Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. The term "GASP" includes www.njgasp.org, Global Advisors on Smokefree Policy, formerly New Jersey Group Against Smoking Pollution, Inc. (the owner and general administrator of www.njgasp.org), its directors, officers and staff, including its attorney and volunteers. By using this site, you signify your consent to these terms and conditions and you agree to ensure that any person in your company or firm to whom you grant access to this site will abide by these terms and conditions. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of GASP following the posting of changes to these terms will mean you accept these changes.
1. No
Legal Services or Attorney-Client Relationship
The www.njgasp.org site is an informational site for the public-at-large.
No attorney-client communications or client confidences should be posted
on the site. (See Section 2 below for more information about preserving
client confidentiality, attorney work product protection and the attorney-client
privilege.) Your use of this site does not create any attorney-client
or fiduciary relationship between you and New Jersey Group Against Smoking
Pollution, Inc. (the administrator and owner of this site), its employees,
attorney and/or volunteers. Your use of this site also does not create
any attorney-client or fiduciary relationship between you and any other
user of the site, including the practice area hosts. Although this web
site may provide information concerning potential legal issues, it is
not a substitute for legal advice from qualified counsel. You should not
and are not authorized to rely on this web site as a source of legal advice.
GASP functions as the equivalent of a continuous source of information.
Each user asking a question has, by using the system, undertaken that
s/he remains solely responsible for protecting his or her interests and/or
those of his or her client. No user shall be entitled to claim detrimental
reliance on any views received, or to claim that a user providing answers
or substantive materials has any duty to update such material or to use
care to protect the interests of the recipient. Each user undertakes to
protect his or her client's interests by fitting the information received
to the facts and circumstances of the case, by taking whatever steps are
necessary to check all information and by personally assuring that the
advice s/he provides is based on accurate and complete information and
research from any available sources.
2. Preserving
Client Confidentiality and the Attorney-Client Privilege
You are cautioned that the posting on this site of confidential information
relating to a client or case may constitute a breach of your ethical obligation
to protect client confidences and may result in a waiver of attorney work
product protection and the attorney-client privilege. You are further
cautioned that although GASP takes steps to prevent likely adversaries
from accessing GASP message boards, GASP cannot guarantee that your adversaries
will not have access to the messages and/or questions you post. Confidential
information relating to a client or case, including a client's name, should
therefore never be posted on this site. Confidential client information
includes any information relating to a client or case that is (1) not
generally known, and is (2) acquired by a lawyer, other legal professional
or law student during the course of, or as a result of, the representation
of that client. Information relating to a client is deemed not generally
known when such information could not be acquired without special knowledge
or substantial effort or expense. Information is typically protected from
involuntary disclosure by the attorney-client privilege if the information
is gained or shared through (1) a communication, (2) between an attorney
and client, (3) made in confidence, and (4) for the purpose of obtaining
or providing legal advice. The attorney-client privilege can be waived,
however, when an attorney-client communication is disclosed to a third
party to whom the attorney-client privilege does not extend (i.e., someone
other than an agent or associate of the attorney). Under the attorney
work product doctrine, material collected by a lawyer in preparation for
anticipated litigation is, in general, protected from discovery by opposing
counsel. Attorney work product may be subject to discovery, however, if
information that would otherwise have been protected under the work product
doctrine is disclosed to a third party (other than an agent or associate
of the attorney) and that disclosure significantly increases the likelihood
that potential adversaries can obtain the information. Consistent with
preserving client confidentiality, attorney work product protection and
the attorney-client privilege, you may discuss on this site general scenarios
in the form of hypotheticals, so long as there is no risk that another
user of this site who lacks independently acquired information about the
matter would be able to identify the client or any unique legal strategy
involved. Users with specific questions about a particular client or case
should contact the practice area host by e-mail or telephone rather than
posting questions on a bulletin board. Similarly, users uncertain about
the propriety of posting any question on a bulletin board should refrain
from posting the question and should consult the practice area host by
e-mail or telephone regarding the confidentiality and privilege implications
of the question. Appropriate postings:
· Can anyone tell me where I might find information regarding .
. . ?
· Does anyone know what steps a person living in New Jersey would
need to take in order to make a workplace smokefree?
· Has anyone had a case that involved [any non-unique fact pattern
or issue]? Inappropriate postings: · My client, Ted Smith, . .
. .
· My client told me . . . .
