Terms and Conditions of Use
Welcome to MBS Highway, which is published by MBS Highway, LLC (referred to as "we
" or "our
" throughout these terms and conditions). By becoming a subscriber to our publications,
forums and services (the "Service(s)
you are agreeing to be bound by the following terms and conditions of use (the "Terms and Conditions
which govern the Services, your use of this Website and your relationship with us, with our
Content (as defined below) providers and service providers and with their and our respective
employees, agents, affiliates, successors and assigns (the "MBS Parties
If you do not agree to these Terms and Conditions, do not use the Services.
We reserve the right, in our sole discretion, to amend these Terms and Conditions, and to
modify, add or discontinue any aspect, content, or feature of the Site or the Services.
Such amendments, modifications, additions or deletions shall become effective upon notice
thereof, which may be provided to you by posting on the Service, via e-mail or any other
reasonable means. Continued use of the Site and/or Services by you shall constitute your
binding acceptance of any such amendments, modifications, additions or deletions.
We may modify these Terms and Conditions from time to time in our sole discretion, without
notice to you, by posting such changes on this Website. Each time you use the Services
following any modifications to these Terms and Conditions, you will be deemed to have
accepted any such modifications.
General Terms and Conditions:
By subscribing to our Services you agree that use of our Services and the indicators,
strategies, commentaries, columns, articles and all other features in our publications
and other Services (collectively, the "Content")
is for informational and educational purposes only, and the information is used at your
own risk. We are not a registered investment advisor nor a broker dealer and do not serve
as a consultant or personalized advisor. As such, we assume no fiduciary obligations to you,
and you specifically disclaim and waive the formation of a fiduciary relationship with us.
We encourage you to get personal advice from a professional investment advisor and to make
independent investigations before acting on information that we issue.
You understand and acknowledge that there is a degree of risk involved in trading mortgage-backed
bonds or other securities, and you can lose all your money. Past results of any individual mortgage
loan originator published in the Services are not indicative of future results by that originator,
and are not indicative of future results which may apply for you.
Our employees and Content providers may take on positions in the bonds, stocks or industries
discussed in the Content of the Service. You should not rely solely on the Content in making
any decision or investment. Rather, you should use the Content only as a starting point for
doing additional independent research in order to allow you to form your own opinion
regarding the locking or floating of mortgage loan interest rates.
Charts, news, market quotes and updates, historical information and other factual statements
and information in the Content of the Services are made based on reasonable diligence.
However, we do not make any representation or warranty, express or implied, or in any way
guarantee the accuracy of said statements nor do we recommend that such information serve as
the basis for any investment decision. You specifically acknowledge and waive any
warranty or guarantee of the accuracy of said statements. Daily updates are subject to market
fluctuations and are based on the latest quotes received from third-party data contributors
and may be subject up to a 20 minute delay. Factual statements in the Content of the
Services are made as of the date stated and are subject to change without notice.
By using the Content of the Service, you assume full and sole responsibility for any and all
gains and losses that may be experienced, suffered or incurred by you, whether of a financial,
or emotional basis, or otherwise. Neither we nor any of the other MBS Parties guarantee
the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views,
opinions or recommendations expressed in the Content.
We do not give investment advice, and do not advocate the purchase or sale of any security or
investment by you or any other individual. The Content is not intended to provide tax, legal
or investment advice, which you should obtain from your professional advisor prior to making
any investment of the type discussed in the Content. The Content does not constitute
a solicitation by the information providers, us or others of the purchase or sale of bonds or securities.
We reserve the right to change, suspend or discontinue any aspect of our Website or the
Services at any time, including the availability of any portion of our Website or the Services.
