Terms of Service and Privacy Policy

­NJLA.org Privacy Statement

 

This Privacy Statement sets forth the online data collection and usage policies and practices that apply to njla.org and does not apply to information the New Jersey Library Association (“NJLA”) collects in any other fashion. By accessing njla.org, you are consenting to the practices, terms and conditions described in this Privacy Statement.

 

1. Collection of Information by njla.org

While you are using njla.org, we may request that you provide personal information, including your name, mailing address, email address, telephone number, and other generalized background information. Moreover, there is information about your computer hardware and software that is or may be collected by our server. This information can include, without limitation, your IP address, browser type, domain name(s), access times, and referring website addresses, but is not linked to your personal information. Our server also collects information from your use of our services including how you use them. Regarding IP address and clickstream data, our server automatically collects data about your server's internet address when you visit us. When you request pages from our website, our servers may log your IP address and sometimes your domain name. Your IP address is used to help identify your general geographic location and to gather demographic information about our visitors as a whole, but does not include any personally identifiable information about you. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the portions of njla.org you visited; any search terms you have entered on njla.org or a referral site; and other web usage activity and data logged by our web servers.

 

2. Our Use of Your Information

We use the information we gather on njla.org, whether personal, demographic, collective or technical, for the purpose of operating and improving njla.org, fostering a positive user experience, and delivering products and services. We may use your contact information in order to send you email messages or other communications regarding updates to njla.org. The nature and frequency of these messages will vary depending on the information we have about you. We may employ internet tracking and analytic tools to better understand user needs and deliver an improved user experience. We also use the information that we gather for internal system administration, to help diagnose problems with our server, and to administer our website. Such information may also be used to gather demographic information, such as country of origin and internet service provider. We may link this information with your personal information.

 

3. Disclosure of Personal Information to Others

We do not disclose your personal information to third parties, or your combined personal and demographic information, or information about your use of njla.org to third parties, except as follows: We disclose information to companies and individuals we engage to perform functions on our behalf, including hosting our web servers, analyzing data, providing marketing assistance, and providing customer service. These companies and individuals may have access to your personal information as necessary to perform their functions, but they may not share that information with any other third party. We will share personal information with companies, organizations or individuals outside of njla.org if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to:  (1) meet any applicable law, regulation, legal process, or enforceable governmental request; (2) enforce applicable terms of service, including investigation of potential violations; (3) detect, prevent, or otherwise address fraud, security, or technical issues; (4) protect against harm to the rights, property or safety of njla.org, our users, or the public, as required or permitted by applicable law.

 

4. Use of Cookies and Local Storage

NJLA’s website, njla.org, may contain electronic images known as web beacons (sometimes called single-pixel gifs) which allow us to count users who have visited each of the pages on our site. Web beacons are not used to access your personally identifiable information; they are a technique we use to compile aggregated statistics about usage of our website. Web beacons collect only a limited set of information, including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. You may not decline web beacons, however, they can be rendered ineffective by declining all cookies or by modifying your browser setting to notify you each time a cookie is tendered and then permit you to accept or decline cookies on an individual basis.

 

5. Access To, Opt-Out, and/or Modification of Your Information

NJLA’s website, njla.org, may provide account holders limited access, or the ability, to modify your personal information. Whenever you use our services, we aim to provide you with access to your personal information. If that information is inaccurate, we strive to give you ways to update it quickly or to delete it, unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.

 

If you are receiving newsletters, commercial email messages, or other communications from njla.org, and subsequently change your mind, you may opt-out by selecting an appropriate link in those email communications as indicated for the opt-out or unsubscribe, or by sending an email request to office@njla.org. We retain indefinitely all the information we gather about you in an effort to make your repeat use of njla.org more efficient, practical, and relevant.

 

6. Security of Personal Information

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or access and/or use your personal information for improper purposes. We restrict access to personal information to njla.org employees, contractors, and agents who need to know that information in order to process it for us.

 

7. Children

NJLA’s website, njla.org, is not intended for persons under 18 years of age/children. We do not knowingly collect personal information from children under 18.

 

8. Changes to Privacy Statement

If we decide to materially change the privacy policy for njla.org, we will post those changes through a prominent notice on the website so that you will always be able to know what information we gather, how we might use that information, and to whom we will disclose it. If you have questions or concerns about this privacy policy or believe we have not adhered to this privacy policy, please email us at office@njla.org.

