FloridaWise
Magazine
Terms and Conditions
TERMS OF AGREEMENT
Your use of the FloridaWise Magazine web site (the "Company"),
as well as any and all information, products and services
on or available through or from the Company, including
without limitation all services provided by Company,
shall be governed by the policies, terms and conditions
hereinafter set forth (the "Terms and Conditions").
Your use of the Company web site and/or any of the
services constitutes your acknowledgment of and agreement
to be bound by these Terms and Conditions, and shall
constitute a waiver of any right you may otherwise
have had to object to these Terms and Conditions. As
a condition of your use of the Company web site or
any of the services, you hereby represent and warrant
that you will not use the Company web site or any of
the services for any purpose that is unlawful or otherwise
prohibited by these Terms and Conditions. If you do
not agree with any of the Terms and Conditions, you
are not authorized to use the Company web site or the
services.
Company reserves the right to modify, amend, update
and change the Company web site and/or these Terms
and Conditions from time to time without notice to
users of the Company web site or the services. You
are responsible for regularly viewing these Terms and
Conditions. The Company also reserves the right, at
any time and from time to time, to modify or discontinue,
temporarily or permanently, any of the Services, with
or without notice. You agree that the Company shall
not be liable to you or to any third party for any
modification, amendment, suspension, discontinuance
or other change to the Company web site, the services
or these Terms and Conditions.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT
AND USE THIS SITE
This Agreement must be completed, understood and agreed
to by a person over 18. If a parent or guardian
wishes to permit a person under 18, and under his or
her supervision, to use this site, he or she should
email the Company with his or her explicit permission
and acceptance of full legal responsibility for the
minor to do so. If you are not yet 18, if you
are easily offended, or are accessing this site from
any country where material on this site is prohibited
or illegal, please leave now as you do not have permission
to access this site.
International Users
Accessing this site, and services, products or contents available on this site,
except as expressly allowed through instructions and truthful statements by
the User in regard to use of this site, from places outside the U.S. or where
their contents are illegal, is prohibited. Those who choose to access this
site from other locations do so knowingly on their own initiative and voluntarily
at their own risk and are responsible for compliance with local laws. None
of the information on this site may be downloaded, exported or reexported into
Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence
of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban,
Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers,
Foreign Terrorist Organizations, and/or designated foreign persons who have
engaged in activities related to the proliferation of weapons of mass destruction
or any other country with restrictions imposed by the U.S. Government. By
using this site, you agree that you are not a citizen of or a resident in any
of these countries.
Government Use.
If you are a branch or agency of the U.S. Government,
the following provision applies. This site, code, contents,
services and accompanying documentation are comprised
of "commercial computer software" and "commercial
computer software documentation" as such terms
are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided
to the Government (i) for acquisition by or on behalf
of civilian agencies, consistent with the policy set
forth in 48 C.F.R. 12.212; or (ii) for acquisition
by or on behalf of units of the Department of Defense,
consistent with the policies set forth in 48 C.F.R.
227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished
rights reserved under the copyright laws of the United
States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post
on this site or communicate to the Company through this site (collectively “Submissions”)
shall forever be the property of the Company. You agree to the Site Submission
Rules found here as part of this Agreement if provided on the site by the Company. The
Company shall not treat any submission as confidential and shall not incur
any liability as a result of any similarities that may appear in future Company
services or products. Without limitation, the Company shall have exclusive
ownership of all present and future existing rights to any Submission of every
kind and nature everywhere. You acknowledge that you are fully responsible
for the message, including its legality, reliability, appropriateness, originality
and copyright. You hereby represent and warrant that your Submission
does not infringe the rights of any third party.
TRADEMARKS
The Company’s, licensors’ or other third
party materials, services or products referenced on
this site are common law or registered trade marks
or service marks of such parties.
SITE CONTENT AND INFORMATION
The Company web site may include information that
is inaccurate, incomplete, unreliable or outdated.
The Company does not make any representations or warranties
with respect to the information contained on the Company
web site, and does not guarantee that such information
is complete, accurate, current or reliable. The Company
hereby disclaims all liability for any information
that is incomplete, inaccurate, unreliable or outdated.
Any reference to or description within the Company
web site of products, services or publications shall
not be deemed an endorsement of such products, services
or publications. The Company does not provide legal,
financial, medical or other professional or personal
services. Should legal, financial, medical or other
professional, personal or expert advice or other assistance
be sought, these services should be obtained from a
qualified professional.
The Company does not control the information and other
content posted by other parties and, as such, does
not guarantee the accuracy, integrity or quality of
such content. You understand that by using the Company
web site and the Services, you may be exposed to information
or other content that is offensive, indecent or objectionable.
Under no circumstances will the Company be liable in
any way for any such content, including without limitation
any errors or omissions in said content, or for any
loss or damage of any kind incurred as a result of
the use of any information posted, e-mailed or otherwise
transmitted via the Company web site or the services.
