CRISDEL GROUP, INC
TERMS OF USE

Recipients of E-Mails

The information contained in any e-mail received from Crisdel is intended only for the personal and confidential use of the designated recipients to whom the e-mail is addressed and/or copied. If the reader of an e-mail is not the intended recipient, you received the e-mail in error and any review, dissemination, distribution or copying of the e-mail is strictly prohibited. If you received the communication in error, please notify Crisdel immediately by electronic mail at lfeyas@crisdel.com or by telephone at (800) 564-8892 and delete the original message from your e-mail system and/or computer database.

Introduction

This website and its content, features and services (collectively the “Site”) is owned and operated by Crisdel Group, Inc. (“Crisdel,” “we,” “us, “or “our”). The Site, located at the URL www.crisdel.com, has been developed and is controlled and maintained by Crisdel. By using the Site, you agree to be bound by all of the terms and conditions, as well as the Privacy Policy set forth herein and any amendments thereto (collectively the “Terms and Conditions”). From time to time, these Terms and Conditions may be changed, expanded or amended, and may include the introduction of additional Terms and Conditions for certain Site features. Any changes to these Terms and Conditions will be made without notice and be effective immediately upon posting on the Site. The “Last Updated” date at the top of this document will indicate when the latest changes were made to these Terms and Conditions. In addition, when using particular services or features on the Site, you shall be subject to any posted guidelines or rules applicable to such services or features. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.

Permitted Use & Proprietary Rights

Crisdel is a road, heavy highway and utility contractor based in New Jersey. To assist you in learning more about Crisdel, the Site includes samples of our past work, listings of our current clients and projects, information regarding our services, biographies of our principals and postings of our current employment opportunities. All material on the Site including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, commercials, videos and other elements making up the Site (collectively the “Content”) are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us, our clients, or by other parties that have licensed or otherwise provided their material to us. You acknowledge and agree that all Content on the Site is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on the Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. You may not add, delete, distort or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features or to utilize this Site or any part of the Content for any purpose other than its original, intended purposes is strictly prohibited. We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on this Site, in our sole discretion.

Linked Web Sites

This Site may contain links to other web sites that Crisdel neither controls nor maintains. You agree that we will not be responsible for any content, advertising, privacy policies, products, services or other material on or available from such linked web sites. Use of those web sites is at your own risk.

Submissions

In the event you make a submission to us, including without limitation, any notes, postings, ideas, suggestions, concepts, stories, photos or other material through the Site or otherwise (“Submission”), you agree that Crisdel has a fully paid up, royalty free, worldwide, perpetual limited license to use the Submission in any manner we deem appropriate, and we may use such Submission in any form and manner in any media, whether now known or hereafter devised, and you will not have any claim against us with respect to such use. Further, you agree that we have sole right, title and interest in any and all derivative works that Crisdel, its agents or affiliates create as a result of your Submission. You acknowledge and agree that Crisdel may create or has created Content on its own that may be similar or identical in theme, idea, plot, format or other respects to your Submission, and you waive any and all claims you had, have and/or may have in the future, that any such content may be similar to ideas and material you submit. Any dispute concerning your Submission will be handled in accordance with the “Resolution of Disputes” Section that follows. You hereby agree that any resumes, applications or other employment related material you submit may be used by us in any manner that we, at our sole discretion, deem necessary to facilitate consideration of these materials, subject to applicable laws.

Resolution of Disputes

You agree that any dispute in any way arising out of or related to these Terms and Conditions, including Crisdel’s Privacy Policy or any claim by you of any kind that Crisdel or any of its parents, subsidiaries, agents and affiliated entities, and each of their respective officers, directors, members, partners, employees and authorized agents (collectively the “Crisdel Parties”), has used any Submission by you, or that anything done by Crisdel or any of the Crisdel Parties infringes your copyright or trademark or any other rights in your Submission, as well as any dispute as to the arbitrability of any such controversy or claim, shall be resolved solely by mandatory arbitration “(Arbitration”). In this regard, you agree and acknowledge that: 1. Arbitration shall be final and binding on the parties, and that judgment thereon may be entered in any court of competent jurisdiction ; 2. any Arbitration pursuant to this agreement shall be conducted in New Jersey before a single arbitrator familiar with the advertising industry and pursuant to the American Arbitration Association’s (“AAA”) commercial arbitration rules; 3. you and Crisdel are waiving any respective rights to seek remedies in court, including the right to a trial by jury; and 4. if it is determined by the arbitrator that Crisdel or any of the Crisdel Parties improperly used a Submission, or any part thereof, without your consent, or infringed any of your rights in a Submission including, but not limited to, copyright or trademark rights, you agree that the sole remedy that can be awarded in any Arbitration against Crisdel or any of the Crisdel Parties shall be a monetary award in the amount that Crisdel has paid for a similar use of comparable material (or, if Crisdel has not previously used comparable material, an amount equal to a standard fee in the advertising industry for such material), and you expressly waive any right to any other form of relief including, but not limited to, injunctive relief, any form of punitive damages or any alternate calculation of damages; and 5. The prevailing party in any Arbitration pursuant to these Terms and Conditions shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, incurred in connection with such Arbitration.

