TERMS OF US
USER AGREEMENT AND ACCEPTANCE OF TERMS
The Website, including all content, images, text, audio, code, subpages, subdomains, user pages, and any and all other material it may contain or provide, is owned, operated, and provided by Company. By browsing, using, or otherwise accessing the Website or its Services, you explicitly agree to be bound by these Terms and each of the provisions contained herein. If you do not agree to these Terms, then you may not access or use the Website or its Services. Through your use of the Website and/or Services, you affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
MODIFICATION OF TERMS
Company reserves the right to, and may, update and change these Terms from time to time, at any time without prior notice and in Company’s sole discretion. In the even event of any such change or update, Company will post the updated or revised Terms with a “Last Update” date so you are aware when such Terms went into effect. Such updates or revisions shall become effective immediately as of such date, and your continued access and/or use of the Website and/or Services after any such change means you accept and agree to be bound by such change. You acknowledge it is your sole responsibility to review and become familiar with any and all changes.
COMPANY’S CONTENT AND PROPRIETARY RIGHTS
All rights, title, and interest in and to the Website, including all material, text, content, organization, graphics, compilation, look, design, data, files, documents, software, scripts, layout, function, images, interactive features, and other matters related to the Website or Services, now known or hereafter created, (collectively, “Content”) are exclusively owned by Company and its affiliates, or licensed to Company for its use, are protected under applicable copyright, trademark, patent, and other intellectual property and proprietary rights, both at common law and through registration, and are proprietary to Company, its affiliates, or such other third parties. Except as expressly authorized by these Terms, you may not copy, reproduce, distribute, disseminate, republish, license, download, perform, display, post, transmit, exploit, sell, create derivative works, or otherwise use Content in any form, by any means, or for any purpose, without Company’s, or such third party’s, prior written consent in each instance, which may be withheld in Company’s, or such third party’s, sole discretion. All rights not expressly granted herein by Company and/or its licensors are expressly reserved by Company and/or its licensors. Should you violate any of the Terms contained herein, Company shall prosecute you and enforce its rights to the fullest extent permitted by law
The trademarks, logos, service marks and trade names (“Trademarks”) displayed on or through the Website are either common law trademarks or registered trademarks of Company, and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by Company, or in a manner that is likely to cause consumer confusion or that discredits, tarnishes or disparages Company, the Website, or its Services in any way. You acknowledge and agree that nothing contained in these Terms or on the Website, or use or access to Services, shall be construed as granting you, by implication or otherwise, any license or right to use any Trademarks displayed on the Website without Company’s prior written consent. Any misuse of the Trademarks displayed on or through the Website or Services is strictly prohibited.
USE OF WEBSITE, CONTENT, AND SERVICES
You may access and use the Website, including, without limitation, the Content, solely for your own information and personal, non-commercial use, as intended through the provided functionality of the Services and permitted pursuant to these Terms. No part of any material, Content, or data of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. Any modification of the Content, use of the Content on any website or network computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior consent of Company or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Content and is expressly prohibited.
You agree not to use the Website or Services in a manner that is unlawful, prohibited by these Terms, or for any other purpose not reasonably intended or contemplated herein. Your use of the Website or Services in a manner not consistent with these Terms grants Company, in its sole discretion, the right to limit or disable your access to the Website and Services. Without limiting the foregoing, following activities are expressly prohibited:
· Submitting false, misleading, or inaccurate personal information via the Website;
· Abusing, or using for your own benefit (commercial or otherwise) other’s personal information that you may come across as a result of using the Website or Services;
· Distributing software viruses, worms, spyware, adware, bugs, computer codes, or anything else that is designed to, or may, interfere with the proper function of any software, hardware or equipment found or maintained by the Website, or that relates to the Services;
· Placing a disproportionate load on the Website with the purpose of denying use and/or access to other users;
· Taking any action that infringes or violates Company’s or another user’s rights, violates the law, or breaches any legal duty you may have toward Company or another person;
· Reproducing, duplicating, copying, selling, distributing, trading, or exploiting any portion of the Website or Content, use of the Website, access to the Website, or Services for any purpose not expressly permitted by these Terms;
· Removing, circumventing, disabling, damaging or otherwise interfering with any features (security related or otherwise) implemented by the Website;
· Attempting to gain unauthorized access to the Services, or other parts of the Website through hacking, password mining, or any other means meant to interfere with the proper working of the Website or Services;
· Using Company’s Trademarks, graphics, or logos without prior written consent;
· Reverse engineering, disassembling, or otherwise attempting to discover the source code of the Website or any part thereof;
· Accessing or using the Services in an unlawful way or for any illegitimate purpose; and
· Modifying, adapting, translating or creating derivative works based upon the Website, Content, or any part thereof, except, and only to the extent, as expressly permitted by applicable law.
Your use of the Services is provided as a courtesy, and Company reserves the right to modify, suspend or terminate all or a portion of the Services at any time, in our sole discretion and without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with your use and/or access of the Services for any reason or for no reason whatsoever, including improper use of the Services or failure to comply with these Terms, and to take any other action we deem appropriate. You agree that Company shall not be liable to you or any third party for any termination of your use and/or access to the Services.
