Terms of Use
C&A Marketing, Inc. and its subsidiaries and affiliates (collectively, the “Company”) appreciate your interest in our brands and in visiting our website (“Site”). The following terms and conditions set forth the basic rules that govern your use of our Site and our subscription services should you decide to sign up for a newsletter at the space provided on the Site (collectively, the “Services”).
Your use of this Site indicates that you have read, accepted and agreed to these Terms of Use (“Terms”) and any other applicable document referred to herein. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
Each time you use this Site, the current version of these Terms will apply. The Company may change, edit, delete or revise portions of this Site at any time without notice. Accordingly, when you use this Site, you should check the date of these Terms and review any changes since the last version.
These Terms give you specific legal rights, but you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions may not apply to you.
(d) The Company has no obligation to update, amend or clarify information on this Site. The information contained herein had been abbreviated and may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete. Any news releases contained on this Site are dated to indicate the last time such information was modified by the Company. No other specified date or refresh date applied in this Site should be taken to indicate that information contained in archived press releases was updated past its initial publication date. The Company undertakes no obligation to update, amend or clarify previously published press releases.
(a) Unless specifically requested by the Company in writing, please do not send the Company any creative or original concepts, ideas, materials or products, or confidential or proprietary information. You acknowledge and agree that all information submitted to the Company through this Site or any other channel shall constitute an assignment to the Company of all worldwide rights, titles and interest in all intellectual properties in the submission and shall not be limited in any way in its use, commercial or otherwise, of the same. The Company is and shall be under no obligation to maintain the confidence of such submissions, to pay any compensation therefor, or to respond to you.
(b) You are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. Hence, you represent and warrant that you have all rights necessary to do so, and in the manner in which you choose to do it. The Company reserves the right to remove any content that involve or affect the Company’s intellectual property rights and reputation at any time. The Company’s Intellectual Property Guidelines are referenced herein and made an integral part of these Terms.
(c) You do not have the right to:
(i) Access information, services or other products that are not intended for your use;
(ii) Use this Site or any of the Company’s other communication tools to violate any law, regulation, court order or contract by which you are bound for any purpose that is tortious, abusive, intrusive of another person’s privacy, libelous, defamatory, embarrassing, obscene, immoral, threatening, racist, hateful or that constitutes harassment
(iii) Probe, scan or test the vulnerability of any system or network related in any way to this Site;
(iv) Breach any security or authentication measures;
(v) Transmit data that contains viruses, worms, spyware, adware or any other code that adversely affects the operation of this Site or otherwise interferes with service to any host, network, or other user;
(vi) Violate or attempt to violate the security of this Site;
(a) Products bearing the Company’s trademarks are sold in the United States and worldwide through retailers, distributors and licensees. Availability of any products displayed or described in this Site is subject to the supply of each particular retailer, distributor or licensee. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of the Company. The Company reserves the right to discontinue any product at any time.
(b) Our internet operations are established to sell products to end-consumers only. We do not sell products on our online platforms to customers who intend to re-sell or export the products, and any such resale is strictly prohibited. You must contact us for a special commercial arrangement involving such activities.
(b) Product warranties accompany each product purchased. Unless otherwise stated, the following generally constitutes the Company’s product warranty.
LIMITED WARRANTY ON THE COMPANY’S PRODUCT
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY STATEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
WHO MAY USE THIS WARRANTY? C&A Marketing, Inc. located at 114 Tived Lane East, Edison, NJ (“we”) extend this limited warranty only to the consumer who originally purchased the product (“you”). It does not extend to any subsequent owner or other transferee of the product.
WHAT DOES THIS WARRANTY COVER? This limited warranty covers defects in materials and workmanship of the Product for the Warranty Period as defined below.
WHAT DOES THIS WARRANTY NOT COVER? This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
WHAT IS THE PERIOD OF COVERAGE? This limited warranty starts on the date of your purchase and lasts for one year (the “Warranty Period”). The Warranty Period is not extended if we repair or replace the product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY? With respect to any defective product during the Warranty Period, we will, at our sole discretion, either: (a) repair or replace such product (or the defective part) free of charge or (b) refund the purchase price of such product if an exchange unit cannot be provided. Refunds are issued after the item has been returned.
HOW DO YOU OBTAIN WARRANTY SERVICE? To obtain warranty service, you must contact us at the following during the Warranty Period to obtain a Defective Merchandise Authorization (“DMA”) number:
BrandPhoneEmail
IVATION(866) 849 3049info@myivation.com
JUMBL(866) 849 3049info@itsjumbl.com
LIL’ JUMBL(866) 849 3049info@liljumbl.com
ARF PETS(877) 711 6886support@arfpets.com
VOKAI1 888 390 7639vokai@camarketing.com
LYXPRO(866) 849 3049info@lyxpro.com
GOLD’S GYM(844) 294 5268goldsgymsupport@caglobal.com
STANLEY(844) 348 2959stanleysupport@camarketing.com
LIVEFINE1 888 390 7622supportlfc@camarketing.com
No warranty service will be provided without a DMA number and return shipping costs to our facilities shall be assumed by you, the purchaser. Shipping costs of the replacement unit to you shall be assumed by us.