In consideration of your use of the Services, you agree that you are at least eighteen (18)
years of age and you agree: (a) to provide true, accurate, current and complete information
about yourself as prompted by the Registration Form, and (b) to maintain and update this
information to keep it true, accurate, current and complete. If any information provided
by you is untrue, inaccurate, not current or incomplete, we have the right to terminate
your account and refuse any and all current or future use of the Services. You agree not
to resell or transfer the Service or use of or access to the Services.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES. SPECIFICALLY,
ON BEHALF OF OURSELVES AND EACH OF THE MBS PARTIES, WE DISCLAIM ANY AND ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF
TITLE, WARRANTY OF NON-INFRINGEMENT, and WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY 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 RECORD, WHETHER FOR BREACH OF CONTRACT,
TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER WE NOR ANY OF THE MBS
PARTIES WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
NEITHER WE NOR ANY OF THE MBS PARTIES SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATING TO OR ARISING OUT OF (A)
USE OF OUR WEBSITE, THE SERVICES OR THE CONTENT, (B) ANY BREACH OF ANY WARRANTY, (C)
INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR THE SERVICES or any technical malfunctions,
(D) any injury or damage to Users or to any person's computer related to or resulting from
participation or downloading materials in connection with the Services, OR (E) THE CONDUCT
OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR THE SERVICES OR OF
ANY OTHER PERSON OR ENTITY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF US AND OUR EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Your sole remedy in the event of MATTERS IN CLAUSES (A)-(E) OF THE PRECEDING PARAGRAPH shall
be to request that we correct the matter or, if we fail to do so, to discontinue use of
the Services. IN NO EVENT SHALL THE TOTAL LIABILITY OF US AND THE OTHER MBS PARTIES TO YOU
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, RELATING TO OR ARISING OUT OF THE MATTERS IN CLAUSES (A)-(E) OF THE PRECEDING
PARAGRAPH EXCEED THE SUBSCRIPTION FEES PAID BY YOU TO US FOR THE SERVICES DURING THE 12 MONTHS
PRIOR TO THE DATE SUCH DAMAGES, LOSSES OR CAUSES OF ACTION AROSE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE OTHER MBS PARTIES BE HELD LIABLE FOR
ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE
MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
SHARING OF CONTENT NOT PERMITTED:
You acknowledge and agree that all content and materials available through our Website or the
Services are intellectual property protected by copyrights, trademarks, service marks, patents,
trade secrets, or other laws and proprietary rights of us and our third parties licensors.
We do not grant any license, sublicense or other authorization to you with respect to such
intellectual property by including them on this Website.
You may download material from the Website and our Services only for purposes of your personal,
non-commercial informational use only, without altering or removing any trademark, copyright,
or other notice from such material. You may not download or save a copy of any
of the content or screens, except as otherwise provided in these Terms and Conditions, for
any purpose, without our express written consent.
You agree not to in any way, shape or form photocopy, reprint, reproduce, share, distribute,
sell, publish, broadcast (including, but not limited to, news groups, mailing lists, e-bulletin
boards and/or e-mail) or circulate the information received through or by our Services to anyone,
including but not limited to others in the same company or organization, without our express
prior written consent. We reserve the right to refuse to provide any and all of the Services
to any person we so desire. We reserve the right to be compensated by any person sharing the
information provided in our Services, or who receives any such information. In
addition, you are strictly prohibited from creating derivative works or materials that
otherwise are derived from or based on in any way on the Content, including montages,
mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise.
This prohibition applies even if you intend to give away the derivative materials free of charge.
Each paid subscriber is responsible for the subscription fees and any charges incurred to access
the Service. After you become a registered subscriber to our Services, and after the initial
subscription period, you hereby authorize us to automatically charge your credit card at the
then current subscription fee rate applicable to your subscription term until you cancel
your subscription through the proper subscription cancellation process, found through our
Website, or by contacting our office either by phone, email, U.S. mail or other transmission.
Monthly, Quarterly, Semi-annual and Annual Subscriptions are billed on the anniversary date
of your original membership registration. If you cancel your subscription prior to the next
charge date, your subscription will be subject to the Refund Policy below.
Monthly and quarterly subscriptions: Cancellable at the end of the current paid monthly or quarterly term - no refunds.
Semi-annual subscriptions (initial six month subscription):
Cancelled in the first 30 days - 100% refund.
