3. Intellectual Property RightsThe Website displays and utilizes various types of proprietary content and materials, including without limitation: (1) copyrightable materials, such as text, images, photographs, designs, graphics, video clips, audio clips, data, technology, software, graphical interfaces, the “look and feel” of the site, the selection, compilation, assembly and arrangement of site materials, and other copyrightable materials (including source code and object code); (2) trademarks, trade names, trade dress, logos, slogans and other trade identities and the domain names and URLs associated therewith, whether registered or unregistered (collectively, “Trademarks”) and (3) other types of proprietary materials (all of the foregoing, collectively and individually, “Content”).The Website and its features and functionality (including all Content as defined above), are owned by the Company, its licensors and certain other third parties. All right, title and interest in and to the Content is owned by the Company, its licensors or certain other third parties and is protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property, unfair competition and proprietary rights laws. This applies to Content, whether registered or unregistered, and regardless of whether a proprietary notice appears on such materials. You must not delete or alter any copyright, trademark or other proprietary rights notices from the Website or materials obtained via the Website.
9. Reliance on Website Content/Third Party Content The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. The Website may include or display proprietary and other content provided by users of the Website or other third parties, including, without limitation, designs, images, text, articles, comments, software, and other content and materials provided by third parties, including, without limitation, User-Generated Content (“Third Party Content”). The Company is not responsible for Third Party Content, its accuracy, availability, or completeness, or for any representations made by third parties on the Website in connection with Third Party Content. Any representations or opinions conveyed by others in connection with Third Party Content are solely the responsibility of those third parties and not of the Company. We are not responsible for, or liable to you or any third party for, such content or for the accuracy, availability or completeness of any Third Party Content, or for any violations of third party rights which may arise from the availability or display of Third Party Content.
11. Links from the Website To the extent the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.
12. DISCLAIMER OF WARRANTIESwe cannot and do not guarantee or warrant that files OR OTHER MATERIALS available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. LIMITATION OF LIABILITYIN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR ON OTHER WEBSITES, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Claims of Copyright InfringementWe respect the intellectual property rights of others. If you believe that any Content or materials on our website infringes upon any copyright you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at:
Attn: Copyright Agent A. Seemar Greenhouses LLC
18 Spring Avenue
Brick, NJ 08723
16. Miscellaneous Terms and Conditions
(a) Modification or Suspension of the Website. We reserve the right to modify, withdraw or amend this Website and any service, product or content provided on or through the Website, in our sole discretion, without notice.
(b) Site Location. The Website is operated from within the United States of America. We make no representation or warranty that the Website, or any content or other materials available on the Website, are appropriate or available for access or use in other locations. Those who access the Website from outside the United States of America do so on their own initiative and are responsible for compliance with local laws and regulations, if and to the extent such local laws and regulations are applicable.
(c) Assignment. Company may assign its rights and obligations under this Agreement, in whole or in part, to any party, at any time, without notice. Your rights and obligations under this Agreement may not be assigned to any third party, without the prior written consent of an authorized Company representative.
(d) No Waiver. If you do not comply with these terms, and we do not take action right away, we are not waiving our right to take action in the future.
(e) Applicable Law/Jurisdiction. This Agreement and any disputes arising out of it shall be governed by the laws of the State of New Jersey, USA, without giving effect to any principles of conflicts of law. Any legal action or proceeding related to this Agreement or relating to use of the Website shall be brought exclusively in the federal or state courts of Ocean County, New Jersey, USA, and you and we consent to personal jurisdiction in those courts.
(f) Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
(h) Acknowledgement/Reservation of Rights. You acknowledge that you have read and understood this Agreement, and that this Agreement has the same force and effect as a signed agreement. All rights not expressly granted herein are hereby reserved.
(i) Contact Information. If you have any questions about this Agreement or the Website you may contact us via e-mail at email@example.com, via phone at 732-678-8180, or via mail at:A. Seemar Greenhouses LLC 18 Spring Avenue Brick, NJ 08723