Terms & Conditions of Use

This Terms of Use Agreement is effective as of 12.18.2023 

Introduction

Welcome to our website, highway2well.net (the “Site.”)  This Terms of Use Agreement (the “Agreement”) is entered into between you and Highway 2 Well, LLC (the “Company”) and defines the terms and conditions applicable to your use of and purchase of products and/or services from the Site. The terms “we, “us,” and “our” refer to the Company. The terms “user,” “customer,” “you,” and “your” refer to visitors and users of the Site.

Agreement

This Site is maintained as a service to our customers. By using this Site, you agree that you have read, understood, and agree to be bound by the following terms and conditions of use. You further agree that you are at least 18 years old or of legal age in your applicable jurisdiction and can enter into a legally binding contract with the Company. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site. Please also note this Agreement may be modified at any time by the Company, with or without notice. Any such modifications shall be effective immediately. Your continued use of any part of this Site or any service constitutes your acceptance of such changes to this Agreement. You can view the most recent version of these terms at any time here.

Privacy Policy

We care about data privacy and security when you visit our Site. Please review our Privacy Policy at Privacy Policy. By using our Site, you agree to be bound by this Privacy Policy, which is incorporated by reference into this Agreement. Please be advised our Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then you are transferring your data to the United States through your continued use of the Site, and you agree to have your data transferred to and processed in the United States.

User Representations

By using the Site, you represent and warrant that:  (i) you have the legal capacity to do so and you agree to comply with this Agreement; (ii) you agree not to copy materials on the site, reverse engineer, or break into the site, or use materials, products or services in violation of any law; (iii) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (iv) you will not use the Site for any illegal or unauthorized purpose; and (v) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Ownership

All content included on the Site is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary laws. The Site and the Company own and retain all proprietary rights to the Site, its trademarks, and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit, modify, create derivative works of, republish, transmit, sell, exploit, or distribute the proprietary information of the Site and the Company. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. By posting information to the Site and the Company, you represent that you have the right to grant permission for use by the Site and the Company.

Trademarks

HIGHWAY 2 WELL is a trademark owned by Company. Other product and company names mentioned on this Site may be trademarks of their respective owners. 

Hyperlinking

This Site may be hyperlinked to and by other websites that are not maintained by or related to the Company. Hyperlinks to such other sites are provided as a service to you and are not sponsored by, endorsed, or otherwise affiliated with this Site or Company. Company has not reviewed every page of these other sites and is not responsible for the content of any linking sites. Any links made directly from Site to another web page should be accessed at your own risk. Company makes no representations or warranties about the content, completeness, quality, or accuracy of any other such website, and as such, shall not be liable in connection with any loss, damage, cost, or injury associated with any access thereto via this Site.

Social Media Services

You may be able to log into the Site through various online third-party services. Any information you provide to such third-party services that is provided to us will be used, stored, and disclosed by us pursuant to our Privacy Policy. The manner in which your information is used, stored, and disclosed by these third-party services is governed solely by those third parties. Company has no liability or responsibility for the actions of such third parties. 

Online Orders

When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. Company reserves the right to accept or reject any order in its own discretion. Company will only accept or reject an order in its entirety. Should Company elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding the foregoing, Company reserves the right to cancel any order once accepted (as evidenced by a confirming email) at any time in Company’s sole discretion. Additionally, you have the option of canceling your order (in its entirety only) at any time prior to Company having sent you the confirming email referenced herein.

Payment Terms

All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by Company in its sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges if applicable. Payment may only be made with a valid credit or debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

Your purchase is nonrefundable, but may be transferred to another service. All fees shall be deemed to have been earned upon payment.

Use of Communication Services

The Site may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:

  • (i) you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

  • (ii) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;

  • (iii) is vulgar, obscene, pornographic, incendiary, or indecent;

  • (iv) threatens or abuses others;

  • (v) is libelous or defamatory towards others;

  • (vi) is racist, abusive, harassing, threatening or offensive;

  • (vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;

  • (viii) harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;

  • (ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;

  • (x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);

  • (xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;

  • (xii)  solicits funds, advertisers, or sponsors for any purpose;

  • (xiii) includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications device;

  • (xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way that affects the ability of other people to engage in real time activities via this Site;

  • (xv) amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;

  • (xvi) disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site; or

  • (xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.

You acknowledge that the Site may or may not pre-screen materials uploaded to the Communication Service, yet the Site and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Site in its sole discretion.

The Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Site will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.

WHILE THE SITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND THE SITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE SITE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SITE IMMEDIATELY, WITHOUT PRIOR NOTICE, AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.