 

9. Contact Information

NJLA’s website, njla.org operates under the control of the New Jersey Library Association, a 501(c)(3) nonprofit that is registered with the State of New Jersey. NJLA’s principal place of business is 163 US Highway 130 N, Building 1, Suite 1C, Bordentown, NJ 08505.

 

NJLA.org Terms of Service

This page states the terms of use ("terms") under which you may use njla.org, an online association management services portal and guide. Please read these terms carefully. If you do not accept the terms stated here, do not use njla.org and its services. By using njla.org, you agree to accept and be bound by these terms, including the njla.org Privacy Statement.

 

1. Eligibility

By visiting njla.org and accepting these terms, you represent and warrant to njla.org that you have the right, authority, and capacity to agree to and abide by these terms. You also represent and warrant to njla.org that you will use njla.org in a manner consistent with any and all applicable laws and regulations.

 

2. Use of njla.org Content.

NJLA’s website, njla.org, authorizes you to view and access a single copy of the content available on or from njla.org solely for your personal or professional library-based use. The contents of njla.org, and of all other websites under njla.org's control, whether partial or otherwise (njla.org and such other websites are sometimes collectively referred to as "NJLA sites") such as text, graphics, images, logos, button icons, software, and other njla.org content (collectively, "njla.org content"), are protected under both United States and foreign copyright, trademark, and other laws. All njla.org content is the property of the New Jersey Library Association or its content suppliers or clients.

You further agree not to misuse in any other way njla.org content which appears on this website. Unless specifically permitted herein or in writing by njla.org, the use of the njla.org content without crediting njla.org as the source, on any other website or in a networked computer environment for any purpose is prohibited.

 

3. NJLA’s website, njla.org, Ownership Rights

The NJLA website, njla.org, and NJLA and its licensors, own all right, title, and interest, including, without limitation, all worldwide intellectual property rights in njla.org content, products and services, and all such rights to all derivative works or enhancements of, in, and to, or relating to, njla.org content, products and services. By entering into this agreement, or by using njla.org, you will not acquire any intellectual property or similar rights in the njla.org products or services other than a limited right to use the products or services for your personal benefit or professional library-based use.   

 

4. NJLA’s website, njla.org, Site Restrictions

You may not use any njla.org site in order to transmit, post, distribute, store, or destroy material, including without limitation, njla.org content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others, or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, unlawful, threatening, harassing, discriminatory, abusive, or hateful.

You agree that you will not use the njla.org website in any manner that could damage, disable, overburden, or impair the njla.org site, or interfere with any other party's use and enjoyment of the njla.org site. You may not obtain, use, or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the njla.org site.

 

5. Advertisers

If you participate as an advertiser, you are solely responsible for all advertising content you transmit or submit to njla.org or through an njla.org advertiser program, whether created by or for you, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts, and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, "ads"). Prior to providing any ads and participating as an advertiser, you may be required to read and accept additional written terms and conditions governing your submission of ads to njla.org (the "advertiser agreement"). NJLA’s website, njla.org, disclaims all liability relating to your ads and you agree to indemnify njla.org for all damages and losses njla.org may incur associated with the ads.

By submitting content for advertising to any public area of any njla.org site, you automatically grant to njla.org and its affiliates an irrevocable, royalty-free, perpetual, fully paid, non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such content (in whole or in part), and to prepare derivative works of, or incorporate into other works (in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content) such content, and to grant and authorize sublicenses thereof (through multiple tiers).

The NJLA website, njla.org, does not represent or guarantee the truthfulness, accuracy, or reliability of advertiser content appearing on njla.org.

 

6. Copyright Agent

We respect the intellectual property rights of others, and require that the people who use the njla.org website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to njla.org, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.S. § 512(c)(2), named below:

Your address, telephone number, and email address:

  • A description of the copyrighted work you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • 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;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 authorized to act on the copyright owner's behalf.

 

Attn: Copyright Agent
New Jersey Library Association
Attn: Executive Director
163 US Highway 130 N
Building 1, Suite 1C
Bordentown, NJ 08505
office@njla.org

 

7. NJLA’s Website, njla.org, Liability

NJLA’s website, njla.org, acts as a venue for online association management services portal and guide. NJLA’s website, njla.org, may take any action with respect to content that it deems necessary or appropriate, in its sole discretion, if it believes that such content could create liability for njla.org, damage njla.org's brand or public image, or cause njla.org to lose (in whole or in part) the services of its ISPs or other suppliers. While njla.org reserves the right in its sole discretion, to remove content or other material from njla.org from time to time, njla.org does not assume any obligation to do so and disclaims any liability for failing to take any such action.

