CGP&H, LLC WEBSITE
TERMS & CONDITIONS OF USE
CONSISTENT WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998, AS AMENDED, THE CGP&H WEBSITE AND SERVICES ARE NOT STRUCTURED OR INTENDED FOR USE BY ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18 YOU ARE NOT TO USE THE CGP&H WEBSITE OR SERVICES.
Welcome to the www.Affordablehomesnewjersey.com website (the “Website”), owned, operated and maintained by CGP&H, LLC, a limited liability company organized and existing under the laws of the State of New Jersey (“CGP&H”).
If you visit or use the Website you automatically accept and agree to these Terms & Conditions of Use (the “Terms”). CGP&H may amend these Terms at any time. If you continue to use the website after the amendments become effective, you automatically agree to be bound by the Terms, as amended. If you do not agree to these Terms, as amended from time to time, do not use the Website.
If you have any questions regarding these Terms, you may contact CGP&H by email at email@example.com.
You hereby represent and warrant to CGP&H that: (i) you are over the age of 18; and (ii) you have read, understand, and agree to these Terms in their entirety.
CGP&H WEBSITE SERVICES
Through its Website CGP&H offers users such as you (“You”, “Yourself” or “Applicant”, as the context warrants) the opportunity to identify and apply for affordable housing offered by third-party sellers and landlords (“Housing Providers”).
CGP&H is committed to making each Applicant’s CGP&H experience a positive one. However, we do not guarantee that You will be eligible for affordable housing or that we will be able to match You to an appropriate Housing Provider.
Each request for matches You submit to CGP&H is reviewed by CGP&H’s staff to ensure Your eligibility and to facilitate matching eligible Applicants to appropriate, available affordable housing locations and Housing Providers. You agree that CGP&H may provide any or all of the Applicant Information You provide to Housing Providers in the CGP&H network. These Housing Providers may contact You directly to schedule a time for You to view their available affordable housing properties.
You agree that CGP&H and the Housing Providers to whom it refers Your Applicant Information may contact You at whatever telephone numbers and/or email addresses You provide, and that they may do so even if You are listed on any “Do Not Call”, or similar or like list, and you hereby waive the protections afforded by such lists and the laws by which they exist for the limited purposes provided and contemplated hereby.
You alone are responsible for Your use of the Website, as well as any use of the Website by any other person(s) who access it with your permission, or using Your Website Profile Link.
GRANT OF REVOCABLE, NONEXCLUSIVE, LIMITED LICENSE
CGP&H hereby grants You a revocable, limited license to access and make personal use of the Website consistent with its goals and purposes and according to the Terms, and for no other purpose whatsoever. You may not use, alter, duplicate, reproduce or download (other than page caching) the Website, or any portion of it, directly or indirectly, using or by means of any medium, except with the express written consent of CGP&H. This license does not include the right to: (i) resell or use commercially the Website or any of its content; (ii) make any derivate use of the Website or any of its content; (iii) make any collection or use of any housing listings, descriptions, or prices; or (iv) any use of data mining, robots, or similar data-gathering or extraction tools. Neither the Website nor any portion of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of CGP&H. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CGP&H without the express written consent of CGP&H. You may not use any meta tags or any other “hidden text” utilizing the CGP&H name or its trademarks or other intellectual property without the express written consent of CGP&H. Any unauthorized use of the Website or its content automatically revokes the license granted hereby. You hereby are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray CGP&H, or its products or services in a false, misleading, derogatory, or offensive light or manner. You may not use any CGP&H logo or other proprietary graphic or trademark as part of the link without the express written permission of CPG&H.
Your Website Profile link will be emailed to the email account provided to CGP&H. You are responsible for maintaining the confidentiality of Your Website Profile, and for restricting access to the Website Profile from or through Your computers, and You agree to be responsible for all activities that occur on or through the Website by anyone using Your Website Profile. Children or minors may not use the Website; it is for use only by adults. If You are under 18, You may not use the Website. CGP&H reserves the right to limit or deny You access to the Website, terminate Your Website account, and to remove or edit Website content, all in its sole discretion and without prior notice to You.
