legal and privacy
Effective Date: July 2017
THESE TERMS EXEMPT MSP AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
Accuracy, Completeness and Timeliness of Information
Although MSP makes reasonable efforts to ensure that all information included on the Site is correct, accuracy and integrity cannot be guaranteed and MSP does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information included on the Site. The Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. MSP is under no obligation to post, forward, transmit, distribute or otherwise provide any information and/or material available from the Site.
Use of the Site
All content included on the Site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, software, any intellectual property, and the selection and arrangement of any of these, are the exclusive property of MSP, its affiliates, its licensors and/or its content providers and is protected by copyright, registered trademark, and other applicable laws.
All materials on this Site may only be used for personal, non-commercial purposes. Improper use of information provided on the Site and improper use of any hardware or software, including the intent to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site, is strictly prohibited. You may not interrupt or attempt to interrupt the operation of the Site in any way and MSP reserves the right, in its sole discretion, to terminate access to or use of the Site at any time without notice. Termination of access or use of the Site will not waive or affect any right or relief to which MSP may be entitled at law or in equity.
You hereby acknowledge responsibility for any information and/or material submitted via the Site, including the legality, reliability, appropriateness, originality and copyright of any such information and/or material. Content that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) constitutes or encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violations of any law; or (iii) contains software viruses, political campaigning, chain letters, mass mailings, or any form of “spam” may not be uploaded to, distributed or otherwise published through the Site. You may not provide false e-mail addresses or impersonate any person or entity, or otherwise provide misleading information as to the origin of any content. You may not upload commercial content onto the Site.
All remarks, suggestions, ideas, graphics, or other information communicated to MSP through this Site will forever be the property of MSP and MSP will not be required to treat any such submission as confidential. MSP will be entitled to use such submissions for commercial or other purpose without compensation, credits or notice to you or to any other person. MSP will not incur any liability as a result of any similarities that may appear in its future business operations, services or products. By submitting unsolicited submissions to MSP you waive the right to make any claim against MSP relating to the submission.
The Site may contain links to other websites which are provided only as a convenience and as an additional avenue of access to the information contained therein. MSP has not necessarily reviewed all of the information on the other websites mentioned on the Site and is not responsible for the content of any other websites, information, material, products or services that may be offered through any of these other websites. Inclusion of links to other websites should not be viewed as an affiliation with the owner of the linked site nor as an endorsement of the content on the linked site and different terms and conditions apply to the use of any linked websites. MSP is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any of the websites referenced on the Site.
MSP’s intellectual property, including trademarks, logos, and service marks as displayed on the Site are registered and unregistered trademarks of MSP, its affiliates, its licensors, its content providers, and other third parties. All such trademarks, logos, and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. The copying, downloading and/or printing of information and/or material included on the Site, other than as otherwise expressly permitted by MSP, is for your personal and noncommercial use only and is conditioned on your prohibition from modifying or deleting any copyright, registered trademark or other proprietary notice that appears on the information or any material accessed, copied, downloaded or printed from the Site. Any other use of information and/or material contained on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited. MSP, its affiliates, its licensors and/or its content providers retain full and complete title to the information and material provided on the Site, including all associated intellectual property rights. MSP neither warrants nor represents that use of information and/or material from the Site will not infringe rights of third parties not affiliated with MSP. MSP reserves all rights not expressly granted in and to the Site and its content.
MSP respects the intellectual property rights of others and may remove content that it believes may infringe the intellectual property rights of others. If you believe that the Site has infringed your intellectual property rights, please notify MSP and provide the following information:
- An identification of the intellectual property claimed to have been infringed, including copies of registration certificates, if available.
- A detailed description of the material that you claim is infringing, so that we may locate it on our Site.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
- A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
Please send the foregoing to the following address:
Closets Unlimited of New Jersey, Inc.
436 Commerce Lane, Suite D
West Berlin, NJ 08091
Attn: Digital Privacy Department
USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MSP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. IF ANY CONTENT IS DOWNLOADED FROM OR UPLOADED TO THE SITE, IT IS DONE AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MSP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MSP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, OR OTHERWISE.
LIMITATION OF LIABILITY
MSP MAKES THE SITE AVAILABLE AT NO CHARGE AND, BY USE OF THE SITE, YOU HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED DURING USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE FULL RESPONSIBILITY FOR USE OF THE SITE AND SUCH USE IS AT YOUR SOLE RISK AND DISCRETION.
MSP, ITS AFFILIATES OR BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MSP OR ANY OF ITS AFFILIATES OR BUSINESS PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND REGARDLESS OF THE EXISTENCE OF NEGLIGENCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
USERS OF THE SITE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MSP, ITS AFFILIATES OR BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MSP IS TO IMMEDIATELY DISCONTINUE USE OF THE SITE. YOU AND MSP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX MONTHS (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR SHORTENING OF THE STATUTE OF LIMITATIONS PERIOD, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. It is expressly acknowledged, understood and agreed that: arbitration is final and binding; the parties are waiving their right to seek legal remedies in court including the right to a trial by jury; pre-arbitration discovery generally is more limited than and different from that available in court proceedings; the arbitrator’s award is not required to include factual findings or legal reasoning; and any party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. The arbitration will be before a single arbitrator. The place of arbitration will be Camden County, New Jersey, United States of America. It is understood, acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees, with the costs of arbitration borne equally by the parties. Notwithstanding the foregoing, you or MSP may seek injunctive relief from an appropriate state or federal court located in New Jersey prior to or during the arbitration.
You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of MSP, which may be withheld in MSP’s discretion. MSP may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
How to Contact Us
Closets Unlimited of New Jersey, Inc.
