Terms of Use
Terms of Website Access and Use
1. ACCEPTANCE OF TERMS
Access to and use of the website https://ejpontiff.com (the “Website”), which is owned and operated by E.J. Pontiff, Inc. (the “Company,” “we,” “us,” or “our”), is subject to the following terms and conditions (the “Terms of Use” or “Terms”).
Please read these Terms carefully. By accessing or using the Website, you agree (on your own behalf and on behalf of any organization you represent) to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.
These Terms apply to all visitors, users, and others who access or use the Website. Use of the Website is also subject to our Privacy Policy.
2. DESCRIPTION OF SERVICE
The Website provides information about E.J. Pontiff, Inc., including professional background, projects, services, and related content (the “Service”). The Service is provided subject to your compliance with these Terms.
3. USER ACCOUNTS AND REGISTRATION
3.1 Account Creation
Certain features of the Website may require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep such information up to date.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3.3 Age Restrictions
The Website is intended for users who are at least 13 years old. If you are under 13, you may not use the Website. If you are between 13 and 18, you may only use the Website with parental or guardian consent.
4. ACCEPTABLE USE POLICY
You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates applicable federal, state, local, or international law
- To impersonate or attempt to impersonate the Company or any other person or entity
- To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website
5. PROHIBITED CONDUCT
The following activities are strictly prohibited:
- Harassment or Abuse: Harassing, abusing, or intimidating others
- Spam or Solicitation: Sending unsolicited or unauthorized promotional materials
- Malicious Activities: Introducing viruses, malware, or other harmful code
- Data Mining: Scraping or harvesting data without authorization
- False Information: Providing false, misleading, or fraudulent information
- Illegal Content: Posting or distributing unlawful content
- Infringement: Violating intellectual property or proprietary rights
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Our Content
The Website and its original content, features, and functionality are the exclusive property of E.J. Pontiff, Inc. and its licensors and are protected by copyright, trademark, and other applicable laws. Nothing in these Terms grants you the right to use our name, branding, logos, or domain names without prior written consent.
6.2 User License to Company
If you submit or post content to the Website, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute such content in any media.
6.3 DMCA Compliance
We respect intellectual property rights. If you believe your copyrighted work has been infringed, please contact us with the information required under the Digital Millennium Copyright Act (DMCA).
7. USER-GENERATED CONTENT
7.1 Responsibility for Content
You are solely responsible for any content you submit or make available through the Website and represent that you have all necessary rights to do so.
7.2 Content Standards
User-generated content must not:
- Be defamatory, obscene, or offensive
- Infringe third-party rights
- Contain confidential or proprietary information
- Violate applicable laws or regulations
7.3 Content Monitoring
We reserve the right, but are not obligated, to monitor, review, or remove content at our sole discretion.
8. PRIVACY POLICY
Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.
9. DISCLAIMERS
9.1 “AS IS” Basis
The Website is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied.
9.2 No Warranties
We make no representations or warranties regarding accuracy, completeness, or reliability of Website content.
9.3 Service Availability
We do not guarantee uninterrupted or error-free operation of the Website.
9.4 Availability, Errors, and Inaccuracies
Content on the Website may contain errors or inaccuracies and may not be current. We reserve the right to correct errors without notice.
10. LIMITATION OF LIABILITY
10.1 Exclusion of Damages
To the fullest extent permitted by law, E.J. Pontiff, Inc. shall not be liable for indirect, incidental, consequential, special, or punitive damages.
10.2 Maximum Liability
Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim, up to a maximum of $1,200 USD.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless E.J. Pontiff, Inc. from any claims, damages, losses, or expenses arising from:
- Your use of the Website
- Your violation of these Terms
- Your violation of third-party rights
12. TERMINATION
12.1 Termination by You
You may stop using the Website at any time.
12.2 Termination by Us
We may suspend or terminate your access immediately if you violate these Terms.
12.3 Effect of Termination
Upon termination, your right to use the Website ceases immediately. Provisions that should survive termination shall survive.
13. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the courts of Massachusetts.
14. DISPUTE RESOLUTION
Before initiating formal legal action, you agree to attempt to resolve disputes informally by contacting us.
15. CHANGES TO TERMS
We reserve the right to modify these Terms at any time. Continued use of the Website after changes constitutes acceptance of the updated Terms.
16. SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in effect.
17. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and E.J. Pontiff, Inc. regarding use of the Website.
18. CONTACT INFORMATION
If you have questions about these Terms, please contact:
E.J. Pontiff, Inc. 508-269-5452