Terms and Conditions
Effective: March 6, 2019
I. Introduction/Welcome
Thank you for visiting WeCare4.com (referred to in these Terms as “WeCare4®”, or the “Website,” or “Site”). WeCare4® is owned and operated by CJ Star Enterprises, LLC (referred to in these Terms as “we” or “us”).
II. Acceptance of the Terms of Use; Eligibility
We ask that you please carefully read these Terms of Use (these “Terms” or “Terms of Use”). These Terms constitute an agreement between you and us. By accessing or using the Website or any of the online services, as a guest or a registered user, you agree to be bound by these Terms and any new version of the Terms posted since your last visit. If you do not agree to these Terms of Use, we ask that you please not visit the Website or use its services in any manner.
This Website is offered and available to users who are 18 years of age or older. If you are under 18, we ask that you please use this Website only with your parent or legal guardian.
III. Changes to Terms of Use; Website
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Section XV (Legal) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. If notice of dispute is received, such dispute will be governed under the dispute resolution provisions effective at the time of notice.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. Please check this page frequently so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
IV. Acceptable Use of Website
We have created the following rules in order to provide and maintain a safe and open environment to share ideas, recommendations, stories, products, services, and other information. Therefore, when using our Site, you agree not to:
i. infringe any third-party intellectual property right;
ii. divulge another person's or entity's confidential or private information;
iii. conduct fraudulent, unlawful, threatening, harassing, abusive, discriminatory or criminal conduct;
iv. transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "spam", or other similar solicitation;
v. upload, link, or in any way use viruses, malware, spyware or other harmful content or code;
vi. violate any applicable laws or contractual obligations; or
vii. engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or any users of the Website.
We reserve the right, in our sole and absolute discretion, to suspend, block, delete, or remove any user or content from the Site for any reason including, but not limited to, a violation of the Terms.
Additionally, you agree not to (i) use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Website; (ii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) use any device, software, or routine that interferes with the proper working of the Website; (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (v) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (vi) otherwise attempt to interfere with the proper working of the Website.
V. Intellectual Property Rights
The Website contains an assortment of information, data, images, links, logos, trademarks, service marks, trade names and other content and material ("Content"). The Website and all Content and functionalities appearing on the Website are owned by us and our third-party licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights, title, and interests in and to the Website, including its Content vest solely in us and our licensors. The names of third-party companies and products mentioned on the Website may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Website, except as follows:
· You may print or download one copy of a reasonable number of pages of the Website for your own use and not for further reproduction, publication, or distribution.
· You may link our Website in any manner set forth in Section XI (Linking to the Website and Social Media)
You may not modify copies of any Content from the Website or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
We reserve the right to block access to or terminate the accounts of any account holders or Website users who infringe on our copyright or intellectual property rights or that of others or who we suspect otherwise have violated these Terms of Use. In our sole discretion, we reserve the right to take these actions at any time, without notice, and without any liability to the account holder or user.
VI. User Contributions; Feedback
The Website may contain message boards, discussion groups, personal user profiles, forums, user blogs, bulletin boards, article submission pages, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. User Contributions do not include resumes or other sensitive personal information that you upload in response to a job posting. All User Contributions must comply with all content standards and other terms set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any such material.
You represent and warrant that you own or control all rights in and to all User Contributions that you submit or contribute and have the right to grant the license granted above and that your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use or could create liability for us.
• Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any actual or suspected violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
Your User Contributions and use of the Website must comply with following content standards. Any User Contribution that you post must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, your User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person or organization.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Please be advised that we do not review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Further, we do not endorse nor take any responsibility for any User Contributions (including for any blog posts or discussion group leader posts or other activities). Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. You should seek you own medical, financial, tax, personal, legal, and other advice to determine the suitability of any product, service, or recommendation contained on the Website to your individual circumstances.
