PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
SITE. BY CONTINUING TO USE THIS SITE YOU AGREE TO BE BOUND
BY THESE TERMS OF USE.
Welcome to relevancygroup.com, therelevancygroup.com,
allfacebookmessages.com, allfbmessages.com,
shortburstsociety.com, CMF4.com and the subdomains
associated with our sites. (our "Sites"), which are operated
by The Relevancy Group, LLC. ("The Relevancy Group" or "we"
or "our"). Subject to and without limiting the terms of or
your obligations under any legally binding contract
pertaining to the subject matter hereof ("Contract") between
The Relevancy Group and you or between The Relevancy Group
and your employer or a party for whom you perform services
("you and the party to any such Contract being a "Client"),
by using these Sites you agree to each of the terms of use
set forth herein, including any additional terms and
conditions applicable to specific areas or content on the
Sites ("Terms of Use").
The Relevancy Group reserves the right to modify these Terms
of Use at any time without notice to you. Your continued use
of the Sites after any such changes constitutes your
agreement to follow and be bound by these Terms of Use as
modified.
Use of Site and Content and Copyright
You are permitted to access the Sites, including the
written text, graphics, data, images, illustrations,
marks, logos, sound or video clips, photographs and/or
other works (singly or collectively, the "Content")
solely for your or your organization's internal
information purposes. You agree to maintain all
copyright, trademark and other notices on the Content.
You may not copy, transmit, reproduce, publicly display,
perform, distribute, alter, transmit or create
derivative works of any Content or any portion of or
excerpts from the Content in any fashion that is not
authorized by The Relevancy Group in writing or
expressly permitted in these Terms of Use.
Neither
you nor your organization may use any Content or any
excerpt from any Content to promote your or your
organizations' products or services. External citation
to the Content is prohibited without The Relevancy
Group’s express written permission and is subject to our
Citation Policy, except that members of the press may
cite to portions of the Content without The Relevancy
Group’s prior approval if such citation complies with
the terms set forth in the Press Resources section of
this Site.
The
Sites and all of the Content are protected by U.S.
and/or international copyright laws and conventions, and
belong to The Relevancy Group, its licensors or third
parties. No right, title or interest in any Content is
transferred to you.
You
agree to use the Sites and the Content in accordance
with all applicable laws. You agree not to take any
action that would compromise the security of the Sites
or render the Sites inaccessible to others.
Restricted Areas
Access to certain areas of the
Sites is restricted ("Restricted Areas") to The
Relevancy Group Clients to whom we have issued passwords
or have purchased digital downloadable report code-keys.
You are not authorized to access any password-restricted
areas unless you have received a password from The
Relevancy Group (or from your employer if your employer
has been authorized by The Relevancy Group to issue such
password). Direct sale digital downloadable reports
include code-keys that are specific to that buyer which
are stored and their use is tracked in a number of ways.
You may not use another
person's password to access the Sites or report
code-keys to access direct digital downloadable content.
If
you are a Client, you are responsible for keeping your
password confidential. You agree not to share your
password or report code-keys with any other individuals
or to otherwise allow any other individuals to access
the Sites or the Content through your account. You
further agree not to reproduce, publicly display,
perform, distribute, alter, transmit, create derivative
works from or otherwise share any Content or portions or
excerpts thereof from Restricted Areas with any other
individuals or third parties, except as expressly
provided in these Terms of Use or in your Contract. You
take full responsibility for any activity that occurs
through the use of your account and you agree to notify
us immediately if you become aware that any other
individual has accessed your account or has obtained
your password or report code-keys.
Interactive Services
Certain areas of the Sites contain interactive elements,
where visitors are permitted to post content for publication
on the Sites. If you elect to use such interactive elements,
you are solely responsible for all materials, whether
publicly posted or privately transmitted, that you upload,
post, email, transmit, or otherwise make available on the
Sites ("User Content").
You may submit User Content so long as the content is not
illegal, obscene, threatening, harassing, defamatory,
libelous, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or
objectionable. You should not, however, upload any of the
following types of information: (a) information protected
under the privacy or security regulations issued pursuant to
the Health Insurance Portability and Accountability Act of
1996 (HIPAA), or (b) personally identifiable information
including (i) drivers license numbers, (ii) passport
numbers, (iii) social security, tax identification or
similar numbers, or (iv) bank, checking, credit card, debit
card, or other financial account numbers. You hereby grant
The Relevancy Group a nonexclusive, royalty-free, perpetual,
irrevocable, fully sublicensable and transferable right to
exploit User Content at The Relevancy Group's discretion
throughout the world in any media. You represent and warrant
that you own or otherwise control all of the rights to User
Content; that User Content is accurate; and that the use of
User Content does not violate these Terms of Use and will
not cause injury to any person or entity. The Relevancy
Group takes no responsibility and assumes no liability for
any User Content submitted by you or any third party. You
may be exposed to User Content that you find offensive,
indecent, inaccurate, misleading, or otherwise
objectionable, and you bear all risks associated with using
that User Content. The Relevancy Group reserves the right,
but not the obligation, to monitor, edit, or remove any User
Content for any reason.
