TOLL COMMUNICATIONS SITE
The TC Site is controlled by TC from its offices within the State of New Jersey. Users who choose to visit this TC Site from this or other jurisdictions do so on their own initiative. Those users are solely responsible for compliance with all applicable federal, state, local and foreign laws, rules and regulations in connection with their use of this TC Site.
Venue and Jurisdiction:
Claims arising from or related to this TC Site, to the use of this TC Site, and to the information, content, material, and services available through this TC Site are governed by the laws of the State of New Jersey. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state and federal courts located in Trenton, New Jersey with respect to any claims arising from or related to this TC Site, your use of this TC Site and any information received through this TC Site. You agree not to plead forum non conveniens in any such action. You consent to service of process.
Change of Terms:
Alteration of Site:
TC may change, suspend or discontinue any feature, aspect, product or service available through this TC Site at any time. TC may alter the availability of any feature of this TC Site or service related to any feature of this TC Site at any time. TC may add, remove or modify any content of this TC Site, including any TC Content, User Content or Third Party Content (as those terms are defined below and, collectively, the “Content”) , at any time in its sole discretion.
Limitation on Usage:
TC may limit your access to any part of this TC Site without notice to you. TC may terminate your use of this TC Site at any time.
Visitor On-line Conduct:
- You agree to use this TC Site only for lawful purposes.
- You agree to use this TC Site only for its intended purposes.
- You agree not to disrupt this TC Site.
- You agree not to interfere with or compromise the security of this TC Site, or any computer, server, account, network, data, software and/or hardware associated with this TC Site.
- You agree not to disrupt or interfere with any other user’s use of this TC Site or do anything to violate their legal rights, including but not limited to the rights of publicity and privacy.
- You agree not to attempt to obtain access to any portion of this TC Site, any computer, server, account, network, software and/or hardware associated with the TC Site, from which you are restricted.
- You agree that you are solely responsible for any actions you undertake while using this TC Site and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to this TC Site and the Internet, including United States copyright law and export regulations.
- You are responsible for all postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials that you post on, transmit through or link from or to this TC Site.
- You warrant that all information you provide to gain access to the services provided by this TC Site is accurate and truthful.
- TC reserves the right to prohibit any conduct involving this TC Site that it deems to be inappropriate or illegal.
- If you are provided or select a user name or password to access this TC Site or any page of this TC Site, you are responsible to keep such user name and password private, secure, and strictly confidential. You agree not to provide any other person with access to this TC Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
- TC does not knowingly or intentionally collect personal information from minors under the age of 18. The Content on this TC Site is directed at adults and is intended for use only by adults over the age of 18. If you are under the age of 18, you may not submit any personal information to TC at or through this TC Site and should not otherwise use or access this TC Site.
Links to and from Other Web Pages:
Links to third party websites or information are not intended, and should not be interpreted by users, as constituting or implying TC’s endorsement, sponsorship or recommendation of the third party information, or products or services found there.
Copyright, Trademark and Intellectual Property:
All information, content and material made available by TC through this TC Site, including, without limitation, any report, analysis, information, data, computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the TC Site or any component or element of the TC Site (collectively, the “TC Content”) is owned by or licensed to TC. The compilation of the TC Content on this TC Site is the exclusive property of TC and its licensors and is protected by U.S. and international copyright law.
TC and its licensors retain all rights in the Content of this TC Site. Except as provided by any other agreement or license you have with TC, the Content may not be modified, copied, printed, distributed, downloaded, displayed, e-mailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.
TC grants you permission to display the TC Content of this TC Site (other than the computer code comprising this TC Site) for your personal, non-commercial use only; provided, that, even if you display the TC Content of this TC Site as permitted hereunder, you may not modify, print, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that TC Content and you must retain all copyright and other proprietary notices contained in or on the TC Content.
TOLL COMMUNICATIONS and all derivations thereof are trademarks of TC. Other marks used on the TC Site are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of TC and may not be used, copied or imitated without the prior written consent of TC.
Digital Millennium Copyright Act:
You may not upload, post or otherwise distribute on this TC Site anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the web.