At times, you may provide feedback to us about our Website. Feedback includes, but is not limited to comments, advice, recommendations, ideas, suggestions, complaints, and other similar communication. While we appreciate and encourage feedback that will help us to better serve you, by providing feedback, you agree that we may use such feedback in any manner and without limitation, as we see fit. By providing us feedback, you waive and release us from claims for using such feedback without your permission. We will own all intellectual property that we create based upon or incorporating your feedback. You represent that any materials, content, and feedback posted or otherwise submitted by you to us is original to you and that you have the right to grant us these rights.
VII. Third-Party Advertisement, Products and Services; Reliance on Information.
In order to provide you with the most comprehensive and useful experience, the Website may contain links to other third-party websites, products, and services (collectively “Third-Party Services”). Such Third-Party Services are provided to you for your convenience only. We act merely as a platform for third-parties to market their services and for individuals to seek out providers. Your use of any Third-Party Services is at your own risk. We are not responsible for, nor have any control over, any Third-Party Services.
The presence of an advertisement or listing on our Site should not be construed as our recommendation or endorsement. We are not responsible for vetting, researching, or conducting any background or due diligence checks on Third-Party Services and we do not accept any responsibility for any third-parties or Third-Party Services. Nor do we take responsibility for the accuracy, currency, suitability, or quality of any such Third-Party Service and the providers of such Third-Party Services may change, add or discontinue their content or offerings at any time without notice. When you visit a linked website you should read the terms of use and privacy policy that govern that particular linked site.
We may accept paid or unpaid advertising on our Website. Your dealings with the advertisers are between you and the advertiser. You acknowledge and agree that we are not responsible for any loss or claim you may have against any advertiser. We do not guarantee the accuracy, currency, suitability, or quality of the information in the advertising.
Though we strive to publish content on our Site that we believe will be relevant to our readers, we do not make any representations or warranties regarding any articles or other content being accurate, complete or up-to-date. We do not recommend or endorse any product, services, communications, content, or other information posted on, contained within, or otherwise gained through the Website unless expressly stated. Nor do we exercise any independent judgment as to its quality. If we include any endorsement or recommendation of a product, service, communication, content, or other information on the Site, that endorsement or recommendation is based on our own experience or research. We cannot guarantee that you will have a similar experience, nor can we guarantee that our recommendation is suitable for you. You are advised to do your own investigation into whether a product, service, or course of action is suitable to your individual circumstances. By using the Website, you agree that we are not responsible or liable for any loss or damage that you may incur when using any product or service that we may endorse or recommend on the Website.
Information on the Website is for information purposes only. You must seek you own medical, financial, tax, personal, legal, and other advice to determine the suitability of any information, product, or service posted on the Site.
You expressly agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any reliance on content posted on our Site or with any dealings with any third-party, third-party website, advertiser, product, or services offered on or through our Website, and you will hold us harmless for any loss or damage. Your interactions with, and use of third-party websites, advertisers, products and services are at your own risk. You should investigate and use your independent judgment regarding the merits, quality, and reputation of any third-party website, products and services.
VIII. Account and Password/Registration
You may be required to register and provide personal and other information in order to access certain features or areas of the Site. In such a case, you agree to provide true, accurate, current, and complete information about yourself. It is your responsibility to keep that information up-to-date. You will be required to create a username and password upon registration. You are fully responsible for all actions taken under your account. It is your responsibility to protect your username and password and not share it with others. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you believe your account has been accessed without your authority, it is your responsibility to notify us of such incident. We are not liable for any loss or damage arising from your failure to protect your password or account information and you assume full responsibility for activity on your account.
IX. Job/Career Center
a. Job Seeker Services
You can use the Website to search and apply for jobs. Job seeker services may include, but are not limited to, job postings, job alerts, resume matching, resume databases, and job seeker profiles. By using these services, you agree to the additional terms described in this section as well as any terms included on the page(s) from which you use the job seeker services.
