Terms of Use
The neverendingjar.com website (the “Site”) is owned and operated by NEJ, LLC. (hereinafter sometimes referred to as “NEJ”). The Terms of Use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use the Site. To the extent that rules and guidelines affecting your use of the Site are found elsewhere on other pages of the Site, those rules and guidelines are hereby incorporated by reference into these Terms of Use. By using this Site, you (hereinafter either “you” or “User”) agree to these Terms of Use. If you do not agree with these Terms of Use, you should immediately cease all usage of this Site. NEJ reserves the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check the Site regularly for changes to the Terms of Use. Modifications shall become effective immediately upon being posted on the Site without further notice to you. Your continued use of the Site after such modifications are posted constitutes an acknowledgement and acceptance of such modification(s). Except as provided in this paragraph, these Terms of Use may not be amended.
1. Description of Service. The Site features a wide array of intellectual property as well as news, information, audio, video, and user-generated content of interest to all Users (collectively “Content”). To the extent new Content, services or features are added to the Site in the future, the use thereof is subject to these Terms of Use as well.
2. Eligibility. Use of the Site and registration to be a User is void where prohibited. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site does not violate any applicable local, state, federal, or international law or regulation.
3. Term. These Terms of Use and any revision thereto shall remain in full force and effect while you use the Site.
4. Privacy Policy. Our Privacy Policy describes information we collect when you and others use this Site as well as how we use such information and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your Personal Information in accordance with our Privacy Policy.
5. Disclaimer of Warranties and Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEJ, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEJ, LLC IS NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FASILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSIONAL SETTINGS OR COMMUNICATIONS.
UNDER NO CIRCUMSTANCES WILL NEJ, LLC., ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON THIS SITE OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF NEJ, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCIBLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OFNEJ, LLC. ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
6. Indemnification. You agree to indemnify and hold NEJ, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Site, including, without limitation, your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of the Site using your computer or account.
7. Modification and Interruption to the Site. NEJ reserves the right to modify or discontinue all or any portion of the Site with or without notice to you. NEJ shall not be liable to you or any third party should NEJ exercise such right. You acknowledge and accept that NEJ does not guarantee continuous, uninterrupted or secure access to the Site, that the operation of the Site will not be uninterrupted or error-free, and that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of NEJ’s control.
8. Third-Party Sites. Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You hereby acknowledge that NEJ is not responsible for the availability of, or the content on or through, any third-party site(s). You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site and NEJ is not responsible for such terms of use and privacy policies or your use therefor. We encourage our Users to carefully review the terms of use and privacy policies of third-parties’ sites.
9. Your Obligations. As a condition of your right to use this Site, you represent that you are of legal age to enter into a contract and that you are not a person barred from visiting the Site and accessing the Content under the laws of any state or municipality in the United States (local and/or state law), the United States of America (federal law) or any other country. If you wish to register on our Site, you hereby agree to provide accurate, current, and complete personal data and information about yourself (such as name, age, E-mail address, etc.) as required by the applicable NEJ registration form. You hereby further agree that you will update such data to keep it accurate, current, and complete. NEJ reserves the right to suspend or terminate your use of the Site if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete, or untrue.
If you obtain a username and password from this Site, you may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and you are fully responsible for all activities that occur under your username and password. You agree to notify NEJ immediately of any known or suspected unauthorized use of your username and password or any other breach of security that you are aware of or suspect. NEJ cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.
If you are the parents of children under the age of 13, and you wish to allow your children access to the Site, you will be required to certify the following:
(1) that you are at least 18 years old,
(2) that you are the parent or legal guardian of the child/children desiring access to the Site,
(3) that you are aware of the Content on the Site, and
(4) that you consider the Content on the Site to be appropriate for your children and/or charges.
You are reminded that as your child’s legal guardian, you are responsible for determining whether or not any of the Content on the Site is, or is not, appropriate for your child.
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