Prohibited Uses

You agree not to (a) use the Site, the Content, or any products or services included on or available through this Site for any unlawful purpose, (b) restrict or inhibit any other user from using and enjoying the Site, hacking or defacing any portion of the Site, introducing any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges; (c) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; or (d) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity.

Copyright and Trademark

All intellectual property contained within the Site is owned by Crisdel Group, Inc. The trademarks, service marks, color marks, trade names and trade dress found on this Site are protected by United States and International law. Crisdel, The CC logo and the color “Crisdel Blue” are all registered service marks of Crisdel Group, Inc. Use of these service marks are strictly prohibited, unless Crisdel Group, Inc. provides its express written consent and authorization. All rights reserved.

Disclaimer of Warranties

The Site and all Content, products and services included on or available through the Site are provided on an “as is” and “as available” basis. You agree that your use of the Site and any product or service purchased or acquired through the Site is at your sole risk. We, each of the Crisdel Parties, as well as our vendors, licensors, sponsors and advertisers expressly disclaim all warranties of any kind, whether express or implied including, without limitation, the implied warranties of merchantability or fitness for a particular purpose or non-infringement. We make no warranty: (a) that use of the Site or any Content or services on or from the Site (including any software) will be uninterrupted, timely, accurate, secure or error free; (b) that the Site will be available at any particular time or location; (c) that any errors on the site will be corrected; or (d) that the servers on which the Site, Content and services are available are free of viruses or other harmful components.

Limitation of Liability

Under no circumstances shall we, any of the Crisdel Parties, or our vendors, licensors, sponsors or advertisers, be liable for any direct, indirect, incidental, consequential, special or exemplary damages (even if such party has been advised of the possibility of such damages) including, without limitation, any lost profits, revenue, or business interruption, or loss of computer programs or data arising from (a) your use of or inability to use the Site, or (b) content, products, information and/or services included on or available through the Site. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you in its entirety.

Governing Law

The Terms and Conditions, as well as the Privacy Policy contained herein, shall be exclusively governed by and construed in accordance with the laws of the State of New Jersey within the United States of America without giving effect to any principles of conflicts of law. Crisdel controls and operates the Site from its offices located in the State of New Jersey. Crisdel makes no representation that the Content contained on the Site is appropriate or available for use in jurisdictions outside the United States, or that the Terms and Conditions comply with the laws of any other country. Visitors who use the Site and reside outside the United States are responsible for compliance with local laws if and to the extent local laws are applicable. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced.

Miscellaneous

These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The failure of Crisdel to insist upon strict adherence to any term or condition shall not constitute a waiver of such term and shall not be considered a waiver or limit Crisdel’s right thereafter to insist upon strict adherence to that term or any other term of this policy. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of this Site must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

Introduction

Crisdel is committed to respecting your online privacy and recognizes the need for protection and management of any personally identifiable information (“Personal Information”). This Privacy Policy sets forth what information we may collect from you on the Site and how we may use and share that information. By using the Site, you agree to accept the terms of our Privacy Policy. This Privacy Policy applies only to information that we collect on the Site and does not apply to information that we may collect by other means. Any information we may collect through your use of this Site is subject to our Privacy Policy. Our Privacy Policy is hereby incorporated in the Terms and Conditions by this reference.

Personal Information We May Collect

Personal Information means any information that may be used to identify an individual including, but not limited to, a first and last name, a home or other physical address, a phone number or an e-mail address. In order to access certain information, services or features that may be contained on the Site, we may require you to provide Personal Information. We may also use Personal Information to consider your application for employment if you provide us with resumes or other job application material. You hereby agree that any information, resumes, applications or other employment related material you submit may be used by us or our affiliated entities, subject to applicable law, in any manner that we, at our sole discretion, deem necessary to facilitate consideration of these materials.
We may also collect certain demographic information (such as gender or age) and information about your interests and preferences (“preferences information”). In many cases, such demographic and preferences information (besides age) is optional. If we ever use any demographic or preferences information together with any Personal Information, then such demographic and preferences information will be treated as Personal Information under this Privacy Policy.

We may sometimes receive information about you from our business partners, outside websites or other third parties. We may combine Personal Information that you provide to us on the Site with such information from third parties. Our online use of such information from third parties will comply with the terms of this Privacy Policy.

How We May Use Your Information

If you provide us with Personal Information, we may retain and use that information for several purposes. For example, we may use your Personal Information in order to process and fulfill your specific request and to respond to your questions. We may also use Personal Information to ensure compliance with our policies and applicable law.