Personally Identifiable Information

Company cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, Company agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy at Privacy Policy, as well as in conformance with all applicable laws, rules, and regulations.

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Right to Terminate Access

Company reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Intended Audience

This Site is intended for adults only. This Site is not intended for any children under the age of 18.

Non-Reliance

Opinions, advice, statements, or other comments on this Site should not necessarily be relied upon and should not be construed as professional advice from Site or Company. Site and Company do not guarantee the accuracy or completeness of the information provided and are not responsible for any loss resulting from your reliance on such information.

Responsibility for Use of Site

You understand and agree that you are solely responsible for your actions and decisions to meet other people who you connect with online or in person by virtue of the services provided on the Site. You understand that the Site and the Company do not perform psychological testing or background checks on the individuals who may use the Site. You understand and agree that you must take all reasonable precautions before meeting others through the Site, which includes, but is not limited to: exchanging email first before giving out any personal information and meeting in a public place.

Indemnification

You agree to indemnify, defend and hold harmless Company and our partners, employees, affiliates, agents, licensors, and service providers from and against any and all third-party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorney's fees, related to your use of the Site and/or your violation of this Agreement.

Disclaimer

Please review our full disclaimer at Disclaimer. By using our Site, you agree to be bound by this disclaimer, which is incorporated by reference into this Agreement.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND IS FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE MEDICAL ADVICE. VIEWING THIS WEBSITE DOES NOT FORM ANY LEGAL, MEDICAL, OR OTHER RELATIONSHIP BETWEEN YOU AND HIGHWAY 2 WELL. ALTHOUGH THIS SITE PROVIDES INFORMATION RELATED TO HEALTH, WELLNESS, AND MEDICAL ISSUES, THE CONTENT AND INFORMATION PROVIDED IS NOT INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER.  YOUR USE OF THE SITE DOES NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP OR OTHER TREATMENT RELATIONSHIP BETWEEN YOU AND HIGHWAY 2 WELL OR ANY OF ITS REPRESENTATIVES (INCLUDING, BUT NOT LIMITED TO, TARA ROSCIOLI). COMPANY ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON INFORMATION OR MATERIAL PROVIDED ON THIS SITE. RELIANCE ON ANY INFORMATION PROVIDED BY THIS SITE AND ITS PROVIDERS IS SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. ALL INFORMATION ON THE SITE IS PROVIDED IN GOOD FAITH, HOWEVER WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY, OR COMPLETENESS OF ANY INFORMATION ON THE SITE. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE IS TO DISCONTINUE USING THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO DISCONTINUE USING THE SITE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Copyrights and Copyright Agent

If you believe your work has been copied by Company in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated on this Site, please provide a notice, as set forth in the Digital Millennium Copyright Act of 1998, containing all of the following information to Tara Roscioli at 604 Longview Road, South Orange, NJ 07079 or tara.roscioli@highway2well.net (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) A description of the copyrighted work that you claim has been infringed; (iii) A description of where the allegedly infringing material is located on the Site; (iv) Your address, telephone number, and e-mail address; (v) A statement by you that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.  

Right to Monitor

The Site and Company reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Site.

Feedback, Comments, and Testimonials

With your prior permission, you agree that the Company has the right to use your feedback, whether in the form of emails, submissions, surveys, comments, discussions on the Services, or otherwise, for the purposes of marketing or promoting the Company’s services. 

Use of Information

Company reserves the right, and you authorize us, to use and assign all information regarding your use of the Site and all information provided by you to the Site in any manner consistent with our Privacy Policy. 

No Warranties

The Site and the Company provide the Site on an “as is” basis and do not make any warranty, express, implied, limited or other, with respect to the services provided. The Site and Company do not warrant that the service will always be available, uninterrupted, error-free, meet your requirements, or that any defects in the services will be corrected.

Jurisdiction and Applicable Law

You agree that the laws of the state of New Jersey, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and Company.

Dispute Resolution

If the Parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Essex County, New Jersey. This binding arbitration will be the sole remedy in the event of a dispute between you and Company. The parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.

Severability

If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Entire Agreement

This Terms of Use constitutes the entire agreement between you and Company, governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. Company may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of the Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

Waiver

Company’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.

Termination

Company may terminate this Agreement at any time, with or without notice, for any reason. 

Relationship of the Parties

Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Violations

Please report any and all violations of this Agreement to the Company as follows:

Tara Roscioli

tara.roscioli@highway2well.net 

604 Longview Road, South Orange, NJ 07079