Notwithstanding any language to the contrary in your
Contract or any other agreement, by posting any User Content
on this Site you expressly represent and warrant to us that
any such User Content is not confidential or proprietary to
you or Client, and your posting of such User Content does
not violate any confidentiality or other obligations to
which you are subject.
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Notice and Procedure for Making Claims of Copyright
Infringement
Pursuant to the Digital Millennium Copyright Act,
Title 17, United States Code, Section 512(c)(2)
("DMCA"), The Relevancy Group has designated to the
U.S. Copyright Office an agent to receive
notifications of claimed copyright infringement
relating to this Site (the "Designated Agent"). All
such notifications relating to this Site must be
submitted in a manner consistent with the DMCA to
the following Designated
Agent:
Service
provider:
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Kraemer, Burns, Mytelka, Lovell & Kulka, P.A..
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Name of agent designated to receive notification
of claimed infringement:
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Scott Stolbach
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Full address of designated
agent to which notification should be sent:
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675 Morris Avenue
Springfield, New Jersey 07081
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Telephone number of designated agent:
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(973) 912-8700
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Facsimile number of designated agent:
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(973) 912-8602
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Email address of designated agent:
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sstolbach@kraemerburns.com
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Accuracy of Information
The Content on these Sites is based on The Relevancy
Group’s reasonable efforts to compile and analyze the
best sources reasonably available to The Relevancy Group
at any given time. Any opinions reflect The Relevancy
Group’s judgment at the time and are subject to change.
You assume sole responsibility for the selection of the
Content to achieve any of your intended results, and
your sole and exclusive remedy for any alleged loss or
damage suffered by you in connection with your use of
the Sites or the Content or the User Content is to
discontinue using the Sites.
WARRANTIES DISCLAIMER
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS," AND THE
RELEVANCY GROUP DOES NOT MAKE ANY WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SITES OR THE CONTENT,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL
WARRANTIES (I) RELATING TO THE ACCURACY, RELIABILITY,
CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY
PORTION THEREOF THAT IS MADE AVAILABLE ON THE SITE; (II)
THAT THE CONTENT PROVIDED THROUGH THE SITES WILL BE FREE
FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION,
OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III)
THAT THE CONTENT SHALL NOT INFRINGE THE INTELLECTUAL
PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV)
THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; OR (V) THAT THE SITES WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
LIMITATIONS ON LIABILITY
YOU AGREE THAT THE RELEVANCY GROUP SHALL NOT BE LIABLE
UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LAW FOR
ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS,
ARISING OUT OF YOUR USE OF THE SITES, THE CONTENT OR
USER CONTENT, WHETHER OR NOT THE RELEVANCY GROUP HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
AGREE FURTHER THAT THE RELEVANCY GROUP SHALL NOT BE
LIABLE FOR ANY DAMAGES INCURRED BY YOU ARISING AS A
RESULT OF RELIANCE UPON THE CONTENT, USER CONTENT OR THE
SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR
OTHER INACCURACIES IN THE CONTENT OR THE SITE OR
INTERPRETATIONS THEREOF. IN JURISDICTIONS THAT DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE RELEVANCY GROUP'S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW, AND THE TERMS LIMITING THE RELEVANCY
GROUP 'S LIABILITY IN THIS SECTION SHALL IN ANY CASE BE
INTERPRETED TO LIMIT THE RELEVANCY GROUP'S LIABILITY TO
THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You understand and agree that you are responsible for
your use of the Sites. You agree to indemnify, defend
and hold harmless The Relevancy Group, its subsidiaries,
affiliated companies, joint venturers, business
partners, licensors, employees, agents, and any
applicable third-party information providers from and
against all claims, losses, expenses, damages and costs
(including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and
reasonable attorneys' fees, resulting from or arising
out of your use, misuse, or inability to use the Sites,
the Content, the User Content or any violation by you of
these Terms of Use.
Governing Law
These Terms of Use, and their
validity, construction and effect, shall be governed by
and enforced in accordance with the internal laws of the
State of New Jersey without reference to the conflicts
of laws provisions therein. You specifically and
irrevocably consent for any claims or disputes arising
out of your use of the Sites or these Terms of Use to
the jurisdiction of, and venue in, the federal or state
courts sitting in New Jersey.
Links
The Relevancy Group may provide links to third party
content and other web sites on the Sites. We do not
endorse, sponsor, or accept any responsibility for such
material. We are not responsible for the content or
privacy practices of any linked sites.