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Terms of Use

Acceptance of the Terms and Conditions

This Terms of Use Agreement (the “Agreement”), states the terms and conditions under which you may use this web site (the “Site”).  Please read this Agreement carefully.  This Site contains information relating to the Newark Downtown District Management Corporation (the “NDD” or “We”) in the form of text, graphics, news, reports, and other materials (tangible or intangible) (“Content”).  By accessing, browsing and/or using this Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement.  If you do not accept this Agreement (and therefore do not agree to by bound by this Agreement), do not use this Site.  We reserve the right to amend this Agreement at any time by posting the amended terms on our Site.   

Restrictions on Use of Materials

You acknowledge that this Site contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.  You also acknowledge that the Content is and shall remain the property of the NDD or any other party (each a “Contributor”) who has been involved in the preparation or publication of the Content.  You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.  You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices.  You shall not store electronically any significant portion of any Content.  The NDD authorizes you to view and use the Content on this Site solely for your personal, noncommercial use.  The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without prior written approval of the NDD. 

Disclaimer of Warranty

THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC.  INFORMATION PRESENTED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.    

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  THE NDD DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT. 

THE NDD DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. 

THE NDD HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.   

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE NDD BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEB SITE.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEB SITE.

IN NO EVENT SHALL THE NDD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

Links to Other Sites

As a convenience to you, this Site may periodically provide links to third party websites through links available on this Site where we feel it is appropriate.  Lists of links are not complete lists of relevant and/or useful internet resources.  Our decision to link to a Third-Party Site is not an endorsement of the content in that linked Third Party Site.  WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEB SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD PARTY WEB SITES, AND THE NDD SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.  You should take precautions when downloading files from all Sites to protect your computer from viruses and other destructive programs.  If you decide to access linked Third-Party Sites, you do so at your own risk.  You should direct any concerns to the Third-Party Sites’ administrator or webmaster. 

No Framing Allowed 

Elements of this Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors.  None of the Content for our Site may be retransmitted without the express written consent of the NDD.  

Copyright Complaints

The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is Francis A. Kirk, Esq., Tesser & Cohen, 946 Main Street, Hackensack, New Jersey 07601. 

Use of Personally Identifiable Information

The NDD practices and policies with respect to the collection and use of personally identifiable information is governed according to its Privacy Policy, set forth below.

Termination

The NDD reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our Site or the Content, at any time and for any reason without prior notice or liability.  The NDD reserves the right to change, suspend, or discontinue all or any part of this Site or the content at any time without prior notice or liability.

Miscellaneous 

In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.  Failure of the NDD to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.  Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement.  The Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, including its conflicts of law rules.  Any action relating to the Content, Site, or this Agreement must be brought in the federal or state courts located in Newark, New Jersey, and you hereby irrevocably consent to the jurisdiction of such courts.  Any cause of action you may have with respect to the Content, Site, or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be precluded.  This Agreement contains the entire agreement of the parties for this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.  You agree to use the Content and Site only for lawful purposes.  You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. 

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