You may be required to register with the Site. You agree to keep your password confidential and will beresponsible for all use of your account and password. We reserve the right to remove, reclaim, orchange a username you select if we determine, in our sole discretion, that such username isinappropriate, obscene, or otherwise objectionable.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site bylinking your account from the Site to any of your social networking accounts, you automatically grant,and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited,irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licenseto host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), anddistribute such Contributions (including, without limitation, your image and voice) for any purpose,commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into otherworks, such Contributions, and grant and authorize sublicenses of the foregoing. The use anddistribution may occur in any media formats and through any media channels.This license will apply to any form, media, or technology now known or hereafter developed, andincludes our use of your name, company name, and franchise name, as applicable, and any of thetrademarks, service marks, trade names, logos, and personal and commercial images you provide. Youwaive all moral rights in your Contributions, and you warrant that moral rights have not otherwise beenasserted in your Contributions.We do not assert any ownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rights associated with yourContributions. We are not liable for any statements or representations in your Contributions provided byyou in any area on the Site. You are solely responsible for your Contributions to the Site and youexpressly agree to exonerate us from any and all responsibility and to refrain from any legal actionagainst us regarding your Contributions.We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change anyContributions; (2) to re-categorize any Contributions to place them in more appropriate locations on theSite; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.We have no obligation to monitor your Contributions.
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you mustcomply with the following criteria: (1) you should have firsthand experience with the person/entity beingreviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hatelanguage; (3) your reviews should not contain discriminatory references based on religion, race, gender,national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not containreferences to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews;(6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false ormisleading statements; and (8) you may not organize a campaign encouraging others to post reviews,whether positive or negative.We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation toscreen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any ofour affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify,translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.SOCIAL MEDIAAs part of the functionality of the Site, you may link your account with online accounts you have withthird-party service providers (each such account, a “Third-Party Account”) by either: (1) providing yourThird-Party Account login information through the Site; or (2) allowing us to access your Third-PartyAccount, as is permitted under the applicable terms and conditions that govern your use of each ThirdParty Account. You represent and warrant that you are entitled to disclose your Third-Party Accountlogin information to us and/or grant us access to your Third-Party Account, without breach by you of anyof the terms and conditions that govern your use of the applicable Third-Party Account, and withoutobligating us to pay any fees or making us subject to any usage limitations imposed by the third-partyservice provider of the Third-Party Account. By granting us access to any Third-Party Accounts, youunderstand that (1) we may access, make available, and store (if applicable) any content that you haveprovided to and stored in your Third-Party Account (the “Social Network Content”) so that it is availableon and through the Site via your account, including without limitation any friend lists and (2) we maysubmit to and receive from your Third-Party Account additional information to the extent you are notifiedwhen you link your account with the Third-Party Account. Depending on the Third-Party Accounts youchoose and subject to the privacy settings that you have set in such Third-Party Accounts, personallyidentifiable information that you post to your Third-Party Accounts may be available on and through youraccount on the Site. Please note that if a Third-Party Account or associated service becomesunavailable or our access to such Third Party Account is terminated by the third-party service provider,then Social Network Content may no longer be available on and through the Site. You will have theability to disable the connection between your account on the Site and your Third-Party Accounts at anytime. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERSASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOURAGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to reviewany Social Network Content for any purpose, including but not limited to, for accuracy, legality, or noninfringement, and we are not responsible for any Social Network Content. You acknowledge and agreethat we may access your email address book associated with a Third-Party Account and your contactslist stored on your mobile device or tablet computer solely for purposes of identifying and informing youof those contacts who have also registered to use the Site. You can deactivate the connection betweenthe Site and your Third-Party Account by contacting us using the contact information below or throughyour account settings (if applicable). We will attempt to delete any information stored on our servers thatwas obtained through such Third-Party Account, except the username and profile picture that becomeassociated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or otherinformation regarding the Site (“Submissions”) provided by you to us are non-confidential and shallbecome our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose,commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moralrights to any such Submissions, and you hereby warrant that any such Submissions are original withyou or that you have the right to submit such Submissions. You agree there shall be no recourseagainst us for any alleged or actual infringement or misappropriation of any proprietary right in yourSubmissions.
We allow advertisers to display their advertisements and other information in certain areas of the Site,such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take fullresponsibility for any advertisements you place on the Site and any services provided on the Site orproducts sold through those advertisements. Further, as an advertiser, you warrant and represent thatyou possess all rights and authority to place advertisements on the Site, including, but not limited to,intellectual property rights, publicity rights, and contractual rights. We simply provide the space to placesuch advertisements, and we have no other relationship with advertisers.
We respect the intellectual property rights of others. If you believe that any material available on orthrough the Site infringes upon any copyright you own or control, please immediately notify us using thecontact information provided below (a “Notification”). A copy of your Notification will be sent to theperson who posted or stored the material addressed in the Notification. Please be advised that pursuantto federal law you may be held liable for damages if you make material misrepresentations in aNotification. Thus, if you are not sure that material located on or linked to by the Site infringes yourcopyright, you should consider first contacting an attorney.
Informal NegotiationsTo expedite resolution and control the cost of any dispute, controversy, or claim related to these Termsof Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a“Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (exceptthose Disputes expressly provided below) informally for at least one hundred twenty (120) days beforeinitiating arbitration. Such informal negotiations commence upon written notice from one Party to theother Party.
Binding ArbitrationIf the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except thoseDisputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOUUNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE INCOURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under theCommercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate,the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both ofwhich are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitratorcompensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by theAAA Consumer Rules. The arbitration may be conducted in person, through the submission ofdocuments, by phone, or online. The arbitrator will make a decision in writing, but need not provide astatement of reasons unless requested by either Party. The arbitrator must follow applicable law, andany award may be challenged if the arbitrator fails to do so. Except where otherwise required by theapplicable AAA rules or applicable law, the arbitration will take place in United States County, NewJersey. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stayproceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award enteredby the arbitrator.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. Tothe full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there isno right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class actionprocedures; and (c) there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.Exceptions to Informal Negotiations and ArbitrationThe Parties agree that the following Disputes are not subject to the above provisions concerninginformal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, orconcerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim forinjunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable andsuch Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions,including descriptions, pricing, availability, and various other information. We reserve the right to correctany errors, inaccuracies, or omissions and to change or update the information on the Site at any time,without prior notice.
DISCLAIMERTHE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USEOF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENTPERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTIONWITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACYOR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKEDTO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY ORPROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TOAND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROMTHE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OROMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BYA THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE ORMOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILLNOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONBETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITHTHE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANYENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.
LIMITATIONS OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU ORANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THECONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER ANDREGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSEROF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $1,000.00 USD. CERTAIN STATE LAWS DONOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performanceof the Site, as well as data relating to your use of the Site. Although we perform regular routine backupsof data, you are solely responsible for all data that you transmit or that relates to any activity you haveundertaken using the Site. You agree that we shall have no liability to you for any loss or corruption ofany such data, and you hereby waive any right of action against us arising from any such loss orcorruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications.You consent to receive electronic communications, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, via email and on the Site,satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THEUSE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TOELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATEDOR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under anystatutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an originalsignature or delivery or retention of non-electronic records, or to payments or the granting of credits byany means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit ofthe Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or(916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the
Site, please contact us at:
Technology Holdings USA LLC
PO Box 691
Brick, NJ 08723