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Terms of Use

These Terms of Use set forth the terms and restrictions regarding the use of the Cacace Properties, LLC. ("Cacace Properties") web site (www.cacaceproperties.com), by you, a user of cacaceproperties.com, and the entity you represent (hereinafter collectively "you" or "your"). By using cacaceproperties.com in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply only to your use of cacaceproperties.com and do not change or alter any other agreement between you and Cacace Properties. Cacace Properties reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. You should visit this page periodically to review the current Terms of Use. Your continued use of cacaceproperties.com following the posting of any changes to the Terms of Use constitutes acceptance of those changes. If at anytime you do not agree with these Terms of Use, your sole recourse is to not use, or stop using cacaceproperties.com.

Copyrights and Trademarks

Copyright © 2003 - 2004, Cacace Properties, LLC. All rights reserved worldwide. Cacace Properties is the registered trademark of Cacace Properties, LLC. Cacace Properties may have, from time to time, other registered trademarks.

Ownership and Use of Web Site Information

All information, materials and software on cacaceproperties.com, except noted third party materials, are the copyrighted work of Cacace Properties and are protected under United States and worldwide copyright laws and treaty provisions. You may download, view, copy and print documents (such as, white papers, press releases, product descriptions and FAQs) from cacaceproperties.com subject to the following:

  • any such use is solely for informational, non-commercial use
  • you may not modify or revise documents in any manner
  • you must keep and plainly display all copyright and other proprietary notices, in the same form and manner as on the original
  • you must display a statement that the materials are used solely with permission of Cacace Properties

Your use of documents specified above does not include the layout or design of cacaceproperties.com or the logos, graphics, sounds or images on this web site. Cacace Properties reserves the right to revoke its authorization at any time, and your use shall be discontinued immediately upon notice from Cacace Properties. If you want to use the documents referenced above or any other content of cacaceproperties.com in a manner that is not allowed in these Terms of Use, you must receive Cacace Properties's prior written consent.

Prohibited Use and Communications

Cacace Properties prohibits any unsolicited or bulk e-mail transmission to be sent, or caused to be sent, over the Internet, to any cacaceproperties.com e-mail address. You may not harvest or collect e-mail addresses from cacaceproperties.com for the purpose of sending unsolicited or bulk e-mail. Cacace Properties prohibits any e-mail transmission to be sent, or caused to be sent, to any cacaceproperties.com e-mail address if the e-mail is intended to, or appears intended to, harass, embarrass, threaten, defame or impersonate any person, or if the e-mail is pornographic, offensive, indecent, discriminatory or offensive on the basis of sex, color, national origin, race, age, religion, sexual orientation or disability. Cacace Properties prohibits any e-mail transmission to be sent, or caused to be sent, to any cacaceproperties.com e-mail address that makes use of a forged header or deceptive addressing, or which attempts in any manner to disguise the source of the e-mail. You may not use cacaceproperties.com or its contents in any way that could overburden, impair, disable or damage any Cacace Properties server, or the networks connected to any Cacace Properties server. You are prohibited from using cacaceproperties.com or its contents to interfere with any other party's use of cacaceproperties.com or any of Cacace Properties's products and services. You may not attempt to gain unauthorized access (through hacking, brute force, password mining or any other means) to any services, accounts, computer systems, or networks connected to any Cacace Properties server or to any of Cacace Properties's products or services. You may not obtain or attempt to obtain any materials or information that has not been made intentionally available by Cacace Properties on cacaceproperties.com. You agree that Cacace Properties may, in its sole discretion and at any time, terminate your access to cacaceproperties.com and any account(s) you may have in connection with cacaceproperties.com. Access to cacaceproperties.com may be monitored by Cacace Properties.

