You understand and agree that the Web Site is public and is provided to you on an AS IS and AS AVAILABLE basis. Earl Jean reserves the right to modify, suspend or discontinue the Web Site with or without notice at any time and without any liability to you.
- User Conduct. User agrees that all the information accessed by User will be used only to allow the User to use the services offered by Earl Jean. You may use the Web Site for lawful purposes only. User agrees that all the information accessed will be used only for User’s personal purposes. User will not make any other unauthorized use of this Web Site, or any interactive features available on this Web Site. You agree that you are responsible for your own use of the Web Site, for any content you submit to Earl Jean, and for any consequences thereof.
- Termination. You agree that Earl Jean, in its sole discretion, may terminate your access to or use of the Web Site, at any time and for any reason, including without limitation if Earl Jean believes that you have violated or acted inconsistently with the letter or spirit of this Agreement through the use of or submission to the Web Site. Upon any such termination, your right to use the Web Site will immediately cease. You agree that any termination of your access to or use of the Web Site may be effected without prior notice, and that Earl Jean may immediately delete all information and files associated with it, and/or bar any further access to such information or files. You agree that neither Earl Jean nor any affiliated entity will be liable to you or any third party for any termination of your access to the Web Site or to any such information or files, or will be required to make such information or files available to you after any such termination.
- Corporate Identification and Trademarks. All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this Web Site are the property of Earl Jean, unless otherwise noted. User may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Earl Jean’s prior written permission. The use of Earl Jean Marks on any other web site, without authorization, is prohibited.
- Proprietary Rights to Content. All materials contained on the Web Site are protected by copyright law except where explicitly noted otherwise. All rights reserved.
- The Web Site contains copyrighted material, trademarks and other proprietary information, including data, text, software, photos, video and graphics (“Content”). YOU MAY USE THE SITE AND THE CONTENT OFFERED ON THE SITE ONLY FOR INTERNAL PURPOSES. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this Web Site or any portion of it. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Web Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
- Copyright Claims. To make a complaint about a copyright violation on the Web Site, click here.
- Links to Third Party Sites. At times, the Web Site may contain links to third-party web sites, which are not under the control of Earl Jean. Earl Jean makes no representations whatsoever about any other web site to which User may have access through the Web Site. When User accesses another web site, User does so at User’s own risk and acknowledges that Earl Jean is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Earl Jean shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site. Mention of third-party companies and web sites on the Web Site is for informational purposes only and does not constitute an endorsement or recommendation.
- Limitation of Liability. USER EXPRESSLY UNDERSTANDS AND AGREES THAT Earl Jean SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF Earl Jean HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.
- Disclaimer of Warranties. While every effort is made to insure accuracy, Earl Jean makes no warranty that the Web Site will meet User’s requirements or that it will be uninterrupted, timely, secure or error free; nor does Earl Jean make any warranty as to the results that may be obtained from the use of the Web Site or as to the accuracy or reliability of any information obtained through this Web Site. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
- UNLESS EXPRESSLY STATED OTHERWISE, Earl Jean PROVIDES THIS WEB SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.
- Indemnification. User agrees, at User’s expense, to indemnify, defend and hold harmless Earl Jean, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this Web Site or any product or service related thereto.
- Governing Law. This Agreement and the relationship between User and Earl Jean shall be governed by and construed in accordance with the laws of the New Jersey. Any controversy or claim arising out of or relating to this Agreement or relating to use of this Web Site and the material contained in this Web Site shall be resolved in a court in the New Jersey or the Federal Courts situated in such state.
- Waiver/Severability. The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which
will otherwise remain in full force and effect.
- Reservation of Rights. Any rights not expressly granted herein are reserved.
- Questions. For any questions, or legal concerns, please contact Earl Jean.