Terms of Use

WEBSITE TERMS AND CONDITIONS Last updated February 21, 2020 AGREEMENT TO TERMS These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of user (“you”) and Princeton Windrows Condominium Association Inc., its subsidiaries, agents and assigns (“we,” “us” or “our”), concerning your access to and use of https://www.princetonwindrows.com/ as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”). You agree that by accessing the Website, you have read, understood, and agree to be bound by all Terms and Conditions. If you do not agree with all Terms and Conditions, then you are expressly prohibited from using the Website and must discontinue use immediately. Supplemental terms and conditions or documents that may be posted on the Website from time to time and are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason without advance notice. We will however notice changes by updating the “Last updated” date of these Terms and Conditions at the top of page, and you waive any right to receive specific notice of such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted changes in any current or updated Terms and Conditions evidenced by your continued use of the Website at the date and time Terms and Conditions are posted. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration or legal requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from any location does so on their own initiative and are solely responsible for any violations or required compliance with all imposed laws or regulations therein, if and to the extent said laws are applicable. The Website is intended for users by the general public for knowledge and information pertinent to services we provide. All users that are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, a parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to use. INTELLECTUAL PROPERTY RIGHTS Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, Content and Marks. USER REPRESENTATIONS By using the Website, you warrant, represent and agree: · All information you submit is true, accurate, current, and complete; and that you will maintain the accuracy of such information and promptly update such information as necessary; · You have the legal capacity to agree and you do agree to comply with these Terms and Conditions; · You will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; · You will not use the Website for any illegal, unintended or unauthorized purpose; · Your use of the Website will not violate any law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account, ability to access and use the Website or any portion thereof. USER REGISTRATION You may obtain a username and password to access the Website. You agree to keep your username and password confidential and accept that you are solely responsible for use of your account and password including any and all violations possibly committed therein within or beyond your control. We reserve the right to remove, reclaim, restrict or change any username and password at any time without notice if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable or that use via said username is objectionable, concerning or unusual in any way. PROHIBITED ACTIVITIES You may not access or use the Website for any purpose other than for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Website, you agree not to: · retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; · Make any unauthorized use of the Website, including collecting usernames, passwords or email addresses of users by electronic or any other means for any purpose including but not limited to the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses; · Use a buying agent or purchasing agent to make purchases on the Website; · Use the Website to advertise, advance or offer to sell or provide any good or service; · Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use of any Content or enforce limitations on use of the Website or Content therein; · Engage in unauthorized framing of, mirroring or linking to the Website; · Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as but not limited to user names and passwords; · Make improper use of our support services or submit false reports of abuse or misconduct; · Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; · Interfere with, disrupt, or create an undue burden on the Website, the network or services connected to the Website; · Attempt to impersonate another user or person or use the username of another user; · Sell or otherwise transfer your username without prior written consent from us; · Use any information obtained from the Website to harass, abuse, or harm another person; · Use the Website to compete with us or otherwise use the Website or Content for any revenue-generating endeavor or commercial enterprise; · Decipher, decompile, disassemble, or reverse engineer any of the software consisting of or comprising any part of the Website; · Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion thereof; · Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website; · Deface, edit, revise any portion of the Website including but not limited to removing any copyright or other proprietary rights notice from any Content; · Copy or adapt the Website source code or software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; · Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with use, features, functions, operation, or maintenance of the Website; · Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (commonly known as “spyware” or “passive collection mechanisms” or “pcms”); · Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software; · Disparage, tarnish, or otherwise harm, in our opinion, us or the Website; · Use the Website in a manner inconsistent with any law or regulation. THIRD-PARTY WEBSITES AND CONTENT The Website does and may contain (or you may be linked, directed or sent via the Website) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, investigated or audited for accuracy, appropriateness or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Website, related cookies or any Third-Party Content does not imply reliability, safety, approval or endorsement by us. If you decide to leave the Website and access the Third-Party Websites, use or install any Third-Party Content, you do so at your own risk, and are aware these Terms and Conditions no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any website you navigate to from the Website or relating to any applications you use or install from the Website. Any transaction made through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such transaction exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse any information, product or service offered on any Third-Party Website and you agree to hold us harmless from any damage caused by your exchanges with any third-party. Additionally, you agree to hold us harmless from any loss sustained by you or harm caused to you caused by any Third-Party Content or contact with Third-Party Websites. ADVERTISERS We allow advertisers to display information in certain areas of the Website, such as footers and possibly sidebar advertisements or banner advertisements. If you are an advertiser, you take full responsibility for any communication, link or information you place on or direct from the Website and any service provided on or through the Website or any product sold. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place information on the Website, including, but not limited to, those which relate to intellectual property, publicity rights and contractual rights owned by you or others. SITE MANAGEMENT We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. PRIVACY POLICY Please review our Privacy Policy posted on the Website. By using the Website, you are bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Website is hosted in the United States. If you access the Website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY Notifications We respect intellectual property rights of others. If you believe that any material available on or through the Website infringes any copyright own or controlled by you or someone else, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website infringes copyright, you should consider first contacting an attorney. All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon. Counter Notification If you believe your own copyrighted material has been removed from the Website as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (6) your physical or electronic signature. If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury. Designated Copyright Agent Princeton Windrows Attn: COPYRIGHT AGENT 2000 Windrow Drive Princeton, NJ 08540 INTELLECTUAL PROPERTY INFRINGEMENTS We respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes or implicates any intellectual; property right you own or control or which is otherwise owned or controlled by another, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website is infringing, you should consider first contacting an attorney. TERM AND TERMINATION These Terms and Conditions shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU COPIED, POSTED OR MAINTAINED, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website. We do not guarantee the Website will be available at all times. We may purposefully shut down or bring off line the Website or we may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree we have no liability whatsoever for any loss, damage or inconvenience caused by your use or inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith. GOVERNING LAW These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the State of New Jersey, without regard to its conflict of law principles. DISPUTE RESOLUTION To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute within 40 days before commencing or initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other. Binding Arbitration If the Parties are unable to resolve a Dispute through negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Middlesex County, New Jersey, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. CORRECTIONS There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to the Website, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice. DISCLAIMER THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your actions; (2) use of the Website; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user you communicated via the Website. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. USER DATA We will maintain certain data you transmit to the Website for the purpose of managing the Website, as well as data relating to use of the Website. Although we perform regular routine backups of data, you are solely responsible for data you communicate or that relates to you or any activity you have undertaken. You agree we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. MISCELLANEOUS These Terms and Conditions and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the
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