No refunds thereafter during the initial six month subscription
Semi-annual subscriptions (renewals, each subsequent six month subscription after the initial six months):
Cancelled in the first month after renewal - 100% refund
No refunds if cancelled in the second through sixth month of each subsequent six month subscription after the initial six months
Annual subscriptions (initial twelve month subscription):
Cancelled in the first 30 days - 100% refund
No refunds thereafter during initial twelve month subscription.
Annual subscriptions (renewals, each subsequent twelve month subscription after the initial twelve months):
Cancelled in the first month after renewal - 100% refund
No refunds if cancelled in the second through twelfth month of each subsequent twelve month subscription after the initial twelve months.
User Conduct On OUR Website:
The following rules apply to all users of our Website and Services and are a condition
of your use of and access to the Services. These rules are in addition to the
restrictions contained elsewhere herein. You are responsible for the content of
your communications via our Website and the Services and any content or materials
you post or otherwise transmit or make available to others.
You may not engage in promotional or commercial activities, spam, disseminate surveys
or engage in any mass messaging or post in comments or elsewhere, transmit or in any
way exploit any information, software or other material for commercial purposes or
that contains advertising, "junk mail," "spam," "chain letters," investment
opportunities, pyramid schemes or other unsolicited commercial communication
(except as otherwise expressly permitted by us); or solicit other users to join,
become members of, or contribute money to any online service or other organization,
advocate or attempt to get users to join in legal or illegal schemes or plan or
participate in scams involving other users; or or solicit others to sell or
buy any security or other investment vehicle.
You may not impersonate any person or entity or falsely state or otherwise
misrepresent your professional or other affiliation with any person or entity.
You may not post or transmit any content, including video, audio and text content,
software or other material that violates or infringes the rights of any third party,
including copyright, trademark, patent, privacy or publicity rights.
You may not use our Website and Services to knowingly violate any local, state,
national or international law (including without limitation the U.S. export laws
and regulations, the Securities Act of 1933 and Securities Exchange Act, or
any rule of the New York Stock Exchange, the NASDAQ/AMEX or any other securities
exchange) or to encourage or provide content that contains instructional information
about illegal activities or conduct that would constitute a criminal offense,
give rise to civil liability or otherwise (including without limitation accessing
unauthorized copyrighted content).
You may not use our Website or Services to collect personally identifying
You may not attempt to gain unauthorized access to other computer systems or
networks connected to our Website or Services or use our Website or Services,
the Content or any information contained therein for any unlawful purpose. We,
in our sole and absolute discretion, shall determine whether any content you
transmit or receive or your use of the Service violates this provision.
You may not use any Services in connection with any site or other use that
contains or is associated with information or content prohibited by this section.
You may not post or transmit, and we reserve the right to immediately remove,
any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind. You may not use our
Website or Services to threaten, stalk, harass, or advocate the harassment of
another person or entity, use offensive language or otherwise transmit
deliberately offensive comments. You may not use our Website or Services to
engage in disruptive activities online, such as use of scripts, sound waves,
scrolling (repeating the same message over and over). You may not post or
transmit any information or software which contains a virus, trojan horse,
bot, worm or other harmful component.
We have no obligation to monitor the use of our Website or the Services.
You acknowledge and agree, however, that we do retain the right to monitor
any and all information transmitted or received through our Website or the
Services for operational and other purposes. Such information may, in
accordance with our Privacy Policies, be examined, recorded, copied, used
and disclosed as necessary or appropriate to satisfy any law, regulation
or other governmental request, to operate the Services properly, or to protect
ourself or our subscribers. Use of our Website or Services constitutes consent
to such monitoring. We will not intentionally monitor or disclose any private
electronic- mail message unless required by law. We reserve the right to refuse
to post or to remove any information or materials, in whole or in part, that,
in its sole discretion, are unacceptable, undesirable, inappropriate or in
violation of these Terms and Conditions.
