Luso American Veterans Monument Liability Disclaimer and Terms of Use (“Agreement”).
The Luso American Veterans Monument (“LAV”) website (the “website”) is offered to you, the user (“User”), conditioned on acceptance of the terms, conditions, and notices contained herein, without modification. User access and use of the website constitutes acceptance of these terms and conditions.
In preparation of these pages, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything herein, LAV and its authorized agents and contractors disclaim any responsibility for any errors and do not guarantee the accuracy of any information that may be contained on the website. The information and data included in the website have been compiled by LAV staff from a variety of sources, and are subject to change without notice to the User. LAV AND ITS AUTHORIZED AGENTS AND CONTRACTORS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE QUALITY, CONTENT, COMPLETENESS, SUITABILITY, ADEQUACY, SEQUENCE, ACCURACY, OR TIMELINESS OF SUCH INFORMATION AND DATA.
In any situation where the official printed publications of LAV differ from the text contained in the website, the official printed publications take precedence. THE SERVICES, INFORMATION, AND DATA MADE AVAILABLE AT THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. LAV AND ITS AUTHORIZED AGENTS AND CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION OR FUNCTIONALITY OF THE WEBSITE, ITS SUITABILITY FOR USE, OR THAT THIS WEB SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
By using the LAV website, the User assumes all risks associated therewith, including but not limited to; any risk to User’s computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a LAV web page, the website or User’s access to it. LAV AND ITS AUTHORIZED AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THE INFORMATION OR LACK OF INFORMATION ON THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FROM ANY INFORMATION, DOCUMENTS, SERVICES, SOFTWARE, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LAV AND/OR ANY OF ITS AUTHORIZED AGENTS, CONTRACTORS, EMPLOYEES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. LAV and its authorized agents and contractors shall not be liable for any loss or injury caused in whole or in part by their actions, omissions, or contingencies beyond their control, including procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any User’s decision or action taken or not taken in reliance upon information furnished..
This Agreement is governed by the laws of the State of New Jersey, USA. User consents to the exclusive jurisdiction and venue of courts in Essex County, New Jersey, USA in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
LAV’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of LAV’s right to comply with law enforcement requests or requirements relating to the User’s use of the website or information provided to or gathered by LAV with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and LAV and its contractors and agents with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and LAV with respect to the website. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in the website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Revisions to this Agreement may be made from time to time and will be posted to this location. Your continued use of this website following changes to our terms constitutes your acceptance of our amended terms. We will also post the last date of revision at the bottom of the page.
Any rights not expressly granted herein are reserved for the benefit of LAV.
Last updated: February 24, 2016
For more information contact LAVMonument@gmail.com
