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Internet Use Agreement
This agreement ("Agreement") sets forth the terms and
conditions that apply to use of websites brought to you by R.K.
Solutions, LLC ("RKS") by you, accessing such websites.
("User" or "You") RKS currently consists of
various web pages at or linked to the URLs (i) SchoolsOnInet.com,
(ii) YavnehAcademy.org (iii) TBA By using these Websites, (collectively
referred to as the "Website" or "Site", which
may expand or change from time to time) you agree, without limitation
or qualification, to be bound by, and to comply with, these Terms
of Use and any other posted guidelines or rules applicable to any
individual RKS Website. All such guidelines and rules are hereby
incorporated by reference into the Terms of Use.
TERMS OF USE
IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT
WITH YOUR PARENTS OR GUARDIANS AND ASK QUESTIONS ABOUT THINGS YOU
DO NOT UNDERSTAND. ONLY A PARENT OR GUARDIAN OF A PERSON UNDER 18
("A MINOR") CAN ACCEPT THIS AGREEMENT ON BEHALF OF A MINOR.
This Website is brought to you by RKS. Your use of this Site is
subject to all terms and policies posted on this Site ("Terms
of Use"). It is important to us that this Site provides a helpful
and reliable experience to all Users. To protect our rights and
yours, we have prepared this Terms of Use that apply to all Users
of this Site. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING
THIS SITE. If you have any questions concerning the Terms of Use,
please contact us by telephone, email or mail. Our telephone number
is: 201-599-9454. Our email address is: info@yavnehacademy.org. Our mailing
address is 240 Kinderkamack Road, Oradell, NJ 07649.
BY CLICKING THE "I AGREE" BUTTON OR BY SIMPLY USING OR
DOWNLOADING INFORMATION FROM THIS SITE YOU REPRESENT THAT YOU ARE
18 YEARS OF AGE OR OLDER, HAVE READ AND UNDERSTOOD THIS TERMS OF
USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY
PART OF THE TERMS OF USE GOVERNING THIS SITE, YOU SHOULD NOT USE
THIS SITE. BY CLICKING ON THE "I AGREE" BUTTON OR BY SIMPLY
USING OR DOWNLOADING INFORMATION FROM THIS SITE, YOU AGREE TO USE
OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND
REGULATIONS AND IN ACCORDANCE WITH THIS TERMS OF USE.
1. Changes in Terms and Conditions
The Terms of Use may be revised from time to time through an updated
posting, and therefore you should check the Terms of Use periodically.
RKS has the right to change or discontinue any aspect or feature
of the Website, including, but not limited to, hours of availability
and equipment needed for access or use, at any time. RKS has the
right to change or modify the terms and conditions applicable to
your use of the Website, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use at
any time. Such changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which may be given
by means including, but not limited to, posting on the Website,
or by electronic or conventional mail, or by any other means by
which you obtain notice thereof. Any use of the Website by You subsequent
to such notice shall be deemed to constitute acceptance by You of
such changes, modifications or additions.
2. Your Registration Obligations
In consideration of your use of the
Service, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by our registration form
(such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If You provide any information that
is untrue, inaccurate, not current or incomplete, or RKS has reasonable
grounds to believe that such information is untrue, inaccurate,
not current or incomplete, RKS has the right to suspend or terminate
your account without a refund to You and refuse any and all current
or future use of the Site (or any portion of the Services provided).
3. Responsibility for Minors
In cases where You have authorized
a Minor to use the Website, You recognize that You are fully responsible
for: (i) the online conduct of such Minor; (ii) controlling the
Minor's access to and use of the Website; and (iii) the consequences
of any misuse by the Minor.
4. Credit Card Use
In order to register with the Website, Users may be required to
provide credit card or other payment information to verify a User's
age and/or to pay for membership to some of our Sites. As a convenience
to you, RKS may keep credit card and other payment information securely
on file in the event You later purchase further services or products
through our site or through our affiliate sites. No payment will
be processed without your specific authorization.
