TERMS OF USE AGREEMENT

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Legal Notice, Disclaimer and Terms

This Legal Notice, Disclaimer and Terms (these "Terms") explains the contractual agreement between you and New Jersey Press Association, Inc. ("NJPA") regarding your use of the Public Notice Database www.njpublicnotices.com and other content on the NJPA’s web site located at www.njpa.org (the "NJPA Web Sites"), and can be updated by us from time to time. NJPA has provided the NJPA Web Sites as a public service for use by the general public to review certain public notices in the State of New Jersey. By agreeing to the Terms, you acknowledge that you desire and are authorized to enter into this legal relationship with NJPA.

1. ACCEPTING THE TERMS
By using the NJPA Web Sites, you agree to the provisions contained in these Terms which govern your use of NJPA services. If you have any questions about these Terms, please contact us at gwhite@njpa.org, or call us at (609) 406-0600 (X 30).

2. UPDATES TO THESE TERMS AND NJPA WEB SITES
(a) NJPA may amend these Terms at any time by posting amended Terms on the NJPA Web Sites. The amended Terms shall be effective on the date such amendments are posted. NJPA may also add, delete or modify some or all of its services, including without limitation, services related to offering Public Notices, at any time.

(b) NJPA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the NJPA Web Sites (or any part thereof) with or without notice. You agree that NJPA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the NJPA Web Sites.

3. LINKS TO THIRD-PARTY SITES AND THIRD PARTY CONTENT
The NJPA Web Sites may provide links to other World Wide Web sites or resources. Because NJPA has no control over such sites and resources, you acknowledge and agree that NJPA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NJPA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

4. ADVERTISING AND PROMOTIONS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the NJPA Web Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NJPA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the NJPA Web Sites.

5. DISQUALIFICATION AND TERMINATION
You agree that NJPA, in its sole discretion, may disqualify you at any time from using the NJPA Web Sites for any reason, including, without limitation, if NJPA believes that you have violated or acted inconsistently with the letter or spirit of the Terms. NJPA may also in its sole discretion and at any time discontinue providing the NJPA Web Sites, or any part thereof, with or without notice. You agree that NJPA shall not be liable to you or any third-party for any termination of your access to the NJPA Web Sites.

6. RESALE OF SERVICE; USE AND STORAGE
(a) The Public Notices, information, artwork, video, audio, text and pictures ("Content") contained on the NJPA Web Sites are protected by copyright laws. You may only access and use the Content for personal or educational purposes. You may print Content on the NJPA Web Sites for personal or educational purposes only, and you must include any copyright notice originally included with the Content in all copies. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the NJPA Web Sites (including without limitation the Public Notices), use of the NJPA Web Sites, or access to the NJPA Web Sites. (b) You acknowledge that NJPA may establish general practices and limits concerning use of the NJPA Web Sites and the Public Notices posted thereon in its sole discretion. You further acknowledge that NJPA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

7. PROPRIETARY RIGHTS
You acknowledge and agree that the NJPA Web Sites and any necessary software used in connection with the NJPA Web Sites ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the NJPA Web Sites or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NJPA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the NJPA Web Sites or the Software, in whole or in part. NJPA grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the NJPA Web Sites. You agree not to access the NJPA Web Sites by any means other than through the interface that is provided by NJPA for use in accessing the NJPA Web Sites.

8. JURISDICTION GOVERNING LAW
The NJPA Web Sites (excluding linked sites) is operated by NJPA from its offices within the State of New Jersey, United States of America. NJPA does not claim that materials on the NJPA Web Sites are appropriate or available for use in locations other than New Jersey. If you choose to access this site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws. As each of these locations has laws that may differ from those of New Jersey, by accessing the NJPA Web Sites, you agree that these Terms and your use of the NJPA Web Sites shall be governed in all respects by the laws of the State of New Jersey. In any legal action relating to these Terms, you and NJPA agree to file such action only in Mercer County, New Jersey or the United States District Court for New Jersey, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action.

9. REPRESENATIONS AND WARRANTIES
You represent and warrant to NJPA that: (a) if you are an entity, you are duly organized and validly existing under the laws of the state of your organization and have all requisite power and authority to execute and deliver, and to perform all of your obligations under these Terms; (b) your performance of the requirements of these Terms and the transactions contemplated hereby will not, with or without giving of notice, the lapse of time, or both, conflict with or violate any provision of law, rule or regulation, or any agreement to which you are a party; and (c) you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the NJPA Web Sites.

10. PRIVACY
(a) NJPA respects your privacy and values your trust. NJPA strives to earn your confidence so that you can enthusiastically use NJPA's web site and services, and recommend NJPA to business colleagues, friends and family. NJPA does not collect the names or addresses of users of the NJPA Web Sites except for smart search subscribers. NJPA does not sell, rent or barter mailing lists of users. NJPA does not disclose users' names, addresses, or other personally identifying information unless required by law. NJPA does not reveal users' names, addresses, or other personally identifying information to any promotional partner unless a user affirmatively responds to a promotional offer, or otherwise manifests consent to receive such information.

(b) NJPA may collect and reveal general, non-personal data about the NJPA Web Sites. Any changes to this privacy policy will be communicated through the NJPA Web Sites at least 10 days in advance of implementation. Information collected before changes are made will be secured according to the old privacy policy.

11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE NJPA WEB SITES IS AT YOUR SOLE RISK. THE NJPA WEB SITES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NJPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) NJPA MAKES NO WARRANTY THAT (i) THE NJPA WEB SITES WILL MEET YOUR REQUIREMENTS, (ii) THE NJPA WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NJPA WEB SITES WILL BE ACCURATE, RELIABLE OR COMPLETE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE NJPA WEB SITES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IN ANY SITUATION WHERE THE OFFICIAL PRINTED DOCUMENT DIFFERS FROM THE INFORMATION CONTAINED ON THE NJPA WEB SITES, THE OFFICIAL PRINTED DOCUMENT TAKES PRECEDENT.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NJPA WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NJPA OR THROUGH OR FROM THE NJPA WEB SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12. INDEMNIFICATION
You agree to indemnify and hold NJPA, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless for, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your breach of any of your representations, warranties or obligations hereunder, (b) your use of the NJPA Web Sites, (c) your connection to the NJPA Web Sites, or (d) or your violation of any rights of another. NJPA reserves the right to report any wrongdoing, if NJPA becomes aware of it, to the applicable government agencies or otherwise.

13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NJPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NJPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE NJPA WEB SITES; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NJPA WEB SITES; OR (d) ANY OTHER MATTER RELATING TO THE NJPA WEB SITES. UNDER NO CIRCUMSTANCES SHALL NJPA BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR RELIANCE ON, THE CONTENT, THE USE OF THE NJPA WEB SITES OR OTHERWISE.

14. OTHER GENERAL PROVISIONS
Except as explicitly stated otherwise or required by law, you shall provide any notices to NJPA by e-mail to gwhite@NJPA.org. These Terms constitute the entire agreement between NJPA and you and govern your use of the NJPA Web Sites, superceding any prior agreements between you and NJPA. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. NJPA's failure to act with respect to a breach by you or others does not waive NJPA's right to act with respect to subsequent or similar breaches. By using NJPA's services and the NJPA Web Sites, you represent and warrant that you can form legally binding contracts under applicable law. These Terms and all writings incorporated by reference into the Terms, set forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the NJPA Web Sites must be filed within one (1) year after such claim or cause of action arose or be forever barred. You and NJPA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

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