Updated – 4/23/2012
NMM reserves the right, in its sole discretion, to change, modify, add to, or delete from these TOU at any time by posting a revised version of these TOU on this page. Each version of these TOU will indicate at the top of this page the date they were last revised. Your continued use of the Blog after any revised version of these TOU is posted constitutes your acceptance of the revised version.
If you do not understand these or any future TOU or if you do not or cannot agree to these or any future TOU, you are prohibited from accessing the Blog; please exit the Blog immediately and do not use or access (or continue to use or access) the Blog.
The contents of the Blog, such as text, graphics, images, and information, and other material contained on the Blog are for informational purposes only, and are not intended to be a substitute for professional legal advice. Always seek the advice of your attorney with any questions you may have regarding a legal matter.
NMM does not recommend or endorse any specific opinions or other information that may be mentioned on the Blog. Reliance on any information provided by NMM, NMM employees, others appearing on the Blog at the invitation of NMM, or other visitors to the Blog is solely at your own risk.
- Use of the Blog. You agree to use the Blog only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Blog. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Blog. Do not post any content that violates any applicable local, state, national or international law.
- Minimum Age. You must be at least eighteen (18) years old to use the Blog, and by using the Blog, you represent and warrant that you are at least eighteen (18) years old. Any use of the Blog by anyone under eighteen (18) years old is unauthorized and is a violation of these TOS.
- Account Information. To subscribe to our Blog, you must provide valid and accurate registration information, and you must keep your information up to date, particularly your email and mailing addresses. You will not transfer your account to anyone without first getting our written permission. We may refuse, suspend, or terminate your subscription and/or your access to some or all of our Blog if you fail to comply with these TOU.
- Linked Materials. The Blog may include links to third-party Web sites. NMM does not endorse, and takes no responsibility for such Web sites.
- The term Trademarks means all registered and common law trademarks, service marks, trade names, trade dress, logos, Internet domain names, and other indications of origin owned by NMM, whether currently or in the future.
- The look and feel of the Blog, as well as all page headers, graphics, button icons, and scripts, is the proprietary trade dress of NMM and may not be copied, imitated, or used, in whole or in part, without the prior written consent of NMM.
- Nothing contained herein grants or shall be construed to grant you any rights to use any Trademarks, including without limitation as a domain name or part of a domain name or as a metatag, keyword, or other type of programming code.
- All other trademarks, service marks, logos and the like that are used or appear on the Blog are the property of their respective owners. Reference on the Blog to any product or service by name on the Blog does not constitute or imply endorsement, sponsorship, or recommendation of the product or service by NMM, unless expressly so stated.
- You may not use any of the Trademarks to create a link to the Blog without the prior written consent of NMM.
- The content (text, images, audio, and video, as applicable) of the Blog as well as the underlying programming code to create the Blog is owned by us, is protected under copyright law, and may not be copied, reproduced, distributed, modified, or publicly displayed.
- Nothing contained herein grants or shall be construed to grant you any rights to use any of the content of the Blog or its underlying programming code.
- Code of Conduct: In order to participate in the Blog, you must comply with the following code of conduct (the “Code”):
- About your posts
- Be Constructive: post only constructive comments and questions.
- Be Courteous: Do not post content that is offensive, libelous, indecent, unlawful, harassing, defamatory, abusive, intimidating, threatening, harmful, obscene, vulgar, profane, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context, this or otherwise objectionable material is not acceptable.
- Be Personal: the forums are not to be used for any commercial purpose. Do not post any advertising or commercial content whatsoever. Do not post any content that involves the transmissions of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” Please do not re-submit your contribution to more than one discussion.
- Be Yourself: do not impersonate anyone else.
- Be Honest: do not post any content that includes information that is false, misleading, inaccurate, fraudulent or deceptive, or that promotes illegal activities.
- Contributions containing languages other than English may be removed.
- Please contact us if you have a complaint.
- Safety. We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) in the Blog.
- Legal Requirements.
- You may not submit or share any defamatory or illegal material of any nature on the Blog. This includes text, graphics, video, programs or audio.
- Contributing material to the Blog with the intention of committing or promoting an illegal act is strictly prohibited.
- You agree to submit to or share on the Blog only contributions which are your own original work. You must not violate, plagiarize, or infringe the rights of NMM or third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
- Certain Rights of NMM. NMM may cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. NMM reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this TOU. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Blog, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Blog of any content or other material used or displayed through the Blog. NMM may monitor the Blog for violations of the TOU. NMM shall be the sole and final arbiter of suspected TOU violations, misuse, and penalties. For suspected violations, and without limiting any of its other remedies, NMM reserves the right to immediately and without notice:
- Delete or modify content;
- Suspend your Subscription;
- Terminate your Subscription;
- Take legal action; and
- Refer you or your actions to law enforcement officials.
