Disclaimers and Limitation of Liability
You expressly agree that use of our website is at your sole risk. We do not warrant that our website will be uninterrupted or error free, nor do we make any warranty as to the results that may be obtained from the use of our website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through our website.
THIS WEBSITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance will we, or any other party involved in creating, producing, or distributing our website, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our website including, but not limited to, reliance by you on any information obtained from our website or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to our website?s records, programs or services. You hereby acknowledge that this paragraph shall apply to all Content (as defined below), merchandise, and services available through our website.
You acknowledge that our website contains information, data, software, trademarks, service marks, photographs, graphs, videos, typefaces, graphics, music, sounds, literary works, and other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of Content, in whole or in part. If no specific restrictions are displayed on the Content, you may make copies of select portions of Content, provided that the copies are made only for your personal use and that you maintain any notices contained on Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, 17 U.S.C.A. § 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary rights, without obtaining permission of the owner of the copyright or other proprietary rights.
Distribution/Uploading of Third-Party Content
Except as set forth above, you may upload to or otherwise distribute on our website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain an appropriate copyright notice evidencing the owner?s proprietary rights. The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. We will not be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from your submission. In compliance with the Digital Millennium Copyright Act, you can report an infringement to us via the "Contact Us" link on our website. By submitting Content to any area of our website, including, without limitation any reviews or participation in any chat rooms, you automatically grant, or warrant, that the owner of such Content has expressly granted us the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute such Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user to access, store, or reproduce Content for that user’s personal use. Subject to this grant, the owner of Content placed on our website retains any and all rights which may exist in such Content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, are those of the respective authors or distributors and not our opinions, advice, statements, services, offers or other information. We do not guaranty the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, Content available through our website represents the opinions and judgments of the respective author. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on our website by anyone other than our authorized employees. Under no circumstances will we be liable for any loss, damage or harm caused by your reliance on information obtained through our website. It is your responsibility to evaluate the information, opinion, advice, or other Content available through our website.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act, and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from our website to either a foreign national or a foreign destination in violation of such laws.
You agree to use our website only for lawful purposes. You are prohibited from posting on or transmitting through our website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If we are notified of allegedly infringing, defamatory, damaging, illegal or offensive Content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from our website. We may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation, legal process or government request; (ii) if such disclosure is necessary or appropriate to operate our website; or (iii) to protect rights or property.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion, to be harmful to individuals, our website, the communities that make up our website or any of our rights or rights of any third party, or to violate any applicable law. Notwithstanding the foregoing, we cannot ensure prompt removal of questionable Content after online posting. Accordingly, we assume no liability for any action or inaction with respect to conduct, communication, or Content on our website.
Termination of Usage
We may terminate your access, or suspend your access to all or part of our website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to us, another user, a third party provider or a service provider.
You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms & Conditions.
This website is created and controlled by us in the State of Florida. As such, the laws of the State of Florida will govern these Terms & Conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to this website and these Terms & Conditions at any time. You hereby irrevocably and unconditionally consent to the exclusive jurisdiction of the courts of the State of Florida, for any litigation arising out of or relating to use of or purchase made through our website (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of Florida, and agree not to plead or claim in any court of the State of Florida that such litigation brought therein has been brought in an inconvenient forum.
The provisions of these Terms & Conditions are intended to be severable. If for any reason any provision of these Terms & Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of the remaining provisions hereof in any jurisdiction.
These Terms & Conditions, including all documents referenced herein, represent the entire understanding between you and us regarding your relationship with us and supersedes any prior statements or representations. The aforementioned Terms & Conditions are subject to change at any time without notice to you. YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS BY USING OUR WEBSITE.