Acceptance of Terms

As used herein, “Site” refers to antennagroup.com and other sites on the world-wide web which are owned and or operated by The Beckerman Group LLC or its affiliated entities (collectively “Beckerman”).

These Terms and Conditions, together with other terms, conditions or policies set forth elsewhere in the Site, constitute the entire agreement between you and Beckerman in connection with your access and use of the Site (“Agreement”).

By using this Site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between Beckerman and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the content provided by or through the Site, and the subject matter of this Agreement.

EDITING, DELETING and MODIFICATION

Beckerman may edit, delete or modify any of the terms and conditions contained in this Agreement, or impose new terms and conditions, at any time and in our sole and absolute discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED VISIT IN OUR WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

ACCURACY, COMPLETENESS and TIMELINESS OF INFORMATION

Beckerman is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information which is definitely not current and is provided for reference only. Beckerman reserves the right to modify the contents of this Site at any time without obligation on its end to update any information on the Site. You understand and agree that it is your responsibility to monitor changes to the Site.

LICENSE AND SITE ACCESS

All materials published on the Site are individually protected by copyrights which are owned and controlled by Beckerman or the party credited as the provider of the material. Beckerman grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent from Antenna. This Site or any portion of this Site may not be reproduced, republished, duplicated, copied, uploaded, posted, transmitted, distributed, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Beckerman.

The right to access this Site does not grant you any ownership rights in copyrighted materials and does not include any resale or commercial use of this Site or its contents nor allows you to download or copy any account information.
Beckerman, may at its sole discretion terminate or suspend your access to all or part of the Site for any reason, including, without limitation, failure to comply with any of these Terms and Conditions.

Any unauthorized use shall terminate the permission or license granted by Beckerman.

LINKS & FRAMINGS

You shall not use Beckerman’s logo or other proprietary graphic to link to this Site without the express written permission of Beckerman. Further, you may not frame any trademark, logo or other proprietary information, including images or content, without Beckerman’s express written consent.

Beckerman makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Beckerman and Beckerman shall not be responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. You hereby acknowledge and agree that Beckerman is not responsible for the availability of such external websites or resources, its content, including, without limitation, any link contained in such content, or any changes or updates to such content. If you decide to access links to third-party websites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BECKERMAN RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. BECKERMAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BECKERMAN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. BECKERMAN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

NO LIABILITY

To the fullest extent permitted by law, Beckerman, its affiliated entities, their respective officers, directors, owners, employees, agents, contractors, licensors, licensees and information providers (collectively, the “Indemnified Parties”) shall in no event be liable for any claims, charges, demands, damages, liabilities, losses or expenses of any whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site or any website with which it is linked. You assume total responsibility for establishing such procedures for data back-up and virus checking as you consider necessary, or for your reliance on any material or content posted on the Site.

You hereby agree to indemnify, defend and hold harmless the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and however rising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms and Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere on the Site. You shall cooperate as fully as reasonably required in the defense of any claim.

CORPORATE INTELLECTUAL PROPERTY RIGHTS

All materials published on this Site (including but not limited to content, photographs, images, illustrations, audio clips and video clips) are individually protected by copyrights which are owned and controlled by Beckerman or the party credited as the provider of the material. You will not acquire any right, title, or interest in or to the Site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of Beckerman’s services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related thereto.

CONFIDENTIALITY

You agree not to disclose information you obtain from Beckerman and or from our clients or business partners. All information submitted by you is proprietary information of Beckerman.

NON-ASSIGNMENT OF RIGHTS

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to Beckerman. However, Beckerman may assign this Agreement to any person or entity at any time without notice.

NON-WAIVER

Failure of Beckerman to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that Beckerman may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by Beckerman of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

SEVERABILITY OF TERMS

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the substantive laws of New Jersey, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between Beckerman and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

GOVERNING LAW

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New Jersey, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. You agree that any action arising out of or relating to these terms shall be filed only in the state or federal courts located in Hackensack, New Jersey and you hereby consent and submit to the personal jurisdiction of such courts.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) – INFRINGEMENT NOTIFICATION

Beckerman has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If Beckerman removes material to comply with the DMCA, we will attempt to contact the provider of any submitted content so removed in order to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. Beckerman makes efforts to document all notices of alleged infringement that it responds to. A copy of the notice will be sent to a third party who will make it available to the public. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyrights.

To file a notice of infringement, you must provide us with a written notice that includes each of the following items:

Detailed identification of the copyrighted work that you believe has been infringed;
Detailed identification of the material that you claim infringes such copyrighted work;
Information that is reasonably sufficient to permit Beckerman to contact you (e-mail address is preferred);
The statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”; and
Your signature.
Send the Infringement Notification to the following address:

By e-mail: Hkanner@beckermanpr.com

By mail:

Harry Kanner, Chief Financial Officer and General Counsel, The Beckerman Group LLC, One University Plaza, Suite 507, Hackensack, NJ 07601 Tel. (201) 465-8000.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) – COUNTER NOTIFICATION

The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act (DMCA). When we receive a counter notification, we will reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others.

To file a counter notification, you must provide us with a written notice that includes each of the following items:

Detailed identification of the material that Beckerman has removed;
Your name, address, telephone number and e-mail address;
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Hackensack, New Jersey if your address is outside the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person;
The statement: “I swear, under penalty of perjury, that I have a good faith belief that each such result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; and
Your signature.
Send the Counter Notification to the following address:

By e-mail: Hkanner@beckermanpr.com

By mail:

Harry Kanner, Chief Financial Officer and General Counsel, The Beckerman Group LLC, One University Plaza, Suite 507, Hackensack, NJ 07601 Tel. (201) 465-8000.