You expressly acknowledge that nothing contained on the Website, nor your use of any Services provided via the Website, shall be construed to constitute advice regarding any registered or unregistered securities. By accessing and using the Website and Services, you acknowledge and agree that Company does not engage in the business of effecting securities transactions or providing investment advice, and is not registered with the Securities Exchange Commission or any state securities regulator as a broker or investment advisor.
USE OF YOUR INFORMATION
THIRD PARTY WEBSITES AND SERVICES
SERVICES NOT FINANCIAL, TAX, LEGAL, OR INVESTMENT ADVICE
You acknowledge that any and all Services provided by Company and/or made available through the Website are not intended as financial or investment advice, and that by providing the Services, Company does not intend or purport to provide financial, investment, legal, tax, or any other advice of any kind. Your use of the Services and any decisions made pursuant thereto are made your own risk.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, CONTENT, AND SERVICES IS SOLELY AT YOUR OWN RISK. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FEATURES, MATERIALS AND FUNCTIONS PROVIDED BY OR THROUGH THE WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, UPTIME OR UNINTERRUPTED ACCESS; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, DISPLAYABILITY, COMPLETENESS, OR USEFULNESS OF CONTENT; AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTCULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE, SERVICE, OR ANY CONTENT, FUNCTIONS OR MATERIALS PROVIDED BY OR THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECT WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR EXPRESS OR IMPLIED REQUIREMENTS OR NEEDS, NOR DO WE PROVIDE ANY “GUARANTEES” REGARDING THE SERVICES. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE HELD LIABLE, FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS, USE, OR BROWSING OF THE WEBSITE, OR ANY DOWNLOADING OF MATERIALS, CONTENT, TEXT, IMAGES, VIDEO OR AUDIO CONTENT FROM THE WEBSITE. IF YOUR ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICE.
WE ATTEMPT TO ENSURE THAT CONTENT POSTED ON THE WEBSITE IS CORRECT AND CURRENT. WE RESERVE ALL RIGHT TO CHANGE OR EDIT ANY OF THE CONTENT PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT PRIOR NOTICE TO YOU. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE TRUTHFULNESS, COMPLETENESS AND/OR USEFULNESS OF ANY MATERIAL, OPINION, ADVICE OR OTHER INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE.
WITHOUT LIMITING THE ABOVE, OUR AFFILIATES AND WE MAKE NO WARRANTIES OR REPRESENTATIONS RELATING TO ANY SERVICES ORDERED OR PROVIDED VIA THE WEBSITE. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS (FAQs), DOCUMENTS AND OTHERWISE ON THE WEBSITE, OR IN CORRESPONDENCE WITH OUR AGENTS OR US. ANY SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A AGREEMENT SEPERATELY ENTERED INTO BY WRITING BETWEEN YOU AND US OR OUR AFFILIATES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS DIRECTORS, EMPLOYEES, OR AFFILIATES (“PROTECTED ENTITIES”) BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OR THE INABILITY TO USE THE WEBSITE AND/OR SERVICES, REGARDLESS OF WHETHER THE PROTECTED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
You hereby release Company and hold it and the Protected Entities harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, and agree that you will not bring any claim personally against any member of Company or the Protected Entities with respect to any direct or indirect losses you may suffer in connection with your use of the Website or Services. You waive the provisions of any state or local law limiting or prohibiting a general release.
Without limiting the limitation of liability SET FORTH HEREIN, in the event of any problem with the services, you agree that your sole and exclusive remedy is to cease using the services. Under no circumstances shall COMPANY be liable in any way for your use of services, including, but not limited to, any errors or omissions in the services, any infringement by the services of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of the services.
CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to the fullest extent permitted by law to release, indemnify, defend and hold harmless Company, the Protected Entities, and the licensors, members, parents, subsidiaries, lawyers, affiliates, and agencies of Company and the Protected Entities, from and against any and all losses, liabilities, expenses, damages, costs (including reasonable attorney’s fees and costs), claims, threatened claims, demands, or actions of any kind whatsoever that may arise out of or result from your use or attempted use of the Website, Content, and/or Services; your violation of these Terms or failure to comply with any applicable laws and regulations; and any of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights. You shall not settle any such claim without the prior written consent of the Company and/or the Protected Entities.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be construed and enforced in accordance with the laws of the State of Florida without regard to any conflict of law provisions. By using the Website and/or Services, you agree that all disputes, claims, or causes of action arising from or related to your use of the Website or Services will be resolved through binding arbitration in Broward County, Florida in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Nothing in this Section shall prevent Company from seeking injunctive or other equitable relief from the courts for matters related to data security, or unauthorized access to the Website or Services.
GENERAL TERMS AND CONDITIONS
These Terms set forth the entire understanding between you and Company regarding your use of the Website, Content, and Services. These Terms constitute the sole agreement between you and Company for your use of the Website, Content, and Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms shall bind either you or Company. In the event that any one or more of the terms and conditions contained in these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. Company's failure to insist upon strict adherence to any term contained in these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in these Terms. Company may assign, transfer, subcontract or otherwise deal with all of its rights, including those set forth herein without notifying you or obtaining your consent. You may not assign, transfer, delegate, subcontract or otherwise deal with your rights and/or obligations under these Terms. These Terms shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns.