A Loving Tribute to
Gerald Nissenbaum, M.D.

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Legal Notice
TERMS AND CONDITIONS


The act of viewing this website constitutes an agreement to be governed by the following terms and conditions ("Terms and Conditions"):

Nothing contained on this website should be construed either to create a duty of care or to constitute a representation to be reasonably relied upon. No responsibility is assumed for the information contained on any website to which this one may be linked, as the same is completely independent of this website. By utilizing this website the User makes the material representation, upon which the User wishes the Law Office of Gary D. Nissenbaum, LLC ("Nissenbaum") to reasonably rely, that:
(a)    the User is not knowingly doing so in a manner that violates any legal or regulatory proscription or duty, including without limitation, a violation of Nissenbaum's intellectual property or that of another, nor utilizing this website in a manner that is harmful to any other person or entity;
(b)    the User is not utilizing any information that the User gained as a result of using this website to illegally or improperly violate another person's or entity's privacy rights;
(c)    the User acknowledges and agrees that this website's textual and non-textual content; its corresponding Internet domain and variations thereof; and variations thereof; any logo contained on this website or other mode of communication representative of Nissenbaum; the underlying code and software owned or licensed by Nissenbaum; and all other of Nissenbaum's proprietary aspects of this website are proprietary and/or are protected, as applicable, under copyright, trademark, servicemark, or patent law and other statutory and common law principles against use or copying. The User shall not without express written permission utilize any of them in a manner that would violate those rights.
Any communications, including without limitation, e mails, still or motion pictures, sound recordings, scanned documents and other materials sent directly (or by "cc" or otherwise) to the contact address on this web site and/or otherwise provided for posting to this website shall become Nissenbaum's exclusive property upon the transmission of the same, such that the User grants and assigns that firm the perpetual and irrevocable right to both publicly or non-publicly utilize the same, including the identifying information contained therein, in any manner whatsoever at no charge and to further assign or transfer it as that firm may deem advisable in its sole discretion. Notwithstanding the foregoing, neither Nissenbaum nor the Estate of Gerald Nissenbaum, Gerald Nissenbaum's immediate family, their heirs, successors or assigns shall be liable for any content that is posted to this web site as a remembrance or other communication from the public concerning Dr. Nissenbaum or others. Without limitation, all such matierial may be utilized by Nissenbaum and its assigns in connection with, this website, a book or pamphlet publication or otherwise either for sale or for other distribution without remuneration of any type to any other person or entity.
DISCLAIMER: BY UTILIZING THIS WEBSITE, THE USER WAIVES ANY CLAIM AGAINST NISSENBAUM FOR, AND NISSENBAUM DISCLAIMS LIABILITY FOR, PUNITIVE, INDIRECT, DIRECT OR INCIDENTAL DAMAGES.
Whenever the term "Nissenbaum" is used in connection with all of the Terms and Conditions and in accordance with the other modes and methods set forth in the other webpages of this website regarding its use in regard to a right, protection or benefit, it should be construed to encompass Nissenbaum, its related entities, successors, assigns, directors, officers, employees and agents. Further all benefits of this disclaimer in favor of Nissenbaum shall also be construed to extend to the immediate family of the late Dr. Gerald Nissenbaum, their heirs, affiliated entities, successors and assigns. Further, the term "User" used in connection with these Terms and Conditions shall include his/her/its related entities, successors, assigns, heirs, directors, officers, employees and agents.
The User shall be considered an entity if the individual accessing the website is doing so either (a) on behalf of an entity or (b) is utilizing that entity's computer system in connection with a task (either paid or unpaid) for that entity. If the User is an entity, the person using this website on its behalf hereby makes the material representation upon which he wishes Nissenbaum to rely that he or she is authorized to bind that entity to the Terms and Conditions set forth above, as well as any other obligations imposed or undertaken through use of this website.
The situating of this website on the world wide web and/or Internet constitutes a continuing offer by Nissenbaum to the User to Use, as such term is defined below, the website according to the Terms and Conditions. By utilizing the website in any manner, including without limitation, viewing the same (collectively, a "Use"), the User accepts that offer and creates a binding contract between the two parties to adhere to the same. The parties stipulate that sufficient consideration exists to create that contract and that it is therefore binding upon them. Further, by its Use of this website, the User makes the material representation upon which it wishes Nissenbaum to reasonably rely that it will adhere to the Terms and Conditions in connection with User's Use of the website. Finally, by its Use of this website, the User also stipulates that a violation of any of the Terms and Conditions will result in irreparable harm to Nissenbaum not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy.

The person or entity utilizing this website (the "User") agrees that the laws of the State of New Jersey shall govern any dispute directly or indirectly related to such Use, as defined below (a "Dispute"). Further, the User consents to the jurisdiction of the Superior Court of the State of New Jersey or, if federal jurisdiction exists, at the option of either party, to the jurisdiction of the United States District Court for the District of New Jersey in regard to such Dispute. Service of the summons and complaint to initiate any such action shall be deemed complete when sent either as required by Court procedure or by (a) electronic mail to any of the User's current or future electronic mail addresses, and (b) ordinary mail, in the event a regular mailing address has been provided by the party upon which service is being effected.

By its Use of this website, the User represents that the User has had the opportunity to review this provision with counsel of the User's choosing, if the User wished to do so. The User further acknowledges that the User has thoroughly read these terms and conditions; understands that the User is giving up certain legal rights that may otherwise exist; has asked any questions the User desires to clarify its meaning; and believes it is in the User's interest to nevertheless proceed with this transaction.

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