Terms of Use and Privacy Policy

TERMS OF USE

*IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY. *

*Access To This Site*

You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our /Company/ believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

*Restrictions On Use*

This site is provided solely for non-commercial, personal use, and/or so that you may learn about our /Company/ and the services we provide. You may not use this site for any other purpose, including any commercial purpose, without our /Company/’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of our /Company/. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or Content accessible within this site. You agree to cooperate with our /Company/ in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

*PROPRIETARY INFORMATION*

*Trademarks*

The material and Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our /Company/ is the proprietary information of our /Company/ or the party that provided the Content to our /Company/, and our /Company/ or the party that provided the Content to our /Company/ retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our /Company/, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the site without the express written permission of our Company.

*Copyrights*

This site and its Content are protected by U.S. and/or foreign copyright laws, and belong to the /Company/ or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by the /Company/ or other copyright owners who have authorized their use on this site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the /Company/, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.

*Hyper-Links*

This site may be hyper-linked to other sites which are not maintained by, or related to, our /Company/. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by our /Company/ of that site. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our /Company/. Our /Company/ has not reviewed any or all of such sites and is not responsible for the content of those sites. Our /Company/ also makes no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user’s own risk, and our /Company/ makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. If you hyper-link to a site, please be aware that you will leave our Company’s web site and will become subject to the rules and conditions of the linked site(s). We recommend that you make yourself aware of the Terms of Use of any sites you link to from our Company’s site.

*Submissions*

You hereby grant to our /Company/ the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our /Company/ through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our /Company/will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company/operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity.

Our /Company/ will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

*Child Safety*

Protecting the online privacy of children is especially important to us, and those under the age of 13 are protected by federal law. For that reason, our /Company/ does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. Our /Company/ does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent.

If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.

*Downloading Material*

You understand that our /Company/ cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our /Company/ does not assume any responsibility or risk for your use of the Internet.

*Disclaimer*

THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

*Limitation On Liability*

*COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.*

*Indemnity*

You will indemnify and hold /Company/, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

*Information You Provide*

You may not post, send, submit, publish, or transmit in connection with this site any material that:

1. you do not have the right to post, including proprietary material of any third party;

2. advocates illegal activity or discusses an intent to commit an illegal act;

a. is vulgar, obscene, pornographic, or indecent;

b. does not pertain directly to this site;

c. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;

d. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

e. infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

f. violates any law or may be considered to violate any law;

g. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

h. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

i. solicits funds, advertisers or sponsors;

j. includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

k. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

l. includes MP3 format files;

m. amounts to a ‘pyramid’ or similar scheme;

n. disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or

o. contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, our /Company/ reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither /Company/ nor any third party that provides Content to /Company/ will assume or have any liability for any action or inaction by /Company/ or such third party with respect to any Submission.

*Security*

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). /Company/ will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that /Company/ considers insecure, /Company/ will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, /Company/ reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. /Company/ reserves the right to investigate suspected violations of these Terms of Use.

/Company/ reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing /Company/ to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

*BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.*

*Claims of Copyright Infringement*

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.

*Miscellaneous*

These Terms of Use will be governed and interpreted pursuant to the laws of New Jersey, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New Jersey in connection with any dispute between you and /Company/ arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and/or federal courts in Salem County, New Jersey. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. /Company/ may revise these Terms of Use at any time by updating this posting.

PRIVACY POLICY

Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet’s vast array of information, tools, and opportunities with complete confidence.

We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how our company collects information from all end users of our Internet services (the “Services”), including those who access some of our Services but do not have accounts (“Visitors”) and those who may purchase Products and/or pay a monthly service fee to subscribe to the Service (“Members”). This Policy also explains what we do with the information we collect, and the choices Visitors and Members have concerning the collection and use of such information. We request that you read this Privacy Policy carefully.

*Personal Information Our Company Collects and How It Is Used*

*Introduction*

Members may be asked to provide certain personal information when they sign up for our Products or Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process (or at any other time) is used primarily to provide a customized experience as you use our Products and Services. Your information will never be licensed or sold to any third party. However, we may make limited disclosure of personal information under the specific circumstances described in the “Disclosure” section below.

*Disclosure*

We may disclose Member and Visitor information to the following third parties, under the following circumstances:

*Companies who work on our behalf:*

We contract with other companies to perform business support functions on our behalf, which may involve limited access to your personal information. We require these companies to use the information only to provide the contracted services; they are prohibited from transferring the information to another party except as needed to provide those services. Some examples of these business support functions include order fulfillment, coupon fulfillment, award and rebate fulfillment's, customer survey execution and information systems management. We also may make aggregate non-personal information available to select service providers.

*Subsidiaries and joint ventures:*

A subsidiary or a joint venture is an organization in which we own at least a 50% interest. If our Company shares your information with a subsidiary or joint venture partner, our Company will require that they not transfer your information to another party for marketing purposes or use your information contrary to your expressed choices. If you have indicated that you do not want to receive any marketing information from our Company, we will not share your information with our subsidiary or joint venture partner for their marketing purposes.

*Co-branded and Partner Pages*:

Our Company may share information with partner companies who jointly present special offers or promotions on co-branded pages within our site. You will be notified of this sharing when you are asked to furnish personal data on such a page. The partner’s use of any information you submit will be governed by the partner’s own privacy notice, which you can review before submitting your information.