Automatic membership renewals will be billed for the membership
amount at the end of the current membership period. The membership
period that you have agreed to at the time of your new membership
registration, which could be classified as "Monthly",
"Quarterly" or "Half Yearly". The billing amount
is based on the membership period. In these instances your credit
card will be billed approximately one month (30 days) prior to the
anniversary of your new membership registration. In these instances
your credit card information is saved in our database at the time
of registration and will be billed unless you cancel your membership
prior to the autorenewal date. Any questions regarding billing and
credit card use should be addressed to RKS.
5. RKS Privacy Policy
Registration Data and certain other information about you is subject
to our Privacy policy. RKS respects the privacy of its Users. While
we do our best to safeguard your information, please remember that
privacy over the Internet cannot be guaranteed. We will not sell
or rent your personal information to other companies. We also require
our affiliates to protect your personal information and they are
also prohibited from selling or renting your information or using
it for any purpose other than to service your account. In instances
where authorization is given by You or Your child's school, we may
provide your personal information to the police or other investigating
agencies to assist them in the investigation of any suspected violations
of law. We also have the right to share your name and contact information
with our attorneys in the event of serious violations of conduct
(as determined solely by RKS). For more information, see our Privacy
Policy, the terms of which are incorporated herein by reference.
6. User License
Users and other authorized users are granted, subject to this Terms
of Use and for a stated term, a personal, non-exclusive, non-assignable,
and non-transferable license to access and use this Site for personal
and non-commercial use only. Modifications of any materials on this
Site or use of the materials for any purpose other than as contemplated
in this Site is a breach of your agreement with us and constitutes
a violation of RKS' copyright and proprietary rights. You agree
not to reverse engineer, duplicate, publish, modify, or otherwise
distribute the materials on this Site unless specifically authorized
in writing by RKS to do so.
7. Lawful Use
Users shall use the Website for lawful purposes only. Users shall
not post or transmit through the Website any material which: (i)
violates or infringes in any way upon the rights of others; (ii)
is unlawful, threatening, abusive, defamatory, invasion of privacy
or publicity rights, vulgar, obscene, profane or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense,
(iv) gives rise to civil liability; (v) violates any law; or (vi)
contains advertising or any solicitation with respect to products
or services, unless RKS has expressly approved such material in
advance of its transmission. Any conduct by a User that in RKS'
discretion restricts, limits or inhibits any other User from using
or enjoying the Website is expressly prohibited. You further agree
not to obtain or attempt to obtain through this Site any materials
or information not intentionally made available to you through this
Site.
8. Service Terms
You are responsible for obtaining access to the Site and that access
may involve third party fees (such as Internet service provider
or air time charges). You are responsible to pay any service fees
associated with such access. In addition, you must provide, at Your
sole cost and expense, all equipment necessary to make such connection
to the Internet, including a computer and modem or other access
devices. Furthermore, You are responsible for obtaining any software
programs, including such software upgrades as necessary to view
and/or access the content of the Website.
9. User Account, Password and Security
You will receive a password and account designation upon completing
the Site's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You
agree
to (a) immediately notify RKS of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. RKS will
not be liable for any loss or damage arising from your failure to
comply with this Section 9.
10. User Conduct and Responsibilities
You understand that all information, data, text, software, music,
sound, photographs, graphics,
video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that
You, and not RKS, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via
the Site. RKS does not control the Content posted on the Site and,
as such, does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Site, you may be
exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will RKS be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise
made available via the Site.
You agree to not use the Site to:
a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, an RKS official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Site;
e. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation for
any commercial purpose with the exception of professional planning
of a class reunion (for which purpose, You must obtain written permission
from RKS);
h. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to
engage in real time exchanges;
j. interfere with or disrupt the Site or servers or networks connected
to the Site, or disobey any requirements, procedures, policies or
regulations of networks connected to the Site;
k. intentionally or unintentionally violate any applicable local,
state, national or international law;
l. "stalk" or otherwise harass another;
m. collect or store personal data about other users; or
n. Use Incognito names when registering or communicating on our
Site.
