Terms of Use

Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing the NJSAR.org Website.

Effective Date: This Terms of Use Agreement was last updated on February 24, 2015.

This Terms of Use Agreement sets forth the standards of use of the NJSAR Online Service (“Service”) wholly owned by New Jersey Search and Rescue® Inc., operating as NJSAR™ (“NJSAR”), a New Jersey 501(c)(3) Non-Profit Corporation. By using the NJSAR.org™ website you (“The User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the NJSAR.org website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. You must be over 18 to agree to this agreement and use this site
This Agreement must be thoroughly reviewed and agreed to by a person over 18. If you are not yet 18, if you are easily offended, or you are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.

2. Description of Service
NJSAR is providing The User with access to the NJSAR.org website. The User must provide (1) all equipment necessary for their own internet connection, including computer and modem and (2) provide for The User’s access to the internet, and (3) pay any fees that relate with such connection.

3. Responsibilities
Members are responsible for maintaining accurate profile account information at all times including a valid email address. Members are responsible for keeping their passwords and all other information about their NJSAR account confidential. NJSAR is entitled to act on instructions conveyed by any User utilizing your username and password. NJSAR is not responsible for any change of account information by someone other than you who uses your username and password. NJSAR is not responsible for any losses or liabilities incurred through the use of your account by an authorized or unauthorized third party. Members are responsible for regularly reviewing their accounts to verify their accuracy.

4. Disclaimer of Warranties
The site is provided by NJSAR on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, NJSAR makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. NJSAR shall have no liability for any interruptions in the use of this Website. NJSAR disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

5. Limitation of Liability
NJSAR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR NJSAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF NJSAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

6. Indemnification
The User agrees to indemnify and hold NJSAR, its parents, 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 The User’s use of the Service, the violation of this Agreement, or infringement by The User, or other user of the Service using The User’s computer, of any intellectual property or any other right of any person or entity.

7. Modifications and Interruption to Service
NJSAR reserves the right to modify or discontinue the NJSAR Service with or without notice to The User. NJSAR shall not be liable to The User or any third party should NJSAR exercise its right to modify or discontinue the Service. The User acknowledges and accepts that NJSAR does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. 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 agreements and privacy policies of their respective sites, and we are not responsible therein. We encourage The User to review said privacy policies of third-parties’ sites.

9. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While NJSAR makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

NJSAR makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

10. Governing Jurisdiction of the Courts of New Jersey, USA
Our website is operated and provided in the State of New Jersey. As such, we are subject to the laws of the State New Jersey, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New Jersey.

11. Compliance with Laws
The User assumes all knowledge of applicable law and is responsible for compliance with any such laws. The User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. The User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

12. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©1987 – 2015 New Jersey Search and Rescue®, Inc. with all rights reserved, or is the property of New Jersey Search and Rescue®, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of NJSAR is strictly prohibited. The User agrees to not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of NJSAR.

New Jersey Search and Rescue®, Inc., NJSAR™ and NJSAR.org™ are proprietary marks of NJSAR. NJSAR’s trademarks may not be used in connection with any product or service that is not provided by NJSAR, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NJSAR.

All other trademarks displayed on NJSAR’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with NJSAR.

13. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, NJSAR.org designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Kristen Ryan
New Jersey Search and Rescue Inc.
PO Box 14
Mahwah, NJ 07430

By Email: Info@NJSAR.org

14. Botnets
NJSAR retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, NJSAR reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

15. Other Terms 
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by NJSAR, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as The User. The User agrees that by accepting this Terms of Use Agreement, The User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement above.