THIRD PARTY SITES, LINKS AND WEB PAGES
This Site contains links to other third party web sites, web pages, services
and resources or entities with which the Company has a business relationship
(each referred to hereinafter as a "Site"). These Sites may contain
information or material that is illegal, unreasonable or that some people may
find inappropriate or offensive. The Company is not responsible for the contents
or availability of any Site which is not owned or directly controlled by the
Company and does not endorse and is not responsible in any way for any content,
advertising, products, services or other materials on or available at, from
or through such Sites. You agree that the Company and its licensors have no
liability whatsoever from such third party sites and your usage of them. Your
use of any Site is subject to the Terms of Use, Terms and Conditions, Privacy
Policies and/or any other legal policies, if any, set forth at such Site. In
the event there is any inconsistency, conflict or discrepancy between the Terms
and Conditions contained herein and the terms and conditions of a Site, the
terms and conditions set forth at the Site shall govern and control your use
of that Site. You agree that the Company shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with your use of or reliance on any such content, advertising,
products, services or other materials on or available at, from or through any
such Site.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE
SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE. ALL INFORMATION AND
USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR
ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD
TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY,
AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE
COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT
THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH
THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS
SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT
THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS
SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER
AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS
OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT
SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW
OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE,
THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE,
OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW
OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers,
licensors, subsidiaries and other affiliated companies, and their employees,
contractors, officers, agents and directors from all liabilities, claims, and
expenses, including attorney's fees, that arise from your use of this site,
or any services, information or products from this site, or any violation of
this Agreement. The Company reserves the right, at it own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you shall cooperate with the Company in asserting any
available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or
User’s use immediately upon receipt of any notice
which alleges that User has used this site for any
purpose that violates any local, state, federal or
law of other nations, including but not limited to
the posting of information that may violate third party
rights, that may defame a third party, that may be
obscene or pornographic, that may harass or assault
others, that may violate hacking or other criminal
regulations, etc. of its agents, officers, directors,
contractors or employees. In such event, Company
may disclose the User’s identity and contact
information, if requested by a government or law enforcement
body or as a result of a subpoena or other legal action,
and Company shall not be liable for damages or results
thereof and User agrees not to bring any action or
claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company
from its offices within the State of Florida, U.S. of America. It can
be access from all 50 states as well as from other countries around the world
to the extent permitted by site. As each of these places has laws that
may differ from Florida, by accessing this site, both you and the Company agree
that the statues and laws of the Florida
shall apply to any actions or claims arising out of or in relation to this
Agreement or your use of this site, without regard to conflicts of laws principles
thereof. You and the Company also agree and hereby submit to the filing
of any claim only in the exclusive personal jurisdiction and venue of Florida
and any legal proceedings shall be conducted in English. The Company
makes no representation that materials on this site are appropriate or available
for use in other locations, and accessing them from territories where their
contents are illegal is prohibited. This Agreement shall not be governed
by the United Nations Convention on Contracts for the Sale of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Site
Submission Rules if this site allows posting and posts
such Rules. This Agreement constitutes the entire agreement
between the parties related to the subject matter thereof,
supersedes any prior or contemporaneous (oral, written
or electronic) agreement between the parties and shall
not be changed except by written agreement signed by
an officer of the Company. If any provision of
this Agreement is prohibited by law or held to be unenforceable,
the remaining provisions hereof shall not be affected,
and this Agreement as much as possible under applicable
law shall continue in full force and effect as if such
unenforceable provision had never constituted a part
hereof and the unenforceable provision shall be automatically
amended so as to best accomplish the objectives of
such unenforceable provision within the limits of applicable
law. User shall not assign or transfer this Agreement
and any such transfer shall be void.
Site Submission Rules
By using features of this site that allow you to post
or otherwise transmit information to or through this
site, or which may be seen by other users, you agree
that you shall not upload, post, or otherwise distribute
or facilitate distribution of any content -- including
text, communications, video, software, images, sounds,
data, or other information -- that:
- is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's
privacy, tortious, obscene, sexually explicit or
graphic, or otherwise in violation of this site’s
rules or policies;
- victimizes, harasses, degrades, or intimidates
an individual or group of individuals on the basis
of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
- infringes any patent, trade mark, service mark,
trade secret, copyright, moral right, right of publicity,
privacy or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising,
junk or bulk e-mail (also known as "spamming"),
chain letters, any other form of unauthorized solicitation,
or any form of lottery or gambling;
- contains software viruses or any other computer
code, files, or programs that are designed or intended
to disrupt, damage, or limit the functioning of any
software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any
data or other information of any third party; or
- impersonates any person or entity, including any
employee or representative of this site, its licensors
or advertisers.
You also agree that you shall not harvest or collect
information about the users of this site or use such
information for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic e-mail
or communications for any other commercial purpose
of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt
to induce any physical contact with, anyone 18 years old or younger without
appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit the content posted
by users of this site. However, this site and its agents have the right, at
their sole discretion, to remove any content that, in this site’s sole
judgment, does not comply with the Site Submission Rules or is otherwise harmful,
objectionable, or inaccurate. This site is not liable for any failure, delay,
damages or results, in removing such content.
You agree that your use of this site may be suspended
or terminated immediately upon receipt of any notice
which alleges that you have used this site in violation
of these Rules and/or for any purpose that violates
any local, state, federal or law of other nations,
including but not limited to the posting of information
that may violate third party rights, that may defame
a third party, that may be obscene or pornographic,
that may harass or assault others, that may violate
hacking or other criminal regulations, etc. of its
agents, officers, directors, contractors or employees. In
such event, you agree that the owner of this site may
disclose your identity and contact information, if
requested by a government or law enforcement body or
as a result of a subpoena or other legal action, and
the owner of this site shall not be liable for damages
or results thereof, and you agree not to bring any
action or claim against the owner of this site for
such disclosure.
This site reserves the right to revise these Site
Submission Rules at its discretion, so check back
from time to time to be sure you are complying with
the current version. |
