Last modified: March 2, 2018

Legal Statement & Disclaimers

State of New Jersey

Conditions of Use Notice

The following notices apply to all web sites of state agencies listed at www.state.nj.us/nj/deptserv.html  in the executive branch of state government other than independent state agencies.

Thank you for visiting the State of New Jersey's web site and reviewing our Use Policy. You should also be aware that the State has a Privacy Policy, also available on this web site. By visiting this web site, you are accepting the policies and practices described in this Notice. This Notice covers the following topics:

Please note that this Use Policy is subject to change without notice, and that it reflects the state's current business practices.

Also note that each department within the State may have additional privacy and use policies specific to the mission and needs of their work. Be sure to review those policies as you access additional sites within the State.

Section A. Information Disclaimer

The State of New Jersey makes great effort to provide secure, accurate and complete information on this web site. However, portions of the information contained in this site may be incorrect or not current. Any errors or omissions should be reported for investigation.

The State of New Jersey, its officers, employees or agents shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of information, including but not limited to, damages or losses caused by reliance upon the accuracy or timeliness of any such information, or damages incurred from the viewing, distributing, or copying of those materials.

The materials and information provided on this website are provided "as is." No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this web site or its hyperlinks to other Internet resources.

The State disclaims any duty or obligation to either maintain availability of or to update the information contained on any of these web sites.

Section B. Investment Information Disclaimer

The State has included the information contained on this web site for general informational purposes only and no person should make any investment decision relating to securities of the State or securities issued by governmental authorities that are secured by amounts subject to appropriation by the State Legislature in reliance on any statements or information contained herein. This web site and the information contained herein do not constitute an offer to sell or the solicitation of an offer to buy any such securities.  The State does not intend and does not consider any of the statements or information on this web site as a communication to the investment community or to any persons who own or who may consider purchasing any such securities.

Section C. Links to Other Sites

The State of New Jersey's website and materials may contain hypertext or links to other internet computer sites, which are not owned, operated, controlled or reviewed by the State. These links are provided solely as a courtesy and convenience to you, the visitor.

The State of New Jersey, its officers or employees, exercise no control over the organizations, views, accuracy, copyright or trademark, compliance or the legality of the material contained on those servers and do not sponsor, endorse, or approve the information, content, proceeds, materials, opinions or services contained on such external sites. The visitor proceeds to those external sites at their own risk. The State of New Jersey specifically disclaims any and all liability from damages, which may result from the accessing of a third-party site, which is linked to the State of New Jersey's web site, or from reliance upon only such information.

Section D. Endorsement Disclaimer

Reference in this web site to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the State of New Jersey, or its officers, employees or agents.

Section E. Intrusion Detection

All State of New Jersey computer systems are subject to monitoring at all times to assure proper functioning of the systems, to provide security for the computer system's operation and information contained therein, to prevent unauthorized use, and to deter and investigate violations of law. There is no reasonable expectation of privacy in the use of this web site.

Section F. Copyright and Trademark Limitations

The State of New Jersey has made the content of these pages available to the public and anyone may view, copy or distribute State information found here without obligation to the State, unless otherwise stated on particular material or information to which a restriction on free use may apply. However, the State makes no warranty that materials contained herein are free of Copyright or Trademark claims or other restrictions or limitations on free use or display. Making a copy of such material may be subject to the copyright of trademark laws.

Section G. Seal of the State of New Jersey

Use and display of the Seal of the State of New Jersey and the seals and logos of any state agency are restricted by law and may be used only as authorized by the law of the State of New Jersey.

Section H. Unauthorized Modifications

Unauthorized attempts to modify or modifications of any information stored on the State's web pages may result in criminal prosecution.

Section I. Obligations of Non-Disclosure
  1. The user will only use this information for the benefit of projects within the municipality that has authorized the user’s account or for which the user has an existing contractual, organizational or professional relationship. The user will not knowingly access the data of other municipalities for unauthorized purposes, including business development;
  2. The user will not share or circulate the data within this portal for any purpose which might be directly or indirectly detrimental to the Provider or any of its affiliates or subsidiaries. This includes restrictions on sharing the data within this portal with the general public outside of official state, county or municipal public education and dissemination programs;
  3. The obligations to ensure and prevent the disclosure of data within this portal is imposed on the user in this Agreement and any obligations to provide notice under this Agreement shall survive the expiration or termination, as the case may be, of this Agreement and those obligations will last indefinitely.
  4. Users may disclose information within this portal to employees, officials, agents, representatives and advisors that directly support planning, service delivery, emergency management duties for the user’s municipality, county or state, provided that:
  1. the user has informed such personnel that this data is not for public consumption and shall be used only in official functions described above;
  2. the user has informed such personnel that the data is a non-regulatory product;  
  3. such personnel agree to be legally bound to the same burdens of these terms of service;
  4. the user agrees to take all necessary steps to ensure that the terms of this Agreement are not violated by such personnel; and  
  5. the Recipient agrees to be responsible for any breach of this Agreement by such personnel;
Section J. Limitations