Warranty information on SKYMALL, RITZCAMERA, RITZPIX, RITZGEAR, ZINK, and other brands and/or products of the Company shall be as indicated on their dedicated websites, such as www.skymall.com, www.ritzcamera.com, and www.zink.com, respectively.
In case of conflict between the terms stated under this subsection and those under the warranty that accompany the product that you purchased, the latter shall prevail.
(C) NO COMPANY EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH RESPECT TO THIS SITE, THE CONTENT APPEARING THEREON, OR THE PRODUCTS SOLD BY THE COMPANY. THE COMPANY MAY REVISE OR DELETE THIS SITE OR ITS CONTENT, IN WHOLE OR IN PART, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
YOU AGREE TO HOLD THE COMPANY FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, INCURRED BY THE COMPANY AND ITS AFFILIATES AND SUPPLIERS ARISING FROM OR RELATED TO YOUR USE OF THIS SITE.
The Company is committed to protecting your privacy when you visit this Site. For information on how information is collected, used, or disclosed by the Company in connection with your use of this Site, please refer to our Privacy Policy which is incorporated into these Terms by reference and made an integral part hereof.
(b) These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Site and Services shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for the Middlesex County of New Jersey for the purpose of litigating all such claims or disputes. When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all terms, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(c) These Terms constitute the entire agreement between you and the Company regarding the use of the Site and Services. Any failure by the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Waivers are effective only if in writing and signed by a duly authorized officer of the Company. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(d) The obligations in these Terms will survive any expiration or termination thereof.
(e) These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without the Company’s prior written consent. These Terms may be assigned by the Company without restriction. These Terms are binding upon any permitted assignee.
Date last updated: October 17, 2017
Your use of this Site indicates that you have read, accepted and agreed to these Terms of Use (“Terms”) and any other applicable document referred to herein. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
Each time you use this Site, the current version of these Terms will apply. The Company may change, edit, delete or revise portions of this Site at any time without notice. Accordingly, when you use this Site, you should check the date of these Terms and review any changes since the last version.
These Terms give you specific legal rights, but you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions may not apply to you.
- Ownership and Intellectual Property
- The text, images, graphics, video and/or audio files and their arrangement on this Site are the property of the Company and its licensors and are subject to trademark, copyright and other types of protection. Such content may not be copied for commercial use or distribution, nor may the content be modified or posted on other sites. You must obtain a license from the Company for these types of activities. Please refer to our Intellectual Property Guidelines for more information.
- Access to and use of this Site are intended by the Company solely for your personal information, education and communication to the Company at the addresses indicated on the Site. Hence, the Company grants you a non-exclusive, non-sub-licensable and non-transferable license to use its content solely for non-commercial use and for no other purpose. The Company (or such third party that may own the displayed trademark) retains all rights, title and interests in the content and all other features of this Site.
- The Services may contain images of and links to other websites and online resources and you understand that by using the same and accessing third party links, you may be exposed to content that is offensive, harmful, inaccurate, or otherwise inappropriate. You understand and agree that the Company is not responsible or liable for said content, or the availability or accuracy of such websites or resources. Links to such content, websites or resources do not imply any endorsement by the Company. Hence, you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
(d) The Company has no obligation to update, amend or clarify information on this Site. The information contained herein had been abbreviated and may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete. Any news releases contained on this Site are dated to indicate the last time such information was modified by the Company. No other specified date or refresh date applied in this Site should be taken to indicate that information contained in archived press releases was updated past its initial publication date. The Company undertakes no obligation to update, amend or clarify previously published press releases.
- Visitor Activities
(a) Unless specifically requested by the Company in writing, please do not send the Company any creative or original concepts, ideas, materials or products, or confidential or proprietary information. You acknowledge and agree that all information submitted to the Company through this Site or any other channel shall constitute an assignment to the Company of all worldwide rights, titles and interest in all intellectual properties in the submission and shall not be limited in any way in its use, commercial or otherwise, of the same. The Company is and shall be under no obligation to maintain the confidence of such submissions, to pay any compensation therefor, or to respond to you.
(b) You are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. Hence, you represent and warrant that you have all rights necessary to do so, and in the manner in which you choose to do it. The Company reserves the right to remove any content that involve or affect the Company’s intellectual property rights and reputation at any time. The Company’s Intellectual Property Guidelines are referenced herein and made an integral part of these Terms.
(c) You do not have the right to:
(i) Access information, services or other products that are not intended for your use;
(ii) Use this Site or any of the Company’s other communication tools to violate any law, regulation, court order or contract by which you are bound for any purpose that is tortious, abusive, intrusive of another person’s privacy, libelous, defamatory, embarrassing, obscene, immoral, threatening, racist, hateful or that constitutes harassment
(iii) Probe, scan or test the vulnerability of any system or network related in any way to this Site;
(iv) Breach any security or authentication measures;
(v) Transmit data that contains viruses, worms, spyware, adware or any other code that adversely affects the operation of this Site or otherwise interferes with service to any host, network, or other user;
(vi) Violate or attempt to violate the security of this Site;
- Breach any other obligations in these Terms or any other document applicable to you;
- Remove, obscure or alter any proprietary rights shown on or along with the Services; or
- Product and Pricing Information
(a) Products bearing the Company’s trademarks are sold in the United States and worldwide through retailers, distributors and licensees. Availability of any products displayed or described in this Site is subject to the supply of each particular retailer, distributor or licensee. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of the Company. The Company reserves the right to discontinue any product at any time.
