Terms of Use

1.    YOUR RELATIONSHIP WITH ARTHUR JOHN SIKULA & ASSOCIATES, P.A.

1.1    This website www.ajsa.com (the “Website”), is the property of ARTHUR JOHN SIKULA & ASSOCIATES, P.A. (“AJSA”) and its affiliates. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AJSA. By navigating to or accessing this Website, you agree to be bound by the Terms of Use specified herein. IF YOU DO NOT AGREE TO THE TERMS OF USE HEREIN, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS THE WEBSITE.

1.2    You may not use the Website unless you are (i) of legal majority and capable of entering a binding contract and (ii) you are not under any other legal impediment under the laws of the United States or your country of residence.

1.3    You acknowledge and agree that AJSA may, at any time and without notice to you, modify, add or delete any portion of the Terms of Use and/or the balance of the Website. Your continued use of the Website constitutes your continued acceptance and agreement to any new, modified, or changed terms. It is your responsibility under this agreement to monitor and remain aware of any changes to these Terms.

1.4    If AJSA determines, in its sole discretion, that you have violated these Terms of Use, AJSA may revoke this agreement and restrict your access to the Website. AJSA will not be liable to you or to any third party for termination of your access to the Website for violation of these Terms of Use.

2.    CONTENT

2.1    The contents of this Website, including all text, graphics, trademarks or logos, photographs, architectural plans or architectural drawings, sounds, music, artwork, computer code, interfaces, including the expression, design, layout, structure, selection, arrangement, and “look and feel” of the individual combined elements of the contents (the “Contents”) are owned or licensed by AJSA. You acknowledge that the Contents contain the proprietary intellectual property of AJSA, and are protected by the copyright, trademark, trade name, trade dress, service mark, and other intellectual property laws of the United States, International accords and treaties, and various laws of foreign jurisdictions.

Unless otherwise specified, the Contents are made available for your personal and non-commercial use. Unless you have otherwise agreed with AJSA in writing in each instance, you have no right to copy, download, republish, transmit, post, distribute, modify, display, license, perform or create derivative works of the Contents. You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Contents. All related rights shall remain the exclusive property of AJSA unless otherwise specifically and expressly agreed. You shall defend, indemnify and hold harmless AJSA against any loss, expense, cost or damage incurred as a result of your breach of the terms of this Agreement or your unauthorized use of the Contents and related rights.

3.    USE OF THE WEBSITE

3.1    Your use of this Website is only permitted, provided that you comply with the Terms of Use. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor the Website or any portion thereof, or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content.

3.2    You may not use the Website in any manner that could damage, disable, overburden, or impair any AJSA server, or the network(s) connected to any AJSA server, or interfere with any other party's use and enjoyment of the Website and the Contents. You may not attempt to gain unauthorized access to any Area of the Website or the Contents, computer systems or networks connected to any AJSA server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by AJSA. Any attempt to gain unauthorized access to areas of the Website or to any network connected to AJSA or the Website is a violation of these Terms of Use.

3.3    You may not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.

4.    PRODUCT AND SERVICE INFORMATION

4.1    Descriptions of AJSA’s products and services on the Website are provided for informational and advertising purposes only. AJSA’s obligations, if any, regarding its products and services are governed solely by the agreements pursuant to which they are sold by AJSA to its customers, and nothing on this Website should be construed to vary or alter such agreements.

4.2    AJSA may make changes to any products or services described on the Website, at any time, without notice. The materials on this Website with respect to any of AJSA’s products or services may be out of date, and AJSA makes no commitment to update the materials on the Website with respect to any of the information contained therein.

5.    LINKS TO AND FROM THIRD PARTY WEBSITES

5.1    Any links to other internet sites are provided for your convenience only, and we do not necessarily endorse, nor are we responsible for, the content of any third party site. You must make your own independent evaluation of any linked websites.

5.2    All links to this Website must be approved in writing by AJSA in each instance, except that AJSA consents to links in which the linked page and subsequent linked pages activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this Website; (b) misrepresent your relationship with AJSA; (c) imply that AJSA approves or endorses you, your views, your website, or your service or product offerings; or (d) present false or misleading impressions about AJSA or otherwise damage the goodwill associated with the AJSA name or trademarks. As a further condition to being permitted to link to this site, you agree that AJSA may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Web site.

6.    DISCLAIMER OF WARRANTIES

6.1    USE OF THIS SITE IS AT YOUR OWN RISK. ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER. AJSA DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

6.2    NONE OF THE MATERIALS OR CONTENTS APPEARING ON THIS WEBSITE ARE GUARANTEED OR WARRANTED TO BE UNINTERRUPTED, TIMELY, SAFE, SECURE, OR FREE OF ERRORS.

6.3    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7.    INDEMNITY

7.1    You agree to defend, indemnify and hold harmless AJSA, its officers, directors, shareholders, predecessors and successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against AJSA by any third party due to or arising out of any connection with the use of this Website.

8.    LIMITATION ON LIABILITY

8.1    IN NO EVENT WILL AJSA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY OF THE CONTENTS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF AJSA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

8.2    Some US states and foreign countries do not permit the limitations or exclusion for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national law.

8.3    This Website is provided on an “as is” and “as available” basis. AJSA reserves the right to restrict or terminate your access to this site or any feature or part thereof at any time to the fullest extent permitted under applicable law.

9.    GOVERNING LAW; DISPUTE RESOLUTION

9.1    You agree that all matters relating to your access to and use of the Website, including any disputes which may arise, will be interpreted governed and construed by the laws of the United States and the State of New York, without regard to conflicts of laws provisions and not including the provisions of the 1980 UN Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under these Terms of Use You agree to consent to personal jurisdiction over you of the State and Federal courts of New York County, New York and waive any objection to such jurisdiction or venue.

9.2    Any claim arising under these Terms of Use will be brought, if at all, within one year after the cause of action arises, or else will be time barred.

9.3    If AJSA does take any legal action against you as a result of your violation of these Terms of Use, AJSA will be entitled to recover and you agree to pay their costs and attorneys’ fees, in addition to any other relief granted to AJSA.