Please read the following terms and conditions carefully before using this website or any of our other websites. By accessing or using our sites, you agree to the following terms and conditions. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not understand or agree to any term or condition, you should not access or otherwise use our sites. The following terms and conditions apply to all of our websites, including any websites owned, operated, or sponsored by any of our affiliates. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from, or on, our websites.
1. Website Is Provided for Your Convenience Only. This Site is intended to provide information that might be of interest to users. It is provided to you without charge as a convenience and for your information only. While we do our best to ensure accurate and timely content, by merely providing access to our website content, we do not warrant or represent that:
• the content is accurate or complete
• the content is up-to-date or current
• we have any duty to update any content
• the content is free from technical inaccuracies or typographical error
• the content is free from changes caused by third party
• your access to our website will be free from interruptions, errors, computer viruses, or other harmful components.
We do not assume any liability for any of the above matters. Use of our website is at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this website, even if one of our representatives has been advised of the possibility of your damages. If your use of our website results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
2. Website Is Provided “As Is” and We Disclaim All Warranties. Our website content is provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose.
3. Information You Transmit or Data You Submit via This Website Is Non-Confidential. We do not want to receive confidential or proprietary information from you through our website. If you transmit to, through or post on our website any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our policies regarding privacy. You are not authorized to post on or transmit to, through or from our website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other content that could give rise to any civil or criminal liability under the law.
4. Your Use of Our Website Is Restricted. Our website and its content are owned and operated by us. Our website’s content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, our website content is protected by trademark laws, the laws of privacy and publicity and communications regulations and statutes. No content from www.njvc.com, or any other website owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way. You also may not, without our permission, “mirror” any material contained on our website on any other server.
The sole exceptions to these restrictions are:
The following is a non-exclusive list of registered trademarks, registered service marks, or trademarks or service marks of NJVC, LLC or its subsidiaries, in the United States and/or other countries or jurisdictions:
To the extent a name, logo or design does not appear on the above list, such lack of appearance does not constitute a waiver of any intellectual property rights NJVC, LLC has established in its product or service names or logos, or in product configurations or designs, all of which rights are expressly reserved.
5. We Are Not Allowing You to Use Our Trademarks. The trademarks, service marks, and logos of NJVC, LLC used and displayed on our website are our registered and unregistered trademarks. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our written permission. Requests to use trademarks owned by other companies which may be mentioned on this website should be directed to such other companies. We aggressively enforce our intellectual property rights. The name of NJVC, LLC or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our website, without prior written permission. You are not authorized to use our logo as a hyperlink to our website unless you obtain our written permission in advance.
6. Obey Local Laws in Accessing Our Website. This site is controlled by us from our offices within the United States of America. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. Access to our website content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this site in violation of U.S. export laws and regulations. Any claims relating to our website and its content and materials shall be governed by the laws of the State of Virginia without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties’ obligations shall be brought exclusively in a federal or state court in Virginia.
7. You Are Bound by Changes in This Agreement’s Terms and Conditions. We may at any time revise these terms and conditions by updating this posting. By using our website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current User Agreement and Disclaimers for the NJVC, LLC website to which you are bound. Certain provisions of these terms and conditions may be superseded by other legal notices or terms located on other parts of our website. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions of any other written agreement between NJVC, LLC and its customers or vendors, the express terms and conditions of the latter agreement shall prevail.
8. You Agree to Indemnify Us for Using Our Website. You agree to indemnify, defend, and hold harmless NJVC, LLC, its owners, employees, agents, subcontractors, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.
9. Third Parties May Have Rights Under This Agreement. Some of the provisions of this Agreement are for the benefit of NJVC, LLC and its owners, employees, agents, subcontractors, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
10. Agreement Termination. This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use our website after you have terminated this Agreement. Provisions 2, 3, 4, and 5 of this Agreement shall survive any termination of this Agreement.
11. Waiver of Failure to Enforce a Provision. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.