The Company may revise these Terms and Conditions at any time by updating this posting. Please check back frequently to review the Terms and Conditions as it is your sole responsibility to be aware of changes. We do not provide notices of changes in any manner other than by posting the changes at this Website.
The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Website for any reason. You hereby warrant and represent that you are at least eighteen (18) years of age and have the legal capacity to enter into agreements of this nature. The Company makes no representation or warranty that the content published on this site complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality. You further represent and warrant that you understand the nature of the content published on this site and that you voluntarily and knowingly choose to view such material. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT use this Service or this Website.
This is a legal agreement which describes the terms and conditions applicable to your use of the Website and the products and services provided through or in connection with the Website (collectively "Service"), which may be updated by the Company from time to time without notice to you.
1. Use of Material.The contents of the Websites, such as text, graphics, images, logos, button icons, software and other content (the "Material"), are protected by applicable intellectual property and other laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Websites is the exclusive property of the Company and are copyrights, trademarks, service marks, patents or other proprietary rights of the Company or their respective intellectual property owners. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the original Material on any copy (permitted or not permitted) you make of any of the Material. Except as expressly authorized by the Company, You agree not to modify, copy, reproduce, sell, display, distribute, or create derivative works based on or contained within the Service or the Company's Material, in whole or in part. The use of the Material on any other Website or in a networked computer environment for any purpose is prohibited.
The Company grants you a personal, non-transferable and non-exclusive right and license to use the Material on a single computer; provided that you do not copy, modify, create a derivative work of, reserve engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Material. You agree not to modify the Material in any manner or form, or to use modified versions of the Material, including, without limitation, for the purpose of obtaining unauthorized access to the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
The Company reserves the right to terminate the accounts of Users who violate this Agreement.
The Company and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of trademarked or copyrighted works constitutes infringement of the owner's rights. As a condition to your use of the Websites, you agree not to use the Websites to infringe the intellectual property rights of others in any way. The Company will assist the respective owners of the various intellectual properties in order that they may protect their rights to the fullest extent of both domestic and international law. We reserve the right to take these actions at any time, in our sole discretion, with or without notice and without any liability to any User.
2. Acceptable Site Use.The Websites may be used only for lawful purposes by individuals seeking to find out more information or purchase the various products offered on the Websites.
3. Prohibited Uses of the Websites.Users may not use or reference the Company's Websites in order to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful.
Users are prohibited from:
The Company reserves the right to terminate the accounts of Users found to be engaging in any of these prohibited uses. Violations of this Agreement may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
4. User Information.When you contact the Company, you may be asked to provide the Company with certain personal information including, without limitation, a valid email address ("Personal Information"). Please review the Privacy Policies found on the Websites to understand how the Company uses your Personal Information.
5. DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIAL, SERVICE, AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT AND WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE
THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
6. DISCLAIMER OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE COMPANY'S SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD/ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
THE COMPANY DOES NOT RENDER LEGAL OR FINANCIAL ADVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, LOSS OR RISK INCURRED DIRECTLY OR INDIRECTLY BY THE USE OF THE WEBSITES, MATERIAL, AND SERVICE. IF YOU NEED LEGAL OR FINANCIAL ADVICE, PLEASE CONTACT QUALIFIED PROFESSIONALS IN YOUR AREA.
THE COMPANY IS NOT INVOLVED WITH ANY DECISION-MAKING OR OFFERS MADE FROM COMPANIES OTHER THAN ITS OWN. THE COMPANY DOES NOT GUARANTEE THAT YOUR USE OF THE WEBSITES WILL RESULT IN EMPLOYMENT.
7. EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Links to Other Sites.The Websites may contain links to third-party websites. The Company provides these links as a convenience only and does not endorse any of these sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Websites. If you decide to access linked third-party Websites, you do so at your own risk.
9. No Resale or Unauthorized Commercial Use.You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to the Websites, Service or Material.
10. Termination.The Company reserves the right, at its sole discretion, to pursue all of its legal remedies upon any breach by a User of this Agreement or if the Company is unable to verify or authenticate any information a User submits to the Websites.
11. Indemnity.You agree to indemnify and hold the Company, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service or Material, the violation of the Agreement by you, or the infringement by you, or any other user of the Service or Material using your computer, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. Reserved Right of Refusal.The Company, in its sole discretion, reserves the right to refuse fulfillment of your order, or refuse you any involvement with the Service or Material, or to delete your assigned User name and password if you breach any of the terms of this Agreement.
13. Modifications to Terms and Conditions.The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or Material (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Material.
14. Email Policy.If you receive an email from the Company, its affiliates, advertisers, service providers, or other third parties, your email address was obtained as a result of either your express and voluntarily request to receive information from the Company, its affiliates, advertisers service providers, or other third parties or your existing relationship with the Company, its affiliates, advertisers, service providers, or other third parties. Each email sent contains an automated method to "opt out" of receiving additional emails from the Company or its affiliates. If you no longer wish to receive emails from the Company or its affiliates, please follow the instructions at the end of any email. If you remove your information from the Company's database, it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you.
15. Detailed Wireless Policy.Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider's name, and the date, time, and content of your messages. In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an "AS IS" basis. You may opt-out and remove your SMS information by sending "STOP", "END", or "QUIT" to the SMS text message you have received. If you remove your SMS information from our database, it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you.
16. Entire Agreement.These Terms and Conditions constitute the entire agreement between you and the Company and govern your use of the Services and Materials, superseding any prior version of this Terms and Conditions between you and the Company. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, affiliate services, third-party content or third-party software.
17. Choice of Law and Forum.This Agreement and the relationship between the parties will be exclusively governed by and interpreted in accordance with the laws of the State of Florida, without regard to the conflicts of laws principles thereof. The parties agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you and the Company shall be brought exclusively in the courts located in Orange county Florida or the U.S. District Court for the Middle District of Florida. You agree to submit to the personal jurisdiction of the courts located within Orange county Florida or the Middle District of Florida, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT THE COMPANY'S PLACE OF BUSINESS IN ORLANDO, FLORIDA AND ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN ORANGE COUNTY FLORIDA.