Disclaimer

Conditions of Use

Thank you for visiting the Neroli Rose website. The Neroli Rose website has been made available to you subject to your compliance with the terms and conditions set forth below (the “Conditions of Use”). Please read this document carefully before agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use this website.

Modifications to Conditions of Use

Neroli Rose reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the Neroli Rose website.

Privacy

Please review our Privacy Policy, which also governs your visit to Neroli Rose, to understand our practices regarding the use and disclosure of your personal information.

Electronic Communications

When you visit Neroli Rose or email us, you are communicating with us electronically and therefore, you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is also understood that all agreements, disclosures, notices and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and Licenses

The entire contents of this website, including but not limited to: text, graphics, logos, button icons, Flash movies, video, images, audio clips, digital downloads, data compilations and software are the property of Neroli Rose, its collaborators or its clients and are protected by domestic and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior expressed written consent of Neroli Rose. You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another party’s rights, please contact us immediately at info@nerolirose.com to notify us of this infringement. Your submissions of files including, but not limited to: resumes, email, Flash movies, video, images, logos, audio loops, and other software hereby constitutes your agreement to grant Neroli Rose a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license to reproduce, distribute, transmit, adapt, sub-license, and publicly display any such submissions. You also grant Neroli Rose the right to use your name in connection with all related advertising, marketing and promotional materials.

License and Website Access

Neroli Rose grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Neroli Rose. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Neroli Rose. You may not frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, Flash movie, page layout, or form) of Neroli Rose without the express written consent of Neroli Rose. You may not use META tags or any other “hidden text” which utilize Neroli Rose or any other derivative of our domain or company name without the express written consent of Neroli Rose. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Neroli Rose so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. It is further understood and agreed that Neroli Rose cannot and does not guarantee or warrant that files made available for downloading through the Neroli Rose website will be free of infection or viruses, worms, Trojan Horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Neroli Rose are free from such contaminations.

Unsolicited Materials

Any information or material submitted or sent to Neroli Rose will be deemed not to be confidential or secret. By submitting or sending information or other material to Neroli Rose, you represent and warrant that the information is original to you and that no other party has any rights to the material.

User’s Grant Of Limited License

By communicating with Neroli Rose, including submitting or sending Content, a Contribution or other information or material to Neroli Rose, you grant Neroli Rose the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into an article that is posted on the Neroli Rose website. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Neroli Rose. You also warrant that any “moral rights” in posted materials have been waived.

Disclaimer of Warranty/Limitation of Liablility

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY NEROLI ROSE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEROLI ROSE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEROLI ROSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEROLI ROSE DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM NEROLI ROSE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEROLI ROSE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

NEROLI ROSE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. NEROLI ROSE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, NEROLI ROSE SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Third Party Links

Linked websites are not under the control of Neroli Rose and Neroli Rose is not responsible for the contents of any linked site or any link contained in a linked site. Neroli Rose provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Neroli Rose of the site.

SPECIAL NOTICE: THE LINKED WEBSITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

Parental Permission

This website is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. Neroli Rose may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Neroli Rose may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Applicable Law

By visiting the Neroli Rose website, you agree that the laws of the state of New Jersey, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Neroli Rose.

Disputes

Any dispute relating in any way to your visit or access of the the Neroli Rose website or to the products or services you purchase through the Neroli Rose website shall be submitted to binding arbitration in Essex County, New Jersey, except that, to the extent you have in any manner violated or threatened to violate Neroli Rose’s intellectual property rights, Neroli Rose may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless Neroli Rose, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the Neroli Rose website.

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Other Provisions

Neroli Rose’s failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. Neroli Rose may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Request and Address:

Please send notices by care of email to: info@nerolirose.com or reach us at our mailing address:

Neroli Rose
P.O. Box 509
Millburn, N.J. 07041

Copyright 2009 HJN Associates and Neroli Rose
All Rights Reserved