Terms & Conditions
Terms & Conditions
Effective September 1. 2023
By entering your email, creating a login or otherwise providing personal information that would allow you to be identified, you give permission to the LRSC Website and its licensees to use that information and contact you using that information (“Identifiable Visitor”).
An Identifiable Visitor who wishes to market products or Services (“Services”) to Visitors, Identifiable Visitors or other Subscribers may become a Subscriber which provides options for different levels of visibility on the LRSC Website and further allows the Subscriber to sell Services through the LRSC Website. Services also may include use of a tool that allows Subscribers to keep in touch with and market to Identifiable Visitors who have shown interest in Subscriber’s postings on the LRSC Website.
The Website may include some or all of the following:
(a) information on merchants in Sussex County and the surrounding area (“local area”) and offers from such merchants, including links to the merchant’s website;
(b) demographic, weather and other factual information about the local area;
(c) a platform for the purchase and use of digital content which allows Identifiable Visitors and Subscribers to purchase and/or sign up for on-line newsletters and other materials for personal use,
(d) links to one or more website(s) where other services or online content (including content provided by other website(s) users and third parties), resources, tools, communications and social networking features may be accessed and used; and
(e) the ability to post public messages to the entire website or individual messages to particular merchants. All of the foregoing are collectively referred to as the “Services.” Note that not all of these Services are currently available and there is no firm time frame for adding them.
1. Acceptance of Terms and Conditions. The Services are offered to you on the condition that you agree to be bound by this Agreement in its entirety without modification. By accessing and/or using the LRSC Website, you agree to be bound by this Agreement, whether you are a Visitor, Identifiable Visitor or Subscriber. If you do not accept the terms of this Agreement, you are not permitted to use the Website and/or subscribe to the Services, and you must exit the LRSC Website and discontinue any and all use of the LRSC Website and the Services immediately. As a further condition of your use of the LRSC Website, you represent and warrant that:
a. You have reached the age of majority in the state or province in which you reside;
b. You are able to create a binding legal obligation;
c. You are not barred from receiving products or services under applicable law;
d. You will not attempt to use the LRSC Website with crawlers, robots, data mining, or extraction tools or any other functionality;
f. You will only make purchases on the LRSC Website for your own use and enjoyment or as a gift for another person;
g. You have the right to provide any and all information you submit to the LRSC Website, and all such information is accurate, true, current, and complete; and
h. You will update and correct information you have submitted to the LRSC Website, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account).
2. Modifications. We may modify this Agreement from time to time and such modifications shall be effective upon posting on the LRSC Website. By accessing and/or using the LRSC Website after any such modification is posted, you are agreeing to be bound by such modifications. You also agree that it is your responsibility to monitor the LRSC Website for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the LRSC Website and the Services. Periodically, when we update this Agreement, we may require you to affirmatively click on a statement agreeing to the changes.
3. LRSC Website Age Requirements and Children’s On-Line Protection Act. Although you represent to us above that you are over the age of 18 and that you are of legal age to form a legally binding contract, we cannot prevent minors from visiting the LRSC Website and seeking to become Identifiable Visitors if they provide the required information. The LRSC Website is not directed toward children under the age of 18 and we do not knowingly collect information from children under the age of 18 through the LRSC Website. If you believe that a child has provided information to us through the LRSC Website, please contact us by email at [email protected] or by writing us at 270 Sparta Avenue, Suite 104, Box 117, Sparta, New Jersey 07871 Attn: Webmaster. Upon verification that the information was provided by someone under the age of 18, we will use our best efforts to remove all of the information provided by such individual from the LRSC Website.
4. Your Account, Password and Security. Your use of the LRSC Website for certain Services requires that you provide certain identifiable personal information (e.g. e-mail address) and that you create a login and password. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the LRSC Website and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail to [email protected] of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. LRSC will not be liable for any loss or damage arising from your failure to comply with this section. It is a material breach of this Agreement to provide your password and/or other credentials for use with the LRSC Website.