USE OF WEBSITE; COMMUNICATIONS
If the Website allows, Website users may post reviews and comments on the Website, communicate with CGP&H, and submit suggestions, ideas, comments, questions, or other information to CGP&H, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious, and does not consist of or contain software viruses, malware, political material, religious material, commercial solicitation, solicitation of donors, chain letters, mass mailings, or any form of “spam.” You may not use false e-mail address(es), impersonate any person or entity, or otherwise mislead as to the origin of any communication You or other content you submit or post on or through the Website. CGP&H disclaims any and all obligations to review, remove, or edit such content, however CGP&H reserves the right to review, remove or edit such content from time to time in its sole discretion.
If You post content or submit material to or through the Website (all of the foregoing “Your Content”), You automatically grant CGP&H and its sub-licensees, if any, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right (A) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in, by or through any and all media, and (B) to use the name that You submit in connection or association with Your Content. You represent and warrant to CGP&H that: (i) You own or otherwise control all of the rights to Your Content; (ii) Your Content is accurate, truthful and not misleading; (iii) use of Your Content does not violate these Terms and will not cause injury to any person or entity; and (iv) You agree to indemnify CGP&H for any and all claims, losses, damage, costs and expenses, including reasonable attorney’s fees, resulting from, caused by, or in any way attributable to Your Content. CGP&H has the right but not the obligation to monitor and edit or remove all or part of Your Content from the Website, however CGP&H hereby disclaims any and all responsibility, and assumes no liability whatsoever, for any content communicated or posted by You or any third party on or through the Website.
Parties other than CGP&H may provide services and/or sell products on or by means of the Website. In addition, the Website may provide links to the websites of companies affiliated with CGP&H and/or other unaffiliated businesses. CGP&H is not responsible for examining or evaluating, and it does not warrant or guarantee in any way, any offering of any of such affiliated or unaffiliated business or the content they communicate or post on their websites.
CGP&H IS NOT RESPONSIBLE FOR THE QUALITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE OF, AND IT DOES NOT WARRANT OR GUARANTEE, OTHER’S GOODS OR SERVICES OR THE CONTENT OF OTHER’s WEBSITES. CGP&H DOES NOT ASSUME, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL RESPONSIBILITY AND LIABILITY FOR AND ASSUMES NO LIABILITY WHATSOEVER, FOR THE ACTIONS OR INACTIONS, GOODS OR SERVICES, OR CONTENT OF THESE AFFILIATED OR UNAFFILIATED BUSINESSES OR THEIR WEBSITES, EVEN IF LINKED TO OR BY MEANS OF THE CGP&H WEBSITE.
CGP&H does not: (i) endorse or recommend the goods or services offered by any particular Housing Provider; or (ii) offer advice regarding the quality or suitability of any particular Housing Provider or property. It is Your responsibility to obtain any and all additional information necessary for You to make an informed decision before communicating with or entering into any agreement with any Housing Provider. It is entirely Your choice whether or not to communicate or enter into an agreement with a Housing Provider.
Housing Providers are not employees, agents, representatives, or partners of CGP&H, nor is CGP&H an agent, employee or representative of any Housing Provider. Your rights and responsibilities under any agreement You may enter into with an Housing Provider are governed by the terms of that agreement, and by all applicable laws and regulations. Should You have any grievance or dispute with any Housing Provider, You should address the grievance or dispute directly with the Housing Provider, and not with CGP&H.
CGP&H reserves the right to bar, exclude, limit, or otherwise restrict Your access to and use of the Website at any time, for any or no reason, with or without notice, in its sole discretion.
CGP&H is not responsible for monitoring usage of, or content on, the Website.
CGP&H does not guarantee or warrant the accuracy, completeness, or timeliness of any information contained in or accessed by or through the Website.
THE CGP&H WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, GOODS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO BY OR THROUGH IT, IS OFFERED AND PROVIDED BY CGP&H ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPRESSLY PROVIDED IN WRITING, CGP&H MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CGP&H WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, GOODS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY OR THROUGH THE CGP&H WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CGP&H HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CGP&H DOES NOT WARRANT THAT THE CGP&H WEBSITE, INFORMATION, CONTENT, MATERIALS, GOODS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE BY OR THROUGH THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM CGP&H ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL ELEMENTS OR COMPONENTS. CGP&H WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE CGP&H WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, GOODS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE CGP&H WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITING BY CGP&H.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AUTOMATICALLY RELEASE AND DISCHARGE CGP&H, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS AND ITS PARENTS’, SUBSIDIARIES’ AND AFFILIATES’ OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND EACH AND ALL OF THEIR SUCCESSORS, ASSIGNS AND PERSONAL REPRESENTATIVES FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, SUITS, DEBTS, DUES, SUMS OF MONEY, ACCOUNTS, RECKONINGS, BONDS, BILLS, SPECIALTIES, COVENANTS, CONTRACTS, CONTROVERSIES, AGREEMENTS, PROMISES, VARIANCES, TRESPASSES, DAMAGES, JUDGMENTS, EXTENTS, EXECUTIONS, CLAIMS, AND DEMANDS WHATSOEVER, IN LAW, ADMIRALTY, OR EQUITY, THAT YOU EVER HAD, NOW HAVE OR HEREAFTER CAN, SHALL, OR MAY HAVE, FOR, UPON, OR BY REASON OF ANY MATTER, CAUSE OR THING RELATING TO, CONCERNING OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE CGP&H WEBSITE AND/OR ANY AND ALL GOODS OR SERVICES OFFERED OR PROVIDED, DIRECTLY OR INDIRECTLY, BY OR THROUGH THE CGP&H WEBSITE.
