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Terms and Agreement
LEGAL NOTICE 

Jungle Lasers, LLC d/b/a Ordinance.com ("Ordinance") makes available information, materials, and products (the "Service") on this Web site (the "Site") to registered subscribers ("Subscribers"), subject to the terms and conditions of the Subscription Agreement set forth below. By accessing the Site, you agree to the terms and conditions as set forth in this Legal Notice and in the Subscription Agreement. Ordinance reserves the right to change these terms and conditions from time to time at its sole discretion. Please check this page from time to time to see if we have made any changes. If you continue to use the Site after we have posted changes, you will be considered to have accepted and agreed to comply with those changes, whether or not you have read them.

Site © 1998 Jungle Lasers, LLC. Copyright claim does not extend to texts of ordinances.  
  
ORDINANCE.COM SUBSCRIPTION AGREEMENT  
  
1. Internet-Based Service License.

You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Site. 

(1) License Grant. Ordinance grants Subscriber ("Subscriber"), and Subscriber hereby accepts, a non-exclusive, non-transferable, limited license to access the Service, pursuant to the terms and conditions of this Agreement, at the location(s) set forth in Subscriber's Request for Service. Subscriber is licensed to use the information made available by Ordinance at these locations only, and solely in the course of its legal, design, planning and other research and related work pertaining to local land use and zoning and subdivision planning. 

(2) Restrictions. (a) (i) Subscriber may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Service. Except as herein expressly permitted, Subscriber may not reproduce all or any portion of the components of the Service. Subscriber may use any information cached in Subscriber's local disk drive solely in support of its use of the Service as permitted herein and for no other purpose. (ii) Subscriber shall notify, and shall be responsible for, its employees and others who may have access to the Service, to comply with the restrictions contained herein and to ensure their compliance with these restrictions. (iii) Subscriber is responsible for notifying Ordinance in writing of persons to whom Ordinance passwords are to be issued or from whom passwords are to be revoked. Subscriber is solely responsible for maintaining the security of Ordinance passwords. Subscriber is also responsible for all access to and use of the Site by Subscriber's personnel or by means of Subscriber's equipment or Ordinance passwords, whether or not Subscriber has knowledge of or authorizes such access and use. (iv) Subscriber may download any content on the Site for its use only as permitted herein, as long as it leaves intact any copyright notices and/or other notices or symbols (like ©, ® or Ô) that appear. Subscriber may not use any of the trademarks, logos, or service marks that appear on the Site for any purpose. 

(b) The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Site are only for Subscriber's use as permitted herein and for no other purpose. All materials contained on the Site are protected by copyright, and are owned or controlled by Ordinance or the party credited as the provider of the content. Subscriber will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Site. Subscriber may download and make copies of the content and other downloadable items displayed on this Site for use as permitted herein, provided that Subscriber maintains all copyright and other notices contained in such content. Copying or storing of any content for uses other than as permitted herein is expressly prohibited without the prior written permission from Ordinance or the copyright holder identified in the individual content's copyright notice.

(c) Subscriber represents, warrants and covenants that it shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.

(3) Ordinance reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Site.

2. Charges. 

(1) All access to and use of the Site and the Service will be billed in accordance with Ordinance's current Price Plan. Subscriber will pay each invoice in full upon receipt. 

(2) All charges are on a per-location basis at the location designated by Subscriber. Subscriber may access the Site from additional Subscriber locations by giving Ordinance prior notice of such location(s), and paying an additional fee in accordance with the Price Plan. (1) 

3. Warranties and Disclaimers. 

(1) ORDINANCE HAS MADE REASONABLE EFFORTS TO MAINTAIN THE SITE IN A COMPLETE AND ACCURATE MANNER, AND TO KEEP IT CURRENT, BUT NOTWITHSTANDING ANY STATEMENT THAT MAY APPEAR ON THE SITE, OR ANY ORAL OR WRITTEN REPRESENTATION OR WARRANTY MADE BY ANY AGENT OR REPRESENTATIVE OF ORDINANCE, INCLUDING THE SALES POINTS OR IN ANY ORAL OR WRITTEN STATEMENTS, REPRESENTATION, OR WARRANTY MADE BY ANY EMPLOYEE, OFFICER, DIRECTOR, OR REPRESENTATIVE OF ORDINANCE, SUBSCRIBER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT THE ULTIMATE RESPONSIBILITY IS ON SUBSCRIBER ITSELF TO VERIFY THE ACCURACY OF ALL INFORMATION ON THE SERVICE. ACCORDINGLY, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, ALL INFORMATION, FUNCTIONS, CONTENT AND MATERIALS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE ARE PROVIDED "AS IS". ORDINANCE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, PERFORMANCE, ACCURACY, COMPLETENESS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

(2) IN NO EVENT SHALL ORDINANCE BE LIABLE FOR: (I) ANY DAMAGES RELATING TO SUBSCRIBER'S USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN; OR ACTION TAKEN BY SUBSCRIBER IN RELIANCE ON THE SITE OR INFORMATION CONTAINED THEREIN; (II) SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, EVEN IF ORDINANCE HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; (III) ANY CLAIM RELATING TO A THIRD-PARTY LINKED FEATURE; OR (IV) ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION CONTAINED ON THE SITE. 