· I have a case against Jane Doe, the lawyer for the XYZ agency
. . . . Please keep in mind that breaching client confidentiality and/or
waiving attorney work product protection and/or the attorney-client privilege
can have severe consequences for you and your client. In cases of doubt,
do not post the question.
3. Privacy and Confidentiality
GASP has adopted a set of information management guidelines which serve
as the basis for protecting the privacy of the information on its site.
These guidelines have been developed with the recognition that Internet
technologies are rapidly changing, and that underlying business models
are still not established. Accordingly, guidelines are subject to change.
Any such changes will be posted on this page. GASP may require that users
supply personal information, including e-mail address, during its registration
process prior to using the site. On occasion, GASP may collect additional
personal information from users through survey forms. GASP employs "cookies"
to recognize a user, as well as to track usage. Demographic information
may be combined with site usage reports to profile, in aggregate form,
users and their interests. Using the e-mail addresses provided at registration,
GASP may periodically send e-mail to its users informing them of services
or information provided by GASP and its participating organizations. A
user can indicate that s/he does not wish to receive such e-mail by sending
an e-mail to GASP. GASP will use reasonable efforts to prevent users from
accessing information posted within the site, including electronic mail
and postings on the message boards, subject to a reservation of its right
to access and disclose any message on the system for the purpose of providing
the service, to protect the security or quality of the system or the rights
or property of GASP or third parties, or as required by law. Except as
expressly provided herein or as required by law, GASP will not knowingly
disclose the contents of private electronic mail or private conference
area to anyone other than addressees, authorized recipients, or those
to whom such disclosure is necessary to assure forwarding or delivery
or the security or quality of the system.
4. Rules
Relating to Deletion of Materials
GASP will delete any materials at the request of the user who submitted
the materials. GASP reserves the right to delete (or to refuse to post)
any materials it deems detrimental to the system. GASP reserves the right
to edit materials submitted by users. GASP shall be used only in a noncommercial
manner by you. By using GASP, you agree that you will not, without the
express approval of GASP, distribute or otherwise publish any material
containing any solicitation of funds, promotion, advertising, or solicitation
for goods or services. You specifically agree that soliciting other GASP
users to join or become users of any commercial on-line service or other
organization is expressly prohibited. Each party that submits materials
agrees that in uploading files to the system, it will use only computer
systems employing reasonable means to check for and prevent the spread
of computer viruses.
5. Rules
Regarding Copyright on Submitted Materials
In posting a work on a service offered by GASP, you authorize other users
who have access to that service to make personal and customary use of
the work, including creating links or reposting on GASP, but not otherwise
to reproduce or disseminate it unless you give permission for such dissemination.
You also give permission to GASP to copy your works as part of the normal
backup process, and to site administrators to archive topics containing
your works.
6. No
Warranties and Limitation of Liability
Information provided on this web site is provided "as is" without
warranty of any kind, either express or implied, including without limitation
warranties of merchantability, fitness for a particular purpose, or non-infringement.
GASP periodically adds, changes, improves, or updates the information
and documents on this web site without notice. GASP assumes no liability
or responsibility for any errors or omissions in the content of this web
site. Your use of this web site is at your own risk. EACH USER BY REGISTERING
TO USE THIS SITE WAIVES ANY AND ALL CLAIMS RELATING TO THE USAGE OF THE
SYSTEM OR MATERIAL OR INFORMATION MADE AVAILABLE THROUGH THE SYSTEM, WHETHER
SUCH CLAIMS ARE AGAINST GASP OR ANY OTHER PERSON WHO HAS SUPPLIED MATERIAL
TO THE SYSTEM. Under no circumstances and under no legal theory shall
GASP, its suppliers, or any other party involved in creating, producing,
or delivering this Web site's contents be liable to you or any other person
for any damages, including but not limited to indirect, special, incidental,
or consequential damages of any character arising from your access to,
or use of, this web site. You agree to indemnify and hold GASP and its
users harmless from any claim arising as a result of your use of the system
or the materials you upload or post on the system.
7. Rules
Regarding GASP Copyrights
GASP retains its copyright in the layout and graphics of this site, the
collective and compilation copyrights in all databases and navigation
design, and all other content created by staff of GASP. GASP authorizes
you to view, copy, download, and print the materials on this web site
in which it has a copyright for the purpose of fair use, subject to the
following conditions:
- The materials may be used solely for personal, noncommercial, and informational purposes.