Without limiting the foregoing, under no circumstances will CGP&H be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
The laws of the State of New Jersey, without regard to any conflict of laws principles, will govern these Terms and any and all disputes of any sort that might arise between You and CGP&H.
JURISDICTION AND VENUE FOR DISPUTES
Any and all disputes relating in any way to CGP&H or the Website shall be brought, and venue shall be placed, exclusively in the United States District Court for the District of New Jersey or in the Superior Court of the State of New Jersey sitting in Middlesex County, New Jersey, and You hereby consent to such exclusive jurisdiction and venue.
These Terms may be amended at any time and from time to time in the sole discretion of CGP&H. CGP&H will notify every Applicant whose email address it has before amending these Terms, and in this way CGP&H will give You an opportunity to review the amended Terms before You continue to use the Website and accept the amended Terms. Thereafter Your use of the Website automatically will constitute acceptance of and agreement to the Terms, as amended. Any provision of these Terms that is held or found to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be severed from the remainder of the Terms and shall be ineffective, to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Except as otherwise expressly provided in these Terms, every covenant, term, and provision of these Terms shall be binding upon and inure to the benefit of You, CGP&H, and Your and CGP&H’s respective heirs, representatives, successors, transferees, and assigns.
These Terms, and the other policies and agreements described herein, constitute the complete understanding of the parties hereto and shall supersede all other oral or written agreements, arrangements, representations and communications regarding the subject matter hereof.
DELAYS OR OMISSIONS; WAIVER
No delay or omission to exercise any right, power or remedy accruing to any party upon any breach or default of any other party hereto under these Terms shall impair any such right, power or remedy of any party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, of any similar breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character of any breach or default under these Terms must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under these Terms, or by law or otherwise shall be cumulative and not alternative.
LIMITATION OF ACTIONS
You agree that regardless of any law to the contrary, any and all claims or causes of action arising out of or related to Your use of the Website, or these Terms, must be commenced within one (1) year after such claim or cause of action accrued or else it shall be forever barred.
WAIVER OF JURY TRIAL/CLASS ACTIONS
YOU AGREE THAT ALL LEGAL CLAIMS BY YOU AGAINST CGP&H SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT BY YOU AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER ALSO APPLIES TO ANY CLASS ARBITRATION, AND, UNLESS CGP&H AGREES OTHERWISE IN WRITING, AN ARBITRATOR MAY NOT CONSOLIDATE YOUR CLAIM(S) WITH THOSE OF ANOTHER. YOU AND CGP&H HEREBY IRREVOCABLY AND FOREVER WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND IN ANY WAY ARISING OUT OF OR CONCERNING THESE TERMS AND/OR THE CGP&H WEBSITE.
Any and all notices from CGP&H will be sent to You by email sent to the email address(es) that You have provided to CGP&H through the Website. Such a notice will be deemed given one business day after the e-mail is sent. Except as expressly stated otherwise, any and all notices required hereunder to be given to CGP&H must be sent to firstname.lastname@example.org or to the following address:
Affordable Homes New Jersey,
1249 South River Road, Suite 301
Cranbury, NJ 08512-3633
In the event You breach any representation, warranty or other obligation hereunder that results in legal action by or against CGP&H, then You agree to reimburse CGP&H for its reasonable costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees.
The following Sections survive any termination of these Terms: Disclaimers; Release; Miscellaneous; and any and all provisions regarding indemnification.
Date of Last Revision: November 11, 2015
Copyright 2015, CGP&H, LLC