As used in these TERMS AND CONDITIONS OF USE, “Live the Lake NJ” “we,” “us,” or “our” refers to the companies identified above and their subsidiaries and affiliates, including. Big Fish Enterprises LLC d/b/a Alice’s Restaurant, Rusty Cleat LLC d/b/a The Windlass Restaurant, The Lake Hopatcong Adventure Company LLC, Lake Hopatcong Cruises LLC, Lakeland Marine Base LLC, Main Lake Market, Lake Hopatcong Golf Club.
The LIVE THE LAKE NJ companies provide our websites and/or mobile apps (collectively, the "Websites") for your use, subject to these Terms and Conditions of Use and all applicable laws and regulations. Please read these Terms and Conditions of Use carefully. By accessing and/or using the Websites, you fully and unconditionally accept and agree to be bound by these Terms and Conditions of Use, including binding arbitration. If you do not agree to these Terms and Conditions of Use, please do not visit or use the Websites. LIVE THE LAKE NJ reserves the right to revise these Terms and Conditions of Use, so please check back periodically for changes. Your continued use of the Websites following the posting of any changes to these Terms and Conditions of Use constitutes your acceptance of those changes. All changes are effective immediately when we post them and apply to the use of the Websites thereafter.
USE OF THE WEBSITES
LIVE THE LAKE NJ maintains the Websites for your informational and non-commercial personal use. The Websites are owned and operated by the LIVE THE LAKE NJ companies or their affiliates and are for the user’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any text, graphics, sound, downloads, software, including source and binary code, information, content, documents, products or services (collectively, the "Content") obtained from the Websites. Your use of the Websites for any other purpose is permissible only upon the express prior written consent of LIVE THE LAKE NJ. The Content and the Websites are the property of LIVE THE LAKE NJ or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by LIVE THE LAKE NJ to protect its contractual, statutory and common law rights in the Content. Notwithstanding copyright protection of individual elements appearing on the Websites is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained in the Websites. Permission to use the copyrighted content of the Websites for commercial purposes must be obtained through the prior written consent of LIVE THE LAKE NJ. Without limiting the foregoing, you may not: (1) use the Websites in a commercial manner, including by distributing, transmitting or publishing any of the Websites or any of the Websites Content; (2) interfere with others' use of the Websites; (3) impair the Websites’ operation or interfere with or disrupt the servers or networks connected to the Websites; (4) interfere with LIVE THE LAKE NJ's intellectual property rights; (5) frame or otherwise co-brand the Websites or any of the Websites’ Content; (6) deep-link to any portion of the Websites; or (7) use the Websites for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Websites, without notice, for any or no reason, and without liability to you or any third party. In such an event, we may inform your Internet service provider of your activities and take appropriate legal action.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Websites at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
LINKS TO OTHER WEBSITES OR MOBILE APPS
The Websites may include links to third-party websites or mobile apps. LIVE THE LAKE NJ does not control and does not make any representations regarding and is not responsible for the content, quality, safety, accuracy or privacy policies of any linked website or mobile app and the inclusion of any link on the Websites does not imply our endorsement of it. If you decide to access third-party websites, you do so at your own risk.
RESERVATIONS AND TRANSACTIONS
All reservations and transactions made through the Websites are subject to LIVE THE LAKE NJ's acceptance, which is in our sole discretion. Without limitation, this means that LIVE THE LAKE NJ may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.
By using the Websites, you consent to receive electronic communications and notices from LIVE THE LAKE NJ. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All copyrightable Content, the selection, compilation, arrangement and presentation of all materials and Content, and the overall design of the Websites are copyrighted by LIVE THE LAKE NJ, or are licensed to LIVE THE LAKE NJ, and are protected by law. All rights are reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Websites may also contain content that is owned by third parties, including our partners and advertisers. You may use such third-party content only as expressly authorized by the applicable owner. LIVE THE LAKE NJ does not warrant that your use of materials displayed on or linked to the Websites will not infringe the rights of third parties.
LIVE THE LAKE NJ trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by LIVE THE LAKE NJ that appear on the Websites are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by LIVE THE LAKE NJ.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that the Content or other materials posted on the Websites violate your intellectual property rights, please contact LIVE THE LAKE NJ (see the contact information on our Privacy Notice). Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Websites; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner's behalf.
The Websites are protected under the United States trademark law. The trademarks, trade names, logos, service marks, product names and company names (collectively, the “Trademarks”) appearing on the Websites are registered and unregistered trademarks of LIVE THE LAKE NJ and the LIVE THE LAKE NJ companies. All other marks, logos, product names and company names on the Websites are the property of their respective owners. Under no circumstances should anything appearing on the Websites be construed as granting by implication, estoppel or otherwise any form of license or authorization to use, reproduce or distribute the Trademarks displayed on the Websites. Misuse of Trademarks or any Content comprising the Websites is strictly prohibited. License to use any of the Trademarks may be obtained from LIVE THE LAKE NJ only by prior written consent, which may be withheld by LIVE THR LAKE NJ for any reason or no reason at all. By using the Websites, you agree to abide by any and all trademark notices, information or restrictions set forth on the Websites.
You agree that LIVE THE LAKE NJ is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgment or payment to you, for any purpose whatsoever, including, but not limited to, developing, providing and marketing products and services and creating, modifying or improving the Websites or other products or services.
If you have a username and/or password for access to non-public areas of the Websites, you are solely responsible for maintaining the confidentiality and use of the username and/or password. Further, you are responsible for all activities that occur in connection with your username and/or password. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within the Websites through the use of your username and/or password. You agree to notify us immediately of any unauthorized access to or use of your username and/or password or any other breach of security.
While we use our reasonable efforts to maintain the accuracy and reliability of the Websites, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Websites or for problems with the Websites operation. Your access and use of the Websites are at your own risk. Without limiting the foregoing, THE WEBSITES, THEIR CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LIVE THE LAKE NJ, ITS RELATED OR AFFILIATED COMPANIES, AND EACH SUCH COMPANY'S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITES, ANY INFORMATION PROVIDED BY THE WEBSITES OR ANY TRANSACTION ENTERED INTO THROUGH THE WEBSITES. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
The foregoing limitation of liability is not applicable to residents of New Jersey. With respect to residents of New Jersey, LIVE THE LAKE NJ, its related companies, and each such company's directors, officers, employees and agent are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and we are not, in any case liable for indirect, incidental, special, consequential or punitive damages.
You agree to indemnify and hold LIVE THE LAKE NJ and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Websites or your violation of any law or the rights of any person.
You agree that any controversy or claim arising out of or relating to the Websites or use of the Websites or these Terms and Conditions of Use, other than claims relating to infringement of copyright or other intellectual property, may only be settled by binding arbitration in accordance with this arbitration provision or alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitration must be held in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Rules and Procedures of the American Arbitration Association (respectively, "AAA” and “AAA Rules and Procedures"), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator must be selected pursuant to the AAA Rules and Procedures. The arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms and Conditions of Use regarding a claim not subject to binding arbitration must be brought in the federal court in the District of New Jersey or the state courts located in New Jersey. By using the Websites, you consent to the jurisdiction and venue of these courts.
If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, that provision must be construed consistent with applicable law, and the remaining provisions must be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms and Conditions of Use shall not constitute a waiver of that or any other provision. These Terms and Conditions of Use set forth the entire agreement between you and LIVE THE LAKE NJ in connection with your use of the Websites shall not be construed or deemed to create any partnership, joint venture, agency, franchise or another form of agreement or relationship than expressly set forth herein.
If you have any questions about these Terms and Conditions of Use, please contact us at firstname.lastname@example.org