436 Commerce Lane, Suite D
West Berlin, NJ 08091
Attn: Digital Privacy Department
Changes to This Policy
We reserve the right to modify or amend this Policy at any time by posting the updated version on our Website and changing the date listed at the top of this Policy. Any material changes in how we use or share the information we collect will only affect information collected after the posting of the updated Policy, unless otherwise expressly stated. You are bound by any revisions to this policy and are encouraged to review this Policy periodically for updates.
Collection of Personal Information
“Personal Information” is information that identifies or could be used to identify a Website visitor which is collected by the Website or otherwise submitted to the Company. Personal Information can be either information submitted by you or information which is passively collected by the Website’s servers.
We collect information you voluntarily give to us, such as your first and last name, e-mail address, physical address, telephone number, financial information, demographic data or any other information you choose to give to us when you request an estimate or make an inquiry, participate in a survey or promotion, submit content or feedback to us, sign up to receive information about the Company, or otherwise input information via our Website. When you contact us online, we may keep a record of that correspondence. When you use our services or services offered by our franchisees, we may also collect information about the services you use and how you use them.
When you use a computer, smart phone or other mobile device to access our Website, we may collect information about your physical location. We may combine this information with other location-based information, to give you information about Company offerings near you and to provide you with other services. We can only collect information regarding your location if the permissions in your mobile device allow communication of this information. If you do not want us to collect your location information, you can opt out of sharing this information by changing the relevant settings in your mobile device.
Collectively, this information is used to provide a more customized and enjoyable online experience for our visitors and to allow us to fulfill visitor requests. We also use this information internally to compile data regarding Website traffic.
Please note that our franchises are independently owned and operated and the Company is not responsible for the individual privacy practices of franchisees when they collect or receive personal information from you.
Certain information is automatically collected by the Company’s internet servers, such as your Internet Service Provider and IP address, the pages you view within the Website and the amount of time you spend in certain areas of the Website.
When you view the Company’s Website, the Company may temporarily store “cookies” or other web beacons on your computer. A “cookie” is a small data file that is sent from a website’s server and is stored on another device’s hard drive. You can adjust your browser settings to accept or reject most cookies altogether or to monitor the storage of cookies on your device. You should refer to your browser settings to determine what options are available to you. Some cookies may be required in order to allow you to access and use our Website. By completely disabling cookies, you may not be able to access some or all of the features of our Website.
We may also use transparent images that are embedded in web pages, applications, and emails called “web beacons” to test the effectiveness of our marketing, and to track whether an email has been opened.
How We Use the Information We Collect
We may use the information we collect about you in a variety of ways, including:
- to process your purchases of products and services;
- to communicate with you about orders, services, programs, contests, and sweepstakes;
- to respond to your inquiries and requests for information;
- to deliver and process surveys;
- to send you personalized promotions, advertisements and special offers;
- to maintain and improve our sites and the products and services we offer;
- to detect, prevent, or investigate security breaches or fraud; and
- to maintain appropriate records.
How We Share the Information We Collect
Your information may be shared with our affiliates, our franchisees and with vendors that help us to manage and process the information. We do not currently sell personal information about you to third parties. If we become involved with a merger or a situation involving the transfer of some or all of our business assets, we may share your information with business entities or individuals involved in that process. We may also share your information as required by or permitted by law, including sharing your information with law enforcement agencies or other governmental entities, with third parties in response to subpoenas or other court orders, or to exercise our legal rights or defend against legal claims against us. We may share your information with service providers who wish to provide you with promotions and special offers. We may share your information in a way that does not directly identify you. We also may share statistics about your use of our Website and services with other companies. If you do not want your information to be sold, click here.
Third Party Collection of Your Information
We may allow third parties to collect information for the following purposes:
- To collect information in order to display ads on our Website. These third parties may also collect anonymous information about visitors to our Website to display ads on other websites believed to be relevant to certain market segments;
- To gather general statistical data; and
- To link social media activity. We may include features on our Website that allow social networks (such as Facebook, Twitter, etc.) to track the activities of their members
How We Protect Your Information
We utilize commercially reasonable security measures to protect your information in order to reduce the risk of loss, misuse, unauthorized access, disclosure or modification. Except as outlined in this Policy, we restrict access to your personal information. However, unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, we cannot warrant the security of any information you transmit to us and you do so at your own risk.
Links to Other Websites
The Website may contain links to websites operated by third parties that may contain their own privacy policies. To ensure your privacy is protected, it is recommended that you consult the privacy policies on any linked websites. The Company is not responsible for the manner in which others use your personal information or from any damages suffered as a result of viewing or visiting any third party website. The Company also makes no endorsement or representation regarding anything found on a third party website.
Residents of California
California residents may request a notice disclosing the categories of personal information we have shared with third parties for the third parties’ direct marketing purposes. To request a notice, please contact us as described in the “Contact Us” section, below. We will make every effort to promptly respond to your request.
Collection of Information From Children
Our Website is not intended for use by anyone under the age of 18. We do not knowingly collect, use or disclose the personal information of children under the age of 18. If you are under the age of 18 you should not provide any information to us. We comply with the Children’s Online Privacy Protection Act. If you are a parent or guardian and believe we may have collected information about a child under the age of 18, please contact us as described in the “Contact Us” section below so we can take reasonable steps to remove that information from our servers.
If you have any questions, comments or concerns about this Policy and/or the Company’s practices or if you want to change your information, stop us from using your information, or opt out of receiving future promotional emails, text messages, telephone calls, and mailings from the Company, you can write to us at: Closets Unlimited of New Jersey, Inc., 436 Commerce Lane, Suite D, West Berlin, NJ 08091, Attn: Digital Privacy Department. You can also opt-out by following the opt-out instructions in promotional communications we send you. Please note that if you opt out of receiving promotional communications from us, we may still send you non-promotional communications, including emails about your accounts or purchases.