You acknowledge that RKS does not pre-screen Content, but that
RKS and its designees shall have the right (but not the obligation),
in their sole discretion, to refuse, to accept, or to remove any
Content that is available via the Site. Without limiting the foregoing,
RKS and its designees shall have the right to remove any Content
that violates the Term of Use or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by RKS
or submitted to RKS by its Users.
You acknowledge and agree that RKS may preserve Content and may
also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (i) comply with legal process; (ii) enforce the Terms
of Use; (iii) respond to claims that any Content violates the rights
of third-parties; or (iv) protect the rights, property, or personal
safety of RKS, its users and the public. You understand that the
technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Misuse or abuse of the Website will
result in the immediate termination of membership.
RKS reserves the right to modify, suspend or terminate access to
the Site at any time without notice or refund, if RKS reasonably
believes that You are violating any of these Terms of Use. We also
reserve the right, on occasion, to require You to change your login
name and password. Payment for joining the Website is non-refundable.
Swearing, obscenities, and inappropriate behavior (as solely determined
by RKS) on bulletin or message boards, chat rooms, or otherwise
on the Site will not be tolerated, and your membership will be immediately
terminated if we determine that You have participated in such behavior
on the Site.
11. Abusive Conduct
Reporting abusive conduct: Please contact us at abuse@yavnehacademy.org
in the event you need to report abusive conduct. Although we have
no obligation to police the Site, we will try to remove Content
that is clearly inappropriate when it is brought to our attention.
12. Termination
The license granted in this Agreement shall terminate automatically
with or without notice from RKS if you fail to comply with any provision
of this Agreement. You agree that RKS, in its sole discretion, reserves
the right at any time, and from time to time, to modify or discontinue,
(temporarily or permanently), this Site or the Services or any part
thereof, with or without notice. You agree that RKS will not be
liable to you or any third party for any modification, suspension,
or discontinuation of this Site or Services or any part thereof.
You agree that any termination of your access to this Site or any
Services under any provision of this Terms of Use may be effected
with or without prior notice, and acknowledge and agree that RKS
may immediately deactivate or delete your user identification and
password and all related information and files under your user identification
and password and/or bar any further access to this Site of any Services.
Further, you agree that RKS will not be liable to you or any third
party for any termination of your access to this Site or any of
the Services.
In the event that you violate these Terms of Use, RKS has the right
to terminate your account without refund. In the event of a serious
violation (as solely determined by RKS) RKS may also file suit against
You for such legal remedies that may be available to us, and we
may recover such compensation from You as is permissible by law.
If RKS is the prevailing party in any judicial action against You,
or instituted by You, You agree to pay to RKS its reasonable attorney's
fees and court costs incurred in such action.
13. Content Rights
The entire content of this Site and any supporting software are
the proprietary property of RKS and/or its licensors, and are protected
by U.S. and international copyright and other intellectual property
laws. Do not copy content from our Site without our permission.
None of the content found on this Site may be copied, reproduced,
republished, distributed, sold, licensed, transferred, distributed
or modified without the express written permission of RKS. You agree
not to display, disparage, dilute, or taint our trademarks or use
any confusing similar marks or use our trademarks in such a way
that would misrepresent the ownership of such marks. In the event
of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark
legend, copyright or other proprietary notice shall be made. Users
acknowledge that he/she does not acquire any ownership rights by
downloading copyrighted material. Any permitted use of our trademarks
by you shall be to the benefit of RKS. Unauthorized use of the site
would be a violation of RKS' and its licensors' rights. In addition,
the trademarks, logos and service marks displayed on this site (collectively,
the "Trademarks") are the property of RKS, its affiliates,
and various third parties. The site and the software incorporate
in the site may not be reverse engineered, de-compiled or disassembled.