Portions of the Site or Services may provide you and other users an opportunity
to submit, post, display, transmit and/or exchange information, ideas, opinions,
photographs, images, video, creative works or other information, messages,
transmissions or material, including your name and likeness, to us, the Site
or Service or others ("User Content").
By posting such User Content you represent and warrant that it complies
with these Terms and Conditions.
By uploading or inputting User Content to our Website you hereby acknowledge and
agree that you are granting us (including without limitation our licensees,
successors and assigns) the perpetual and irrevocable, non-exclusive right and
license to: (a) use, copy, create derivative works from, reproduce, distribute,
display, exhibit, host, cache, store, "fingerprint" through use of content
recognition technology, archive, index, categorize, comment on, tag, transmit,
broadcast, stream, edit, alter, modify, synchronize with visual material, create
algorithms based thereon, and transcode the User Content to appropriate media
formats, standards or mediums; and (b) otherwise use, exhibit and exploit, and
sell, license, assign and otherwise transfer to third parties the right to use,
exhibit and otherwise exploit the User Content (in whole or in part and as altered
by us in our sole discretion) throughout the world in perpetuity, in any and all
media, whether now existing or hereafter devised, including, without limitation,
on our Website, publications and Services and on other websites, and as well as
in connection with any distribution or syndication arrangement with third parties
or third party sites, in any media format or medium and through any media channels
and for any purpose (including, without limitation, advertising, promotion and
publicity for the Website and the Services), all without further notice to, consent
from or payment to you. You waive any and all "moral rights" you may have in the User Content.
Without in any way limiting the foregoing, you acknowledge and agree that we
and our licensees, successors and assigns shall have the right to sell, license,
assign and otherwise transfer any and all of the rights granted by you to us under
these Terms and Conditions, and to display any advertising, publicity, promotional
materials and distribution rights in connection with your User Content. Nothing in
these Terms and Conditions obligates or may be deemed to obligate us or any other
person or entity to exercise any of the rights granted by you under these Terms and Conditions.
You grant the rights hereunder whether or not your User Content or any part thereof
is actually used by us. You acknowledge that your consideration for the rights you
grant in your User Content is the possibility that we will review or use your User
Content. You will not receive any further compensation of any kind for your User
Content or the use thereof, and you agree that we shall have the right to give
you no credit or determine in what form to give you credit for any use of your User Content.
We shall not be subject to any obligations of confidentiality regarding submitted
information, except as expressly agreed by us or as otherwise specifically agreed
or required by law.
We shall have the right, in our sole discretion, not to post the User Content on
any website, to remove the User Content from any website on which it has been posted,
and not to use, exhibit or otherwise exploit your User Content in any manner whatsoever.
We are not responsible for the User Content, accuracy or opinions expressed on
the Service, and we do not investigate, monitor or check for accuracy or completeness
User Content or postings. You understand that by using the Service, you may be exposed
to Content and communications that are offensive, indecent, or objectionable. Under
no circumstances will we be liable in any way for any communications, including, but
not limited to, liability for any errors or omissions in any User Content or
communications, or for any loss or damage of any kind incurred as a result of the
use of any User Content or communications posted, e-mailed, or otherwise transmitted via the Service.
Links from and to Website:
Inclusion of any linked website or reference materials on our Website or the
Services does not imply any approval, endorsement or authentication of any content,
products, advertising or other materials appearing on the linked website or reference
materials by us or any of our Website co-branding providers, or any association between
the owners or operators thereof us or any of our Website co-branding providers.
Neither we nor any of our Website co-branding providers shall be liable
for the content of such linked websites or reference materials or for any actions
taken in reliance thereon. When you access these third-party sites, you
do so at your own risk. Neither we nor any of our Website co-branding providers
shall take any responsibility for third party advertisements that are posted on
or through the Website or Services, or take any responsibility for the goods or
services provided by our advertisers.
