NOT AN EASY FIX INC.

TERMS OF USE

Last Updated: April 9, 2022

 

TERMS OF USE

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This Site is owned or controlled by Not An Easy Fix, Inc. a New Jersey 501(c)(3) non-profit corporation (hereafter “NAEF”). You may download content only for your personal, non-commercial purposes, but no modification or further reproduction of the content is permitted without NAEF’s written consent. By using NAEF’S website, www.notaneasyfix.org (the “Site”), you are accepting these Terms of Use and represent that you have read and understood them.  

 

NAEF uses reasonable efforts to include up-to-date and accurate information on this Site, but makes no representations, warranties, or assurances as to the accuracy or completeness of the information provided. NAEF shall not be liable for any damages or injury resulting from your access to, or inability to access this Site, or from your reliance on any information or content provided at this Site.

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This Site provides links and references to other sites, but NAEF has no responsibility for the content of other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided merely as a convenience to the users of this Site. Please be aware that NAEF does not control other websites and that these Terms of Use and/or NAEF’s Privacy Policy do not apply to those websites. We encourage you to read the terms of use and the privacy policy of every website you visit.

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USE BY CHILDREN

This Site is not intended for children under the age of 13. NAEF will not knowingly collect information from Site visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose to Web sites.

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SITE AVAILABILITY

This Site may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.

 

OUR RIGHT TO USE YOUR CONTENT

NAEF may use content you have sent to us (e.g., photographs, names, comments) in a number of different ways, including publicly displaying the content on this Site and elsewhere (e.g., live events), and may reformat it, incorporate it into other works, and create derivative works from it. As such, you hereby irrevocably grant us a world-wide, perpetual, non-exclusive, royalty-free, and transferable right to use of your content for such purposes.  By “use” we mean use, copy, publicly display, reproduce, transmit, modify, remove, and prepare derivative works of your content.

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YOUR REPRESENTATIONS CONCERNING CONTENT SENT

The sender of any communications, images, photographs, or other digital matter to this Site shall be responsible for the content and information submitted and/or contained therein, including its truthfulness and accuracy.

 

NAEF INTELLECTUAL PROPERTY

NAEF owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the NAEF Content and this Site, which are protected by copyright, trade dress, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the NAEF content in whole or in part except as expressly authorized by NAEF. Except as expressly and unambiguously provided herein, NAEF does not grant you any express or implied rights, and all rights in and to the Site and the NAEF content are retained by NAEF.

 

INDEMNITY

You agree to indemnify, defend, and hold NAEF, its directors, officers, employees, and volunteers harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, and (iii) the infringement by you of any intellectual property or other right of any person or entity. NAEF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of NAEF. NAEF will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF NAEF TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT NAEF MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. NAEF MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, NAEF IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT ON THE SITE.

 

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

 

NAEF’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO $100.

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NAEF DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

 

CHOICE OF LAW AND VENUE

New Jersey law will govern these Terms of Use and NAEF’s Privacy Policy and its terms, as well as any claim, cause of action or dispute that might arise between you and NAEF (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN NEW JERSEY.

 

If you feel that NAEF is not abiding by this Policy, you should contact us immediately via email to info@notaneasyfix.org or via mail Attn: Privacy Officer, 3 Bridle Path LN, Hampton, N.J. 08827.

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