Terms Of Use
AGREEMENT BETWEEN USER AND NJ SMART
SAVINGS
The NJ Smart Savings Web Site is
comprised of various Web pages operated by Greater Media New Jersey.
The NJ Smart Savings Web Site is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the NJ Smart
Savings Web Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
NJ Smart Savings reserves the right
to change the terms, conditions, and notices under which the NJ Smart Savings Web
Site is offered, including but not limited to the charges associated with the
use of the NJ Smart Savings Web Site. Your continued use of the NJ Smart
Savings Web Site following the posting of any changes to these Terms of Use
constitutes your acceptance of such changes.
LINKS TO THIRD PARTY SITES
The NJ Smart Savings Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites
are not under the control of NJ Smart Savings and NJ Smart Savings is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. NJ Smart Savings is not responsible
for webcasting or any other form of transmission received from any Linked Site.
NJ Smart Savings is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by NJ Smart Savings of the
site or any association with its operators.
LINKS TO THE NJ SMART SAVINGS
WEBSITE
Generally, NJ Smart Savings does not
mind if you have a text link from your web site to the NJ Smart Savings Web
Site. However, you may not frame or “mirror” the NJ Smart Savings Web Site or
incorporate pieces of it into a different web site or product. Links to the NJ
Smart Savings Web Site must clearly identify NJ Smart Savings as the source of
information displayed and preserve the integrity of NJ Smart Savings web pages
without alteration. Further, you may not link to the NJ Smart Savings Web Site
if you create or post any illegal, obscene or offensive content, or if the link
in any way has a negative impact on our reputation.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the NJ
Smart Savings Web Site, you warrant to NJ Smart Savings that you will not use
the NJ Smart Savings Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the NJ Smart Savings Web Site in any manner which could damage,
disable, overburden, or impair NJ Smart Savings Web Site or interfere with any other party's
use and enjoyment of the NJ Smart Savings Web Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the NJ Smart Savings Web
Sites.
USE OF COMMUNICATION SERVICES
The NJ Smart Savings Web Site may
contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using a Communication
Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others.
Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information.
Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy or
publicity) unless you own or control the rights thereto or have received
all necessary consents.
Upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage the operation of
another's computer.
Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service specifically
allows such messages.
Conduct or forward surveys, contests, pyramid schemes
or chain letters.
Download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded.
Restrict or inhibit any other user from using and enjoying
the Communication Services.
Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
NJ Smart Savings has no obligation
to monitor the Communication Services. However, NJ Smart Savings reserves the
right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. NJ Smart Savings reserves the right to
terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
NJ Smart Savings reserves the right
at all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, with or
without notice, in NJ Smart Savings sole discretion.
Always use caution when giving out
any personally identifying information about yourself or your children in any
Communication Service. NJ Smart Savings does not control or endorse the
content, messages or information found in any Communication Service and,
therefore, NJ Smart Savings specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your participation in
any Communication Service. Managers and hosts are not authorized NJ Smart
Savings spokespersons, and their views do not necessarily reflect those of NJ
Smart Savings. Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.
MARKETING VIA MOBILE
DEVICES
If you register for NJ Smart Savings
wireless and mobile services, you acknowledge, understand and agree that you
will be charged by your wireless carrier for all messages sent to you from NJ
Smart Savings. Standard messaging rates will apply, unless noted otherwise. Under
no circumstances will
NJ Smart
Savings, its parent companies or any of
its affiliates be responsible for any wireless email or text messaging charges
incurred by you or by a person that has access to your wireless device,
telephone number, or email address.
You understand, acknowledge and
agree that NJ Smart Savings may, at its sole discretion and without liability to
you, terminate its offer of any specific wireless service or all wireless
services at any time without advance notice. NJ Smart Savings may provide
notice of terminations or changes in services on this website.
MATERIALS PROVIDED TO NJ SMART
SAVINGS OR POSTED AT ANY
NJ
SMART SAVINGS
NJ Smart Savings does not claim
ownership of the materials you provide to NJ Smart Savings (including feedback
and suggestions) or post, upload, input or submit to any NJ SMART SAVINGS Web
Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting NJ Smart Savings, its affiliated companies and
necessary sub licensees permission to use your Submission in connection with
the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with
respect to the use of your Submission, as provided herein. NJ Smart Savings 1
is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in NJ Smart Savings sole discretion.
By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NJ SMART SAVINGS WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. NJ SMART SAVINGS AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE NJ SMART SAVINGS WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE NJ SMART SAVINGS WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NJ SMART SAVINGS AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE NJ SMART SAVINGS WEB SITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NJ SMART SAVINGS AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL NJ SMART SAVINGS 1 AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE NJ SMART SAVINGS WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE NJ SMART SAVINGS WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NJ SMART SAVINGS WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NJ SMART SAVINGS WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF NJ SMART SAVINGS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE NJ SMART SAVINGS 1 WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING NJ SMART SAVINGS WEB SITE.
