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.