Terms of Use Agreement ...
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SJ Hospitality, Inc.
2015 Highway 37 East
Toms River ,
New Jersey ,
08753
(732) 929-1188 |
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@rodewayinntomsriver.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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