TERMS OF SERVICE
Your use of the website (the “Site”) offered by the Company is contingent upon your adherence to the following terms of service (“TOS”). The Company reserves the right to update and refine the TOS at any time without prior notice. By accessing or using the Site, you are indicating that you are aware of these TOS and agree to abide by them.
1. USER CONDUCT
As a condition of your use of the Site, you warrant that you will not utilize the Site for any purpose that is unlawful, malicious, discriminatory, or prohibited by these terms, conditions, and notices. By posting any content (including information, advertisements, data, text, blog entries, software, music, sound, photographs, graphics, video, or messages) on or through the Site (the “Content”), you warrant that: (1) you are the owner of such Content, or have been granted all the rights necessary from the Content owner, and (2) that the use of such Content will not infringe the intellectual property rights, or otherwise violate the rights, of any third party. By submitting Content to the Company, you automatically grant the Company (or warrant that the Content owner has granted) a nonexclusive, royalty-free license to use, modify, copy, duplicate, transmit, publicly display, publish, create derivative works of, distribute, or transfer any such Content, for any purpose whatsoever without any compensation to you. If anyone brings a claim against the Company or the Site related to your actions, Content or information on or related to the Site, you will indemnify and hold the Company and Site harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
2. PERSONAL AND NONCOMMERCIAL USE LIMITATION
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any materials, information, software, products or services obtained from this Site without the express written permission of the Company, and/or the rightful owner or licensor of such materials, information, software, products or services.
You agree to abide by all applicable local, state, national, and international laws/regulations and are solely responsible for all the acts or omissions that occur through your use of the Site, including the Content you may post on the Site. You may not use the Site in any manner which could damage, disable, overburden, or impair the Company’s Site (or the network(s) connected to any of the Company’s Site) or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Company’s Site, other accounts, computer systems or networks connected to the Company’s Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Company’s Site. You are responsible for any Content that you post or transmit on or through the Site. By way of example, and not as a limitation, you agree not to:
- Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten, or otherwise violate any of the legal rights of others;
- Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material/information;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
- Interfere with or disrupt networks connected to the Site or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to the Site through password mining or any other means;
- Violate any applicable laws or regulations including, but not limited to, laws regarding the transmission of technical data or software;
- Interfere with another user’s use and enjoyment of the Site or another individual’s or entity’s use and enjoyment of similar services;
- Violate the Company’s own copyrights or take any part of the Site or its written components and manipulate or copy it for your own use.
The Company reserves the right at all times to monitor, review, retain and/or disclose any information on you or your use of the Site as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Site to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. If you violate any of these terms and conditions, your permission to use the Company’s Site automatically terminates.
3. THIRD PARTY CONTENT
Any information, data, text, software, music, sound, photographs, graphics, video, text, blog entries, messages or any other Content posted by third parties on the Site, or linked via the Site, is not necessarily approved or endorsed by the Company or under the control of the Company and the Company is not responsible for the Content accessed from any website or any link contained in a linked site or any link site or any link contained in a linked site, or any changed or updates to such sites. The Company does not imply endorsement of the Content or the content provided by other sites or any association with their operators. You understand and agree that the Company and/or the Site may not always identify paid advertisements, services and communications as such.
4. DISCLAIMERS/LIMITATION OF LIABILITY
By using the Company’s Site or any applications, software, and content contained therein, you agree that use of the Site is entirely at your own risk. The information and services included in or available through the Site may include inaccuracies or errors. Changes are periodically made to the information herein. The Company and/or its respective suppliers may make improvements and/or changes in the Site at any time.
The Company does not represent or warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. The Company does not warrant or represent that the use or the results of the use of the Site or the materials made available as part of the Site will be correct, accurate, timely, or otherwise reliable.
You specifically agree that the Company shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree that the Company is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Company is not responsible for any Content sent using and/or included in the Site by any third party.
