Updated as of January 24, 2012
POM Recoveries, Inc., and its affiliates, web site developers, and other promotional partners (collectively, “POM,” or “we”, “us”, “our”) respect your concerns about privacy. This privacy notice (“Privacy Notice”) applies solely to information collected through the POM family of web sites, web pages, interactive features, applications, widgets, blogs and their respective contents at the following URL: www.pomr.com and their respective contents, whether accessed via computer, mobile device or other technology (collectively, the "Sites").
Information We Collect on Our Sites
Information You Provide To Us
The Sites may ask you to provide information that could reasonably be used to contact you or to identify you personally (such as your name, social security number, date of birth, e-mail address, telephone number, health or treatment information, or home address (“Personal Information”)). For example, POM may collect Personal Information when you register on the Sites, request information, submit comments or participate in some promotion, survey or other feature of the Sites, or otherwise communicate or interact with us. The Sites may also ask you to provide other information about yourself, such as demographic information (gender, zip code, age, etc.) or certain information about your preferences and interests. If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information. If you do not want your Personal Information collected, please do not submit it.
Information We Collect Automatically
Whenever you visit or interact with the Sites, POM, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Sites are accessed and used ("Usage Information"). Usage Information may include, in part, browser type, operating system, the page served, the time, and the preceding page views. This statistical data provides us with information about the use of the Sites, such as how many visitors visit a specific page on the Sites, how long they stay on that page, and which hyperlinks, if any, they “click” on. This information helps us keep our website fresh and interesting to our visitors and tailor content to a visitor's interests. Usage Information is generally non-identifying, but if POM associates it with you as a specific and identifiable person, POM treats it as Personal Information.
POM also automatically collects your IP address or other unique identifier ("Device Identifier") for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Sites. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by its Device Identifier.
The technologies used on the Sites to collect Usage Information, including Device Identifiers, may include the following:
Cookies are data files placed on a Device when it is used to visit the Sites. POM, or third-party advertising service providers, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting our Sites. Cookies allow us to collect technical and navigational information, such as browser type, time spent on our Sites and pages visited. Cookies allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Sites. If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features and services on our Sites may not work properly because we may not be able to recognize and associate you with your POM account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
A pixel tag is a transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed. In addition, a pixel tag may tell your browser to get content from another server. The pixel tags on POM's Sites are set only by companies we work with and supervise.
How We Use the Information We Collect
POM uses the information we collect about and from you for a variety of business purposes, including for example, to: respond to your questions and requests; provide you with access to certain areas and features of the Sites; verify your identity; communicate with you about your account and activities on the Sites and, in our discretion, changes to any POM policy; tailor content, advertisements, and offers we serve you; improve the Sites and for internal business purposes; process applications and transactions; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent. We may use or disclose certain health related Personal Information that may constitute “Protected Health Information or PHI” (as such term is defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA) to the extent such use or disclosure is permitted or required by a Business Associate Agreement (defined under HIPAA) and not prohibited by law. We may use or disclose PHI on behalf of, or to provide services to, Covered Entities (defined under HIPAA) for purposes of fulfilling our service obligations to Covered Entities, if such use or disclosure of PHI is permitted or required by the Business Associate Agreement and would not violate the requirements of HIPAA.
Sharing of Information
Except as provided in this Privacy Notice, we will not provide any of your Personal Information to any third parties without your specific consent. We may share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information with third parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Notice and in the following circumstances.
Third Parties Providing Services On Our Behalf
In order to carry out your requests, to make various features, services and materials available to you through the Sites, and to respond to your inquiries, we may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners), such as companies or individuals that: host or operate our Sites; consumer reporting agencies with respect to information relating to the collection of payments analyze data; provide customer service; advertisers; sponsors or other third parties that provide marketing or promotional assistance.Your Agreement To Have Your Personal Information Shared. While on our Sites, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party. If you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the Privacy Notice and business practices of that third party.
We may share your Personal Information with other entities and affiliates in the family of companies controlled by POM, for internal reasons, primarily for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, or assets related to the Sites, Personal Information, Usage Information, and any other information that we have collected about the users of the Sites may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
Information We Receive from Third Parties
POM may receive information about you from third parties. For example, if you are on another web site and you opt-in to receive information from POM, that web site will forward to us your e-mail address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature through which you allow us to collect (or the third party to share) information about you, including Personal Information. In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their "connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party web site or interactive service.
We may also supplement the information we collect about you through the Sites with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from these third parties with information we collect through the Sites. In those cases, we will apply this Privacy Notice to any Personal Information received, unless we have disclosed otherwise.
Your Choice and Access
You may always direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with information, or not to send you e-mails or other communications by: (i) sending us an e-mail at email@example.com (ii) contacting us by mail at 85 East Hoffman Avenue, Lindenhurst, New York 11757 or (iii) following the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it.
If you wish to verify, correct, or update any of your Personal Information collected through the Sites, you may edit your information via the member portal or contact us at the above address or e-mail. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
The Sites are not directed to children under 13. We do not knowingly collect personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
Security of Your Information
We use certain reasonable security measures to help protect your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Sites and provide us with your information at your own risk.
The Sites may contain links to other sites that we do not own or operate. This may include links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other web sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Sites (including those linked to through an email or social networking page).
Consent to Processing and Transfer of Information
The Sites are operated in the United States. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Sites, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen.