If you create a job seeker profile, complete a job application and/or provide your resume/CV to us, we may send to, or allow your information to be viewed by, potential employers or recruiters. By providing your information, you consent to our sharing your resume/CV (or any details contained therein), along with any additional information you provide to us during the application process and agree to give us a non-exclusive, royalty-free, worldwide license of any rights, including intellectual property rights, in your resume/CV and any additional information you provide to us, to share or otherwise use such resume/CV and additional information as we reasonably require to fulfill these services. We may parse or alter your resume/CV into another format and/or searchable text without altering the material contents of your resume/CV. Further, we may use third-party providers to assist with some or all of our career center services including, but not limited to, job matching and resume services. By creating a job profile, completing a job application, and/or providing your resume/CV to us, you acknowledge and agree that we may send your information to a third-party provider.
You understand and agree that your posting of your resume is at your own risk and that you are solely responsible for any liability arising out of the publication of your resume/CV. In addition to the Indemnification provision provided below, you agree to indemnify and hold us harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with the posting of your resume/CV or your breach of these Terms.
We cannot guarantee that your resume will be provided to any potential employers or persons or that you will be offered employment. Though we may provide your resume to a potential employer or may match your resume or application with a job posting, we are neither recommending you to the employer nor are we recommending the employer to you.
We are not responsible for vetting, researching, or conducting any backgrounds checks on potential employers or job openings. You are solely responsible for all interactions with any potential employers or other individuals whom you contact or who contacts you. You acknowledge there are risks, including, but not limited to, the risk of physical harm, that may arise when dealing with strangers. You should use caution with regard to the information you elect to share as part of your profile, job application, resume/CV, or during direct contact with others. We may offer users the opportunity to obtain certain background and due diligence services (collectively “Background Services”) from third-party providers through the Website in exchange for payment of a fee. Your dealings with any providers of Background Services are between you and the provider. You acknowledge and agree that we are not responsible for any loss or claim you may have against any Background Services provider. We do not guarantee the accuracy, currency, suitability, or quality of the service of any Background Services provider. Therefore, you should carefully read all terms of services and agreements offered by them. [Note: any agreement between CJ Star and a provider should include an indemnification provision pursuant to which the provider agrees to indemnify CJ Star in the event it is sued because of the provider’s services]
IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE INFORMATION YOU PROVIDE ONLY CONTAINS INFORMATION THAT YOU ARE COMFORTABLE SHARING. WE ENCOURAGE YOU TO PERFORM YOUR OWN DUE DILIGENCE AND BACKGROUND CHECK ON ANY EMPLOYERS AND JOBS YOU MAY BE INTERESTED IN.
b. Job Posting Services
The Website allows you to post or otherwise advertise job openings. We may use third-party providers to assist with some or all of our job posting services. By using these job posting services, you agree to the additional terms described in this section as well as any terms included on the page(s) from which you use the job posting services including our use of third-party providers.
For all job postings you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a third-party, you represent and warrant that (i) you have the necessary rights and authority to post or make public the information provided in the job posting; (ii) the use, reproduction, distribution, or transmission of job posting will not violate any applicable laws or any rights of any third-parties; (iii) the information provided in the job posting is truthful and only made for lawful purposes; (iv) you have the authority to grant permission to us and give us a non-exclusive, royalty-free, worldwide license of any rights, including intellectual property rights, in your job posting and any additional information you provide to us to share or otherwise use such job posting and additional information as we reasonably require to fulfill the services we provide to you; (v) you will use the personal information contained within resumes/CVs in accordance with applicable privacy and data protection laws; (vi) you will not disclose any personal data contained within resumes/CV’s to third-parties unless authorized by the candidates; and (vii) you will respect the privacy of job applicants.
Further, you agree not to post any job, advertisement, or any other content that: (i) is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive, or illegal; (ii) contains sexually explicit information or content (iii) seeks the assistance in the commission of a criminal offense or proceeding; (iv) violates or may violate these Terms of Use, applicable laws, rules or regulations, or third-party terms; (v) may adversely affect us; or (vi) which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of, any third-party.
We reserve to right to remove or block any postings or communication for any reason, or no reason at all, without liability or penalty. We further reserve the right to edit any posting so that it fits a particular format or removes any information we deem, in our sole discretion, inappropriate or unnecessary.