(3) SUBSCRIBER'S EXCLUSIVE REMEDY, AND ORDINANCE'S ENTIRE LIABILITY, WHETHER IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ORDINANCE CHARGES RELATED TO THE SPECIFIC USE. ORDINANCE ALSO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IF SOMETHING GOES WRONG WITH SUBSCRIBER'S COMPUTER AND SUBSCRIBER BELIEVES IT WAS CAUSED BY ITS USING THE SITE, SUBSCRIBER IS RESPONSIBLE FOR SERVICING OR REPAIRING THE COMPUTER AND FOR RECREATING OR REPLACING ANY LOST DATA. ORDINANCE IS NOT RESPONSIBLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE.

(4) Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusion may not apply to Subscriber.

(5) Ordinance is not offering advice on the content or legality of any ordinance approved and adopted by the Township. Services provided by the company are not legal services, and are not being provided as a substitute for, or in place of those services falling under the responsibility of the Subscriber's attorney or those attorneys acting under the Subscriber's behalf. Subscriber acknowledges that any reliance upon any opinion, advice, statement, memorandum, or information displayed or distributed through the Site shall be at Subscriber's sole risk. 

(6) The Site could include technical or other inaccuracies or typographical errors. Changes are periodically and regularly added to the Site; these changes will be incorporated in new editions of the Site. Ordinance may make improvements and/or changes in the product(s) and/or the program(s) described in the Site at any time. 

(7) Ordinance may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. Ordinance may also impose or remove limits on certain features and services or restrict Subscriber's access to parts or all of the Site without notice or liability.

(8) Subscriber hereby agrees to indemnify, defend and hold Ordinance and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by Subscriber of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. Subscriber shall cooperate as fully as reasonably required in the defense of any claim. Ordinance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber and Subscriber shall not in any event settle any matter without the written consent of Ordinance. 

4. Links to Third-Party Web Sites. The Site contains links to third-party products, services or Web sites, which are not under the control of Ordinance. Ordinance makes no representations or warranties whatsoever about any other products, services or Web sites to which Subscriber may have access through the Site. Ordinance assumes no responsibility for errors or omissions in the information or other documents, which are referenced by or linked to the Site. When Subscriber accesses a non-Ordinance Web site, it does so at its own risk, and Ordinance is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Ordinance provides these links merely as a convenience and the inclusion of such links does not imply that Ordinance endorses or accepts any responsibility for the content or uses of such Web sites. Nor does Ordinance endorse or recommend the products or services that any of those sites may be promoting or selling. The limitations on Ordinance's liabilities set forth in this paragraph also apply to any damages or losses that Subscriber may suffer by using third-party Web sites. 

5. Trademark Information. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Ordinance or other third parties. Subscriber is not permitted to use the Marks without the prior written consent of Ordinance or such third party, which may own the Marks. "Ordinance.com" is a trademark of Ordinance. 

6. Limitation of Claims. No claim, regardless of form, which in any way arises out of this Agreement or the use of, or inability to use, the Site, may be made, nor action based upon such claim brought, by Subscriber more than one year after the basis for the claim becomes known, or with reasonable diligence could have become known, to the Subscriber. 

7. Term and Termination. This Agreement will become effective upon approval by Ordinance. Notwithstanding the foregoing, Ordinance may terminate this Agreement if Subscriber fails to keep current in its payment obligations without notice or otherwise fails to comply with any term and condition in this Agreement, as amended from time to time. 

8. Force Majeure. Ordinance's performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. 

9. Governing Law and Jurisdiction. The Site (excluding linked sites) is controlled by Ordinance from its offices within the state of New Jersey, United States of America. By accessing the Site, Subscriber and Ordinance agree that this Agreement and all matters relating to Subscriber's access to, or use of, the Site shall be governed by and construed in accordance with the statutes and laws of the State of New Jersey, without regard to the conflicts of laws principles thereof. Subscriber and Ordinance also agree and hereby submit to the exclusive personal jurisdiction and venue of the state courts situated in Monmouth County, New Jersey, and the United States District Court for the District of New Jersey with respect to any action or proceeding arising out of or related to this Agreement. 

10. Notices. Except as otherwise provided herein, all notice must be given in writing to Ordinance at Jungle Lasers, LLC, 201 Main Street, Allenhurst, NJ 07711 and to Subscriber at the address set forth at the time of its initial use of the Service. 

11. Additional Provisions. 

Non-Assignability
(1) Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by Subscriber without Ordinance's prior written consent. 

Enforceability
(2) Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction in whole or in part, the validity and enforceability of the other provisions will not be affected thereby, and the Agreement will be enforceable to its fullest extent with the referenced clause, so modified or deleted. 

Waiver 
(3) Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such or any other provision. 

Captions
(4) The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. 

12. Effect of Agreement. This Agreement (which includes all future amendments which are stated at the Site) embodies the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous understandings and agreements, oral or written, relating to the subject matter.
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