*Business Transfers:*

Our Company reserves the right to transfer your personal information in connection with the sale or transfer of all or a portion of our business or assets. If the business is sold or transferred, our Company will give you an opportunity to tell us not to transfer your personal information. In some cases, this may mean that the new organization will not be able to continue providing to you the services or products that our Company provided.

*Law Enforcement:* 

Our Company may disclose personal information to third parties without your consent for any of the following reasons: to comply with any law, regulation or court order, to cooperate with government investigations, to help prevent fraud or to enforce or protect the rights of our Company or its subsidiaries.

*With Your Consent:*

In all other cases, our Company will obtain your express consent before sharing your information with third parties. For example, our Company may conduct a joint offer or contest with a third party and you will be asked whether your personal information should be shared with that third party.

*Online Shopping*

If you order services or products directly from our Company we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order. If you complete an order for some other company(ies) that may be linked to our Site, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number. Our company has no control over the third parties’ use of any personal information you provide when placing such an order. Please exercise care when doing so. We recommend that you familiarize yourself with the Privacy and Terms of Use policies of any other company(ies) whose web sites you may access from our site.

*Online Advertisements*

Our company may display our online advertisements. In those cases we share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements or joint ventures. For instance, an advertiser or joint venture company tells us the audience they want to reach and provides us an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display or send the advertisement to the intended audience. Our company does not share personal information about its Visitors or Members with these advertisers or joint venture companies. Information about how to opt-out of online advertisements you may receive from our Company will be contained in the ads themselves.

*Responses to Email Inquiries*

When Visitors or Members send email inquiries to our company, the return email address is used to answer the email inquiry we receive. Our company does not use the return email address for any other purpose and does not share the return email address with any third party.

*Voluntary Customer Surveys*

We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of products and services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary. Information about how to opt-out of surveys will be contained in survey communications. We may take the information we receive from individuals responding to our customer surveys and combine (or aggregate) it with the responses of other customers we may have, to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.

*Automatic Collection of Information*

Cookies: Our Company may use “Cookies” to collect information. Cookies are small pieces of information stored by your browser on your computer’s hard drive, at a web site’s request. Our Company Cookies do not contain any personal information, but are used primarily as follows:

* to keep track of temporary information. For example, Cookies allow us to keep track of the pictures you upload and download;

* to register you in special programs. Cookies allow us to remember you when you login to the places on our site that require Membership;

* to remember your country and language preferences;

* to help us understand the size of our audience and traffic patterns;

* to collect and record information about what you viewed on our Web site and what you viewed in our e-mail;

* to manage and present site information and the pictures displayed on your computer, and

* to deliver information specific to your interests.

*Web Beacons:*

We may also place small “tracker gifs” or “beacons” on many of the pages on our website, in online advertising with third parties, and in our email. We use these beacons, in connection with Cookies, to collect non-personal data on the usage of our site including but not limited to the date and time of the visit, the pages visited, the referring web page, the type of browser (e.g., Internet Explorer, Edge, Firefox), the type of operating system (e.g., Windows, Linux, or Mac), and the domain name of the visitor’s Internet service provider (e.g., AOL). This information is collected about thousands of site visits and analyzed as a whole. This information is useful in, for example, tracking the performance of our online advertising such as online banner ads and to determine where to place future advertising on other web sites.

*Disabling Cookies and Beacons :*

If you are uncomfortable with the collection of such information through the use of Cookies and Beacons, we recommend disabling these features through your browser preferences, though please understand this will limit the performance and functionality of our Company’s Web site. Your browser documentation should provide specific procedures for disabling cookie and beacon support.

*Child Privacy*

Protecting the online privacy of children is especially important, and those under the age of 13 are protected by federal law. For that reason, our Company does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. Our Company does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent. If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information. Our Company encourages parents and guardians to spend time with their children online and to participate in their interactive activities and interests.

*Public Forums*

Some parts of our site may enable you to participate in public services such as discussion boards, chats, and live events. Please use discretion when posting personal information about yourself when using these services. Be aware that when you disclose personal information at these sites, such as your name, member name, email address, etc., the information may be collected and used by others to send unsolicited email. The services are open to the public, and what you post there can be seen by anyone and is not protected. We cannot control the comments that you may receive while you participate in these services. You may find other people’s comments to be offensive, harmful or inaccurate.

*Our Company’s Commitment to Data Security*

We implement a variety of administrative, managerial, and technical security measures to help protect your personal information. Our company has various internal control standards which relate specifically to the handling of personal information. These include certain controls to help safeguard the information we collect online. Our employees are trained to understand and comply with these controls and we communicate our Privacy Notice, practices and guidelines to our employees. However, while we strive to protect your personal information, you must also take steps to protect your information. We urge you to take every precaution to protect your personal information while you are on the Internet. Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.

*Where to Direct Questions About Our Privacy Policy*

If you have any questions about this Privacy Policy or the practices described herein, you may contact us through the contact information provided on this Web site. Revisions to This Policy Our Company reserves the right to revise, amend, or modify this policy, our Terms Of Use & Service agreement, and our other policies and agreements at any time and in any manner, by updating this posting.