Terms of Service
Terms of Service:
The following terms and conditions govern all use of the Association of New Jersey Chiropractors website, social media applications, accounts, and forums, and all content, at or through the website, including, but not limited to, ANJC Facebook Forum hostingservice (“Hosting Service”), (taken together, the “Website & Applications”). The Website & Applications is owned and operated by the Association of New Jersey Chiropractors, Inc., a
New Jersey Non-Profit 501(c.)(6) corporation (“ANJC”). The Website & Applications areoffered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by ANJC (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website &
Applications. By accessing or using any part of the Website & Applications, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website & Applications or use any services. If these terms and conditions are considered an offer by ANJC, acceptance is expressly limited to these terms. The Website & Applications are available only to individuals who are at least 18 years old and members in good standing
of the ANJC. By accepting these terms and conditions and accessing the website and/or Applications, the user certifies that he or she is age 18 or older and an ANJC member in good standing.
- Your Posting to Applications. If you post on the Website & Applications, you are fully responsible for all activities that occur due to the postings and any other actions taken in connection with the postings. You must not post any material in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and ANJC may change or remove any posting that it considers inappropriate or unlawful, or otherwise likely to cause ANJC liability at ANJC’s sole discretion. By accepting these terms and conditions and accessing the Website and/or Applications, you expressly grant ANJC the right to change or remove any posting and agree to release hold ANJC harmless from any liability arising therefrom. You must immediately notify ANJC of any unauthorized uses of your account or any other breaches of security in writing via electronic mail or written communication. ANJC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions and, by accepting these terms and conditions, You agree to release hold ANJC harmless from any liability arising therefrom.
- Responsibility of Contributors. If you comment, post material to the Website & Applications, post links on the Website & Applications, or otherwise make (or allow any third party to make) material available by means of the Website & Applications (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the uploading, downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your posting is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other tours and web sites, and similar unsolicited
promotional methods; - your posting is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your tour’s URL or name is not the
name of a person other than yourself or company other than your own; and
- Responsibility of Contributors. If you comment, post material to the Website & Applications, post links on the Website & Applications, or otherwise make (or allow any third party to make) material available by means of the Website & Applications (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to ANJC for inclusion on its Website & Applications, you grant ANJC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your posting. If you delete Content, ANJC will use reasonable efforts to remove it from
the Website & Applications, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, ANJC has the right (though not the obligation) to, in ANJC’s sole discretion (i) refuse or remove any content that, in
ANJC’s reasonable opinion, violates any ANJC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website & Applications to any individual or entity for any reason, in ANJC’s sole discretion and, by accepting these terms and conditions, You agree to release hold ANJC harmless from any liability arising therefrom.
3. Responsibility of Website & Applications Visitors. ANJC has not reviewed, and cannot review, all of the material posted to the Website & Applications, and cannot therefore be
responsible for that material’s content, use or effects. By operating the Website & Applications, ANJC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website & Applications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website & Applications may also contain material that
violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ANJC disclaims any responsibility for any harm resulting from the use by visitors of the Website & Applications, or from any downloading by those visitors of content there posted and, by accepting these terms and conditions, You agree to release hold ANJC harmless from any liability arising therefrom. ANJC, however, will investigate any “flagged” posting within two business days.
4. Content Posted on Other Website & Applications. We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which ANJC links, and that link to ANJC. ANJC does not have any control over those non-ANJC websites and webpages, and is not responsible for their contents or their use. By linking to a non-ANJC website or webpage, ANJC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and
other harmful or destructive content. ANJC disclaims any responsibility for any harm resulting from your use of non-ANJC websites and webpages and, by accepting these terms and conditions, You agree to release hold ANJC harmless from any liability arising therefrom.
5. Copyright Infringement and ANJC Policy. As ANJC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ANJC violates your copyright, you are encouraged to notify ANJC. ANJC will respond to all such written or electronic notices within ten (10) business days, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ANJC will terminate a visitor’s access to and use of the Website & Applications if, under appropriate circumstances, and at ANJC’s
sole discretion, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ANJC or others. In the case of such termination, ANJC will have no obligation to provide a refund of any amounts previously paid to ANJC.
6. Intellectual Property. This Agreement does not transfer from ANJC to you any ANJC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ANJC. ANJC, the ANJC logo, and all other
trademarks, service marks, graphics and logos used in connection with ANJC, or the Website & Applications are trademarks or registered trademarks of ANJC or ANJC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website & Applications may be the trademarks of other third parties. Your use of the Website & Applications grants you no right or license to reproduce or otherwise use any ANJC or third-party trademarks.
7. Advertisements. ANJC reserves the right to display advertisements on its Website and Applications.
8. Attribution. ANJC reserves the right to display attribution links such as theme author, and font attribution in your tour footer or toolbar.
9. Changes. ANJC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website & Applications following the posting of any changes to this Agreement constitutes acceptance of those changes. ANJC may also, in
the future, offer new services and/or features through the Website & Applications (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. ANJC may terminate your access to all or any part of the Website & Applications at any time, with or without cause, with or without notice, at ANJC’s sole discretion, effective immediately. If you wish to terminate this Agreement or your ANJC account (if you have one), you may simply discontinue using the Website & Applications.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. The Website & Applications is provided “as is”. ANJC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular
purpose and non-infringement. Neither ANJC nor its suppliers and licensors, makes any warranty that the Website & Applications will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website & Applications at your own discretion
and risk.
12. Limitation of Liability. In no event will ANJC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ANJC under this agreement during the twelve (12) month period prior to the cause of action. ANJC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) your use of the Website & Applications will be in strict accordance with the ANJC Bylaws and Policies, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website & Applications will not infringe or misappropriate the intellectual property rights of any third party and, by
accepting these terms and conditions, You agree to release hold ANJC harmless from any liability arising therefrom.
14. Indemnification. You agree to indemnify and hold harmless ANJC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website & Applications, including but not limited to your violation of this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between ANJC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ANJC, or by the posting by ANJC of a revised version. Except to the extent applicable law, if any, provides otherwise, this
Agreement, any access to or use of the Website & Applications will be governed by the laws of the state of New Jersey, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Somerset County, New Jersey. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the American Arbitration Association pursuant to its commercial arbitration rules on an expedited basis. (“AAA”) The arbitration shall take place in New Jersey, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to,
and agrees to be bound by, its terms and conditions; ANJC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.