These Terms of Use (“Terms”) govern your use of https://www.engagingnewmedia.com/ (the “Site”), provided by Engaging New Media, LLC (the “Company,” “we,” “us” or “our”). These Terms represent a binding contract between the Company and you. By accessing the Site, you expressly agree to be bound by them. If you do not agree to be bound by the Terms, you may not use the Site.
Please note the arbitration provision set forth below, which, except where and to the extent prohibited by law, requires you to arbitrate any claims you may have against the Company on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity.
By using the Site, you agree to the following terms:
- You shall not copy, store, redistribute, decompile, reverse-engineer, reproduce, transmit, modify, alter, emulate or disassemble any part of the Site in any way, or create derivative works thereof.
- You shall not access or search the Site by any means other than our publicly supported interfaces (for example, “scraping”).
- You shall not violate or attempt to violate our security features, including logging into a server that you are not authorized to access or probing the vulnerability of our systems and networks.
- You shall not use the Site to harass, harm, threaten, abuse, or defame other users.
- You shall not use the Site to violate or encourage others to violate any local, state, national or international law, regulation, or order.
- You shall not infringe any copyright, trademark, trade secret, patent or other right of any party.
- You shall not participate on the Site in any manner that consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
The Site and its content, features, and functionality, including, without limitation, [information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, and the design, selection, and arrangement thereof] (collectively, the “Company Content”), are the exclusive property of the Company, our licensors, or other content suppliers, and are protected by United States copyright, trademark, patent, and other intellectual property or proprietary rights laws. They may not be used or exploited in any way without our prior written consent.
You may download information from the Site and print out a hard copy for your personal use, provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or the Company Content, in whole or in part, including any text, images, audio, and video, in any manner, without the prior written authorization of the Company or any applicable third-party suppliers. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help protect our proprietary and intellectual property rights.
We are providing you with access to the Site pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use the Site for personal, non-commercial use, and subject to these Terms. This license is available to you as long as you are not barred from the Site by applicable law. If these Terms are not enforceable where you are located, you may not use the Site. The Company reserves all rights, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
The Site may contain links to other websites. We are not responsible for the availability of these external websites nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on such external websites.
We respect your privacy. Your submission of personal information through the Site is governed by our Privacy Policy
To the fullest extent permitted by law, and except for the rights granted to consumers under applicable laws, the Site and its content are provided “as is.” The Company makes no representations or warranties regarding the Site, its content, or any communications on the Site. This includes, but is not limited to, any website or other content accessible directly or indirectly through the Site.
The Company expressly disclaims any implied warranties regarding the Site and all associated software, content, and services, including warranties of merchantability, satisfactory quality, accuracy, timeliness, fitness for a particular purpose, or non-infringement.
No oral or written information or advice provided by the Company or its representatives creates a warranty. The Company does not guarantee that the Site will meet your requirements, be error-free, reliable, or available at all times. Additionally, there are no guarantees that services obtained through the Site will be effective, reliable, accurate, or meet your needs.
Access to and use of the Site is not guaranteed at all times or locations of your choosing. The Company does not endorse or warrant the accuracy or reliability of any opinion, information, advice, or statement on the Site. Under no circumstances will the Company be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information or content available. Professional advice should be sought when necessary.
To the fullest extent permitted by law, and except for the rights granted to consumers under applicable laws, the Company will not be liable for any damages or liabilities arising from your use of the Site, whether in contract, warranty, tort (including negligence), product liability, or otherwise. This includes, but is not limited to, direct, incidental, indirect, special, or consequential damages (such as loss of data, revenue, profit, or damages resulting from personal injury or wrongful death), even if the Company has been advised of the possibility of such damages.
This limitation of liability applies to damages arising from:
- Use of or inability to use the Site.
- Cost of procurement of substitute goods and services.
- Unauthorized access to or alteration of your transmissions by third parties.
- Third-party content made available through the Site.
- Any other matter relating to the Site.
When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of the Company, its partners, advertisers, sponsors, or any other third party mentioned on the Site. Consequently, the Company assumes no liability for delays, failures, interruptions, or corruption of any data or information transmitted in connection with the use of the Site.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Except where and to the extent prohibited by law, by using the Site, you and the Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to: (i) Engaging New Media, LLC, at P.O. Box 381, Garden City 11530 or (ii) you, at the address we have on file for you.
Both parties agree that this dispute resolution procedure must be completed before initiating any litigation or filing any claim against one another. If the Dispute cannot be resolved through this procedure, you agree that the sole and exclusive jurisdiction for such Dispute will be determined by binding arbitration on an individual basis. This means you waive your right to a judge or jury, and you may not proceed as part of a class, consolidated, or representative action. Arbitration rights, including discovery and appeal, will be limited compared to those available in court. All disputes will be submitted exclusively to JAMS (www.jamsadr.com) for binding arbitration under its rules in effect at that time, before a mutually agreed arbitrator.
The arbitrator will have exclusive authority to resolve any disputes related to the interpretation, applicability, enforceability, or formation of these Terms, including any claims that any part of these Terms is void or voidable.
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes or claims not subject to the arbitration provision outlined above shall be resolved by a court located in New York, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claims or actions.
The Company reserves the right to modify these Terms at any time. The “Last Updated” date will be updated accordingly. Users will be notified of any material changes through a posting on the Site. The Company has the right to terminate these Terms immediately for any user deemed unacceptable or in the event of any breach of these Terms.
For any questions, comments, or concerns regarding these Terms, please contact us via email at contact@engagingnewmedia.com.