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Effective Date of Current Policy: April 17th, 2008

TERMS OF USE

PLEASE READ THIS TERMS & CONDITIONS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. 

Raphael & Associates ("R&A") provides this website and website-related services (collectively, the "Website") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement").  This Agreement governs the relationship between R&A and you, the Visitor, with respect to your use of this Website.  YOUR USE OF THIS WEBSITE BINDS YOU TO THE TERMS AND CONDITIONS CONTAINED HEREIN.  If you do not agree to these terms and conditions, you must not use this Website.

As used in this Agreement, the words "you" and "your" refer to any person accessing the R&A Website.  The words "we," us," and "our" refer to R&A.

R&A may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website.  Any changes that are made to this Agreement will be effective immediately upon posting.  Please check this page periodically for changes to the Agreement.  Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.

Further, R&A reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you.  You agree that R&A shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials (as defined below).

If you have any questions about this Agreement, please contact us at info@raphaelandassociates.com



IMPORTANT NOTICES
R&A makes available the information and materials on the Website (the "Materials") for general informational purposes only.  The Materials and information are not intended to constitute, and do not constitute, claims, administrative or legal advice. 


RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials.  In addition, your use of the Website is conditioned on your compliance with the following rules of conduct.  You agree not to use this Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any R&A employee, agent, or representative; or expressing or implying that R&A endorses any statement you make.  You also may not modify, adapt, translate, reverse engineer decompile or disassemble any portion of the Website or Materials.  Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website.  Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful code is prohibited.  Moreover,  you may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about R&A employees and representatives identified on the Website, without their express consent. You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access to the Website or the Materials.  Finally, you may not frame or mirror all or any part of the Website without our prior express written authorization.

R&A'S INTELLECTUAL PROPERTY RIGHTS
This Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You may print and/or download a copy of any part of the Website for your personal, non-commercial use, but you may not copy any part of the Website for any other purpose without the express written consent of R&A and you may not modify any part of this Website for any reason.  Inclusion of any part of this Website in another work, whether in printed, electronic or other form, and inclusion of any part of the Website in another website by linking, framing or otherwise, are strictly prohibited without agreeing to R&A 's Terms and Conditions.

The trademarks, service marks, logos and any designs used or displayed on the Website specific to R&A are trademarks and/or service marks owned by R&A.  Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of R&A, is strictly prohibited.  Other copyrighted works, trademarks, service marks, trade names and company logos utilized in the Website are the property of their respective owners.  All rights reserved.

R&A can be reached by directing communications to:

Raphael & Associates
301 Route 17 North, Suite 500
Rutherford, New Jersey 07070


LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES 
IN NO EVENT SHALL R&A, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THIS WEBSITE.  R&A DOES NOT WARRANT THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  FURTHER, NEITHER R&A NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THIS WEBSITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS.

INDEMNITY
You agree to defend, indemnify and hold harmless R&A, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:

                               Your activities in connection with this Website.

                               Any violation of this Agreement by you.

                               Any improper or unauthorized use of the Materials by you.

*                               Any allegation that anything you transmit through or in connection with the Website infringes or otherwise violates the intellectual property, privacy or other rights of any third party.


SEVERABILITY
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. 


CHOICE OF LAW AND JURISDICTION 
Unless otherwise specified, the Website and its contents are provided solely for providing information about R&A.  The Website is controlled and operated by R&A from its New Jersey location.  As such, any dispute arising under the Terms and Conditions shall be resolved exclusively by New Jersey's state or federal courts, applying New Jersey law, and, by your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.

CLIENTS 
If you are a R&A client, nothing in this Agreement will supersede any provision of your oral, implied or other written agreement with respect to the client relationship.

LINKS TO OTHER WEBSITES
This Website contains links to other sites ("Third Party Websites").  These links are provided solely for the convenience of our users.  R&A does not necessarily endorse, sanction or verify the accuracy of the information contained on Third Party Websites.  Once you access a Third Party Website through a link on this Website, you are no longer covered by the privacy policies or Terms and Conditions of this Website.  Concerns regarding a Third Party Website should be directed to the Third Party Website itself.  R&A bears no responsibility for any action associated with any Third Party Website.