Links to cacaceproperties.com

Cacace Properties appreciates your interest in linking your web site to cacaceproperties.com. If you link your web site to cacaceproperties.com you agree to the following terms:

  • Links. You may include active links on web sites you control to direct a browser to Cacace Properties's current "home page" at http://www.cacaceproperties.com. However, you may not include web site links to any other page maintained on cacaceproperties.com unless you have received prior written permission of an officer of Cacace Properties or unless the your linking site is an Internet search engine.
  • Framing. You may not "frame" or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on cacaceproperties.com.
  • Modify/Replicate. You may not alter or modify cacaceproperties.com content or "cut and paste" or otherwise reproduce cacaceproperties.com content on the web site that links to cacaceproperties.com.
  • Misrepresentation. You must not misrepresent your relationship with Cacace Properties or imply that Cacace Properties is endorsing or sponsoring you or your web site.
  • Mislead. You must not present false, misleading or defamatory information about Cacace Properties, its products or services.
  • Content. The content on your site must be lawful and must not contain libelous, defamatory, obscene or pornographic material.
  • Risk. Cacace Properties makes no representations or warranties regarding the Cacace Properties web site, which is provided "as is." You link to cacaceproperties.com at your own risk. Cacace Properties is under no obligation to maintain cacaceproperties.com, provide or update cacaceproperties.com content or otherwise support your link to the Cacace Properties web site.
  • Termination. Cacace Properties may revoke this authorization at any time for any reason.

Links to Other Web Sites

cacaceproperties.com contains links to other web sites solely as a convenience to persons who visit cacaceproperties.com. Cacace Properties makes no representations about web sites linked to cacaceproperties.com. The inclusion of any such link on cacaceproperties.com does not imply that Cacace Properties endorses, recommends or accepts any responsibility for such sites, their content, products, services or companies. In addition, Cacace Properties is not responsible for the practices of those sites, even though Cacace Properties's name or logo may appear on those sites. We encourage you to read the terms of use and privacy policies of any web site that you visit, including those linked to cacaceproperties.com as their terms and policies may differ from ours.

No Endorsements

cacaceproperties.com may reference or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services but is merely for informational purposes. Cacace Properties makes no representation or warranties of any kind, express or implied regarding any referenced or mentioned company, its products, services or information.

Submissions

Cacace Properties does not want to receive confidential or proprietary information from you through its web site. Please note that any information or material sent to Cacace Properties will NOT be treated as confidential. If you submit information or materials to us (including but not limited to, ideas, know-how, concepts, techniques, feedback, data, questions, comments, suggestions, strategies, artwork, statistics, graphs, processes or plans) you grant Cacace Properties an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sub-licensable license to use in any way for any commercial or non-commercial purpose, including without limitation the right to: reproduce, copy, display (publicly or otherwise), perform(publicly or otherwise), modify, transmit, distribute, edit, reformat, translate, and make derivative works from those materials or information. You also grant Cacace Properties the right to use your name in connection with the submitted materials and information as well as in connection with all advertising, marketing and promotional material related thereto. You understand that you will not be compensated for any such use. You agree that you shall have no recourse against Cacace Properties for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

No Warranty

THIS WEB SITE, ITS CONTENTS AND ANY SOFTWARE (COLLECTIVELY, THE "WEB SITE") PROVIDED HEREIN IS PROVIDED ON AN "AS IS" BASIS. TO THE EXTENT PERMITTED BY LAW, NT DIGITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NT DIGITAL DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE NT DIGITAL WEB SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEB SITE WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, NT DIGITAL DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION OF THIS WEB SITE (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INTERRUPTIONS OF SERVICE OR DELAYS IN OPERATION OR TRANSMISSION), EVEN IF NT DIGITAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability

Cacace Properties may change the products, services, prices, and programs mentioned on cacaceproperties.com at any time without notice. Additionally, all products and services referred to on cacaceproperties.com are subject to availability and qualifications. Terms, conditions, and exclusions not described on this web site may apply.

Jurisdictional Statement

This web site is controlled, operated and intended for use only in the United States of America. We do not represent that materials on cacaceproperties.com are appropriate or made available for use outside of the United States of America.

Governing Law

These Terms of Use and all matters relating to your access to, or use of cacaceproperties.com shall be governed by the laws of the state of New Jersey. You agree that any legal action or proceeding between Cacace Properties and you for any purpose concerning these Terms of Use or cacaceproperties.com shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey. Any cause of action or claim you may have with respect to these Terms of Use or cacaceproperties.com must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.

No Waiver

Cacace Properties reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for violation of these Terms of Use. Cacace Properties's failure to enforce these Terms of Use in every instance in which it might have application does not amount to a waiver of Cacace Properties's rights.

Severability

If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.

Last updated: 3/22/2007