- The materials may not be modified.
- Any original copyright notice that appears on the work must appear on all copies.
The reproduction, copying, or redistribution of materials in which GASP has a copyright for commercial purposes is prohibited without the express written permission of GASP. To obtain permission to copy portions of this site, please send your request via e-mail to info@njgasp.org and provide the following information in the body of the e-mail:
- the GASP content you wish to use
- where and how it will be used (for example, a book cover, magazine article, a brochure)
- where and how copies will be distributed and to what audience
- how many copies will be produced and distributed
- when you intend to publish
- what other non-GASP materials will be associated with the GASP content
- your name, title, company, address, e-mail address, and phone number.
We will evaluate your request and advise you as soon as possible. GASP reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our web site. Notwithstanding anything to the contrary, nothing herein prohibits the use of GASP's graphics and/or any other references to GASP for the purposes of hyperlinking to GASP. However, any and all hyperlinks to GASP must first be approved by GASP, which reserves the right to refuse permission to hyperlink to GASP.
8. Rules
Regarding GASP Net Service Marks and Trade Dress
GASP service marks and trade dress identify GASP products and services
and let the public know the source of those products and services. You
may not use any GASP service marks and trade dress under any circumstances
without our prior written authorization. If you are in doubt as to whether
you need our permission for a specific type of use, please contact us
via e-mail to info@njgasp.org.You may not use GASP logos, "design"
service marks or trade dress under any circumstances without our prior
written authorization.In addition, you may not use GASP service marks,
whether design or word marks, or trade dress in any the following ways:
- in a non-GASP service name or publication title
- in, as, or as part of, your own service or trademarks
- to identify products or services that are not GASP's
- in a manner likely to cause confusion
- in a manner that implies inaccurately that we sponsor or endorse, or are otherwise connected with, your own activities, products, and services
- as hidden or embedded text in web pages in an effort to cause a search of GASP marks to result in a hit on a page not maintained by GASP
- in a manner disparaging of GASP
9. Links
to Third Party Sites
If you use any links in this web site to web sites not maintained by GASP,
you will leave the GASP web site. The linked sites are not under the control
of GASP and GASP is not responsible for the contents of any linked site
or any link contained in a linked site. GASP provides these links to you
only as a convenience and the inclusion of any link does not imply recommendation,
approval or endorsement by GASP of the site, nor does it imply that the
linked site recommends, approves of, or endorses GASP.
10. Termination
Each user is free to terminate his or her usership at any time for any
reason. GASP may terminate or suspend the privileges of any person to
use GASP and its related services without notice for any reason in its
sole discretion, including but not limited to having reached the conclusion
that any user has breached these terms or applicable rules. GASP shall
be free to terminate its provision of this service at any time.
11. Choice
of Forum
These terms shall be governed by and construed in accordance with the
laws of the State of New Jersey, without giving any effect to any principles
of conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the state or
federal courts located in Union County and you hereby consent to the personal
jurisdiction of such courts for the purpose of litigating any action.
12. Arbitration
Any controversy or claim arising out of or relating to your use of GASP,
these Terms and Conditions for GASP or the breach thereof, will be settled
by binding arbitration conducted before one arbitrator who is knowledgeable
in computer and cyberspace law. The site of any such arbitration shall
be in Summit, New Jersey. The arbitration will be conducted in accordance
with the then applicable Commercial Arbitration Rules of the American
Arbitration Association. The award rendered by the arbitrator will be
binding and conclusive on the parties and judgment upon such award may
be entered in any court having jurisdiction thereof. The opposing party
to GASP will bear its own, as well as GASP's, costs and expenses, including
fees and expenses of counsel, associated with the arbitration. The arbitrator
will not be empowered to award punitive damages to either party.
13. Integration
These terms and conditions, including any supplemental rules posted on
the system, incorporated herein by reference, constitute the complete
statement of the agreement between the parties, which supersedes and merges
all prior proposals, understandings, and all other agreements, oral and
written, between the parties relating to the subject matter hereof.
14. Severability
If any provision of these terms is found to be invalid, void, or unenforceable,
the parties agree that the remaining provisions hereof will not be affected
thereby, that the provision in question may be replaced by the lawful
provision that most nearly embodies the original intention of the parties,
and that these Terms and Conditions for GASP will in any event remain
valid and enforceable.
Last update: 2/3/12