Terms of Use Agreement ...
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SJ Hospitality, Inc.
620 Ocean Road
Point Pleasant ,
New Jersey ,
08742
(732) 899-3776 |
Welcome to our website
By using our site, you are agreeing
to comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do not
agree to these terms, you should not use this site. The
term “
SJ Hospitality, Inc. ”, “us” or “our” refers to
SJ Hospitality, Inc. , the legal name of the owner of the website. The term “you”
refers to the user or viewer of our website.
1. Acceptance of Agreement
You agree to the terms and conditions
outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Website"). This
Agreement constitutes the entire and only agreement between
us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings
with respect to this Website, the content, products or services
provided by or through this Website, and the subject matter
of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to
you. The latest Agreement will be posted on this Website,
and you should review this Agreement prior to using this
Website.
2. Copyright
The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and
other matters related to this Website are protected under
applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of
any such matters or any part of this Website, except as
allowed by Section 4 below, is strictly prohibited. You
do not acquire ownership rights to any content, document
or other materials viewed through this Website. The posting
of information or materials on this Website does not constitute
a waiver of any right in such information and materials.
Some of the content on this Website is the copyrighted work
of third parties.
3. Service Marks
SJ Hospitality, Inc. and others are our service marks or registered service marks
or trademarks. Other product and company names mentioned
on this Website may be trademarks of their respective owners.
4. Limited License; Permitted
Uses
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use this Website strictly
in accordance with this Agreement; (b) to use this Website
solely for internal, personal, non-commercial purposes;
and (c) to print out discrete information from this Website
solely for internal, personal, non-commercial purposes and
provided that you maintain all copyright and other policies
contained therein. No print out or electronic version of
any part of this Website or its contents may be used by
you in any litigation or arbitration matter whatsoever under
any circumstances.
5. Restrictions and Prohibitions
on Use
Your license for access and use of this
Website and any information, materials or files (collectively
defined as “Content and Materials”) therein
are subject to the following restrictions and prohibitions
on use: You may not (a) copy, print (except for the express
limited purpose permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent, lease, loan or
otherwise make available in any form or by any means all
or any portion of this Website or any Content and Materials
retrieved from it; (b) use this Website or any materials
obtained from this Website to develop, of as a component
of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now
existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license,
lease, rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of
any content and materials from this Website; (d) use any
content and materials from this Website in any manner that
may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third
parties; (e) remove, change or obscure any copyright notice
or other proprietary notice or terms of use contained in
this Website; (f) make any portion of this Website available
through any timesharing system, service bureau, the Internet
or any other technology now existing or developed in the
future; (g) remove, decompile, disassemble or reverse engineer
any Site software or use any network monitoring or discovery
software to determine this Website architecture; (h) use
any automatic or manual process to harvest information from
this Website; (i) use this Website for the purpose of gathering
information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and
(3) unsolicited telephone calls or facsimile transmissions;
(j) use this Website in a manner that violates any state
or federal law regulating email, facsimile transmissions
or telephone solicitations; and (k) export or re-export
this Website or any portion thereof, or any software available
on or through this Website, in violation of the export control
laws or regulations of the United States.
6. No Legal Advice or
Attorney-Client Relationship
Information contained on or made available
through this Website is not intended to and does not constitute
legal advice, recommendations, mediation or counseling under
any circumstance and no attorney-client relationship is
formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained
in or linked to this Website. Your use of information on
this Website or materials linked to this Website is entirely
at your own risk. We are not a law firm and this Website
is not a lawyer referral service.
7. Links to other websites
this Website contains links to other websites.
We are not responsible for the content, accuracy or opinions
express in such websites, and such websites are not investigated,
monitored or checked for accuracy or completeness by us
on a regular basis. Inclusion of any linked website on our
Site does not imply approval or endorsement of the linked
website by us. If you decide to leave our Site and access
these third-party sites, you do so at your own risk.
8. Linking to this Website
You may provide links to this Website,
provided (a) that you do not remove or obscure, by framing
or otherwise, advertisements, the copyright notice, or other
notices on this Website, (b) your site does not engage in
illegal or pornographic activities, and (c) you discontinue
providing links to this Website immediately upon request
by us.
9. Advertisers
This Website may contain advertising and
sponsorships. Advertisers and sponsors are responsible for
ensuring that material submitted for inclusion on this Website
is accurate and complies with applicable laws. We are not
responsible for the illegality or any error, inaccuracy
or problem in the advertiser’s or sponsor’s
materials.
10. Registration
Certain sections of, or offerings from,
this Website may require you to register. If registration
is requested, you agree to provide us with accurate, complete
registration information. Your registration must be done
using your real name and accurate information. Each registration
is for your personal use only. We do not permit (a) any
other person using the registered sections under your name;
or (b) access through a single name being made available
to multiple users on a network. You are responsible for
preventing such unauthorized use.
11. Errors, Corrections
and Changes
We do not represent or warrant that this
Website will be error-free, free of viruses or other harmful
components, or that defects will be corrected. We do not
represent or warrant that the information available on or
through this Website will be correct, accurate, timely or
otherwise reliable. We may make changes to the features,
functionality or content of this Website at any time. We
reserve the right in our sole discretion to edit or delete
any files, information or other content appearing on this
Website.
12. Third Party Content
Third party content may appear on this
Website or may be accessible via links from this Website.