The njla.org sites and the njla.org content may contain inaccuracies or typographical errors. NJLA’s website, njla.org, makes no representations about the accuracy, reliability, completeness, or timeliness of any njla.org content. The use of all njla.org content is at your own risk. Changes are periodically made to njla.org sites and may be made at any time. The NJLA website, njla.org, cannot guarantee and does not promise any specific results from use of njla.org or any njla.org site. No advice or information, whether oral, written or visual, obtained by you from njla.org or through njla.org, or any other njla.org site, shall create any warranty not expressly stated herein.

 

8. Disclaimer of Warranties

The site, including, without limitation, all services, content, functions, materials, and links, is provided "as is," "as available," without warranty of any kind, whether express or implied by statute, common law, or otherwise, for information, data, data processing services, uptime, or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, any warranties of title, non-infringement, merchantability, or fitness for a particular purpose, and any implied warranty arising in the course of dealing or usage of trade, and we hereby disclaim any and all such warranties, express and implied. We do not warrant, represent, or covenant that the website or the services, content, functions, materials, or links contained therein will be timely, secure, uninterrupted or error-free, or that defects will be corrected. We make no warranty that the website will meet users' requirements. No advice, results, or information, whether oral, written, or visual, obtained by you from us or through the njla.org site shall create any warranty not expressly made herein. NJLA and the NJLA website, njla.org, assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site, or your downloading of any materials, data, text, images, video, audio, or software from the site. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.

 

9. Limitation of Liability

In no event shall njla.org, NJLA, its affiliates, or any of its directors, officers, employees, agents, or content or service providers (collectively, the "protected entities") be liable, whether in an action-based on a contract indemnification, obligation, tort (including without limitation negligence), collaterally or arising from any statutory duty, pre-contract or other representations, or otherwise, however arising, for any economic losses (including, without limitation, loss of revenues, profits, contracts, business, goodwill, or anticipated savings), or any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the njla.org site or the content, materials, links, and functions related thereto, your provision of information via the website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages.

 

10. Local Standards

We do not represent that materials on the njla.org site are appropriate for use in all locations. Persons who choose to access the njla.org site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

11. Links to Content and Other Sites

NJLA’s website, njla.org, and certain other njla.org sites contain links to third-party websites and content. These links are provided solely as a convenience to you and not as an endorsement by njla.org of the contents, materials, functions or links on such third-party websites. NJLA’s website, njla.org, is not responsible for the content of linked third-party sites and does not make any representations regarding the content, materials, functions or links, or accuracy of content, materials, functions or links on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

NJLA’s website, njla.org, and certain other njla.org sites contain links to social media sites, including but not limited to testimonials. These links are provided solely as a convenience to you and not as an endorsement by njla.org of the content, materials, functions or links on such social media sites. NJLA’s website, njla.org, is not responsible for the content, materials, functions or links, the accuracy of same, or manner in which such content, materials, functions and links are provided to these third-party social media sites. You specifically agree that the use of these social media sites in conjunction with njla.org is at your own risk.

 

12. Indemnity

You agree to defend, indemnify, and hold harmless njla.org, NJLA, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:  (i) any content or other material you provide to any njla.org site, or (ii) your breach of the terms of these terms.  NJLA’s website, njla.org, shall provide notice to you promptly of any such claim, suit, or proceeding.

 

13. Enforcement and Resolution of Disputes

The Terms of Service and the relationship between you and njla.org and any advertiser or content provider for njla.org shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. If any dispute arises between you, another advertiser, and/or njla.org, or any combination thereof, as it relates to njla.org and these Terms of Service, such dispute shall be submitted to arbitration and resolved in accordance with the applicable rules of the American Arbitration Association, at an arbitration proceeding conducting in the State of New Jersey, USA before a single English-speaking arbitrator.  The arbitration’s decision shall be final and binding on all parties, and all parties waive all rights to a trial by jury or adjudication in any other format, forum or venue.  In the event any party to an arbitration needs to enforce the arbitrator’s decision, you agree that any such action to enforce must be commenced and heard in a state or federal court located in the State of New Jersey, USA. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of New Jersey. Any failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Any waiver of any provision of these Terms of Service by njla.org must be made in writing and signed by an authorized representative of njla.org, specifically referencing these Terms of Service and the provision(s) to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give maximum effect to the parties' intentions as reflected in the provision, and all other provisions of the Terms of Service shall remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, njla.org's and NJLA’s successors, assigns, and licensees.

These terms constitute a binding agreement between you and njla.org, and is accepted by you upon your use of the njla.org site.