The Company may be receiving cash payments, fees, discounts, free goods or services, incentives, inducements, or other consideration from third-parties for advertisements on the Site and/or for links on the Site to affiliate sites or other sites and/or for any other Content posted on the Site and/or for your purchase or use of such advertiser or other third-party’s goods, services or information. Further, the Company may from time to time promote or endorse goods or services of advertisers or other third-parties on the Site, or provide favorable reviews of goods or services on the Site, in return for payment or other consideration as described above. Such advertisements, links or Content is not to be construed by you or any other person as a guarantee or warranty of such goods, information or services of the advertiser or other third party by the Company of any kind, and you hereby agree that Company has no liability or obligation whatsoever with respect to any goods, services or information of such advertisers or other such third-parties. You agree that you purchase or use any such goods, services or information at your own risk and that the Company is not liable for any endorsement, promotion, or favorable review of any goods, services or information of advertisers or other third-parties on the Site. Further, you recognize that third-parties may post Content on the Site that has not been reviewed or approved by the Company (for example, without limitation, submitted articles or blog entries) and that such third-parties’ promotion of their own goods, services or information does not give rise to any liability of the Company whatsoever. You agree that the Company has no obligation to disclose information to you on any advertiser or other third-party other than as set forth herein, and that you have no right to rely on the Company or its endorsements, promotions, opinions or representations related to any goods, services, or information of any advertiser or other third-party.
THE COMPANY MAKES NO REPRESENTATION ABOUT THE CONTENT, ADVERTISEMENTS, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE OR ITS CONTENT FOR ANY PURPOSE. THE COMPANY DOES NOT GUARANTY THE QUALITY OF THE SITE OR ITS CONTENT OR THE PERFORMANCE OF THE SITE. THE SITE AND THE CONTENT IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND HAS NO WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR RELATED WEB SITES OR ADVERTISERS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS, SERVICES, ADVERTISEMENTS, LINKS, AND RELATED GRAPHICS OBTAINED ON OR THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
5. TERMINATION
The Company may terminate your access to any part or all of the Site at any time, with or without cause, with or without notice, to be effective immediately, for any reason whatsoever. This TOS will continue to apply to all past use of the Site by you, even if you are no longer using it.
6. NO SPAM; DAMAGES
The Company will immediately terminate any account which it believes, through its own discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. In addition, in cases where actual damages cannot be reasonably calculated since they are often difficult to quantify, you agree to pay the Company liquidated damages of $10 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account; otherwise you agree to pay the Company’s actual damages, to the extent such actual damages can be reasonably calculated.
7. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that Content including, but not limited to, text, software, music, sound, blog entries, photographs, video, graphics, or other material contained on the Site (including but not limited to advertisements or electronically distributed, commercially produced information presented to you by the Site by the Company, or by third parties) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way Content available on or through the Site and any associated web sites, including code and software.
8. MODIFICATIONS TO TERMS OF SERVICE
The Company reserves the right to change the Agreement or policies regarding the use of the Site at any time. You agree that notification will consist of posting an updated version of the TOS on the Company’s web site. You are responsible for regularly reviewing the TOS. Continued use of the Site after any such changes shall constitute your consent to such changes.
9. GENERAL
This agreement is governed by the laws of the State of Florida, without giving effect to its conflicts of laws provisions. Both parties submit to the personal jurisdiction of the courts in the State of Florida and further agree that any cause of action relating to this Agreement shall be brought in Tampa, Hillsborough County, Florida.
You and the Company agree that any cause of action arising out of or related to this Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this TOS or use of the Site. The Company’s performance of this TOS is subject to existing laws and legal process, and nothing contained in this TOS is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect. You agree that the Company may communicate with you via email, any similar technology, or regular mail for the purposes relating to the Site and your use. Unless otherwise specified herein, this TOS constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance. The ENGLISH version of this Agreement controls.
This Agreement was last updated on December 20, 2011.
