WEBSITE TERMS AND CONDITIONS
1. Acceptance of Terms and Conditions
This page states the Terms and Conditions under which you may use this Website/App. THE WEBMASTER E ("We" or "Website/App") may update this posting and may modify these Terms and Conditions of Use at any time, at its discretion and without notice. YOUR USE OF THIS WEBSITE/APP IS SUBJECT TO THE TERMS AND CONDITIONS STIPULATED HEREIN. USAGE OF THIS WEBSITE/APP SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
2. Privacy
These Terms and Conditions include The Cover Network's Privacy Policy, which is incorporated herein by reference and therefore, also governs your visit to and use of this Website/App.
3. Terms and Conditions Can Change
We may update this posting and may modify these Terms and Conditions at any time, at our discretion and without notice. We may also, in our sole discretion, without any obligation and without any notice requirement, change, improve or correct the information, materials, and descriptions on this Website/App and suspend and/or deny access to this Website/App for scheduled or unscheduled maintenance, upgrades, improvements, or corrections. The information and materials on this Website/App may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and We do not undertake any obligation or responsibility to update or amend any such information. We may discontinue or change any product or service described in or offered on this Website/App at any time.
4. Ownership of Website/App and Content; Intellectual Property
All right, title, and interest in this Website/App and any information and content, including any software programs available on or through this Website/App (collectively, "Content"), are the exclusive property of THE WEBMASTER E or other third parties and are protected by copyright. The trademarks, logos, and service marks (collectively, "Marks") displayed on this Website/App are the property of THE WEBMASTER E and other parties. You are prohibited from using any Marks for any purpose without the written permission of THE WEBMASTER E or such third party that may own the Marks.
5. Use Limitations
This Website/App is intended for your personal, non-commercial use. You may print, copy, and download any Content or portion of this Website/App for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content, products, or services available or obtained from or through this Website/App, except for the purposes expressly provided herein. You may not sell or resell any of the products or services you purchase or otherwise receive from us.
Unauthorized use of this Website/App and/or any of our systems, including, but not limited to, unauthorized entry into THE WEBMASTER E's systems, misuse of passwords, or misuse of any Content, is strictly prohibited. You may not use this Website/App in any manner that could damage, disable, overburden, or impair this Website/App or any of our servers or interfere with any other party's use and enjoyment of this Website/App or any of our servers. You may not attempt to gain unauthorized access to this Website/App or any of our servers, computer systems, or networks connected to this Website/App or any of our servers through hacking, password mining, or any other means. You agree that you will not engage in any activities related to this Website/App that are contrary to applicable laws or regulations.
You are prohibited from transmitting any unlawful, threatening, abusive, libelous, defamatory, vulgar, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law. THE WEBMASTER E will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
6. Links To Other Sites
This Website/App contains links to third-party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by THE WEBMASTER E of any information contained in any third-party website. In no event shall We be responsible for the information contained on any third-party website or your use of or inability to use such website. Access to any third-party website linked to this Website/App is at your own risk. You should be aware that linked websites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Website/App. We are not responsible for such provisions and expressly disclaim any and all liability related to such provisions.
7. No Warranties
We do not warrant the quality, accuracy, or completeness of any claims, statements, or Content on this Website/App. Further, We make no representations about the suitability of any of the Content, products, or services available on this Website/App or any other website for any purpose. All Content is provided "as is" and “as available” without warranty or condition of any kind.
We do not warrant the Content, products, or services provided herein or your use of this Website/App generally, either expressly or impliedly, for any particular purpose and expressly disclaim any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Website/App. Although the information provided to you on this Website/App is obtained or compiled from sources We believe to be reliable, We cannot and do not guarantee the accuracy, validity, timeliness, or completeness of any information or data made available to you for any particular purpose. We attempt to be as accurate as possible when describing our products and services on the Website/App; however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, information, or other content available on the Website/App are accurate, complete, reliable, current, or error-free. You understand that THE WEBMASTER E does not operate or control the products, services, information, advice, or content offered by any third party that participates in this Website/App. Neither THE WEBMASTER E nor any of its affiliates, directors, officers, managers, members, or employees, nor any third-party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Website/App or resulting from the act or omission of any other party involved in making this Website/App, the data contained herein, or the products or services offered on this Website/App available to you, or from any other cause relating to your access to, inability to access, or use of this Website/App or Content, whether or not the circumstances giving rise to such cause may have been within the control of THE WEBMASTER E or of any vendor providing software or services.