Please note, we may change information on the Sites and/or this Privacy Notice, at any time without prior notice to you, and any changes will be effective immediately upon the posting of the revised Privacy Notice on the Sites. However, POM will use your Personal Information in a manner consistent with the Privacy Notice in effect at the time you submitted the information, unless you consent to the new or revised policy.
If you have any questions or concerns regarding this Privacy Notice, please contact us at:
James V. Argutto
85 East Hoffman Avenue
Lindenhurst, New York 11757
Re: www.pomr.com Privacy Notice
Telephone: 1 (855) 826 - 2807
E-Mail: send us an email
Updated as of January 24th 2012
We may, in our sole discretion, modify this Agreement with or without notice to you. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Site after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Site. In addition, when using particular services or features, you shall be subject to any posted guidelines or policies applicable to such services, features that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
You acknowledge that all materials on the Site, including the Site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective intellectual property rights owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Company or the respective intellectual property rights owner. Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site are the sole property of Company and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Company and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Company and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Company. Company will enforce its intellectual property rights to the fullest extent of the law.
Links; Third Party Websites
Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. Company does not control or endorse any such third party websites. You agree that Company and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Company expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company and its affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Disclaimer; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPANY AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “COMPANY AND ITS AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPANY AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SITE WILL BE CORRECTED, AND (VI) . ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY AND ITS AFFILIATES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
COMPANY AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY AND ITS AFFILIATES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY ON THIS SITE OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO COMPANY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Company and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, (including without limitation any reasonable attorneys' fees and costs), resulting or arising from or relating to your use of or conduct on the Site, any activity related to use of the Site by you, any material that you submit to, post on or transmit through the Site, your breach of this Agreement, your infringement or violation of any rights of another (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights), violation of any applicable law, rule, or regulation, negligence, recklessness, or misconduct, unauthorized use of your Account Information by a party other than Company, or termination of your access to the Site.
Site Usage; Termination of Usage
To use certain portions of the Site, you must register and open an account (“Account”). Accounts may not be transferred, sold, or used by any other party without the express permission of Company. You agree that any information you provide to Company, whether through the Account registration process or otherwise, including, without limitation, passwords, usernames, login ID's, business profiles, credit card information, financial information, personal medical information, information of any kind regarding a business' employees, and any other personally identifiable information whether through questionnaires, registration forms, or other information requests ("Account Information"), will be true, accurate, current, and complete. You agree not to provide Account Information that is false, inaccurate, misleading, or fraudulent. You agree to provide Company with any information reasonably requested by Company related to the provision of the services on the Site and necessary for administration of the Account. If you provide any information that is false, inaccurate, outdated or incomplete, or Company has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Company has the right to suspend or terminate your access to this Site and prohibit any and all current or future use of the Site (or any portion thereof) by you.
You are solely responsible for all transactions and transmissions that occur through the use of your Account Information, and it is your responsibility to maintain and promptly update your Account Information. You agree that Company is not liable to you or any third party for damages or losses related to the accuracy or disclosure to Company of your Account Information. It is your responsibility to maintain the confidentiality of your Account Information. Company requires that you agree not to share your Account Information with another person, nor allow another person to use your Account Information. If you believe that someone has used your Account Information to access any Company Services without your authorization, please contact Company immediately.
Please review Company's Privacy Notice for more information regarding Company's policies and procedures for disclosing and using your Account Information. Subject to the Privacy Notice, Company retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store your Account Information (in any media, currently known or unknown) related to this Agreement or Company's provision of the Services.
You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false e-mail or other headers, or otherwise conceal your identity from Company for any purpose. If you believe that someone has used your Account Information to access the Site or use or purchase the Services without your authorization, please contact us immediately at (855) 826 – 2807.
You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to upload, email or otherwise transmit through this Site any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by Company; or use the Site or Services to post any unlawful, misleading, infringing, abusive, threatening, harassing, libelous, defamatory, vulgar, obscene, inflammatory, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that could constitute or encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site. You agree not to collect, harvest, or store personal information about other users of the Site or the Services
Company makes no representation that Materials contained on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not Company and its affiliates, are responsible for compliance with applicable local laws.
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that Company and its affiliates shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
You agree that Company may terminate or suspend your access to all or part of this Site, without notice, for any conduct that Company, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Company and its affiliates.
Company also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in Company’s sole discretion, may create liability for Company, its agents or its contractors, or may affect Company’s business relationships or contracts with its agents or its contractors. Company further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive, or do not conform to this Agreement - though Company shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to its posting. You agree Company has the right, but is not obligated, to monitor your use of the Site and Account and any communications made by you related to such use in any manner; and you release Company from any liability related to its monitoring activities.
The following sections shall survive any termination of this agreement:
- Disclaimer; Limitation of Liability
- Site Usage; Termination of Usage
- Rules for Sweepstakes, Contests, Raffles, Surveys, and Similar Promotions
- Entire Agreement
- Contact Information
Rules for Sweepstakes, Contests, Raffles, Surveys and Similar Promotions
Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of New York in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of New York and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in New York.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."
This Agreement constitutes the entire and only Agreement between Company and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
The failure of Company and its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer; Limitation of Liability" provisions of this Agreement are for the benefit of Company and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
If you have any comments, questions, or complaints regarding this Agreement, or wish to report any violation of this Agreement, please contact us at:
James V. Argutto
85 East Hoffman Avenue
Lindenhurst, New York 11757
Telephone: 1 (855) 826 - 2807
E-Mail: send us an email
We will address any issue to the best of our abilities as soon as possible.