The data provided herein are distributed subject to the following conditions and restrictions.

1. Disclaimer

For all data contained herein, NJDEP makes no representations of any kind, including, but not limited to, the warranties of merchantability or fitness for a particular use, nor are any such warranties to be implied with respect to the digital data layers furnished hereunder. NJDEP assumes no responsibility to maintain them in any manner or form.

The information contained in this site is the best available according to the procedures and standards of each of the contributing programs. The Department's programs are regularly maintaining the information in their databases, in order to maintain the quality and timeliness of the data. However, unintentional inaccuracies may occur. The Department has made every effort to present the information in a clear and understandable way for a variety of users. However, we cannot be responsible for the misuse or misinterpretation of the information presented by this system. Therefore, under no circumstances shall the State of New Jersey be liable for any actions taken or omissions made from reliance on any information contained herein from whatever source nor shall the State be liable for any other consequences from any such reliance.

2. Terms of Agreement

Digital data received from the NJDEP are to be used solely for internal purposes in the conduct of daily affairs.

The data are provided, as is, without warranty of any kind and the user is responsible for understanding the accuracy limitations of all digital data layers provided herein, as documented in the accompanying explanatory text and metadata files. Any reproduction or manipulation of the above data must ensure that the coordinate reference system remains intact.

Digital data received from the NJDEP may not be reproduced or redistributed for use by anyone without first obtaining written permission from the NJDEP. This clause is not intended to restrict distribution of printed mapped information produced from the digital data.

Any maps, publications, reports, or other documents produced as a result of this project that utilize NJDEP digital data will credit the NJDEP Geographic Information System (GIS) as the source of the data with the following credit/disclaimer:

This (map/publication/report) was developed using New Jersey Department of Environmental Protection Geographic Information System digital data, but this secondary product has not been verified by NJDEP and is not state-authorized

Users shall require any independent contractor, hired to undertake work that will utilize digital data obtained from the NJDEP, to agree not to use, reproduce, or redistribute NJDEP GIS data for any purpose other than the specified contractual work. All copies of NJDEP GIS data utilized by an independent contractor will be required to be returned to the original user at the close of such contractual work. Users hereby agree to abide by the use and reproduction conditions specified above and agree to hold any independent contractor to the same terms. By using data provided herein, the user acknowledges that terms and conditions have been read and that the user is bound by these criteria.

The data generated by NJcoast’s Storm Hazard Projection Tool is a non-regulatory product to support planning and preparedness only. The tool’s outputs should not (i) replace rigorous professional analyses and studies or (ii) override any advisories or directives issued from state, municipal or federal authorities. Other geospatial datasets herein are intended to provide reasonable representations of boundaries (parcel, municipal, etc.) primarily for planning purposes and cartographic presentation from existing data sources.

NJcoast makes available third party data (including metadata and map annotations) generated by local, state and federal agencies, companies, consultants, research groups, registered NJcoast and other parties. NJcoast shall store all data generated and uploaded by users, including simulations from the Storm Hazard Projection Tool. All other third party data made available by the platform is maintained by the original provider and may become unavailable at any time. The Department of Community Affairs appointed account administrator has the authority to delete any data generated or uploaded by a user without notice if it is deemed that the data provides no value, is inaccurate, harmful or offensive or potentially misleading for other users.

The State of New Jersey, its officers, employees or agents shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of data and metadata, including but not limited to, damages or losses caused by reliance upon the accuracy or timeliness of any such data and metadata, or damages incurred from the viewing, distributing, or copying of those materials. The data and metadata are provided "as is." No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the data and metadata, or its hyperlinks to other Internet resources. The State disclaims any duty or obligation either to maintain availability of or to update the data and metadata.