SERVICE CONTACT :
webmaster@greatermedianj.com
TERMINATION/ACCESS RESTRICTION
NJ SMART SAVINGS reserves the right,
in its sole discretion, to terminate your access to the NJ SMART SAVINGS Web
Site and the related services or any portion thereof at any time, without
notice.
PROPRIETARY RIGHTS:
You acknowledge and agree that the
content and materials available on the NJ SMART SAVINGS Web Site, including
without limitation all text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, taglines, video media, artwork, design,
structure, selection, coordination, expression, “look and feel” and the
arrangement thereof, are protected by copyrights, trademarks, service marks or
other proprietary rights and laws. You agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, compile or create derivative works from such
content or materials. Use of the content or materials for any purpose not
expressly permitted in these Terms of Use is prohibited. You acknowledge and
agree that the unauthorized use of the contents and materials on the NJ SMART
SAVINGS Web Site could cause irreparable harm to NJ SMART SAVINGS and that in
the event of such unauthorized use, NJ SMART SAVINGS hall be entitled to an injunction in addition
to any other remedies available at law or in equity.
Documents available on the NJ SMART
SAVINGS 1 Web Site may be copied for personal use only on the condition that
copyright and source indications are also copied, no modifications are made,
and the document is copied entirely. However, some documents, photos, and other
content may have been published on the NJ SMART SAVINGS Web Site with the
permission of the relevant copyright owners (who are not NJ SMART SAVINGS). All
rights in such documents, photos, and other content are reserved to their
owners, and permission to copy or otherwise exploit them must be requested and
obtained directly from the copyright owners.”
TRADEMARKS
The names of actual companies and
products mentioned herein may be the trademarks of their respective owners.
The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted
herein are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright infringement under
United States copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE.
Procedure for Making Claims of
Copyright Infringement
If you believe that your work has
been copied and is accessible on the NJ SMART SAVINGS Web Site in a way that
constitutes copyright infringement, please provide the following information to
NJ SMART SAVINGS.
• an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest;
• a description of the copyrighted
work that you claim has been infringed;
• a description of where the
material that you claim is infringing is located on the Site;
• your address, telephone number,
and email address;
• a statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
• a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's
behalf.
Please send such notice to the
following Designated Agent:
NJ SMART
SAVINGS
Attn: General Counsel
35 Braintree
Hill Park, Suite 300
Braintree, MA
02184
copyrights@greatermedia.com
Counter-Notice
If you believe that your user
submission that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the
copyright owner’s agent, or pursuant to the law, to post and use the content in
your user submission, you may send a counter-notice containing the following
information to NJ SMART SAVINGS:
• Your electronic or physical
signature;
• A description of the content that
has been removed or to which access has been disabled;
• A description of where the
allegedly infringing material is located on the website;
• Your address, telephone number,
and email address;
• A statement by you that you have a
good faith belief that the content was removed or disabled as a result of
mistake or a misidentification of the content; and
• A statement by you made, under the
penalty of perjury, that the above information in your counter-notice is
accurate and that you have authorization from the copyright owner, the
copyright owner’s agent, or pursuant to the law to post and use the content in
your user submission.
Please send such notice to the
following Designated Agent:
NJ SMART
SAVINGS
Attn: General Counsel
35 Braintree
Hill Park, Suite 300
Braintree, MA
02184
copyrights@greatermedia.com
If a counter-notice is received by NJ
SMART SAVINGS, NJ SMART SAVINGS may send a copy of the counter-notice to the
original complaining party informing that person that it may restore the
removed content or cease disabling it in 10 business days. Unless the copyright
owner files an action seeking a court order against the member or user, the
removed content may be restored, or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, at the sole discretion of NJ
SMART SAVINGS.
GENERAL
To the maximum extent permitted by
law, this agreement is governed by the laws of the Commonwealth of New Jersey,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts
in Trenton, NJ , U.S.A. in all disputes arising out of or relating to the use
of the NJ SMART SAVINGS 1 Web Site. Use of the NJ SMART SAVINGS Web Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and NJ SMART SAVINGS as a result of this agreement or use of
the NJ SMART SAVINGS Web Site. NJ SMART SAVINGS performance of this agreement
is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of NJ SMART SAVINGS right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the NJ SMART SAVINGS Web Site or information provided to or
gathered by NJ SMART SAVINGS with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and NJ SMART SAVINGS with
respect to the NJ SMART SAVINGS Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and NJ SMART SAVINGS with respect to the NJ SMART
SAVINGS Web Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish of
the parties that this agreement and all related documents be drawn up in
English.