The links on this Website may provide you with access to other websites where
the trading of securities is possible. You acknowledge and agree that we shall
not be responsible or liable with regard to any trading which may be conducted
on such linked trading sites or any other website which may be linked to or
from the Service, and hereby waive any such claims. You acknowledge and agree
that the bond, stock and mutual fund price quotes and news stories which are
accessed within a trading day may be delayed at least 20 minutes, as may required
by exchanges and information providers. You acknowledge and agree that you bear
responsibility for your own investment research and investment decisions, and
that we shall not be liable for any decision made or action taken by you or others
based upon reliance on information or materials obtained through use of the Service.
Prior to the execution of a securities trade, you should always consult with
your broker or other financial representative to verify securities pricing information.
Content in the many web pages that are linked to the Service comes from a variety
of sources. Some of this information comes from our licensees, but much of it
comes from unofficial or unaffiliated organizations and individuals, both internal
and external to us. We do not author, edit, or monitor these unofficial pages or
links. You acknowledge and agree that we are not responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services available
on such external sites or resources.
When you visit this Website or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this Website. You
agree that all agreements, notices, disclosures, and other communications that
we provide to you electronically, satisfy any and all legal requirements that
such communications be in writing.
Mobile User Opt-In
By subscribing to our services and entering information on our Sign Up or Trial pages,you are opting in-to and agree to receive text messages from us [MBSHWY(627499)], which may be sent through an automatic telephone dialing system to the mobile number provided.
Mobile User Opt-Out
You may discontinue receipt of text messages, by replying "STOP" to any message you receive or by texting "STOP" to the short code  from your mobile device. You will not receive any additional messages. You may also opt-out by replying "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOPALL" to any text message you receive or by texting "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOPALL" to the short code.
Mobile User Fees
Text messaging is a standard rated, non-premium service. We do not charge users fees to send or receive text messages. However, Message and Data rates may apply from your carrier.
To get help, reply "HELP" to any message you receive or text "HELP" to the short code [627499#].
You may also call 732-526-7900 or request support through https://mbshighway.com/support/contact-us.
MBS Highway will send you up to 7 market alerts per day that the bond market is open. You can see the dates the market is closed on our market calendar.
U.S. Mobile Carriers Supported
U.S. mobile carriers supported currently includes AT&T, Sprint, T-Mobile™, Verizon Wireless, Metro PCS, Nextel, Virgin Mobile, US Cellular Corp.™, ACS Wireless, All West Wireless, Bluegrass, Boost USA, Cambridge Telecom, Cellcom, Cellular South, Centennial, Cincinnati Bell, Cricket Wireless, Dobson, Cellular One of East Central Illinois, Appalachian Wireless, Farmer’s Mutual Telephone Company, General Communications, Golden State Cellular, PC Management, Inland Cellular, Illinois Valley Cellular, Nex-Tech Wireless, Nucla-Naturita, nTelos, Revol, Silver Star PCS (Gold Star), Snake River PCS, South Central, Syringa, Thumb Cellular, UBET Wireless, Unicel, United Wireless, and West Central Wireless. Neither we nor any of the carriers that we support is liable for undelivered or delayed messages.
No Mobile Messaging Warranty
For the avoidance of doubt, our text messages are subject to the disclaimer of warranty and limitation of liability terms set forth above. Without limiting the foregoing, we will not be liable for any delays in the receipt of any text messages connected with our SMS Gateway or for any undelivered messages. Delivery of text messages is subject to effective transmission from your wireless service provider/network operator. You agree that your wireless service provider/network operator will not be liable for undelivered or delayed messages.
We are taking reasonable and appropriate measures, including encryption, to
ensure that your personal information is disclosed only to those specified by
guarantee that the personal information you have entered will not be intercepted
by others and decrypted. If you wish to make purchases through the Service, you
may be asked by the merchant, information provider or service provider from whom
you are making the purchase to supply certain information, including credit card
or other payment mechanism information. You agree not to hold us liable for any
loss or damage of any kind incurred as a result of any such dealings with any
merchant, information provider or service provider. You agree that any
and all information you provide any merchant, information or service provider
for purposes of making purchases will be accurate, complete and current. The
merchants, information and service providers offering merchandise, information
and services through the Service set their own prices and may change prices or
institute new prices at any time. You agree to pay all charges incurred by users
of your account and credit card or other payment mechanism at the prices in
effect when such charges are incurred. You also will be responsible for paying
any applicable taxes relating to purchases through the Service.
