Date Revised and Posted: February 18, 2002
We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. Unless otherwise specified, such changes shall be effective upon posting. You have the obligation to review changes in this Agreement. You agree that your continued use of the Site after the posting of any revised Agreement constitutes your agreement to be bound by such revised Agreement
Your Access to the Site
Certain portions of the Site are available only to registered users. Registered users of the secure portions of the Site (the "Registered Users") will be assigned a user identification ("User ID") and a password (your "Password"). If you are a Registered User, you are solely responsible for all activity occurring through the use of your Password and for keeping your User ID and Password confidential. You are also responsible for all Site activity by others to whom you have voluntarily disclosed your password. You agree to notify us immediately of the actual or suspected unauthorized use, unauthorized disclosure, or theft of your Password. Users who are not Registered Users are not permitted to access the password-protected areas of the Site and are prohibited from attempting to do so.
CARRIER grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable right to access, use and display this Site and the information contained therein on any computers or other electronic display device of which you are a user, subject to all terms and conditions of this Agreement. The Site and the information contained therein are for your internal uses only and you may not sell, copy (except for a singular copy for personal use), license or otherwise distribute the Site or the any of the information available therein. No other use of the Site and the information contained thereupon is authorized. In consideration of this authorization, you agree that any copy, download or dissemination of these materials will retain all copyrights, trademarks, and other proprietary notices in the same form and manner as on the original.
Monitoring of the Site
We have no obligation to monitor the Site. However, you acknowledge and agree that we have the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site and properly, or to protect itself or other users of the Site.
Notice of Trademark Rights, Copyright and Rights in Proprietary Materials
The trademarks, service marks and logos of CARRIER are marks of CARRIER and any third party trademarks, service marks, logos and trade names appearing on the Site are the property of their respective owners. You acknowledge the rights of CARRIER and the respective third parties in those marks and, further, that you have no right or authorization to copy or use any of those trademarks, service marks, logos, or trade names in any way except as expressly granted by this Agreement. In addition, the Site contains material protected by copyrights, patents, or other proprietary rights and laws, including, but not limited to, text, software, photos, videos, graphics, images music and sound (collectively referred to herein as the "Proprietary Material") and such material is owned by CARRIER, or its licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of CARRIER and/or the relevant rightholder.
In the event that you believe, in good faith, that any materials on the Site infringes your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (a portion of the "Digital Millenium Copyright Act") to CARRIER' designated agent, as set forth below:
Copyright Agent: Craig Eisenberg
Attn: Chief Financial Officer
Phone: 908-965-0100 Ext# 205
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND ALL OF THE CONTENTS THEREIN ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. CARRIER DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, (COLLECTIVELY "WARRANTIES"), REGARDING THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES: (I) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; (II) ARISING FROM ANY COURSE OF DEALING, COURSE OF USAGE OR COURSE OF PERFORMANCE; (III) THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM CARRIER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (IV) OF TIMELINESS, ACCURACY, RELIABILITY OR CONTENT OF THIS SITE AND ANY INFORMATION PROVIDED THROUGH IT UNDER THIS AGREEMENT.
CARRIER DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF LINKS PROVIDED ON OR TO THIS SITE. CARRIER IS NOT IN ANY WAY RESPONSIBLE FOR ANY INFORMATION, PRODUCTS OR SERVICES ACCESSIBLE THROUGH OTHER WEB SITES THAT LINK TO OR FROM THIS SITE. CARRIER SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY INFORMATION OR SERVICES PROVIDED BY A SITE THAT YOU REACH THROUGH A LINK EITHER TO OR FROM THIS SITE, AND YOU AGREE THAT CARRIER IS NOT AND WILL NOT BECOME LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF, OR RELIANCE ON, SUCH MATERIAL(S), NOR FOR ANY FAILURE TO ENFORCE ANY OF CARRIER' RIGHTS UNDER THIS AGREEMENT, AT LAW OR IN EQUITY, AGAINST ANY SITE USER OR THIRD PARTY.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CARRIER BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS SITE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, LOST SAVINGS, GOODWILL OR DATA, THE PROVISION OF PERSONALLY IDENTIFIABLE INFORMATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION, OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF CARRIER HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF: (I) THE NEGLIGENCE OF CARRIER; OR (II) THE GROSS NEGLIGENCE OF CARRIER; OR (III) ANY FAILURE OF AN ESSENTIAL PURPOSE; OR (IV) WHETHER SUCH LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT OR ANY OTHER THEORY OF LEGAL LIABILITY. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE EXCLUDED DAMAGES, CARRIER'S LIABILITY SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CARRIER'S AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
You acknowledge and agree that CARRIER may suspend or terminate your access or use of the Site without prior notice if you engage in conduct that CARRIER, in its sole discretion, believes violates any term or provision of this Agreement, otherwise violates the rights of CARRIER or third parties, or is otherwise inappropriate for continued access and use of the Site. You further acknowledge and agree that CARRIER may suspend or terminate your access and use of the Site at any time, with or without cause, in CARRIER's absolute discretion and without notice. The relevant version of this Agreement shall continue to apply to all prior use of the Site. The following paragraphs of this Agreement Use shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, Termination and General Provisions and any other provision that by its terms survives termination of your use or access to the Site.
Failure by CARRIER to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement, or your use of the Site, other than action for specific performance or injunctive relief brought by CARRIER, shall be exclusively brought in the federal, state, or local courts located in New Jersey, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. This Agreement constitutes the entire agreement between you and CARRIER with respect to the Site and your use thereof and supersedes all prior agreements or understandings, whether written or oral, between you and CARRIER with respect to the Site and your use thereof. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. Not all products and services on this Site are available in all jurisdictions. If you are using this Site from outside of the United States, you are responsible for ensuring that your use of the Site is in compliance with the law of national jurisdiction. This Agreement inures to the benefit of CARRIER, its successors and assigns. You may not assign this Agreement or any of your rights and liabilities hereunder. Any purported assignment by you in contravention of the foregoing non-assignment provision shall be null and void.