONS BY New Jersey & Company: No warranty is made by New Jersey & Company regarding any services or products provided by or through New Jersey & Company. New Jersey & Company HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; 2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; 3) ANY WARRANTIES AGAINST NON-INFRINGEMENT; 4) ANY OTHER IMPLIED WARRANTIES ARISING FROM AN ALLEGED COURSE OF DEALING OR OF PERFORMANCE.
7. LIMITATION OF New Jersey & Company'S LIABILITIES: Any liability of New Jersey & Company, its parent, affiliates or employees, for the failure of any performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to a return of any amount paid by or on behalf of the User to New Jersey & Company in connection with the Release or Releases out of which the claim by User arises. IN NO EVENT SHALL New Jersey & Company, ITS PARENT, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUE, LOST PROFITS, OR DATA).
8. NOTICES: Notices by New Jersey & Company to Users may be given by means of posting on the website http://www.New Jersey & Company.com or by e-mail.
9. QUESTIONS: All questions regarding New Jersey & Company subscriptions or the Release should be sent by e-mail to: jas@scheinmedia.com
10. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the User and New Jersey & Company regarding the use of New Jersey & Company, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by New Jersey & Company to Users. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its terminations.
11. JURISDICTION, VENUE, AND CHOICE OF LAW: The parties agree that the exclusive location for purposes of Jurisdiction and Venue is a court of appropriate jurisdiction in the State of New York, City of New York. In any such action, the parties agree that the law of the State of New York, City of New York shall apply and shall govern the determination of the action.
12. ATTORNEYS' FEES: If New Jersey & Company brings an action to collect any sums due pursuant to this Agreement, New Jersey & Company shall be entitled to recover its reasonable attorneys' fees, expert witness fees, and costs. If you agree with the above Terms of Service, please continue submitting your order.
13. LIABILITY DISCLAIMER: Members of New Jersey & Company are solely responsible for the facts and accuracy of all information submitted by them for transmission and distribution by New Jersey & Company. The only responsibility of New Jersey & Company will be to use its reasonable efforts to correct any error of fact, timing or omission brought to its attention. New Jersey & Company reserves the right to reject copy when necessary in its judgment. All other uses of New Jersey & Company's daily news release file, including but not limited to any electronic redistribution or database storage, and retrieval, syndicated content on other websites through New Jersey & Company — whether or not for resale - in full, in part, in full text or in abstract, is prohibited without the express written consent of New Jersey & Company.
New Jersey & Company does not intend this Web site to be a solicitation related to any particular company, nor does it intend to provide investment, legal or tax advice. Investors should consult with their own investment, legal or tax advisers regarding the appropriateness of investing in any of the securities or investment strategies discussed in this Web site.
Nothing herein should be construed to be an endorsement by New Jersey & Company of any specific company or products or as an offer to sell or a solicitation to buy any security or other financial instrument or to participate in any trading strategy.
New Jersey & Company expressly disclaims any liability for the accuracy, timeliness or completeness of data in this Web site. Unless otherwise indicated, all data are derived from, and apply only to, publicly traded securities. Investors should consider any data available through disclosures required of such publicly traded companies. New Jersey & Company has not independently verified any of the data. Any investment returns or performance data (past, hypothetical, or otherwise) are not necessarily indicative of future returns or performance.
Please direct your inquiries concerning the use of New Jersey & Company text to Jonathan A. Schein, New Jersey & Company, jas@scheinmedia.com.