Job postings must also comply with applicable local, national and international laws, and regulations including, but not limited to, those relating to privacy, labor, employment, immigration, and anti-discrimination. It is your responsibility to know and understand those laws. Our acceptance of a job post is not an endorsement of the legality of such post.
Many factors, including the number of users of the Website and the information provided in the post, will determine the number and quality of candidates that you will receive. We do not guarantee the number or quality of the candidates which you will receive as a result of your job posting. We make no representations or warranties regarding the content provided in the resume/CV. We are not responsible for vetting, researching, or conducting any backgrounds checks on the applicants, their resume/CV, or the information which they provide. You are solely responsible for interviewing, performing background checks, and verifying the information and identities of each candidate. We may offer background checks, due diligence, and other job posting services through third-party providers for a fee. Your dealings with these providers are between you and the provider. You acknowledge and agree that we are not responsible for any loss or claim you may have against any provider. We do not guarantee the accuracy, currency, suitability, or quality of the service of the provider. Therefore, you should carefully read all terms of services and agreements offered by the provider.
In addition to the Indemnification provision provided below, you agree to indemnify and hold us harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with any job posting, advertisement, or communication on or facilitated through our Website or your breach of these Terms.
X. Online Purchases / Advertisement Purchases
OUR WEBSITE CONTAINS A MARKETPLACE WITH A DIRECTORY OF BUSINESS AND SERVICE PROVIDERS. THESE PROVIDERS MAY PAY A FEE FOR THE RIGHT TO BE INCLUDED IN THIS DIRECTORY. WE ARE NOT LIABLE FOR ANY INFORMATION IN THE DIRECTORY NOR DO WE GUARANTEE OR ENDORSE ANY OF THE PROVIDERS LISTED IN THE DIRECTORY. THIS DIRECTORY IS PROVIDED FOR YOUR CONVENIENCE ONLY AND WE ARE NOT LIABLE FOR YOUR INTERACTIONS WITH, OR USE OF, ANY PROVIDER.
WE DO NOT GUARANTEE A LISTING IN OUR DIRECTORY WILL INCREASE BUSINESS OR CLIENTS. IF YOU WISH TO BE INCLUDED IN THE DIRECTORY, YOU MUST SUBMIT YOUR INFORMATION THROUGH THE MARKETPLACE SECTION OF OUR WEBSITE AND AGREE TO THE TERMS OF OUR LISTING AGREEMENT [INSERT LINK TO LISTING AGREEMENT]
IF YOU WISH TO PURCHASE ADVERTISING SPACE (OTHER THAN IN OUR DIRECTORY) PLEASE CONTACT US AT [email protected]. ANY SUCH ADVERTISING SPACE WILL BE SUBJECT TO THE TERMS OF ANY AGREEMENT THAT YOU MAY ENTER INTO WITH US AT THE TIME SUCH ADVERTISING SPACE IS PURCHASED.
XI. Linking to the Website and Social Media Features
This Website may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on our Website.
· Send emails or other communications with certain content, or links to certain content, on this Website
· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
While we encourage you to share our Website and its content with others, any such linking or sharing of our Website must be done in a way that is legal and in compliance with these Terms, especially those terms in Section V (Intellectual Property Rights), and with the terms of any applicable social media platform. Your linking to our Website must not suggest, in any way, an association with, or approval or endorsement of you or your social media or website by us without our express written consent.
You agree to cooperate with us in causing any linking in violation of these Terms to stop immediately. We reserve the right to withdraw or block linking permission at any time and without notice.
XII. Privacy
All information we collect on this Website is subject to our Privacy Policy http://www.wecare4.com/privacy/ . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
We are not responsible and have not reviewed the privacy policies of third-parties providing goods, services, or content to you through the Website. You should check their sites' privacy disclosures for details.
XIII. Copyright Infringement Notice
If you believe that your copyrighted material has been hosted, reproduced, posted or distributed on the Website in a manner which infringes on your intellectual property rights, you may send us a written notice that includes the identification of the copyrighted work, your name, email address or address, and telephone number, a statement as to why you believe that our use infringes your rights, and a signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send such notice to [email protected] or PO Box 200 Berkeley Heights, NJ 07922.