6. Access and Security Components. You agree that the LRSC Website, the Services, and the software used to implement the LRSC Website and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by LRSC and/or content providers who provide content to LRSC. You may not attempt to override or circumvent any such security components and usage rules embedded in the LRSC Website and the Services. We retain the right, at our sole discretion, to deny service or use of the LRSC Website or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the LRSC Website and your account accessible, the LRSC Website and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, LRSC Website access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
7. Services and Purchases requiring Payment. Payment information is taken by a third party vendor that is in the business of facilitating payment by on-line customers for goods and services. LRSC does not store or disclose credit card or other financial account information provided to it on-line. When you elect to pay using a credit card, LRSC immediately submits the information needed to obtain payment to the appropriate clearinghouse via an encrypted connection. The complete financial account number is never saved on any server hosting any of the LRSC Website. Pricing on the LRSC Website is subject to change. If LRSC is for any reason unable to process a payment via the payment method you have provided, LRSC will attempt to notify you via email, and you will not have access to the Service you were paying for until payment is received. All prices are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on LRSC’s net income. You are responsible for obtaining and providing to LRSC any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability. You are responsible and liable for any costs and expenses, including attorney and collection fees, that LRSC may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to LRSC. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your financial account statement by sending a written notice to [email protected]. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
8. Content and Ownership. The content of the LRSC Website, including content owned by LRSC and content licensed to LRSC for use on the LRSC Website is protected by copyright, trademark, patent, trade secret and other laws. LRSC and those who license content to LRSC own and retain all respective rights, title and interest in and to their respective LRSC Website content. This includes all logos, artwork, pictures and text that appear on the LRSC Website. We refer to all of the foregoing collectively as “LRSC Website Content.” If you post content to the LRSC Website, it is considered to be “Your Content.”
9. License to Your Content. By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") Your Content to the LRSC, you grant to LRSC a non-exclusive fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, translate, create derivative works, perform, display, store, transmit, distribute, and otherwise make available Your Content on and through the LRSC Website, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. You may contact us at [email protected] to request the removal of some or all of Your Content but LRSC (i) has no obligation to remove Your Content, (ii) may choose whether or not to do so in its sole discretion, and (iii) makes no guarantee as to the complete deletion of Your Content even if it agrees to remove it. In any case, a back-up or residual copy of Your Content may remain on the servers used by LRSC after Your Content appears to have been removed from the LRSC Website, and LRSC retains all rights granted in this section to all such remaining copies. It also may remain on archive servers not controlled by LRSC which seek to archive the contents of the internet. You represent and warrant that: (i) you own all right, title and interest in Your Content and (ii) the posting of Your Content on or through the LRSC Website does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
10. Prohibited Conduct. You acknowledge and agree that you shall not use the LRSC Website and/or the Service to post or other transmit content that:
• is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person or entity;
• exploits people in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter;
• solicits personal information from anyone under the age of eighteen (18);
• provides any personal information including but not limited to telephone numbers, street addresses, last names or email addresses of anyone other than your own;
• promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• violates the intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated video, music or links to pirated video or music files;
• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
• contains a virus, malware or other harmful component.
If LRSC determines, in its sole discretion, that you have engaged in any of the above prohibited conduct, it may deny access to you pursuant to paragraph 6 above.
11. Content That You Post. You, and not LRSC, are entirely responsible for any content that you upload, post, email, transmit or otherwise make available via the LRSC Website. Under no circumstances will LRSC be liable in any way for any content that you post, email, upload, transmit or otherwise make available via the LRSC Website, including, but not limited to, any errors or omissions in any such content or any loss or damage of any kind incurred as a result of the use of such content that you posted, emailed, transmitted or otherwise made available via the LRSC Website. You understand and agree that LRSC shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any content or portion thereof that you make available via the LRSC Website. Without limiting the foregoing, and by way of example only, LRSC shall have the absolute right to remove from the LRSC Website any content that violates this Agreement or is otherwise objectionable in the sole discretion of LRSC, or to restrict, suspend, or terminate your access to all or any part of the LRSC Website at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the LRSC Website by any person, please contact LRSC by email at [email protected].
