itisfast.com End User Agreement
1.2 You must agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Site and your use of the Site constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of this Agreement.
1.3 NJIRC reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. NJIRC will notify users of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Site after notice of changes to this Agreement will be deemed your acceptance of the changes.
1.4 NJIRC reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site.
1.5 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
2. User Activities and Information on the Site2.1 You will use the Site and any content, material, or information found on the Site solely for lawful, non-commercial purposes. You shall not upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
2.2 You warrant that any material or information that you make available through the Site, including, for example, postings to chat areas and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.
2.3 By making any material or information available through the Site, you automatically grant to NJIRC a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal use.
2.4 NJIRC has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself made available through the Site, and NJIRC is not responsible for any content of this material or information. However, NJIRC reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, NJIRC reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
2.5 NJIRC reserves the right to collect, use, and distribute demographic data about you and your use of the Site in forms that identify you individually or reveal your identity. You will be responsible for any activity on the website using your user-id and password.
3. Rights in Site Content and the Site3.1 All content provided by NJIRC on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by NJIRC. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by NJIRC. itisfast.com® and NJIRC® are trademarks and, where indicated, registered trademarks of NJIRC or its subsidiaries. All other trademarks appearing on the Site are the property of their respective owners.
3.2 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of NJIRC and the copyright owner. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.
3.3 Certain content found on the Site may be subject to additional terms, conditions, and notices as specified in Section 11 below.
4. Disclaimer of Warranties & Limitation of Liability4.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER NJIRC, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NJIRC (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NJIRC (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
5. IndemnificationYou agree to defend, indemnify and hold harmless NJIRC (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this Agreement. NJIRC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
6. Fees and PaymentsNJIRC reserves the right, in its sole discretion, at any time to charge fees for access to and use of the Site, or any portions of the Site. If NJIRC elects to charge fees, it will post notice on the Site of all provisions pertaining to fees and payments.
7. Notices between UsYou will contact us by sending electronic mail to firstname.lastname@example.org. We will contact you by sending electronic mail to the address you provide to us, or by posting a notice on the Site.
8. TerminationNJIRC may terminate this Agreement and your use of the Site at any time. NJIRC shall have the right immediately to terminate your use of the Site in the event of any conduct by you which NJIRC, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
9. Law Governing Performance and DisputesThis Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of New Jersey, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of New Jersey and the United States District Court for the District of New Jersey in any and all actions, disputes, or controversies relating to this Agreement.
10. General TermsThis Agreement and any posted rules on the Site established by NJIRC constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either NJIRC or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of NJIRC and its successors, trustees, and permitted assigns. NJIRC may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you.
11. Content-Specific Notices
Technical material provided in this
website may suggest use of material, tools and equipment that may
be hazardous. You use such material, tools and equipment at your own
risk. Although most of the experiments in this web-site are regarded as
low hazard, author and publisher expressly disclaims all liability for
any occurrence, including, but not limited to, damage, injury or death
which might arise as consequences of the use of any experiment(s) listed
or described here. Therefore, you assume all the liability and use these
experiments at your own risk!
12. Access by children
Use of this website and performing suggested experiments must at all times be under supervision of parents or any responsible adult assigned by parents or guardians. The activity of all members in this site may be recorded and used to determine further eligibility of a member to user this website or any of other services provided by NJIRC.