Terms & Conditions

Updated: May 2011

Welcome to the Yaffe & Company, Inc. (“Yaffe”) website (our “site”).  Please read these terms and conditions of use carefully (“Terms of Use”) because they govern how you may access and use our site.  By visiting our site, you affirm that you have read and accept the Terms of Use, which we may update from time to time without notice to you.  Your continued use of our site after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use.  If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of our site.

 Trademarks, Copyrights and other Intellectual Property Rights.

Yaffe either owns the copyright and other intellectual property rights in the HTML, text, images, audio, video, software and other content that is made available on our site (collectively, “Materials”), or has made such Materials available with permission of the owner.  Without its prior written permission, Yaffe prohibits the copying of any part of, or content on, our site.  However, Yaffe provides you with a revocable, non-exclusive right to display on your computer, download, print and distribute Yaffe pages from our site, provided that those pages are unaltered and the content is used only for personal and educational purposes.  The sale, license, rental or other commercial use of our site or the Materials is expressly prohibited.

Except to the limited extent described in the foregoing paragraph, Yaffe reserves all intellectual property rights with respect to our site and the Materials.

The trademarks, logos and service marks displayed on our site are the property of Yaffe or other third parties.  You are not permitted to use these marks without the prior written consent of Yaffe or such third party which may own the Mark.

Links.

Solely as a courtesy to you, our site may contain links to third-party websites and resources. We do not endorse, approve, certify or control any of those websites.  Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of those sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness.

 Disclaimer.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SITE AND ALL INFORMATION, PRODUCTS, SERVICES, MATERIALS AND OTHER CONTENT MADE AVAILABLE VIA OUR SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOUR USE OF OUR SITE AND ANY SUCH CONTENT IS AT YOUR OWN RISK. YAFFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, NON-INTERFERENCE AND ACCURACY OF INFORMATIONAL CONTENT.  YAFFE DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF OUR SITE OR ANY CONTENT AVAILABLE FROM OUR SITE, INCLUDING (WITHOUT LIMITATION) ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF OUR SITE OR ANY CONTENT AVAILABLE FROM OUR SITE.

ANY MATERIAL USED, DOWNLOADED OR OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN RISK AND FOR GENERAL INFORMATION ONLY.  NONE OF THE MATERIAL ON THIS SITE CONSTITUTES TAX OR LEGAL ADVICE.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL.  INFORMATION CREATED BY A THIRD PARTY THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY YAFFE AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

  

Responsible Conduct.

When using our site you agree not to: (a) violate any applicable local, state, national or international law or regulations; (b) engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, or misrepresenting your affiliation with any person or entity; (c) transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, pornographic, indecent, libelous, invasive of another’s privacy or publicity rights, bigoted, hateful or racially, ethnically or otherwise objectionable; (d) violate or attempt to violate the security of our site, use any device, software or routine to interfere or attempt to interfere with the proper working of our site, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (e) engage in any activity that restricts or inhibits any other user from using or enjoying our site, such as by “hacking”, “cracking”, “spoofing”, or defacing any portions of our site; (f) upload any e-mail addresses, or collect personal information for any commercial use or unlawful purpose; (g) transmit any content which you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (h) transmit any content that contains any viruses, worms, time bombs, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of any software or hardware or equipment or materials used in connection with our site; (i) infringe, misappropriate, or otherwise violate any existing national or international copyright, trademark, service mark, trade name or other intellectual property or proprietary rights of any person or entity whatsoever; (j) encourage or promote illegal activities; (k) give any password used for a function of our site to anyone; (l) transmit advertising, commercial solicitations or promotional materials relating to services which are competitive with Yaffe and/or our site; (m) transmit political campaign materials, chain letters, mass mailings or spam mail; (n) transmit any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of our site or its contents; or (o) harvest or collect information about website visitors without their express written consent.  Yaffe reserves the right to seek damages from any person or entity which violates these Terms of Use to the fullest extent permitted by law.

Indemnification.

Any person or entity submitting content or otherwise using our site agrees to defend, indemnify and hold Yaffe and its affiliates and licensors, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such use, including (without limitation) claims made by third parties related to a violation of any representation or warranty contained in these Terms of Use and any claim related to submitted content, even if such content is reviewed by Yaffe prior to publishing on our site.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL YAFFE, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF OUR SITE OR THE MATERIALS, OR OF ANY HYPERLINKED WEB SITE, INCLUDING (WITHOUT LIMITATION) ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF YAFFE, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Privacy Policy.

This subsection of the Terms of Use constitutes a privacy policy that is intended to disclose Yaffe privacy practices, whether you are a casual browser of our site, or a visitor who directly engages with us.