8. Limitation of Liability
In no event will We or any related parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential, or incidental damages or any other damages of any kind, even if We or any other related party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses that may infect your equipment, failure of mechanical or electronic equipment or communication lines, or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes, or other labor problems, or any force majeure. THE WEBMASTER E cannot and does not guarantee continuous, uninterrupted, or secure access to this Website/App.
Any cause of action you may have with respect to your use of this Website/App must be commenced within one (1) year after the claim or cause of action arises.
In no event shall We be liable for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use of Content available on this Website/App.
9. Products and Services
The products and services available on the Website/App, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
10. User Generated Content: Submissions Including Articles, Comments, Reader Reviews, and Other Submissions
We do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Website/App, by e-mail, or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us (including, for example, and without limitation, that which you submit or post to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail) ("Submitted Materials") will be deemed not to be confidential or secret and may be used by us in any manner consistent with the Website/App's Privacy Policy. By submitting or sending Submitted Materials to us, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request.
You shall not upload to, or distribute or otherwise publish on to the Website/App any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You agree that you will not deliberately send repetitive messages, meaningless messages, or "spam." You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation, or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on to the Website/App any malware, viruses, spyware, or other malicious software or files. You shall not use automated means to upload to, or distribute or otherwise publish onto, the Website/App any content.
Use respectful language. Like any community, the online conversation flourishes only when our readers feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Website/App. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of submitted material.
You acknowledge that any Submitted Materials you make to the Website/App (i.e., user-generated content including but not limited to: articles, comments, forum messages, reviews, text, video, audio, and photographs, as well as computer code and applications) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by THE WEBMASTER E and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submitted Materials made to the Website/App may also be made available for republishing through other formats.
You grant THE WEBMASTER E a perpetual, nonexclusive, worldwide, royalty-free, sublicensable license to the Submitted Materials, which includes, without limitation, the right for THE WEBMASTER E, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies) in any form or media now known or hereinafter developed, including for promotional and/or commercial purposes, any Submitted Materials posted by you on or to the Website/App or any other website owned by THE WEBMASTER E, including any Submission posted on or to the Website/App through a third party.
You are solely responsible for the content of your Submitted Materials. However, while THE WEBMASTER E does not and cannot review every Submission and is not responsible for the content of these messages, THE WEBMASTER E reserves the right to delete, move, or edit the Submitted Materials that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms and Conditions, or otherwise unacceptable.
You agree to indemnify THE WEBMASTER E and its directors, officers, managers, employees, agents, and licensors harmless from any claims, damages, losses, or costs (including reasonable attorney’s fees) that arise out of any Letter to the Editor that you submit, including, without limitation, any material submitted or otherwise provided by you that infringes upon any copyright, trademark, or intellectual property right of any person, defames any person, or violates any person’s rights of publicity or privacy.
By providing Submitted Materials, you are consenting to its display and publication on THE WEBMASTER E and for related online and offline promotional uses.
11. Intellectual Property
THE WEBMASTER E respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the United States Copyright Office website located at https://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide THE WEBMASTER E's Copyright Agent the following information:
- Identify the copyrighted work that you claim has been infringed, or—if multiple works are covered by this Notice—you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing and provide a description of where the infringing work is located on this Website/App.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).
- I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to THE WEBMASTER E at:
While We consider all such notices seriously, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity is infringing. If you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
12. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions shall be in an appropriate state or federal court located in the City and County of Somerset, State of New Jersey.
Any cause of action you may have with respect to your use of this Website/App must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any failure by THE WEBMASTER E to enforce, or the delay by us to enforce, any right granted herein shall not be deemed a continuing waiver or a modification by us of any such right and THE WEBMASTER E may, within the time provided by applicable law, commence appropriate legal or equitable proceedings to enforce any or all rights granted herein, and any prior failure to enforce or delay in enforcement shall not constitute a defense.
13. Arbitration
By using this Website/App, you agree that: (1) any claim, dispute, or controversy you may have against THE WEBMASTER E arising out of, relating to, or connected in any way with these Terms and Conditions, this Website/App, or the purchase or sale of products or services through this Website/App, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and THE WEBMASTER E; (3) the arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or THE WEBMASTER E’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (5) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor THE WEBMASTER E shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, you may visit the AAA website at http://www.adr.org.
14. No Jury Trial
You unconditionally waive your right to a jury trial.
15. Construction
If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
16. Entire Agreement
These Terms and Conditions constitute the entire agreement between THE WEBMASTER E and you with respect to this Website/App, and it supersedes all prior or contemporaneous communications, agreements, and understandings between THE WEBMASTER E and you with respect to the subject matter hereof.
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