NJS West! Terms & Conditions
(and by description and classification, "EULA" Agreement)
-Revised 07/08/08
Intro: Please read the following terms and conditions of the membership. If you do not want to be bound by these
terms and conditions, do not view the contents. Your viewing the contents on the NJS West! platform will constitute
acceptance of the terms and conditions, along with any changes. This agreement becomes effective the moment you
view any exclusive content at www.njswest.com, or any of it's copyrighted/protected material (via other vide hosting
sites), et. al.
1. Definitions
When used in this agreement, the following definitions apply:
a. NJS West! and/or NJS West, LLP: The actual company and its employees, all real, tangible or intangible (i.e. sound
recordings of NJS West! personnel, video images, etc.) and digital properties as owned by NJS West, LLP.
b. Website: The NJS West! collection of website pages and content that create the online entertainment arena. Any &
all pages related to the URL www.njswest.com. This does not include “off-site” links or pages, i.e. www.njs4e.com,
www.answers.com, etc. NJS West assumes no responsibility for the maintenance, upkeep or any damage that may be
incurred while visiting other links or pages that are provided by NJS West! and/or www.njswest.com. End user
and/or member releases NJS West! and/or www.njswest.com from any and all damages, whether tangible or
intangible.
2. Limitations of Liability
NJS WEST! WILL UTILIZE ITS BEST EFFORTS TO MAINTAIN ACCEPTABLE PERFORMANCE OF THE SERVICE,
BUT NJS WEST! MAKES ABSOLUTELY NO WARRANTIES OR GUARANTEES WHATSOEVER, EXPRESSED OR
IMPLIED, INCLUDING WARRANTY OF THE WEB HOSTING PROVIDER THAT NJS WEST! USES. NJS West!
cannot guarantee continuous service at any particular time, or integrity of data stored or transmitted via its system or
via the Internet, inability to access Internet, or inability to transmit or receive information, caused by, or resulting
from, delays, non-delivery, or service interruptions whether or not caused by NJS West!'s fault or negligence. NJS
West! will not be responsible for you not being able to access the Internet due to circumstances not under NJS West!'s
direct control such as individual Internet user's own equipment capabilities, limitations, other Internet service
provider limitations and/or browser software limitations, or difficulties with web hosting provider.
3. Indemnification
You will take all necessary measures to preclude NJS West! from being made a party to any lawsuit or claim
regarding the service provided to or by you, or any end user. You hereby agree to indemnify NJS West! and hold NJS
West! harmless from any and all claims of whatever nature brought by any anyone against NJS West!
You hereby agree to reimburse NJS West! for any and all expenses associated with NJS West! being involved with any
civil, criminal, regulatory or investigatory actions brought by you or against you by anyone, including expenses
associated with providing information that NJS West!, in its sole discretion, believes it legally must provide or has
been authorized by you to provide.
4. Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or
employment relationship between the parties. You hereby agree to reimburse NJS West! for any and all expenses
associated with NJS West! being involved with any civil, criminal, regulatory or investigatory actions.
5. Term
This agreement shall be in full effect for as long as the end user views any and all contents as provided on the NJS
West! URL and all of its subsequent pages (www.njswest.com, et. al.)
6. Confidentiality
All End Users agree to treat NJS West!'s intellectual property as confidential and proprietary, and not disclose them
to anyone without NJS West!'s prior written consent. You may not use NJS West!'s trademarks, logos, slogans (or
“tag-lines”) and advertising without NJS West!'s permission, and then only in ways agreed to by you and NJS West!.
7. Invalid or Unenforceable Provisions
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining
provisions will nevertheless remain in full force and effect. You and NJS West! agree to renegotiate in good faith any
term held invalid and to be bound by any mutually agreed to substitute provision.
8. Choice of Law: Venue
This Agreement is governed by and construed under the laws of the State of California and the United States of
America. The federal and state courts of the State of California will have exclusive jurisdiction to adjudicate any non-
arbitrable dispute arising out of this Agreement.
9. Disputes
NJS West! will attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation without formal
proceedings, as aforementioned in paragraph 1g & paragraph 4.
10. Entire Agreement; Modifications
This Agreement sets forth the entire Agreement and understanding between the parties and merges all prior
discussion between them. NJS West! reserves the right to modify this agreement at any time. Utilization of the service
by all clients/customers/members following the effective date of any change or modification of this Agreement on
NJS West!'s website or as set forth in the Terms and Conditions will constitute acceptance by you of such change(s).
Otherwise, this Agreement may not be modified except by the written consent of both parties.
For your own protection, you understand and agree that NJS West! will only accept requested changes and
modifications to this agreement that are in writing and signed by the individual(s) signing this agreement.
NJS West! may modify these Terms & Conditions on its website in any way, at any time. It is your responsibility to
review the TERMS & CONDITIONS on the website on a regular basis to ensure compliance with the latest version of
this TERMS & CONDITIONS. Your use of NJS West!'s contents after such changes have been posted shall constitute
your acceptance of the modifications to these policies.
11. Fraud & Copyright
ALL END-USERS/SUBSCRIBERS/CLIENTS/CUSTOMERS/MEMBERS SHALL IN NO WAY UPLOAD,
DOWNLOAD, REPRODUCE, DUPLICATE, COPY, DISTRIBUTE, ANY AND ALL DIGITAL CONTENTS
DESCRIBED AS “EXCLUSIVE CONTENTS,” I.E. VIDEO INTERVIEW FOOTAGE THAT IS ACCESSIBLE ONLY
TO YOU FREE OF CHARGE. VIOLATORS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW. NJS
West! acknowledges, however, that there are musical sound recordings that are audible on the site (www.njswest.
com). NJS West! does not encourage illegal sound recording duplication without the express written consent of the
artist and their agent/manager. NJS West! seeks to protect its own original digital video/audio/sound recordings,
not those of various artists whose musical compositions and sound recordings have been used in conjunction with
NJS West!’s own original digital video/audio/sound recordings.
www.njswest.com
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All Rights Reserved