14. Links to Other Sites
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because RKS has no control
over such sites and resources, you acknowledge and agree that RKS
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge
and agree that RKS shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
15. Dealing With Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree
that RKS shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
16. No Resale Of Services
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purpose, any portion of the Service, use of the
Service, or access to the Service.
17. Postings
No responsibility or liability: A portion of the Website's content
is supplied by third parties. To the extent that portions of the
Website (such as "chat rooms" or "bulletin boards")
provide Users an opportunity to post and exchange information, ideas
and opinions ("Postings"), be advised that RKS does not
screen, edit, or review postings prior to their appearance on the
Website, and Postings do not necessarily reflect the views of RKS.
Any opinions, advice, statements, services, offers, or other information
or content expressed or made available by third parties, including
information providers, are those of the respective author(s) or
distributor(s) and not of RKS. Neither RKS nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness
of any content, nor its merchantability or fitness for any particular
purpose. To the fullest extent permitted by applicable law, RKS
shall in no event have any responsibility or liability for the Postings
or for any claims, damages, or losses resulting from their use and/or
appearance on the Website.
Monitoring: RKS reserves the right to monitor all Postings and
to remove any which it considers in its absolute discretion to be
offensive or otherwise in breach of these terms and conditions or
those whose removal is requested and/or authorized by You or Your
child's school.
Warrant that you have all necessary rights: You hereby represent
and warrant that you have all necessary rights in and to all Postings
you provide and all material they contain; that your Postings shall
not infringe any proprietary or other rights of third parties; that
your Postings shall not contain any viruses or other contaminating
or destructive devices or features; that your Postings shall not
contain any defamatory, indecent, offensive, tortious, or otherwise
unlawful material or content; and that your Postings shall not be
used to carry out or solicit any unlawful activity and/or be used
to make commercial solicitations.
18. Personal Information and Submissions
By submitting your personal and related information to us, You are
thereby granting to RKS a royalty-free, worldwide, non-terminable,
exclusive license to use this information and your exact words (and
excerpts and edited versions of your submissions) in all media now
known or hereinafter developed, and in promotions, and to sublicense
and transfer this right to third parties, and you waive all claims
against RKS for any violations of copyright, rights of privacy,
publicity, and defamation or other personal torts arising from RKS'
use of the information in such media. No payments shall be due to
you for such grant of rights, and you may or may not receive credit
as the author of such works in any use of them.
19. General Practices Regarding Use
and Storage
You acknowledge that RKS may establish general practices and limits
concerning use of the Site, including without limitation the maximum
number of days that email messages, message board postings or other
uploaded Content will be retained by the Site, the maximum number
of email messages that may be sent from or received by an account
on the Site; the maximum size of any email message that may be sent
from or received by an account on the Site, and the maximum disk
space that will be allotted on RKS' servers on your behalf. You
agree that RKS has no responsibility or liability for the deletion
or failure to store any messages and other communications or other
Content maintained or transmitted to the Site. You further acknowledge
that RKS reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without notice.
20. Disclaimers of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE WEBSITE IS AT
YOUR OWN RISK AND YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
RKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.RKS MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM RKS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS OF USE.
e.RKS, ITS MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES
ARE NOT EDUCATIONAL EXPERTS NOR DO THEY HOLD THEMSELVES OUT TO BE
AS SUCH. USE OF THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY, AND
RKS IS NOT LIABLE FOR THE POSTING, OR FAILURE TO POST, OF ANY INFORMATION
ON THIS SITE. ANY QUESTIONS AND/OR CONCERNS REGARDING ANY ASPECT
OF YOUR CHILD'S EDUCATION SHOULD BE DIRECTED TO YOUR CHILD'S SCHOOL
AND/OR TEACHERS AND NOT TO RKS.