Yaffe & Company collects personally-identifying information from visitors who volunteer that kind of information, such as visitors who ask us to contact them via the “Contact Us” page, or those who register their emails to receive notifications from us.  The scope of the information collected will vary depending on how a visitor engages with us.

Yaffe does not collect personally-identifying information from visitors to our site unless the visitor has volunteered personally-identifying information, as noted above.  But, like most site operators, Yaffe does collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the visitor’s Internet Protocol (IP) address, browser type, internet service provider, operating system, language preference, referring page, exit page, clickstream data, and the date and time of each visitor request.  We may use this non-personally identifying information to create a profile or log of your preferences, but we do not tie information in this file to any of your personally identifying information which we may have.

The non-personally-identifying information that we collect is generally used for internal purposes, such as fulfilling your requests for information, permitting access to features of our site, enabling customer support, responding to your inquiries, compiling usage statistics regarding the Yaffe site, analyzing visitor preferences regarding our products and services, and better understanding how Yaffe’s visitors use the Yaffe site and Yaffe products and services.  To that end, Yaffe may share information, including personally-identifying information, with its employees, contractors and affiliated organizations that need to know that information in order to process it on Yaffe’s behalf and that have agreed not to disclose it to others (for example, if Yaffe were to use a third party to deliver email newsletters and other email messages). Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Yaffe site or any Yaffe product or service, you consent to the transfer of your information to them. Yaffe does not rent or sell such information to anyone.  Yaffe may also release non-personally-identifying information about visitors and customers, such as information that is aggregated for use in the reports we publish based on visitor responses to our surveys.

The personally-identifying information that we collect may be used to communicate with you, such as by email, phone or otherwise, but is never included in our published reports.  We will also divulge personal information to law enforcement agencies or other governmental agencies when required to do so, when we in good faith believe it is necessary in order to comply with legal obligations, or when Yaffe believes in good faith that disclosure is reasonably necessary to protect the property or rights of Yaffe, or the public at large.  We may also monitor communications, like email correspondence and telephone calls, to track reported problems and to ensure quality assurance.

In the event that Yaffe goes through a business transition, such as a reorganization, merger, acquisition, or sale of all or a portion of its assets, user information, including personally identifying information, may be one of the transferred assets.  We are the sole owner of any and all information which we may collect, including through the Yaffe site and interactive software features.

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Yaffe’s site may use both session ID cookies (which expire when you close your browser) and persistent cookies (which remain on your hard drive for an extended period of time) to help Yaffe identify and track visitors, their usage of the Yaffe site, and their site access preferences, and to deliver content specific to a visitor’s interests. Site visitors who do not wish to have cookies placed on their computers by Yaffe or its contractors should set their browsers to refuse cookies before linking to our site. For information on configuring your browser to decline cookies, check your browser’s “help” feature.  Certain features of Yaffe’s site may not function properly without the aid of cookies.

We may use clear gifs, which are tiny graphics with a unique identifier that track online movements of site visitors and inform us what content on our site is most effective.  Clear gifs are embedded invisibly on Web pages and HTML-based emails and are about the size of the period at the end of this sentence. We do not tie the information gathered by site clear gifs to our customers’ personally identifiable information, although we may link that information to your IP address.

We may also use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients.  This allows us to gauge the effectiveness of certain communications and the effectiveness of our email campaigns.  If you would like to opt-out of these emails, you may contact marketing@yaffeco.com

You may view, correct or update the personally-identifying information we have about you by sending a request to marketing@yaffeco.com.  In addition, if you no longer wish to receive our electronic communications, you may opt-out of receiving those communications by following the instructions included in each email or communication you receive.  If we use any of your personal information in a manner that you believe is inconsistent with this privacy statement, please notify us immediately by sending an email to marketing@yaffeco.com.  Your only remedy in any such case is to ask us to correct such inconsistency. 

This privacy policy only addresses the use and disclosure of information we collect from you.  Although you may link to other sites or third parties via the Yaffe site, we are not responsible for the privacy practices of third parties or the content of linked sites. 

Yaffe has put security measures in place that are intended to secure and protect against the loss of personally identifying information collected through the site. However, you should keep in mind that the site is run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security.

 

Jurisdiction & Dispute Resolution.

Any dispute with respect our site or the Materials shall be governed by the Federal laws of the U.S.A. and the laws of the State of Maryland, U.S.A., without regard to choice of law provisions.  YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF OUR SITE OR ANY MATERIALS SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN BALTIMORE COUNTY IN THE STATE OF MARYLAND.  YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE OR ANY MATERIALS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

If any provision of these Terms of Use is found to be invalid by a court with competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

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