POLICIES FOR CHILDREN
Our Website is not directed to individuals under the age of 13.  However, we advise all visitors to this Website under the age of 13 not to disclose or provide any Personally Identifiable Information.  In the event that R&A  discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.
Please see the Federal Trade Commission's website for this act:  http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information. 

Copyright © 2008, RAPHAEL & ASSOCIATES
All rights reserved.


Privacy Policy

This Privacy Policy governs the way in which Raphael & Associates ("R&A") collects and uses personal and non-personal information we learn about you from your visit to this website (the "Website"). This use is separate and distinct from R&A's use of information obtained during a client relationship because client information may be used or governed in accordance with executed contractual rules.


COLLECTION OF INFORMATION

R&A may collect non-personal information about your activity at this Website.  The Website may automatically recognize and store information about the type of browser you are using; your Internet Protocol ("IP") address; the time, date, and length of your visit; and the referring site.  This information, if collected, is collected via computer code sent to your computer (commonly referred to as "cookies").  The cookies will not expire, unless you manually delete them or set your browser to reject them.  If you do not accept the cookies, however, you may have difficulty navigating the Website.

R&A collects no personal information about you, typically defined as individually identifying information such as your name or e-mail address, unless you voluntary submit it.  You may submit information by clicking on various links, such as "Contact Us," or by contacting an individual R&A employee via an e-mail address provided in a hyperlink.

Although our computer systems are currently based in the United States, we operate internationally.  Your personal data will be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world, such as in the European Union.  By visiting the R&A  Website from outside the United States, you consent to the collection and processing in the United States of your non-personal information.


USE
R&A uses non-personal information to manage the Website.  R&A may analyze the data about visits to the Website to make it more accessible and interesting for visitors. Further, R&A may share this data with third parties, usually to provide services for R&A associated with the maintenance of the Website. If you submit information to the Website, the information will be used for the purpose you requested. For example, if you submit a question, your information will be used to respond to you. That information may be stored and maintained. R&A may also use that information to provide you with additional information in the future that it deems may be of interest to you. In addition, R&A may share this information with third parties to fulfill your request or to provide other services that may be of interest to you.  If you do not wish R&A to use your information in accordance with this policy, please do not submit any personal information to R&A or its employees.


ACCESS AND CHOICE
If you would like to update any information you have sent to R&A, please contact us. R&A will also take reasonable efforts to honor any request you make to forgo contacts with you in the future or delete your information. Please note that if you make an opt-out request, R&A will retain your e-mail address list to make efforts to ensure that you are not contacted in the future.


REVISIONS TO THE PRIVACY POLICY
The Internet and the benefits it offers are evolving rapidly, as are the ways in which people use the Internet and the laws surrounding such use.  R&A therefore reserves the right to update and revise this Privacy Policy at any time. You can determine if this Privacy Policy has been revised since your last visit by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Website constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us, and you should therefore review this Privacy Policy regularly to ensure that you are aware of its terms.

Reproduction of  part or all of the contents in any form of  the R&A  Website is prohibited, other than for individual use, and may not be recopied and shared with a third party. The permission to recopy for individual use does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic or any other form.

Copyright © 2008, RAPHAEL & ASSOCIATES
All rights reserved.

Disclaimer

All materials on this website ("Website") are provided solely for informational purposes.  The materials are not intended to constitute claims advice or the provision of services.  Your use of this Website and viewing of these materials shall not create a client relationship with R&A or any of its employees.  The materials on this Website may not reflect the most current claims related or legal developments, and should not be used to forecast future results.

Please do not convey to us any information that you regard as confidential until a formal client relationship has been established.  Any information you convey to R&A via the Internet may not be secure, and information conveyed prior to establishing a client relationship may not be considered privileged or confidential.

Copyright © 2008, RAPHAEL & ASSOCIATES
All rights reserved.