By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand this Agreement, and that you agree to it and intend to be legally bound by it. If you do not agree to this Agreement, or if you are accessing this Site from outside the United States, you are not granted permission to use this Site and should exit immediately. In addition, when using specific services or features, you agree to abide by any guidelines or rules posted in connection with such services or features, all of which are hereby incorporated by reference into this Agreement. If you do not agree with any posted guidelines or rules, or with any of this Agreement, you must not use the Site
1. Registration. To access certain areas or features of the Site, you may be asked to register and provide WHOJA with certain information about yourself. Should you choose to register on the Site, you hereby certify that you have the power and authority to enter into this Agreement and you are at least eighteen (18) years old. You are responsible for providing WHOJA with true and accurate information about yourself. If you provide any information that is untrue or inaccurate, or which WHOJA reasonably believes is untrue or inaccurate, WHOJA reserves the right to suspend or terminate your use of this Site.
The use of an account by any individual under age eighteen (18) without a legal guardian’s supervision is strictly prohibited. WHOJA reserves the right to deny creation of your account based on its inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You are fully responsible for all usage and activity on your WHOJA account, including, but not limited to, use of the account by any third party. You may terminate your account at any time by contacting us at [WhoJa email]. Notwithstanding anything else herein, WHOJA reserves the right to pursue any and all claims against any user of your account.
2. WHOJA reserves the right, in its sole discretion, to delete, take down, or refuse to post or otherwise make public any content submitted by you. Without limitation of the foregoing, WHOJA shall have the right to use and change the submitted content in any manner that WHOJA may determine. You acknowledge that WHOJA may or may not monitor or pre-screen content, but WHOJA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, or remove any content. WHOJA neither endorses the contents of any user communications or nor assumes responsibility for any material contained therein, any infringement of any intellectual property rights arising therefrom, or any crime facilitated thereby. WHOJA may delete or terminate, in its sole discretion, any and all information, communication(s), and/or submissions, at any time, without notice, for any reason, including, but not limited to, online conduct that it believes is harmful to other users, the business of WHOJA, its affiliates, or other third-party information providers, or for conduct that violates this Agreement or other policies or guidelines set out by WHOJA elsewhere on this Site.
3. Proprietary Rights. As between you and WHOJA, WHOJA owns or licenses all data, software, coding, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips and other material for the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected, without limitation, pursuant to United States copyright, trademark and other applicable laws. Removing or altering any copyright notice or any other proprietary notice on any Site Material is strictly prohibited. You agree not to sell, reverse-engineer, license, rent, modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works from such Site Material or content, or otherwise use the Site Material in any way for any public or commercial purpose without the express approval from WHOJA. Any commercial use, reproduction, or distribution of the Site or Site Material without WHOJA’s prior written consent is prohibited. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to WHOJA and that in the event of such unauthorized use, WHOJA shall be entitled to an injunction in addition to any other remedies available at law or in equity. All names, trademarks, service marks, symbols, slogans or logos appearing on the Site are proprietary to WHOJA or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
4. Other Sites. The Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. These sites and any other sites operated or maintained by third-parties are operated or maintained by organizations over which WHOJA exercises no control, and WHOJA expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third-party sites. Any concerns regarding any external location should be directed to its respective website administrator, system operator, or web master.
5. Site Material. You may not frame, capture, harvest, collect, or create hypertext or other links or connections to any part of the Site or Site Materials without WHOJA’s prior written consent. While WHOJA endeavors to keep the Site Material and other content on, in, and through this Site up-to-date, WHOJA is not responsible for any errors or omissions in the Site Material or content. WHOJA is not responsible for the accuracy or completeness of any information, text, graphics, forms, links, advertisements, or other items contained within the Site. WHOJA may make changes to the Site Material, the Site, or the products or services made available in connection with this Site at any time, with or without notice, and makes no commitment to update any of these items.
6. Privacy Statement. WHOJA has a Privacy Statement disclosing what information is collected about visitors, how such information is used, and the steps taken to secure such information. [Link to Privacy Statement] to view the Privacy Statement, which is incorporated into this Agreement by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to WHOJA via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name.
7. Disclaimer of Warranty and Limitation of Liability. THE SITE, AND THE SITE MATERIAL ON AND MADE AVAILABLE THROUGH THE SITE, AND THE SUBMISSIONS, SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE ON AN “AS IS” BASIS ONLY. USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. WHOJA MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE AND THE SITE MATERIAL ON AND MADE AVAILABLE THROUGH THE SITE, AND THE SUBMISSIONS, SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT. ANY AND ALL INFORMATION PROVIDED BY WHOJA OR UNDER OR IN CONNECTION WITH THIS SITE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
THE WHOJA PARTIES shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, but not limited to, lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site Material, or submitted content, products or services connected therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. IN ADDITION, under no circumstances will the total liability of WHOJA OR ANY WHOJA PARTY to you in connection with, based upon, or arising from this Site or your use of this Site exceed $100. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, WHOJA’s liability is limited to the greatest extent permitted by law.
8. Indemnification. You agree to defend, indemnify, and hold harmless WHOJA, its affiliates, agents, contractors, and any respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all suits, actions, claims, proceedings (whether judicial, regulatory, or administrative), damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including, but not limited to, attorneys’ fees and litigation expenses) relating to or arising from the Site, your use of the Site, your Submissions, your fraud, violation of law, or willful misconduct, and any breach by you of this Agreement.
9. Use of the Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Neither WHOJA nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
10. Changes; Termination. The terms and conditions of this Agreement may be changed at any time, with or without notice; your continued use of the Site after any change is made to this Agreement signifies your understanding of and intention and agreement to be bound by such change. It is your responsibility to monitor this Agreement for changes. WHOJA reserves the right to terminate your access to the Site in the event that you violate any terms and conditions in this Agreement or for any reason whatever or no reason, with or without notice.
11. Complaints. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to WHOJA at [WHOJA Email address] a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; and (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable.
12. General. This Agreement represents the entire agreement between you and WHOJA with respect to the subject matter hereof, supersedes any and all prior and contemporaneous written and oral representations, understandings, and agreements between us, and will be governed by and construed in accordance with the laws of the State of New Jersey without reference to its conflict of law rules. By accessing, viewing, or using the Site or the Site Material, you consent to the jurisdiction of the federal and state courts presiding in New Jersey, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. The Site is for use in the United States only. WHOJA makes no representation that this Site or the Site Material is appropriate or available for use in any location or territory, and access to this Site or the Site Material from locations or territories where it is illegal is prohibited.