NJ Hiking – Terms of Internet Use:

Acceptance of Terms Through Use:

Welcome to www.njHiking.com. Please read the following terms and conditions carefully as they govern your use of the NJ Hiking Web site. Your use of the NJ Hiking Web site constitutes your acceptance without modification of all of the terms, conditions, and notices contained herein. Your use of the NJ Hiking Web site is specifically conditioned on your acceptance of these Terms of Use. In consideration of your agreement to these Terms of Use and for other valuable consideration, we grant to you a limited, non-exclusive, revocable and non-transferable license to access and use our NJ Hiking Web site. We reserve all rights not expressly granted in this Agreement.

 

We reserve the right to make modifications, improvements, deletions, or amendments to the NJ Hiking Web site at any time we deem appropriate. Any and all relevant portions of this Agreement will apply automatically to all modifications, improvements, deletions, and/or amendments as they appear.

In addition, we reserve the right at any time to modify the terms and conditions of this Agreement, or any part thereof, or to impose new conditions on the Agreement.

Permitted Use(s):
You agree that you are only authorized to visit, view and to retain a copy of pages of the NJ Hiking Web site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the NJ Hiking Web site for any purpose other than for personal use, unless otherwise specifically authorized by NJ Hiking. You also agree not to deep-link (place a hyperlink on a website that links to another website but not at its homepage) to the NJ Hiking Web site for any purpose, unless specifically authorized by NJ Hiking. The content and software on this NJ Hiking Web site is the property of NJ Hiking and is protected by U.S. and international copyright laws.

Limited License:
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the NJ Hiking Web site pursuant to the requirements and restrictions of these Terms of Use. We may change, suspend, or discontinue any aspect of the NJ Hiking Web site at any time. We may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the NJ Hiking Web site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the NJ Hiking Web site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the NJ Hiking Web site, or any of its contents (including software) in whole or in part.

Violation of the Terms of Use:
You understand and agree that in our sole discretion, and without prior notice, we may terminate your access to the NJ Hiking Web site, or exercise any other remedy available and remove any unauthorized user information, if we believe that the information you provide has violated or is inconsistent with these Terms of Use, or violates the express rights of NJ Hiking, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. We may release user information about you if required by law or subpoena.

Copyright Policy:
We may terminate the privileges of any user who uses the NJ Hiking Web site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

Representations By You:
By visiting the NJ Hiking Web site, you represent, warrant and covenant that all materials of any kind submitted by you through the NJ Hiking Web site or for inclusion on the NJ Hiking Web site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

License Granted by You:
By providing content or information to us, including by submitting or uploading content or materials for use on the NJ Hiking Web site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. Further, you agree to indemnify and hold the Company harmless from any use of such information.

Advertising:
The NJ Hiking Web site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the NJ Hiking Web site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor. Your decision to make purchases from any such advertiser or sponsor is completely voluntary and within your sole discretion. You are solely responsible for payment of all costs or fees associated with any such purchase, including payment of all shipping charges, applicable sales tax, or other taxes, assessments, or fees imposed by applicable law.

No Commercial Use:
The NJ Hiking Web site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind on the NJ Hiking Web site, whether by advertising, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the NJ Hiking Web site and barring such violators from use of the NJ Hiking Web site.

Links and Search Results:
The NJ Hiking Web site may contain windows or hyperlinks which provide access to other Web sites not affiliated with the NJ Hiking Web site (hereinafter the "External Web Sites"), or to informational content provided by the External Web Sites. Your use of such External Web Sites or informational content, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such External Web Sites.

We do not endorse and are not liable for the content of any External Web Site, and do not make any representations or warranties concerning any informational content or materials available on such External Web Site, including that they will not contain viruses or otherwise impact your computer. We have no control over these External Web Sites or the content within them. We do not guarantee, represent or warrant that the content contained in any External Web Site is accurate, legal and/or inoffensive. By using the NJ Hiking Web site to search for or link to another Web site, you agree and understand that you may not make any claim against us for any damages or losses, whatsoever, resulting from your use of the NJ Hiking Web site to obtain search results or to link to another Web site. You acknowledge, understand, and agree that we 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 your use of or reliance on any informational content, products, services, software, or other materials available on or provided by any External Web Site.

Intellectual Property:
You acknowledge that all content and materials available on the NJ Hiking Web site are protected by national copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by us or our licensors. Except where otherwise noted, you may download, print or view individual pages for commercial or noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the NJ Hiking Web site or its contents as expressly permitted in this Terms of Use and for no other purpose. We, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the NJ Hiking Web site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the NJ Hiking Web site. Systematic retrieval of data or other content from the NJ Hiking Web site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the NJ Hiking Web site are trademarks or service marks or used under license by us. The use or misuse of any of these materials is strictly prohibited.

Digital Millennium Copyright Act (DMCA) Policy:
If you are notifying us of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. § 512:

1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

2. A description of the allegedly infringing material and information sufficient to permit us to locate the material;

3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Notification of Claimed Copyright Infringement:
CONTACT

Allocation of Responsibility:
We assume no responsibility for the activities, omissions, or other conduct of users. We act as a portal for the online distribution and publication of information and have no obligation to screen communications or information in advance and are not responsible for screening or monitoring information posted by vendors on External Web Sites. We have no liability or responsibility to users for performance or nonperformance of such activities.

DISCLAIMER OF WARRANTIES:
You acknowledge, understand, and expressly agree that use of the NJ Hiking Web site and any External Web Site accessible there through is at your sole risk. We do not guarantee, represent, or warrant that your use of the NJ Hiking Web site will be uninterrupted, error free, or virus free, or that the NJ Hiking Web site will meet your requirements. In addition, no warranty is made as to the results that may be obtained from use of the NJ Hiking Web site or any External Web Sites listed thereon, or as to the accuracy, reliability, or content of any product, service, or information provided through or in connection with the NJ Hiking Web site. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE NJ Hiking WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, NJ Hiking DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND, (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF NJ Hiking”S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER NJ Hiking NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE NJ Hiking WEBSITE OR AN EXTERNAL WEB SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF A USER'S ACCESS TO, OR USE OF, THE NJ Hiking WEBSITE OR ANY EXTERNAL WEB SITE. You assume all risk of errors and/or omissions in the NJ Hiking Web site, including the transmission or translation of information. In addition, you acknowledge, understand, and agree that there are risks, including but not limited to, the risk of physical harm, the risk of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with the vendors with whom you comes in contact with through the NJ Hiking Web site or any External Web Site. You assume full responsibility for implementing sufficient procedures and updates to satisfy your requirements for the accuracy and suitability of the NJ Hiking Web site, including the information provided thereon, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge, understand, and agree that your use of the NJ Hiking Web site, any External Web Site accessed there through, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO USER'S COMPUTER SYSTEM OR OTHER PROPERTY.

Indemnification:
You agree to defend, indemnify, and hold us and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the NJ Hiking Web site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use:
By choosing to access the NJ Hiking Web site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. We make no representation that materials on the NJ Hiking Web site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this NJ Hiking Web site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

Choice of Law:
This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of New Jersey, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the NJ Hiking Web site shall be filed only in the state or federal courts located in the State of New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability:
This Terms of Use constitutes the entire agreement between us and you with respect to the NJ Hiking Web site and supersedes all prior or contemporaneous communications and proposals between us with respect to the NJ Hiking Web site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Headings:
Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.