The unauthorized use, uploading, posting, and/or distribution of User Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution.
TC, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.
TC, pursuant to the federal Digital Millennium Copyright Act, has designated David Toll, as Copyright Agent, to receive complaints and notices of suspected copyright infringements. TC reserves the right to change its Copyright Agent from time to time. If you believe that your work has been copied and is accessible on the TC Site in a way that constitutes infringement, you may notify TC by providing the Copyright Agent the following information:
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the URL or other specific location on TC’s TC Site where the material that you claim is infringing is located;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. TC can be reached via email at email@example.com and by regular mail at 62 Montrose Avenue, Fanwood, NJ 07023. Attention: Copyright Agent.
Transmission of User Content:
You are prohibited from uploading, posting or otherwise distributing on or through this TC Site any abusive, unlawful, threatening, obscene, pornographic, intimidating, libelous, defamatory or slanderous comments, jokes, images or other User Content that are intended to or are likely to harass or offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, sexual preference, or any other classification that could produce any civil or criminal liability for either yourself or for TC, its affiliates, employees, agents or any such similarly situated persons or entities.
You are prohibited from impersonating anyone else or passing yourself off as someone else including, without limitation, any TC employee or any public figure. You are further prohibited from engaging in any other conduct that is fraudulent or likely to deceive any person using this TC Site.
You are prohibited from uploading, posting or otherwise distributing on or through this TC Site any User Content that infringes or violates the patent, copyright, trademark, trade secret, or other intellectual property or proprietary rights of any person or entity.
In compliance with your customer agreements with TC, you hereby grant to TC a revocable, royalty-free, non-exclusive license to use, modify, display, archive, store, transmit, and create derivative works from the User Content, information or other materials that you transmit or upload to the TC Site.
Ownership of Third Party Content:
TC may display content, information or materials supplied by other third parties on its website other than the TC Content (the “Third Party Content”). The Third Party Content displayed by TC or supplied by other third parties belongs to the respective owners of that Third Party Content.
TC, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY THIRD PARTY CONTENT. WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY THIRD PARTY CONTENT.
WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM TO PROPERTY OR PERSON CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON ANY THIRD PARTY CONTENT OR OTHER CONTENT AVAILABLE ON THIS TC SITE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY THIRD PARTY CONTENT OR OTHER CONTENT AVAILABLE ON THIS TC SITE.
THIS TC SITE IS PROVIDED “AS-IS” AND “AS-AVAILABLE”. TC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS TC SITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS TC SITE.
TC DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH THIS TC SITE (BY LINK OR OTHERWISE) AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION.
YOU AGREE THAT TC IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO THIS TC SITE OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH THIS TC SITE.
TC MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE THIS TC SITE OR ANY PAGE OF THIS TC SITE AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE
YOU AGREE TO USE THIS TC SITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THIS TC SITE, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS TC SITE IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THIS TC SITE WILL BE AVAILABLE AT ALL TIMES OR THAT YOUR USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS TC SITE ARE ACCURATE, RELIABLE, OR CURRENT.
TC DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH THIS TC SITE.
Limitation of Liability:
TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS TC SITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS TC SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS TC SITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING TC SHALL BE LIABLE FOR ANY ACTUAL AND PROVABLE DAMAGES ARISING DIRECTLY FROM YOUR USE OF OR ACCESS TO THE TC SITE RESULT DUE TO OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NOT TO EXCEED ALL AMOUNTS YOU PAID TO TC FOR THE PURPOSE OF USING OR ACCESSING THE TC SITE, BUT IN NO EVENT SHALL ANY INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES BE PAYABLE BY TC IN CONNECTION THEREWITH. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS TC SITE. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, TC’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR USE OF THIS TC SITE OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH THIS TC SITE OR ANY OTHER TC SITE LINKED TO THIS TC SITE RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.
No Joint Venture:
If you have any questions about this policy, please contact TC by email at firstname.lastname@example.org, or by regular mail at 62 Montrose Avenue, Fanwood, NJ 07023. Attention: David Toll.
Date of last update: April 24, 2020