13. Take-Down Notices Under the DMCA. LRSC will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following Designated Agent for LRSC:
Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of LRSC: Webmaster
Full Address of Designated Agent to Which Notification to LRSC Should Be Sent:
270 Sparta Avenue
Suite 104, Box 117
Sparta, New Jersey 07871
Email of Designated Agent:
14. Term and Termination.
This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the LRSC Website or until terminated by LRSC or by you. It is a material breach of this Agreement and grounds to preclude you from using the LRSC Website if you share your credentials (e.g., password) with any other person or entity or allow someone else to access the portion of the LRSC Website that requires a login and password to enter. It is also a material breach of this Agreement and grounds to preclude you from using the LRSC Website if you breach any of the terms of this Agreement or if you attempt to copy or use materials from the LRSC Website unless explicit permission is given on the LRSC Website for downloading of such materials. No termination by you will be effective if you continue to use the LRSC Website and you shall continue to be bound by the terms herein if you do so.
The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: 1, 3, 5, 6, 8, 9, 11, 13, 14, 15, 16, 17 and such definitions of terms that appear elsewhere. Upon suspension or termination, LRSC shall have no obligation to save any of Your Content and we reserve the right to permanently delete and destroy any of your personal information and/or Your Content.
15. Disclaimer of Warranties, Limitation of Liability and Statute of Limitations. LRSC does not warrant the accuracy or completeness of content of the LRSC Website and the LRSC Website Content, and it specifically disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, of any kind or nature whatsoever regarding the LRSC Website and the LRSC Website Content. You agree that the LRSC Website, LRSC Website Content and the Services are offered without warranties of any kind whatsoever by LRSC and/or the providers of the LRSC Website Content. Your use of the LRSC Website, LRSC Website Content and the Services is at your sole risk. The LRSC Website, LRSC Website Content and the Services are provided on an “as is” and “as available” basis. Neither LRSC nor its employees makes any representation or warranty that the LRSC Website, LRSC Website Content or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the LRSC Website, LRSC Website Content or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, LRSC WILL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH ANY USE OF THE LRSC WEBSITE, LRSC WEBSITE CONTENT OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF LRSC TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LRSC IN THE TWO YEARS PRIOR TO THE DATE THAT CLAIM IS FIRST ASSERTED.
You hereby waive, release and discharge LRSC from and against any claims that you may be entitled to make by reason of any use of the LRSC Website, LRSC Website Content or the Services or Your Content, including but not limited to, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
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 LRSC Website, LRSC Website Content, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Indemnity. You agree to indemnify, defend, and hold harmless LRSC from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your breach of the terms of this Agreement, (ii) your infringement, or infringement by any other user of your account, of any intellectual property, privacy or other rights of any person or entity. LRSC will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
a. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by LRSC. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.
b. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the LRSC Website, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the LRSC Website.
d. Choice of Law and Forum. This Agreement and the relationship between you and LRSC shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and LRSC agree to submit to the personal and exclusive jurisdiction of the New Jersey Superior Court of New Jersey sitting in Sussex County and the United States District Court for the District of New Jersey. You and LRSC further agree that no objection will be made to jurisdiction or venue in the Superior Court of New Jersey sitting in Sussex County, New Jersey, or to the United States District Court for the District of New Jersey.
e. No Waiver. The failure of LRSC to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
f. Relationship of the Parties. You and LRSC are independently contracting parties dealing at arm’s length with each other in connection with this Agreement and the use of the LRSC Website and Services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.
g. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you agree that LRSC is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
h. Notice. Except as otherwise specified elsewhere in this Agreement, notices to LRSC may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from LRSC.