NerdWorldNJ SERVICE AGREEMENT
"NerdWorldNJ" is the interactive on-line service operated by On-Site Computer
Service ("On-Site") on the World Wide Web of the Internet, consisting of
information services and content provided by On-Site, affiliates of On-Site and other
third parties. "Subscriber" means each person who establishes or accesses a
connection ("Account") for access to and use of NerdWorldNJ.
(A) This Agreement, which incorporates by reference other provisions applicable to use
of NerdWorldNJ, including, but not limited to, supplemental terms and conditions set forth
in paragraph 13 hereof ("Supplemental Terms") governing the use of certain
specific material contained in NerdWorldNJ, sets forth the terms and conditions that apply
to use of NerdWorldNJ by Subscriber. By using NerdWorldNJ (other than to read this
Agreement for the first time), Subscriber agrees to comply with all of the terms and
conditions hereof. The right to use NerdWorldNJ is personal to Subscriber and is not
transferable to any other person or entity. Subscriber is responsible for all use of
Subscriber's Account (under any screen name or password) and for ensuring that all use of
Subscriber's Account complies fully with the provisions of this Agreement. Subscriber
shall be responsible for protecting the confidentiality of Subscriber's password(s), if
(B) On-Site shall have the right at any time to change or discontinue any aspect or
feature of NerdWorldNJ, including, but not limited to, content, hours of availability, and
equipment needed for access or use.
3. Changed Terms.
On-Site shall have the right at any time to change or modify the terms and conditions
applicable to Subscriber's use of NerdWorldNJ, or any part thereof, or to impose new
conditions, including, but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting on NerdWorldNJ, or by
electronic or conventional mail, or by any other means by which Subscriber obtains notice
thereof. Any use of NerdWorldNJ by Subscriber after such notice shall be deemed to
constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of NerdWorldNJ and all charges
5. Subscriber Conduct.
(A) Subscriber shall use NerdWorldNJ for lawful purposes only. Subscriber shall not
post or transmit through NerdWorldNJ any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law, or which, without On-Site's express prior approval, contains
advertising or any solicitation with respect to products or services. Any conduct by a
Subscriber that in On-Site's discretion restricts or inhibits any other Subscriber from
using or enjoying NerdWorldNJ will not be permitted. Subscriber shall not use NerdWorldNJ
to advertise or perform any commercial solicitation, including, but not limited to, the
solicitation of users to become subscribers of other on-line information services
competitive with NerdWorldNJ.
(B) NerdWorldNJ contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video, graphics, music
and sound, and the entire contents of NerdWorldNJ are copyrighted as a collective work
under the United States copyright laws. On-Site owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the content
original to it. Subscriber may 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. Subscriber may download copyrighted material for Subscriber's personal use only.
Except as otherwise expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material will be
permitted without the express permission of On-Site and the copyright owner. In the event
of any permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright notice shall
be made. Subscriber acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on NerdWorldNJ any
material protected by copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other proprietary right and the
burden of determining that any material is not protected by copyright rests with
Subscriber. Subscriber shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of NerdWorldNJ, Subscriber
automatically grants, or warrants that the owner of such material has expressly granted
On-Site the royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such material (in whole or in
part) worldwide and/or to incorporate it in other works in any form, media or technology
now known or hereafter developed for the full term of any copyright that may exist in such
material. Subscriber also permits any other Subscriber to access, view, store or reproduce
the material for that Subscriber's personal use. Subscriber hereby grants On-Site the
right to edit, copy, publish and distribute any material made available on NerdWorldNJ by
(D) The foregoing provisions of Section 5 are for the benefit of On-Site, its
subsidiaries, affiliates and its third party content providers and licensors and each
shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF NerdWorldNJ IS AT SUBSCRIBER'S SOLE RISK.
NEITHER On-Site, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT NerdWorldNJ WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
NerdWorldNJ, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH NerdWorldNJ.
(B) NerdWorldNJ IS 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, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY
ACKNOWLEDGES THAT On-Site IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL On-Site, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING NerdWorldNJ OR THE NerdWorldNJ SOFTWARE, BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE NerdWorldNJ. SUBSCRIBER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, On-Site, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN NerdWorldNJ, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, On-Site, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO
THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
On-Site shall have the right, but not the obligation, to monitor the content of
NerdWorldNJ, including chat rooms and forums, to determine compliance with this Agreement
and any operating rules established by On-Site and to satisfy any law, regulation or
authorized government request. On-Site shall have the right in its sole discretion to
edit, refuse to post or remove any material submitted to or posted on NerdWorldNJ. Without
limiting the foregoing, On-Site shall have the right to remove any material that On-Site,
in its sole discretion, finds to be in violation of the provisions hereof or otherwise
Subscriber agrees to defend, indemnify and hold harmless On-Site, its affiliates and their
respective directors, officers, employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of the use of NerdWorldNJ by Subscriber
or Subscriber's Account.
Either On-Site or Subscriber may terminate this Agreement at any time. Without limiting
the foregoing, On-Site shall have the right to immediately terminate Subscriber's Account
in the event of any conduct by Subscriber which On-Site, in its sole discretion, considers
to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The
provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive
termination of this Agreement.
On-Site , NerdWorldNJ , and each of their logos are trademarks of On-Site Computer
Service. All rights reserved. All other trademarks appearing on NerdWorldNJ are the
property of their respective owners.
11. Third Party Content.
On-Site is a distributor (and not a publisher) of content supplied by third parties and
Subscribers. Accordingly, On-Site has no more editorial control over such content than
does a public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available by third
parties, including information providers, Subscribers or any other user of NerdWorldNJ,
are those of the respective author(s) or distributor(s) and not of On-Site. Neither
On-Site nor any third-party provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness for any particular
purpose. (Refer to Section 6 above for the complete provisions governing limitation of
liabilities and disclaimers of warranty.)
In many instances, the content available through NerdWorldNJ represents the opinions
and judgments of the respective information provider, Subscriber, or other user not under
contract with On-Site. On-Site neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on NerdWorldNJ by anyone other than
authorized On-Site employee spokespersons while acting in their official capacities. Under
no circumstances will On-Site be liable for any loss or damage caused by a Subscriber's
reliance on information obtained through NerdWorldNJ. It is the responsibility of
Subscriber to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through NerdWorldNJ. Please seek the advice of
professionals, as appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
This Agreement and any operating rules for NerdWorldNJ established by On-Site constitute
the entire agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with respect to such
subject matter. This Agreement shall be construed in accordance with the laws of the State
of New Jersey, without regard to its conflict of laws rules. No waiver by either party of
any breach or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for convenience only
and shall not be given any legal import.
13. Supplemental Terms
As set forth in the On-Site Interactive Service Agreement which governs the use of
On-Site Interactive, please be advised that neither, On-Site Computer Service.
("On-Site") nor its affiliates, information providers or content partners shall
be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or
other defects in, or untimeliness or unauthenticity of, the information contained within
NerdWorldNJ, or for any delay or interruption in the transmission thereof to the user, or
for any claims or losses arising therefrom or occasioned thereby. None of the foregoing
parties shall be liable for any third- party claims or losses of any nature, including,
but not limited to, lost profits, punitive or consequential damages.
Prior to the execution of a stock trade, you are advised to consult with your broker or
other financial representative to verify pricing or other information. On-Site, its
affiliates, information providers or content partners shall have no liability for
investment decisions based on the information provided.
Neither, On-Site, nor its affiliates, information providers or content partners warrant
or guarantee the timeliness, sequence, accuracy or completeness of this information.
Additionally, there are no warranties as to the results obtained from the use of the