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Website Terms of Use
1. Acceptance of Terms of
Use and Amendments
Each time you use or cause access to this web
site, you agree to be bound by these Terms of
Use, and as amended from time to time with or
without notice to you. In addition, if you are
using a particular service on or through this
web site, you will be subject to any rules or
guidelines applicable to those services and they
shall be incorporated by reference into these
Terms of Use. Please see our Privacy Policy,
which is incorporated into these Terms of Use by
reference.
2. Our Service
Our web site and services provided to you on and
through our web site on an “AS IS” basis. You
agree that the owners of this web site
exclusively reserve the right and may, at any
time and without notice and any liability to
you, modify or discontinue this web site and its
services or delete the data you provide, whether
temporarily or permanently. We shall have no
responsibility or liability for the timeliness,
deletion, failure to store, inaccuracy, or
improper delivery of any data or information.
***NO COVERAGES CAN BE BOUND OR CHANGES MADE TO
YOUR POLICY, NEW OR EXISTING, WITHOUT RECEIVING
A WRITTEN BINDER FROM OUR OFFICE. SUBMISSION OF
FORMS FROM THIS SITE DO NOT CONSTITUTE A BINDING
COVERAGE AGREEMENT***
3. Your Responsibilities and Registration
Obligations
In order to use this web site, you must register
on our site, agree to provide truthful
information when requested, and be at least the
age of eighteen (18) or older. When registering,
you explicitly agree to our Terms of Use and as
may be modified by us from time to time and
available here.
4. Privacy Policy
Registration data and other personally
identifiable information that we may collect is
subject to the terms of our Privacy Policy.
5. Your Conduct
You agree that all information or data of any
kind, whether text, software, code, music or
sound, photographs or graphics, video or other
materials (“Content”), publicly or privately
provided, shall be the sole responsibility of
the person providing the Content or the person
whose user account is used. You agree that our
web site may expose you to Content that may be
objectionable or offensive. We shall not be
responsible to you in any way for the Content
that appears on this web site nor for any error
or omission. You explicitly agree, in using this
web site or any service provided, that you shall
not:
(a) provide any Content or perform any conduct
that may be unlawful, illegal, threatening,
harmful, abusive, harassing, stalking, tortious,
defamatory, libelous, vulgar, obscene,
offensive, objectionable, pornographic, designed
to or does interfere or interrupt this web site
or any service provided, infected with a virus
or other destructive or deleterious programming
routine, give rise to civil or criminal
liability, or which may violate an applicable
local, national or international law;
(b) impersonate or misrepresent your association
with any person or entity, or forge or otherwise
seek to conceal or misrepresent the origin of
any Content provided by you;
(c) collect or harvest any data about other
users;
(d) provide or use this web site and any Content
or service in any commercial manner or in any
manner that would involve junk mail, spam, chain
letters, pyramid schemes, or any other form of
unauthorized advertising without our prior
written consent;
(e) provide any Content that may give rise to
our civil or criminal liability or which may
constitute or be considered a violation of any
local, national or international law, including
but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
7. Submission of Content on this Web Site
By providing any Content to our web site:
(a) you agree to grant to us a worldwide,
royalty-free, perpetual, non-exclusive right and
license (including any moral rights or other
necessary rights) to use, display, reproduce,
modify, adapt, publish, distribute, perform,
promote, archive, translate, and to create
derivative works and compilations, in whole or
in part. Such license will apply with respect to
any form, media, technology known or later
developed;
(b) you warrant and represent that you have all
legal, moral, and other rights that may be
necessary to grant us with the license set forth
in this Section 7;
(c) you acknowledge and agree that we shall have
the right (but not obligation), in our sole
discretion, to refuse to publish or to remove or
block access to any Content you provide at any
time and for any reason, with or without notice.
8. Third Party Services
Goods and services of third parties may be
advertised and/or made available on or through
this web site. Representations made regarding
products and services provided by third parties
are governed by the policies and representations
made by these third parties. We shall not be
liable for or responsible in any manner for any
of your dealings or interaction with third
parties.
9. Indemnification
You agree to indemnify and hold us harmless, our
subsidiaries, affiliates, related parties,
officers, directors, employees, agents,
independent contractors, advertisers, partners,
and co-branders from any claim or demand,
including reasonable attorney’s fees, that may
be made by any third party, that is due to or
arising out of your conduct or connection with
this web site or service, your provision of
Content, your violation of this Terms of Use or
any other violation of the rights of another
person or party.
10. Disclaimer of warranties
Your understand and agree that your use of this
web site and any services or content provided
(the “service”) is made available and provided
to you at your own risk. It is provided to you
“as is” and we expressly disclaim all warranties
of any kind, implied or express, including but
not limited to the warranties of
merchantability, fitness for a particular
purpose, and non-infringement.
WE MAKE NO WARRANTY, IMPLIED
OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR
THAT ANY CONTENT IS SAFE IN ANY MANNER FOR
DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER
US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES
PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF
SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY
AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF
ANY KIND.
Some jurisdictions may not
allow disclaimers of implied warranties and the
above disclaimer may not apply to you only as it
relates to implied warranties.
11. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
OR ARISING OUT OF (I) THE USE OF OR THE
INABILITY TO USE THE SERVICE, (II) THE COST TO
OBTAIN SUBSTITUTE GOODS AND/OR SERVICES
RESULTING FROM ANY TRANSACTION ENTERED INTO ON
THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO
THE SERVICE.
In some jurisdictions, it is
not permitted to limit liability and therefore
such limitations may not apply to you.
12. Reservation of Rights
We reserve all of our rights, including but not
limited to any and all copyrights, trademarks,
patents, trade secrets, and any other
proprietary right that we may have in our web
site, its content, and the goods and services
that may be provided. The use of our rights and
property requires our prior written consent. We
are not providing you with any implied or
express licenses or rights by making services
available to you and you will have no rights to
make any commercial uses of our web site or
service without our prior written consent.
13. Notification of
Copyright Infringement.
If you believe that your property has been used
in any way that would be considered copyright
infringement or a violation of your intellectual
property rights, our copyright agent may be
contacted at the following address:
181 Crawford Boulevard
Boca
Raton, Florida 33432
Toll Free: (800) 332-9044
Phone: (561) 392-8888
Fax: (561)
750-9134
14. Applicable Law
You agree that this Terms of Use and any dispute
arising out of your use of this web site or our
products or services shall be governed by and
construed in accordance with local laws where
the headquarters of the owner of this web site
is located, without regard to its conflict of
law provisions. By registering or using this web
site and service you consent and submit to the
exclusive jurisdiction and venue of the county
or city where the headquarters of the owner of
this web site is located.
15. Miscellaneous
Information
(i) In the event that this Terms of Use
conflicts with any law under which any provision
may be held invalid by a court with jurisdiction
over the parties, such provision will be
interpreted to reflect the original intentions
of the parties in accordance with applicable
law, and the remainder of this Terms of Use will
remain valid and intact; (ii) The failure of
either party to assert any right under this
Terms of Use shall not be considered a waiver of
any that party’s right and that right will
remain in full force and effect; (iii) You agree
that without regard to any statue or contrary
law that any claim or cause arising out of this
web site or its services must be filed within
one (1) year after such claim or cause arose or
the claim shall be forever barred; (iv) We may
assign our rights and obligations under this
Terms of Use and we shall be relieved of any
further obligation.
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