We are not responsible for and assume no liability for any
mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on this Website.
You understand that the information and opinions in the
third party content represent solely the thoughts of the
author and is neither endorsed by nor does it necessarily
reflect our belief.
13. Unlawful Activity
We reserve the right to investigate complaints
or reported violations of this Agreement and to take any
action we deem appropriate, including but not limited to
reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing
any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage
history, posted materials, IP addresses and traffic information.
14. Indemnification
You agree to indemnify, defend and hold
SJ Hospitality, Inc. and our partners, agents, officers, directors, employees,
subcontractors, successors, assigns, third party suppliers,
advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense related to your
violation of this Agreement or use of this Website.
15. Nontransferable
Your right to use this Website is not
transferable or assignable. Any password or right given
to you to obtain information or files is not transferable
or assignable.
16. Disclaimer
THE INFORMATION, CONTENT AND FILES FROM
OR THROUGH this Website ARE PROVIDED "AS-IS,"
"AS AVAILABLE," WITH “ALL FAULTS”,
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
PRODUCTS, SERVICES, FILES AND INFORMATION PRESENTED WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THIS WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR FILE IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall
not be liable for any loss, injury, claim, liability, or
damage of any kind resulting in any way from (a) any errors
in or omissions from this Website or any services or products
obtainable therefrom, (b) the unavailability or interruption
of this Website or any features thereof, (c) your use of
this Website, (d) the content contained on this Website,
or (e) any delay or failure in performance beyond the control
of a Covered Party.
(b)THE AGGREGATE LIABILITY OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING
TO THIS WEBSITE AND/OR THE PRODUCTS, INFORMATION, FILES
AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED
$100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information
We reserve the right, and you authorize
us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated
by you to us (collectively, a "Submission") will
forever be our property. We will not be required to treat
any Submission as confidential, and will not be liable for
any ideas (including without limitation, product, service
or advertising ideas) and will not incur any liability as
a result of any similarities that may appear in our future
products, services or operations. Without limitation, we
will have exclusive ownership of all present and future
existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission for
any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge
that you are responsible for whatever material you submit,
and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality,
and copyright.
19. Third-Party Services
We may allow access to or advertise certain
third-party product or service providers ("Vendors")
from which you may purchase certain goods or services. You
understand that we do not operate or control the products
or services offered by the vendors. Vendors are responsible
for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions
entered into between you and the vendors. You agree that
use of or purchase from such vendors is AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND THE VENDORS OR FOR ANY
INFORMATION APPEARING ON VENDOR SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
20. Third-Party Vendort
Policies
All rules, policies (including privacy
policies) and operating procedures of vendors will apply
to you while on any vendor sites. We are not responsible
for information provided by you to vendors. We and the vendors
are independent contractors and neither party has authority
to make any representations or commitments on behalf of
the other.
21. Copyrights
We respect the intellectual property of
others, and we ask you to do the same. If you believe that
your work has been copied in a way that constitutes copyright
infringement, please provide us with the following information:
a. An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright
interest;
b. A description of the copyrighted work that you claim
has been infringed;
c. A description of where the material that you claim is
infringing is located on this Website;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf.
Notice of claims of copyright infringement on this Website
can be reached by directing an e-mail to the ust at
info@qualityinnpointpleasant.com
22. Information and Press
Releases
This Website contains information and
press releases about us. We disclaim any duty or obligation
to update this information or any press releases. Information
about companies other than ours contained in the press release
or otherwise, should not be relied upon as being provided
or endorsed by us.
23. Legal Compliance
You agree to comply with all applicable
domestic and international laws, statutes, ordinances and
regulations regarding your use of this Website and the Content
and Materials provided therein.
24. Refund and Return
Policy
To the extent that you purchase any goods
or services directly from us, we will refund you your purchase
price within 30 days of you notifying us in writing of your
desire for the refund, together with the reason for the
request. Please note , however, that certain products and
services mentioned on our site are sold by third parties
or are linked to third party websites, and we have no responsibility
or liability for those products or services. You may request
a refund by contacting us by email at info@njmetronet.com.
25. Miscellaneous
This Agreement shall be treated as though
it were executed and performed in the county of
Ocean , and shall be governed by and construed in accordance with
the laws of the State of
New Jersey (without regard to conflict of law principles). Any cause
of action by you with respect to this Website (and/or any
information, files, products or services related thereto)
must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in Section
16 and Section 17. The language in this Agreement shall
be interpreted as to its fair meaning and not strictly for
or against any party. Any rule of construction to the effect
that ambiguities are to be resolved against the drafting
party shall not apply in interpreting this Agreement. This
Agreement and all incorporated agreements and your information
may be automatically assigned by us in our sole discretion
to a third party in the event of an acquisition, sale or
merger. If any provision of this agreement is held illegal,
invalid or unenforceable for any reason, that provision
shall be enforced to the maximum extent permissible, and
the other provisions of this Agreement shall remain in full
force and effect. If any provision of this Agreement is
held illegal, invalid or unenforceable, it shall be replaced,
to the extent possible, with a legal, valid, and unenforceable
provision that is similar in tenor to the illegal, invalid,
or unenforceable provision as is legally possible. To the
extent that anything in or associated with this Website
is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination
of this Agreement. The title, headings and captions of this
Agreement are provided for convenience only and shall have
no effect on the construction of the terms of this agreement.
Last updated June 2008
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