General Use Restrictions.
ASBURY PARK provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are provided to you by ASBURY PARK and are the copyrighted and/or trademarked work of ASBURY PARK or ASBURY PARK’s contributors.
ASBURY PARK grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services, this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.
You agree to pay all fees or charges to your account based on ASBURY PARK’s fees, charges, and billing terms in effect as shown on the [payment page (make link)]. You are responsible for paying any taxes that may apply. If you do not pay on time or if ASBURY PARK cannot charge your credit card, PayPal or other payment method for any reason, ASBURY PARK reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms and/or not process your order. You are expressly agreeing that ASBURY PARK is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and/or purchase of products and services on this Site and the fees will be billed to your credit card or other payment method designated by you. Purchases made through this Site are subject to our return policy and payment and delivery terms (www.apboardwalk.com/pages/merchandise).
Correction of Errors and Inaccuracies.
The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. The risk of loss and title to items purchased from this Site pass to you upon our delivery to the carrier.
Third Party Content.
Certain information and other content may be provided by third party licensors and suppliers to ASBURY PARK (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. ASBURY PARK DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites.
This Site may be linked to other sites that are not ASBURY PARK sites. ASBURY PARK is providing these links to you only as a convenience, and ASBURY PARK is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold ASBURY PARK and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) ASBURY PARK or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
ASBURY PARK is a trademark of ASBURY PARK in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Madison Asbury Retail LLC, Copyright © 2008 Madison Asbury Retail LLC . All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties.
Your use of this Site and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by ASBURY PARK, and they may include inaccuracies or typographical or other errors. ASBURY PARK does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site. ASBURY PARK has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by ASBURY PARK or our licensors. It is your responsibility to independently investigate the accuracy and completeness, of the Materials and/or Third Party Content on this Site.
ASBURY PARK, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES OR THE PRODUCTS OFFERED ON THIS SITE, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT . UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE PRODUCTS, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability.
ASBURY PARK SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL ASBURY PARK BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ASBURY PARK KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
CERTAIN STATES DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AND SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Local Laws; Export Control.
ASBURY PARK controls and operates this Site from its headquarters in the United States of America and the Materials, and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, ASBURY PARK may terminate and/or suspend your access to this Site without notice. ASBURY PARK prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by ASBURY PARK, may result in immediate termination of your access to this Site. ASBURY PARK has the right to terminate any password-restricted account for any reason. New Jersey law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in New Jersey. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. ASBURY PARK’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and ASBURY PARK and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ASBURY PARK about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Information Collection and Use.
You can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site, we may invite you to contact us with questions or comments or request information, subscribe to a newsletter, or complete a registration form. Due to the nature of some of these activities, we may collect personally identifiable information, such as your name, contact data such as your address, zip code, email address and phone number, and credit card information and any other personally identifiable information you elect to include in your communications sent to us.
We may use your personally identifiable information to register you to use our Site, deliver certain goods, services or information you have requested, provide you with notices regarding goods or services you have purchased, send you newsletters you have requested and improve the content and general administration of the Site.
Madison Asbury recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. This Site is not intended for children under the age of 13. Madison Asbury does not target its Services or this Site to children under 13. Madison Asbury does not knowingly collect personally identifiable information from children under the age of 13.
The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer and improve the Site, track users’ movement, and gather broad demographic information for aggregate use.
We may provide your personally identifiable information and the aggregate information to the vendors and service agencies that we may engage to assist us in providing our services to you. For example, we may provide your personally identifiable information to a credit card processing company to process your payments. We will disclose your personally identifiable information when we reasonably believe we are required to do so by law, or when we deem it appropriate or necessary to provide such information to law enforcement authorities. We may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which Madison Asbury participates or to a purchaser of all or substantially all of Madison Asbury’s assets to which this Site relates.
Links to Third Party Sites.
We may employ procedural and technological security measures that are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. Madison Asbury may use secure socket layer and other security measures to help prevent unauthorized access to your personally identifiable information.
Users Outside of US.