Should we provide to you a password that allows you to access certain parts of
our Website or for the Services, you will be solely responsible for maintaining
the confidentiality of the password and your account information, and are fully
responsible for all activities that occur under your password or account. You
agree that you will immediately notify us of any unauthorized use of your password
or account, or any other breach of security, and that you will log off of our
Website or the Services at the end of each session to prevent fraud on your account
by third parties.
Failure to Comply With Terms and Conditions and Termination:
Subscription to this Service may be terminated at any time, and without cause,
by either us or you, upon notification by U.S Mail, overnight delivery service,
telephone or e-mail. When termination is requested by you, subscription fees are
subject the Refund Policy listed above. You are liable for charges incurred by you
until termination of service.
You acknowledge and agree that we may terminate your password or account or
deny you access to all or part of the Service without prior notice if you engage
in any conduct or activities that we, in our sole discretion, believe violate any
of these Terms and Conditions, violate our rights, or is otherwise inappropriate
for continued access.
You acknowledge and agree that we may, in our sole discretion, deny you access,
through the Service, to third party services, merchandise, materials or information
on the Internet, and we shall have no responsibility to notify any third-party
providers of services, merchandise or information providers, nor shall we have
any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold us and our parent and subsidiary
companies and affiliates and our and their respective directors, officers, employees
and agents harmless from any and all claims, actions, suits or proceedings, as well
as any and all losses, liabilities, damages, costs and expenses (including reasonable
attorneys fees) arising out of or accruing from (a) any material posted or otherwise
provided by you that infringes any copyright, trademark, trade secret, trade dress,
patent or other intellectual property right of any person or defames any person or
violates their rights of publicity or privacy, (b) any misrepresentation made by
you in connection with your use of the Site or Service; (c) any breach of any of
the representation, warranties or other terms or conditions relating to use of User
Content you supply (d) any non-compliance by you with the terms and conditions of
these Terms and Conditions; and (e) claims brought by persons or entities other
than the parties to these Terms and Conditions arising from or related to your
access and use of our Website or the Services, including the information obtained
through our Website or the Services.
The Terms and Conditions and the relationship between you and us shall be governed
by the laws of the State of New Jersey, without regard to its conflict of law provisions.
Although you acknowledge that we will have the ability to enforce our rights in any
court of competent jurisdiction, you hereby consent to the exclusive jurisdiction
and venue of courts located within the state of New Jersey regarding any and all
disputes relating to these Terms and Conditions or your use of the Site and Services.
No waiver of any provision or any right granted hereunder will be effective unless
set forth in a written instrument signed by the waiving party. No waiver by either
party of any breach or default hereunder shall be deemed a waiver of any subsequent
breach or default.
If any provision of the Terms and Conditions is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms and Conditions remain in full force and effect.
These Terms and Conditions and any posted operating rules constitute the entire
agreement of the parties with respect to the subject matter hereof, and supersede
all prior or contemporaneous communications and proposals, whether oral or written,
between the parties with respect to such subject matter.
You acknowledge and agree that the warranty disclaimers and liability and remedy
limitations in these Terms and Conditions are material terms of these Terms and
Conditions and that they have been taken into account in the decision by us to
provide access to the Website and the Services hereunder.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service, or the Terms
and Conditions, must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
You may not assign any of your rights, obligations or privileges hereunder of with
respect to your subscription for the Services without our prior written consent.
Any assignment of the foregoing other than as provided for in this section shall
be null and void, ab initio. We and our successors, licensees and assigns,
will have the unlimited right to assign these Terms and Conditions and the rights
granted by you under these Terms and Conditions at any time, in whole or in part, to any party.
The titles and subtitles used in these Terms and Conditions are used for convenience
only and are not to be considered in construing or interpreting these Terms and Conditions.