Terms and Conditions
Terms and Conditions
By using the websites hosted by Jack Resnick & Sons, Inc. (“Resnick”) and its affiliates (collectively referred to as the “Resnick Website”), you agree to be bound by all of the terms and conditions outlined herein and to use the Resnick Website only as permitted by these Terms and Conditions and not for any unlawful or inappropriate purpose. If you do not agree with these Terms and Conditions, you must immediately stop using the Resnick Website.
Changes To The Resnick Website
Resnick reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time by posting revised Terms and Conditions on the Resnick Website. Changes in these Terms and Conditions will be effective when such change is posted. Your continued use of the Resnick Website after any changes to these Terms and Conditions are posted on the Resnick Website will be considered acceptance of those changes. Resnick may terminate, change, suspend or discontinue any aspect of the Resnick Website, including the availability of any features of the Resnick Website, at any time. Resnick may also impose limits on certain features and services or restrict your access to parts or the entire Resnick Website without notice or liability. Resnick may terminate the authorization, rights and license given herein.
Trademarks, Copyrights, and Restrictions
All content included on the Resnick Website, including, but not limited to text, graphics, logos, images, button icons, illustrations, audio clips, video clips, and software (collectively, “Content”) is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and international copyright laws and treaty provisions, privacy and publicity laws, communication regulations and statutes, or other laws and regulations) and are owned and controlled by Resnick or its affiliates or by third party content providers (collectively, “Providers”). Content on the Resnick Website or any website owned, operated, licensed or controlled by Resnick is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Resnick. You may request consent by faxing a request to Jack Resnick & Sons, Inc., Attention: Legal Department, at (212) 758-2948. Without the prior written consent of Resnick, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Resnick and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of the Resnick Website, you warrant to Resnick that you will not use the Resnick Website for any purpose that is unlawful or prohibited by these Terms and Conditions, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, fraudulent, inflammatory, pornographic, or profane material. If you violate any of these Terms and Conditions, your permission to use the Resnick Website immediately terminates without the necessity of any notice. Resnick retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms and Conditions. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on the Resnick Website, including but not limited to any logos or characters, without the express written consent of Resnick. You may not frame or otherwise incorporate into another website any of the Content or other materials on the Resnick Website without prior written consent of Resnick.
No Representations or Warranties
All information and content included on the Resnick Website is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Resnick strives to provide accurate and up-to-date material on the Resnick Website. However, Resnick makes no warranties or representations as to the accuracy or timeliness of the material provided through the Resnick Website. Resnick assumes no liability or responsibility for any errors or omissions on the Resnick Website.
You agree not to use or permit others to use the Resnick Website for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Resnick Website’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Resnick Website; (c) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (d) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (e) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy the Resnick Website or the Content without Resnick’s prior written consent, provided that generally available third party web browsers such as Google Chrome®, Mozilla Firefox®, and Microsoft Internet Explorer® may be used without such permission. You agree not to take any action, alone or with others, that would interfere with the operation or performance of the Resnick Website, to alter the Resnick Website in any way, or to impede others’ access to and freedom to enjoy and use the Resnick Website.
For your convenience, Resnick may provide links to websites belonging to other companies, including affiliates of Resnick. Those websites are not under the control of Resnick and Resnick does not monitor, make any representation with respect to or assume any liability with respect to any third-party websites, including without limitation for any products or services that are advertised or available for purchase through such third-party sites. The fact that Resnick has provided a link to such websites is not to be interpreted as an endorsement of their contents. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present of those sites and you access such sites at your own risk.
Each user of the Resnick Website agrees to indemnify and hold harmless Resnick, its affiliates, and its and their respective shareholders, partners, officers, members, directors, agents and representatives from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Resnick Website and the content herein.
Limitation of Liability
NEITHER RESNICK, NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, PARTNERS, OFFICERS, MEMBERS, DIRECTORS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RESNICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (I) YOUR USE OR INABILITY TO USE THE RESNICK WEBSITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE RESNICK WEBSITE; OR (IV) ANY OTHER MATTER RELATING TO THE RESNICK WEBSITE OR ITS CONTENTS.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of the Terms and Conditions are held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Resnick to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions represent the entire agreement between Resnick and you with respect to its subject matter, and may be amended only by Resnick. These Terms and Conditions shall be governed by the laws of the State of New York, without regard to principals of conflicts or choice of laws.