Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

This page, and the documents referenced on this page, set forth the Terms of Use (“Terms”) under which you may use the BESLER (“BESLER”) website as a guest.  By using our website, you accept and agree to comply with the Terms and our Privacy Policy. If you do not agree with the Terms or our Privacy Policy, then do not use our website. The Terms are effective as of April 18, 2013.

The information contained on this website is provided by BESLER as owner and operator of the website for general guidance and is intended to offer the user general information of interest. This information should not be construed as legal, accounting, clinical or other professional advice, consultation or service.

By accessing this website you acknowledge that you have read and understood the Terms and that you voluntarily agree to be bound by the Terms. You also agree to comply with all laws and regulations applicable to the use of this website, to the use of the Internet, and to the activities relating to the use of this website.

Copyright

The information presented on this website is copyrighted, and any unauthorized use of such content may violate copyright, trademark and other laws. Should you download the information on this website for personal or non-commercial use, you must retain all copyright, trademark or other similar notices contained in the original materials on any copies of the material.  Information on the website may not be modified, reproduced or publicly displayed, performed or distributed, or used for any public or commercial purposes.  You may not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  You are not permitted to incorporate any materials, or any part of the materials, from this website to any other work or publication, whether in hard copy or electronic or any other form, without BESLER’s written permission.

Service Marks

The names and logos identifying BESLER and its products and services are proprietary marks of BESLER.  Nothing in these Terms allows you any license of any mark or of any other intellectual property right of BESLER, subject to the provisions above relating to copyright. For further information, please contact webmaster@besler.com.

Situs

This website is controlled by BESLER from its offices within New Jersey. BESLER complies with all laws of New Jersey applicable to this website and to the Internet. Visitors who visit this website from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.

Venue & Jurisdiction

Claims relating to this website, to the use of this website, and to the information content, material, goods and services available through this website are governed by the laws of the State of New Jersey, without regard to choice of law principles. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction of the federal and state courts of New Jersey for any litigation concerning this website and your use of this website. You agree not to plead forum non-conveniens in any such action.

Privacy

Please read our Privacy Policy, which is incorporated herein by reference.

Limitation on Usage

BESLER may: (i) limit your access to any part of this website without notice to you; and (ii) terminate your use of this website at any time. Also, BESLER reserves the right to prohibit any conduct involving this website that we deem to be inappropriate.

Your Online Conduct

By accessing our website, you agree:

  • To use this website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use of, this website by any third party;
  • Not to upload, post, transmit or distribute any material in which you do not own or have the right to use the intellectual property rights, or any material which is unlawful or which is potentially harmful, threatening, abusive, libelous, defamatory, pornographic or otherwise obscene, racially or ethnically or otherwise objectionable or damaging to BESLER’s reputation;
  • To use this website only for its intended purposes;
  • Not to disrupt this website and not to disrupt or interfere with any other visitor’s use of this website;
  • Not to interfere with or compromise the security of this website, or any equipment, systems or networks used to operate this website, and not to transmit any data, or send or upload any material, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely this website, or any equipment, systems or networks used to operate this website;
  • Not to attempt to obtain access to any portion of this website or any equipment, systems or network from which you are restricted;
  • That you are solely responsible for any actions you undertake while visiting this website and that you will comply with all applicable local, state, national and international laws and regulations applicable to this website and the Internet, including United States copyright and export regulations; and
  • Not to reproduce, duplicate, copy or re-sell any part of this website.

Web Links

Any links provided on this website to third party external websites are for general informational purposes only. BESLER does not adopt or endorse any third party statements contained or presented on such websites. The following web link activities are explicitly prohibited by BESLER and may present trademark and copyright infringement issues:  (i) links that involve unauthorized use of our logo or any service marks, taglines, or other copyrighted material; (ii) framing, inline links or metatags; and (iii) using a hyperlink or another form of link that disguises the URL and bypasses the home page.

Transmission of Third Party Content

You may not upload, post or otherwise distribute on this website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the Web. Anything for which permission has been granted to upload, post, or otherwise distribute must contain the owner’s copyright notice and the phrase “used by express permission.” The unauthorized use, uploading, posting, and/or distribution of content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution. BESLER is not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary-right protected material.

Pursuant to the Digital Millennium Copyright Act, BESLER designates its General Counsel to receive complaints and notices of suspected copyright infringements. BESLER’s General Counsel can be reached via email at generalcounsel@besler.com and by regular mail at: BESLER, 116 Village Blvd., Suite 200, Princeton, New Jersey 08540, Attn: General Counsel.

DISCLAIMER

THE DISCLAIMERS SET FORTH IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW.

BESLER WILL TAKE REASONABLE CARE IN PREPARING THE CONTENT OF THIS WEBSITE, BUT THE MATERIAL DISPLAYED ON THE WEBSITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, BESLER, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTIES CONNECTED TO BESLER HEREBY EXPRESSLY EXCLUDE:

  1. ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF TORT OR OTHERWISE; AND
  2. ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THIS WEBSITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THIS WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, BUSINESS PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA OR GOODWILL, WASTED MANAGEMENT OR OFFICE TIME AND FOR ANY FURTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.

BESLER CANNOT GUARANTEE THAT THIS WEBSITE AND ANY DOCUMENTS, FILES AND INFORMATION HOSTED OR DOWNLOADED FROM THIS WEBSITE WILL BE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, KEYSTROKE LOGGERS, SPYWARE AND OTHER HARMFUL PROGRAMS OR COMPUTER CODE DESIGNED TO ADVERSLY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE. BESLER SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE WHICH MAY BE SUFFERED BY ANY PERSON ARISING FROM ANY HARMFUL ITEMS LISTED IN THIS PARAGRAPH.

YOU ACKNOWLEDGE AND ACCEPT THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT FREE AND MAY FROM TIME TO TIME REQUIRE PERIODS OF DOWNTIME (BEING PERIODS DURING WHICH THIS WEBSITE IS NOT AVAILABLE TO THE USER) FOR THE PURPOSES OF REPAIR, MAINTENANCE AND UPGRADING. ACCORDINGLY, BESLER DOES NOT GUARANTEE UNINTERRUPTED AVAILABILITY OF THIS WEBSITE, BUT IT SHALL MAKE REASONABLE EFFORTS TO MINIMIZE ANY PERIODS DURING WHICH THIS WEBSITE IS NOT AVAILABLE.

Severability

If any provision of these terms of use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms.

Integration Clause

You hereby acknowledge that these Terms, including the documents referenced herein, represent the entire understanding between you and BESLER concerning your use of our website, and the content and services available on this website.

Variations

BESLER may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes BESLER has made, as they are binding on you.

This policy was last modified on April 18, 2013.

Users’ Concerns

If you have any concerns about material which appears on our website, please contact webmaster@besler.com.

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