Section K. Approval Process

All users must request an account through the NJcoast website. Account requests for a given municipality will be approved by a two step process: initiating with approval at the local level by the designated municipal approver, followed by a second level of approval by the Department of Community Affairs appointed account administrator. Accounts are activated only if both levels of approval are secured. Accounts or role assignments may be terminated at any time by the Department of Community Affairs appointed account administrator at his or her discretion or at the request of the designated municipal approver. Account requests for access at the state-level shall be approved solely by the Department of Community Affairs appointed account administrator, who maintains sole right to termination or role reassignment of such state-level accounts.

Section L. Provision of the Services by NJcoast
  1. NJcoast  may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to other users at the sole discretion of the NJcoast Principal Investigators , without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform NJcoast when you stop using the Services.
  2. You acknowledge and agree that if NJcoast disables access to your account due to improper usage or violation of any of these terms, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
  3. You acknowledge and agree that while NJcoast may not currently have set a fixed upper limit on the number of simulations or uploads/downloads or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by NJcoast at any time, at our discretion.
Section M. Content and Services

You agree that you are solely responsible for (and that NJcoast and its members have no responsibility to you or to any third party for) any Content submitted or any analyses, designs or products that you produce using the Services and for the consequences of your actions (including any loss or damage which NJcoast or third parties may suffer) by doing so. The Services provided by NJcoast are for informative purposes only and shall not replace sound engineering analysis or judgment. As such, NJcoast and its members are in no way liable for any analyses, designs or products that result from the use of its services.

Section N. Ending Your Relationship with NJcoast

13.1 The Terms will continue to apply until terminated by either you or NJcoast as set out below.

13.2 If you want to terminate your legal agreement with NJcoast, you may do so by notifying NJcoast at any time by email njcoast@dca.nj.gov  or by mail to the address set out at the beginning of these Terms.

13.3 NJcoast may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) NJcoast is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

 13.4 Nothing in this Section shall affect NJcoast's rights regarding provision of Services under Section 4 of the Terms.

13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and NJcoast have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

Section O. EXCLUSION OF WARRANTIES

1. NOTHING IN THESE TERMS, INCLUDING SECTIONS O AND P, SHALL EXCLUDE OR LIMIT NJCOAST’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

3. IN PARTICULAR, NJCOAST, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NJCOAST OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

6. NJCOAST FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Section P. LIMITATION OF LIABILITY

1. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NJCOAST DEVELOPMENT TEAM, THE STATE OF NEW JERSEY, ITS COUNTIES AND MUNICIPALITIES OR OTHER INSTRUMENTALITIES OF THE STATE SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED OR CAUSED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY SERVICES;

(II) ANY CHANGES WHICH NJCOAST MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE NJCOAST WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

2. THE LIMITATIONS ON VORTEX-WIND’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT NJCOAST HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Section Q. Copyright Policies

It is NJcoast's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.

Section R. Other Content

1. The Services and Content posted by collaboratory members may include hyperlinks to other web sites or content or resources. NJcoast has no control over any websites or resources which are provided by companies or persons other than NJcoast.

2. You acknowledge and agree that NJcoast is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

3. You acknowledge and agree that NJcoast is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

Section S. Changes to the Terms

1. NJcoast may make changes to the Universal Terms from time to time. When these changes are made, NJcoast will archive past versions of Universal Terms on the site <hyperlink>.

2. You understand and agree that if you use the Services after the date on which the Universal Terms have changed, NJcoast will treat your use as acceptance of the updated Universal Terms.

Section T. General Legal Terms

1. The Terms constitute the whole legal agreement between you and NJcoast and govern your use of the Services (but excluding any services which NJcoast may provide to you under a separate written agreement), and completely replace any prior agreements between you and NJcoast in relation to the Services.

2. You agree that NJcoast may provide you with notices, including those regarding changes to the Terms, by email or postings on the njcoast.us.

3. You agree that if NJcoast does not exercise or enforce any legal right or remedy which is contained in the Terms (or which NJcoast has the benefit of under any applicable law), this will not be taken to be a formal waiver of NJcoast's rights and that those rights or remedies will still be available to NJcoast.

4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

5. You acknowledge and agree that each member of NJcoast shall be third party beneficiaries to the Terms and that these persons shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

6. The Terms, and your relationship with NJcoast under the Terms, shall be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions. You and NJcoast agree to submit to the exclusive jurisdiction of the courts located within the county of St. Joseph, Indiana to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that NJcoast shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.