- User Generated Content. Much of the content posted on the Blog will be created by members of the public. The views expressed are theirs and unless specifically stated are not those of NMM.
NMM does not, and you agree that NMM has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Blog (collectively, “User Generated Content”), that NMM is not in any manner responsible for User Generated Content, that NMM does not guarantee the accuracy, integrity or quality of User Generated Content, and that NMM cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Site.
You acknowledge that by providing you with the ability to access and view User Generated Content on the Blog, NMM is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Blog. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions express or included in any User Generated Content are not necessarily those of NMM or its affiliated or related entities or content providers. You acknowledge and agree that NMM reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that NMM does not have any obligation to use or respond to any User Generated Content.
You agree that you shall immediately notify NMM of any objectionable content appearing on the Blog. NMM will make good faith efforts to investigate allegations that any User Generated Content violates these TOU but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.
- Contributions to Blog. Your User Generated Content is not confidential or proprietary. By sharing any contribution (including any text, photographs, graphics, video or audio) with NMM you agree to grant to NMM free of charge, non-revocable, permission to use the material in any manner (including modifying and adapting it), in any media worldwide, without limitation, including the right to sublicense, assign and commercialize.
Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
You are responsible for ensuring that any Use Generated Content that you post does not, and will not violate the rights of any third party rights of any kind. You confirm that your contribution is your own original work, is not defamatory and does not infringe any USA laws, that you have the right to give NMM permission to use it for the purposes specified here, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 18.
Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with NMM. If you do not want to grant NMM the permission set out in these terms, please do not submit or share your contribution to or with NMM.
- Special Provisions Relating to Users Outside of the United States. We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in theUnited States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on the Blog.
- Restriction and Termination of Use. NMM may block, restrict, disable, suspend or terminate your access to all or part of the Blog at any time in NMM’s discretion, without cause, without prior notice, and without liability to you.
- Limitations and Disclaimers
- WE TRY TO KEEP THE BLOG UP, BUG-FREE, AND SAFE, BUT YOUR USE OF THE BLOG IS AT YOUR OWN RISK. THE BLOG IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE BLOG WILL BE SAFE OR SECURE. NMM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES. NONE OF NMM, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, ADVISERS, AFFILIATES, SUBSIDIARIES, AND ITS THIRD-PARTY PARTNERS IS OR WILL BE LIABLE TO YOU FOR ANY HARM ARISING OUT OF YOUR ACCESS TO OR USE OF OR OUT OF YOUR INABILITY TO ACCESS OR USE THE BLOG. IN ADDITION, WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIACIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- NMM makes no warranty that the Blog will meet your expectations or needs, that your access to the Blog will be uninterrupted or that the Blog will be free from errors or defect (or that errors or defects will be corrected).
- The Blog may contain links to third-party sites. NMM has not reviewed all of the third-parties to which the Blog may be linked, and NMM is not responsible for the content of any of those sites. The presence of links from the Blog should not be construed as an endorsement, sponsorship, or approval of those sites. Use of those sites is at your own risk and subject to the terms of service that govern those sites.
All bloggers must fully comply with the Code at all times. You certify, represent and agree that you will not violate the Code or its specific elements.
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
NMM’s agent for copyright issues relating to this Blog is as follows: Norris, McLaughlin & Marcus, P.A., 721 Route 202-206, Suite 200, P.O. Box 5933, Bridgewater, NJ 08807-5933, Attention: Marketing Department.
In an effort to protect the rights of copyright owners, NMM maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Blog who are repeat infringers.
- These TOU constitute the entire agreement between you and NMM relating to the subject matter hereof, and they supersede any prior agreements between you and NMM relating to the same. The failure of NMM to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these TOU is held invalid, the remainder of the TOU shall continue in full force and effect. If any provision of these TOU shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions. Any amendment to or waiver of these TOU must be made in writing and signed by us. You will not transfer any of your rights or obligations under these TOU to anyone else without our consent. All of our rights and obligations under these TOU are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these TOU shall prevent us from complying with the law. These TOU do not confer any third party beneficiary rights.
- These TOU and the relationship between you and NMM shall be governed by the laws of the State of New Jersey, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these TOU shall be heard exclusively by the state or federal courts sitting in New Jersey. You hereby submit to the personal jurisdiction of those courts and waive any objection as to venue or the convenience of those courts.
- If you are a member or registered user, any legal notice relating to these TOU shall be sent to the email address associated with your account. Any legal notice to us shall be sent to Norris, McLaughlin & Marcus, P.A., 721 Route 202-206, Suite200, P.O. Box 5933, Bridgewater, NJ08807-5933, Attention: Marketing Department.