XIV. Indemnity; Disclaimer of Warranties; Limitation of Liability
a. Indemnification
You agree to indemnify, defend, and hold us harmless from any and all third-party claims, demands, costs, damages, or liabilities, including attorney’s fees, arising out of, or related, to your use of the Website or any services, products, or content contained therein, or your violation of these Terms of Use, or any intellectual property rights of others.
b. Disclaimer of Warranties.
THE WEBSITE AND ITS CONTENTS INCLUDING, BUT NOT LIMITED TO, ALL INFORMATION, LINKS, RECOMMENDATIONS, TRANSACTIONS, CONTENT, POSTS, COMMUNICATIONS, SERVICES AND PRODUCTS, AND THIRD-PARTY CONTENT, LINKS, TRANSACTIONS, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN COMMUNICATION OR INFORMATION FROM US OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED THROUGH THE SITE OR OTHERWISE PROVIDED BY OR ON BEHALF OF US. WE ARE NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT, OR CONTENT OF THIRD-PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD-PARTIES.
c. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CJ STAR ENTERPRISES, LLC OR ITS PARENTS, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATED TO THE SITE AND/OR SERVICES, PRODUCTS, OR CONTENT OFFERED THEREIN, OR OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITE, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITE AND/OR SERVICES, PRODUCTS, OR CONTENT WHETHER IN TORT, STRICT LIABILITY, NEGLIGENCE, CONTRACT, OR WARRANTY BY CJ STAR ENTERPRISES, LLC OR ANY ASSOCIATED PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
XV. Legal
a. Governing Laws; Jurisdiction
These Terms of Use and your use of the Website are governed by and construed in accordance with the laws of New Jersey without regard to conflict of law principles. All claims and actions related to or arising out these Terms of Use or your use of the Website shall be brought in the appropriate state or federal court located in New Jersey and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action not otherwise arbitrated.
b. Severability and Waiver
If any Section or clause within these Terms of Use is found to be invalid, illegal, or unenforceable by a court or other binding authority, that Section or clause will be severed from these Terms of Use, without effect on any other provision. In such event, these Terms of Use shall continue in full force and effect and be construed and enforced as if such Section or clause had not been included.
Our failure or delay to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.
c. Arbitration Agreement
To the extent permitted by law, you and we agree that all disputes, claims, or controversies arising out of or related to your use of the Website, its content, services, products and/or these Terms of Use will be settled through final and binding arbitration conducted by a single arbitrator under the American Arbitration Associations Consumer Arbitration Rules which proceedings will take place in Morris County, New Jersey.
If you have a dispute or claim with us, you must notify us of such claim or dispute, in writing, at PO Box 200, Berkeley Heights, NJ 07922 or at [email protected]. You and we agree to take efforts to negotiate a good faith resolution to such dispute or claim within sixty (60) days after notice is received. If a resolution to the dispute or claim has not been reach within the 60 days, either party may pursue such action in arbitration. Any arbitration award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
d. Class Action Waiver
YOU AND WE AGREE THAT, FOR ANY DISPUTES WHICH MAY ARISE BETWEEN YOU AND US, OR ANY OTHER USER, SUCH SUIT OR CLAIM MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. NO ARBITRATOR, AS REQUIRED UNDER THESE TERMS, MAY CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, NOR PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING UNLESS SPECIFICALLY AGREED UPON, IN WRITING, BY YOU AND US. FURTHER, THE ARBITRATOR MAY ONLY AWARD RELIEF, OF NATURE, IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF WITHOUT AFFECT TO OTHER SITE USERS. IF A COURT OF COMPETENT JURISDICTION DECIDES THAT THIS “CLASS ACTION WAIVER” SUBSECTION IS NOT ENFORCEABLE OR IS INVALID, THEN THIS SUBSECTION SHALL CEASE TO HAVE EFFECT, WITHOUT EFFECT TO REMAINING SECTIONS AND SUBSECTIONS OF THE TERMS OF USE.
QUESTION OR COMMENTS?
Connect with us at [email protected].