(b) Our internet operations are established to sell products to end-consumers only. We do not sell products on our online platforms to customers who intend to re-sell or export the products, and any such resale is strictly prohibited. You must contact us for a special commercial arrangement involving such activities.
- Limitation of Liability
- THIS SITE AND THE CONTENT PROVIDED ON THIS SITE ARE PROVIDED “AS IS” AND THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO ITS USE, AVAILABILITY, ACCURACY OR PERFORMANCE. AS A VISITOR, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE AND ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE AND THE COMPANY MAKES NO REPRESENTATION THAT THE CONTENT IS COMPATIBLE WITH YOUR COMPUTER. THE COMPANY OR ITS AFFILIATES OR SUPPLIERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Product warranties accompany each product purchased. Unless otherwise stated, the following generally constitutes the Company’s product warranty.
LIMITED WARRANTY ON THE COMPANY’S PRODUCT
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY STATEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
WHO MAY USE THIS WARRANTY? C&A Marketing, Inc. located at 114 Tived Lane East, Edison, NJ (“we”) extend this limited warranty only to the consumer who originally purchased the product (“you”). It does not extend to any subsequent owner or other transferee of the product.
WHAT DOES THIS WARRANTY COVER? This limited warranty covers defects in materials and workmanship of the Product for the Warranty Period as defined below.
WHAT DOES THIS WARRANTY NOT COVER? This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
WHAT IS THE PERIOD OF COVERAGE? This limited warranty starts on the date of your purchase and lasts for one year (the “Warranty Period”). The Warranty Period is not extended if we repair or replace the product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY? With respect to any defective product during the Warranty Period, we will, at our sole discretion, either: (a) repair or replace such product (or the defective part) free of charge or (b) refund the purchase price of such product if an exchange unit cannot be provided. Refunds are issued after the item has been returned.
HOW DO YOU OBTAIN WARRANTY SERVICE? To obtain warranty service, you must contact us at the following during the Warranty Period to obtain a Defective Merchandise Authorization (“DMA”) number:
BrandPhoneEmail
IVATION(866) 849 3049info@myivation.com
JUMBL(866) 849 3049info@itsjumbl.com
LIL’ JUMBL(866) 849 3049info@liljumbl.com
ARF PETS(877) 711 6886support@arfpets.com
VOKAI1 888 390 7639vokai@camarketing.com
LYXPRO(866) 849 3049info@lyxpro.com
GOLD’S GYM(844) 294 5268goldsgymsupport@caglobal.com
STANLEY(844) 348 2959stanleysupport@camarketing.com
LIVEFINE1 888 390 7622supportlfc@camarketing.com
No warranty service will be provided without a DMA number and return shipping costs to our facilities shall be assumed by you, the purchaser. Shipping costs of the replacement unit to you shall be assumed by us.
Warranty information on SKYMALL, RITZCAMERA, RITZPIX, RITZGEAR, ZINK, and other brands and/or products of the Company shall be as indicated on their dedicated websites, such as www.skymall.com, www.ritzcamera.com, and www.zink.com, respectively.
In case of conflict between the terms stated under this subsection and those under the warranty that accompany the product that you purchased, the latter shall prevail.
(C) NO COMPANY EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH RESPECT TO THIS SITE, THE CONTENT APPEARING THEREON, OR THE PRODUCTS SOLD BY THE COMPANY. THE COMPANY MAY REVISE OR DELETE THIS SITE OR ITS CONTENT, IN WHOLE OR IN PART, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
- Indemnification
YOU AGREE TO HOLD THE COMPANY FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, INCURRED BY THE COMPANY AND ITS AFFILIATES AND SUPPLIERS ARISING FROM OR RELATED TO YOUR USE OF THIS SITE.
- Privacy Statement
The Company is committed to protecting your privacy when you visit this Site. For information on how information is collected, used, or disclosed by the Company in connection with your use of this Site, please refer to our Privacy Policy which is incorporated into these Terms by reference and made an integral part hereof.
- 7. Fees and Payment
- General
(b) These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Site and Services shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for the Middlesex County of New Jersey for the purpose of litigating all such claims or disputes. When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all terms, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(c) These Terms constitute the entire agreement between you and the Company regarding the use of the Site and Services. Any failure by the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Waivers are effective only if in writing and signed by a duly authorized officer of the Company. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(d) The obligations in these Terms will survive any expiration or termination thereof.
(e) These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without the Company’s prior written consent. These Terms may be assigned by the Company without restriction. These Terms are binding upon any permitted assignee.
Date last updated: October 17, 2017