With Whom We May Share Your Information

We may sometimes use other businesses to perform certain services for us, such as maintaining the Site and our mailing lists, sending postal mail (if necessary) and providing marketing assistance and data analysis. We may provide Personal Information to those businesses when that information is necessary for them to perform their duties. Crisdel will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Information on Crisdel’s behalf.

Crisdel fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities, and may in its sole discretion disclose Personal Information or other information to satisfy any law, regulation, subpoena or government request, or in connection with litigation. Crisdel reserves the right to release Personal Information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Site Terms and Conditions, even without a subpoena, warrant or court order, if we believe in our sole discretion that such disclosure is necessary or appropriate to operate the Site, or to protect the rights or property of Crisdel, its affiliates or any of their officers, directors, or employees, agents, third party content providers, suppliers, sponsors, or licensors. Crisdel also reserves the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful.

Cookies and Other Tracking Technologies

Except for personalizing your experience when you visit the Site, it is not our practice to link the information we record using cookies or other tracking technologies to any Personal Information you submit while on the Site. However, we reserve the right to use cookies, IP addresses and other tracking technologies to identify a visitor only when we feel it is necessary to enforce compliance with the Site’s policies, to protect the Site, our customers or others, or when we believe in good faith that the law requires it.

Links to Other Sites; Public Venues

Please be aware that when you are on the Site, you could be directed to other sites that are beyond our control. These other sites may send their own cookies to visitors, collect data or solicit Personal Information. The privacy policies of these other sites may be significantly different from this Privacy Policy. We are not responsible for the privacy practices of these other sites and cannot guarantee the security of any of your Personal Information collected there.

Please keep in mind that whenever you give out Personal Information on a “public” venue online (for example, in a message board or chat room), that information can be collected and used by people you do not know. If you choose to voluntarily disclose information in any message board, chat room or similar forum that may be available on the Site, the protections of this Privacy Policy will not cover such disclosure of information. We are not responsible and will not be liable for any opinions, content or other materials posted by users on any such venues, or for the use by other visitors or third parties of any information or content you may post to such venues. If we offer access to message board or access to other public venues, additional terms and rules regarding the use of these message boards and other public venues, will be included in the Crisdel.com Terms and Conditions or guidelines for use displayed at such venues.

Security

Crisdel will take reasonable steps to protect the Personal Information that you share with us from unauthorized access or disclosure. When you submit Personal Information from your PC to our servers, your information is protected behind a “firewall” (a combination of computer hardware and software that helps keep unauthorized individuals from accessing information within our computer network). Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction or inadvertent disclosure of your Personal Information.

Children’s Privacy

This Site is not intended for use by children under 13. We do not knowingly collect Personal Information from anyone under 13 years of age, except for the limited circumstances described below. In the event a child under the age of 13 submits a question to us on the Site and identifies his or her age, we may use the child’s e-mail address for the sole purpose of responding to the child’s question on a one-time-only basis. However, we will not use the child’s e-mail address to re-contact the child and we will delete it from our records once we have responded. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make reasonable efforts to delete such information from our database.

Third Party Ad Servers

As of the effective date of this Privacy Policy, we do not have relationships at the Site with third party ad server networks. However, we may at some point engage third party ad server networks to serve advertisements within or in connection with the Site. Because your web browser must request these advertising banners from the ad networks’ servers, these companies can send their own cookies to your cookie file, just as if you had requested a web page from the Site. We will only authorize third party ad servers to employ anonymous cookies for ad delivery and anonymous targeting. We would not knowingly permit a third-party ad server to collect Personal Information about you. If you want to prevent a third-party ad server and/or third party service provider from sending and reading cookies on your computer, you must visit each third-party ad server network’s website individually and opt out (if they offer this capability).

Infringement and Regulatory Complaints

We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading or posting material, or otherwise using this Site in violation of any applicable federal, state, or local laws. We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission, please provide the following information to our agent identified below. Ensure that your notice contains the following:

• an electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
• a description of the work you claim has been infringed;
• identification of the work you claim infringes the copyrighted work and a description of where it is located on the Site, and a brief statement explaining why you believe it infringes the copyrighted work;
• your address, telephone number and e-mail address;
• a statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner’s agent and/or by laws; and
• a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our agent can be reached as follows:
Crisdel Group, Inc.
240 Ryan Street
South Plainfield, New Jersey 07080
Attention: Liane Feyas, CFO

Changes to Our Privacy Policy

The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by changing the “Last Modified” date at the top of the Terms and Conditions. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.

If you have any comments or questions regarding these Terms and Conditions and the Privacy Policy or wish to report any violation of these Terms and Conditions, contact us by electronic mail at lfeyas@crisdel.com or by telephone at (800) 564-8892. We will address any issue to the best of our abilities as soon as possible.