21. Limitations of Liability and Remedies
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RKS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR INTANGIBLE LOSSES (EVEN IF RKS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR USE
OR THE INABILITY TO USE THE SERVICE OR THIS SITE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES
OR THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR
THIS SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER RKS, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN THE SITE.
IN FURTHER ADDITION TO THE TERMS SET FORTH ABOVE, YOUR SOLE AND
EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY RKS OR THE
WEBSITE SHALL BE A REFUND OF THE FEES PAID FOR MEMBERSHIP. RKS IS
NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY WITH RESPECT TO,
THE CONTENT OF THIRD PARTY WEB SITES THAT ARE LINKED TO OR FROM
THE SITE. NEITHER RKS OR THE WEBSITE IS RESPONSIBLE FOR THE USER
GENERATED CONTENT ON THE SITE.
22. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
20 AND 21 MAY NOT APPLY TO YOU.
23. User Warranties and Indemnification:
You warrant and represent that (i) You shall abide by all the terms
and conditions of this agreement; (ii) You are of sufficient legal
age to use this site and to create binding legal obligations for
any liability you may incur as a result of the use of this site;
(iii) You will not take any action which would derogate RKS' or
its licensors' rights in and to their intellectual property or content;
(iv) You will not infringe on the copyrights of any third party;
(v) You will not violate any laws in your use or postings of information
on the site; and (vi) You will not interfere in the business of
RKS by posting information that violates the rules outlined above
or by attempting to divert traffic from the Site. You shall indemnify
and hold harmless, and at RKS' request defend, RKS, its users, managers,
officers, employees, agents, and affiliates (each, an "indemnified
party") from and against any and all claims, proceedings, damages,
injuries, liabilities, losses, costs and expenses (including reasonable
attorney's fees, and other legal costs) arising out of any claim
of any third party resulting from any breach of your representations,
warranties or covenants set forth in this agreement. You agree to
reimburse each Indemnified party on demand for any costs, expenses
and liabilities incurred by such Indemnified party to which this
indemnity relates, including reasonable attorney's fees and court
costs incurred in enforcing this indemnification.
24. Entire Agreement
This Agreement constitutes the entire agreement between you and
RKS, governs your use of our Services, and supercedes any prior
agreements between you and RKS concerning this Site. You also may
be subject to additions terms and conditions that may apply when
you use affiliated services, third-party content or third-party
software.
25. Controlling Law:
This Agreement shall be construed in accordance with the laws of
the State of New Jersey, United States of America, applicable to
contracts negotiated and fully performed within that State, and
the parties agree to submit to the exclusive jurisdiction of the
courts of the State of New Jersey in any action brought to enforce
or arising out of this Agreement. Notwithstanding the foregoing,
RKS in RKS' sole discretion, shall have the right to commence and
prosecute any legal or equitable action or proceeding before any
United States or non-United States court of competent jurisdiction
to obtain injunctive or other relief available to it.
26. Miscellaneous Terms:
No Partnership/Assignment: Our relationship is not one of agency
or partnership and You are not and will not be deemed to be, a partner,
employee, fiduciary, agent or representative of The Website or RKS
by your use of the Site. You may not assign or transfer your rights
to any third party.
Severability: These terms are severable. In the event that any provision
is determined to be unenforceable or invalid, such provision shall
nonetheless be enforced to the fullest extent permitted by applicable
law, and such determination shall not affect the validity and enforceability
of any other remaining provisions.
No Waiver: Failure to enforce a term of this Agreement shall not
be deemed a subsequent waiver of that term or other terms.
Headings of No Effect: The headings in this Agreement are used for
convenience only and shall not be given any legal importance whatsoever.
Time for Filing Claims: You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of this Site or this Terms of Use must be filed
within ONE (1) YEAR after such claim or cause of action arose or
be forever barred.
Violations: Please report any violations of the Terms of Use to
us at the mailing or email address or telephone number provided
to you above.
Execution and Effectiveness: This Agreement becomes effective by
internet online acceptance or by simply using or downloading information
from this Site. |