John Forkosh Associates ®
T e r m s   a n d   C o n d i t i o n s
o f   U s e

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE AND ANY OF ITS ASSOCIATED CONTENT AND SERVICES.

Acceptance of Terms and Conditions

John Forkosh Associates, Inc. ("JFA") makes available for your use on this Web site (the "SITE") information and services subject to the terms and conditions set forth in this agreement (the "AGREEMENT"). By accessing, using or browsing this SITE you (the "USER") are deemed to have read, understood and agreed to each of the terms, conditions, and notices set forth in this AGREEMENT. In addition, when using any particular content or services on this SITE, USER shall also be subject to and deemed to have read, understood and agreed to any posted guidelines or rules applicable to such content and services that may contain terms and conditions in addition to the terms, conditions and notices set forth in this AGREEMENT. All such guidelines or rules are hereby incorporated by reference into this AGREEMENT; provided, however, that in the event of a conflict between any other terms and conditions and the terms and conditions of this AGREEMENT, the terms and conditions of this AGREEMENT shall control.

This AGREEMENT constitutes the entire agreement between USER and JFA with respect to the use of this SITE and it supersedes all prior and contemporaneous agreements or arrangements between JFA and USER. A printed version of this AGREEMENT and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this AGREEMENT to the same extent and subject to the same conditions as other business documents and records.

USER’s Representations and Warranties

USER represents and warrants that he or she is at least 18 years of age and possesses the legal right and ability to enter into this AGREEMENT and to use this SITE in accordance with all terms and conditions set forth in this AGREEMENT. USER agrees to be financially responsible for all use of this SITE (as well as for use of USER's account by others). USER agrees not to assign, transfer or sublicense USER's rights under this AGREEMENT. USER may not allow other members of USER's household or business to use this SITE under USER's name or account. USER shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this SITE while USER's password is used.

Modification Of Terms And Conditions

USER’s use of this SITE is subject to the most current version of this AGREEMENT. JFA reserves the right to change the terms and conditions of this AGREEMENT at any time by revising the terms and conditions herein. USER is responsible for regularly reviewing these terms and conditions. Continued use of this SITE following any such changes shall constitute the User's acceptance of such changes.

Modification of SITE

JFA may, at any time, in its sole discretion, revise, modify, or alter this SITE without notice to USER.

Use of SITE

Except as otherwise indicated elsewhere on this SITE, USER may view, download and print the information available on this SITE subject to the following terms and conditions:

  1. USER may use all information, documents, photos, video, text, graphics, sounds and images, and other material on this SITE (collectively, the "CONTENT") and services solely for personal, informational, internal, non-commercial purposes.
  2. USER may not modify or alter the CONTENT in any way.
  3. USER may not distribute the CONTENT in any manner.
  4. USER may not remove any copyright or other proprietary notices contained on this SITE or in the CONTENT.
  5. JFA reserves the right to immediately revoke USER’s authorization to use this SITE or to view, download or print any CONTENT or use any services.
  6. USER’s rights constitute a limited license and not a transfer of title.
  7. USER may not upload to, or distribute or otherwise publish, through this SITE any USER content, information, or other material that (a) violates or infringes the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, servicemarks, trade secrets, and other proprietary rights; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, Trojan horses or other harmful properties.

The USER’s rights set forth in this AGREEMENT do not apply to the design or layout of the SITE. The design and layout of the SITE may be protected by trade dress, copyright and other laws and USER may not copy or reproduce such design or layout in whole or in part.

Copyright And Trademark

All CONTENT and services on this SITE are protected by copyright and/or other intellectual and proprietary laws and any unauthorized use of any of the foregoing may violate such laws. USER is not granted any right or license, either express or implied, in any copyright, trademark, servicemark, patent, right of publicity or other intellectual or proprietary right of JFA, or any of the goodwill associated with any of the foregoing. The trademarks, servicemarks and logos (collectively, the "MARKS") displayed on this SITE are the sole and exclusive property of JFA or third parties. USER is not permitted to use the MARKS without the prior written permission of JFA or such third party. John Forkosh logos and designs are trademarks or servicemarks of John Forkosh Associates, Inc.

USER may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or lease any CONTENT or services obtained from this SITE.

Links To Third Parties' Web Sites

This SITE may contain links to Internet sites maintained by third parties. JFA does not operate or control in any respect any information, products or services on such third-party sites. Links to third party Internet sites are included on this SITE solely for the USER’s convenience and do not constitute any endorsement by JFA of the third party Internet sites. USER assumes sole responsibility for use of third party links and pointers.

Use and Protection of Password and ID

USER is solely responsible for the use, protection and confidentiality of your password and account ID, if applicable. USER is solely responsible for all uses of User’s password and account ID, whether or not such use is or was actually or expressly authorized by USER.

Warranty Disclaimer; Liability Disclaimer

EXCEPT AS MAY BE EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN USER AND JFA, ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS-IS" BASIS. THE CONTENT PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. JFA DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. JFA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. JFA’S TOTAL LIABILITY TO USER FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY USER TO JFA FOR THE ONE MONTH PERIOD PRIOR TO JFA’S ACT GIVING RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JFA, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF JFA HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO USER.

Indemnity

USER agrees to indemnify JFA, its parent, subsidiaries, affiliates, and their respective officers, directors, employees and agents from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from USER's use of this SITE, including without limitation claims arising out of content submitted to this SITE by USER, USER’s violation of a third party’s rights, or any claims alleging facts that if true would constitute a breach by USER of the terms and conditions of this AGREEMENT.

Use Of Personal Information

The name, address and payment information (if applicable) that the USER provides to JFA through this SITE, together with information regarding the manner in which the USER uses this SITE, will not be processed or disclosed by JFA except as permitted by the terms and conditions of this AGREEMENT. USER agrees that JFA may share with other parties both aggregate information, individual information, and locator information gathered by JFA in the course of the USER's continuing individual use of this Web site. "Aggregate information" is information that describes a USER’s habits, usage patterns and/or demographics as a group but does not describe or reveal the identity of any particular USER. "Individual information" is information about a USER that is presented in a form distinguishable from information relating to other users but not in a form that personally identifies the USER or enables the recipient to communicate directly with a USER. "Locator information" consists of a USER's name, e-mail address, physical address and/or other data about the USER that enables the recipient to personally identify the USER. Any USER who does not wish to receive any communications from JFA on behalf of its suppliers, or directly from JFA or its affiliates, may so notify JFA at the address listed below. (Note that a USER’s election not to receive such information will not affect the USER's receipt of communications that were processed prior to the USER's election.) USERS may contact JFA to determine whether such information has been accurately recorded and, if not, to request correction of any inaccuracies in the information recorded by JFA.

Governing Law and Jurisdiction

This AGREEMENT is governed by the laws of the State of New Jersey, U.S.A. without regard to the conflicts of laws principles thereof. USER consents to the exclusive jurisdiction and venue of the state and federal courts in Hudson County, New Jersey, U.S.A. in all disputes arising out of or relating to the use of this SITE. Use of this SITE is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, excepting limitations in the Liability Disclaimer, including without limitation this paragraph, and JFA makes no representation that the CONTENT or services available on this SITE are appropriate, lawful or available for use in other jurisdictions.

USER acknowledges that no joint venture, partnership, employment, or agency relationship exists between the USER and JFA as a result of this AGREEMENT or use of this Web site. USER agrees not to hold himself or herself out as a representative, agent, or employee of JFA, and JFA shall not be liable for any representation, act or omission of the USER.

JFA reserves to itself any rights not expressly granted herein.


Copyright © 1994-2010, John Forkosh Associates, Inc.
email: john@forkosh.com
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