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Use of Content
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Limitation on Liability
THIS SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. WE AND OUR AFFILIATES, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WE, OUR AFFILIATES, LICENSORS AND SUPPLIERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, TRUTHFUL OR CURRENT. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. It is your responsibility to evaluate the accuracy and completeness of all information, opinions, and other material on this Site or any website with which it is linked. All information and promotions are subject to change without notice. Without limiting the foregoing, we and our affiliates, licensors and suppliers make no representations or warranties about the following: the software, text, graphics, links, or communications provided on or through the use of this Site or related material from us or the satisfaction of any government regulations requiring disclosure of information on any products with regard to the Content contained on this Site.
You acknowledge that you are responsible for any information, opinions, messages, comments, and content that you submit, post, or otherwise make available on or through the Site and our Communities, as defined below (“Submission”). You may not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner, and the burden in determining whether any material is protected is on you. You are solely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your Submission.
By voluntarily submitting any information, communications, or content (including, but not limited to, photos, videos, personal stories, anecdotes and jokes) to this Site or Communities (as defined below), you are also agreeing that such Submissions are non-confidential for all purposes and you grant us and our affiliates and partners worldwide an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sub-licensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submission and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party, and the right to include your name and city of residence in connection with any such use. Each Submission is also subject to such other terms and conditions as any of the affiliates and partners may specify for particular submissions. The submission of any Submission in no way creates any obligation or duty on our part or the part of any affiliate and partner to post or use such Submission or, if we do so, to give you credit. We may contact you via phone, email or mail regarding your submission.
You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, racially, ethnically or otherwise offensive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; disseminate any unsolicited or unauthorized advertising or promotional materials; use any robot, spider, scraper or other automated means to access the Site; or alter the opinions or comments posted by others on the Site. This list of prohibitions is not complete or exclusive.
We reserve the right to take any action we deem necessary to protect the personal safety of our users or the public. We have no liability or responsibility to users of this Site or the Communities or any other person or entity for performance or nonperformance of the aforementioned activities.
DMCA Notice and Customer Care
You agree you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. You should notify us promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third-party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
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Jurisdiction and Arbitration
We are a United States entity and not subject to, nor do we comply with, the laws and restrictions of any foreign jurisdiction. Your use of our Site constitutes your consent and agreement to be bound solely by the laws of the United States and those of State of Florida. We make no claim the Content is appropriate or may be downloaded outside of the United States. Access to and contact or input to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Except for temporary, preliminary, or permanent injunctive relief or any other form of equitable relief, any and all disputes, controversies, claims, breaches, and conflicts arising out of or in connection with this Agreement or its performance, including: disputes regarding the fees and costs charged pursuant to this Agreement; the formation, construction, performance, applicability, interpretation, or enforceability of this Agreement; or any claim or assertion that all or part of this Agreement is void or voidable; shall be resolved by arbitration by a single arbitrator agreed upon by the parties and administered by the Judicial Arbiter Group, Inc. (“JAG”) in Denver, Colorado. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration provision. By agreeing to Arbitration, each Party irrevocably and unconditionally waives to the fullest extent possible by law, any right it might have to a trial by jury in any legal action, proceeding, cause of action or counterclaim arising out of or relating to this Agreement. The arbitration shall be conducted on a confidential basis and the fact of the dispute as well as the arbitration proceeding itself, and any decision or award issued as a result of such arbitration, shall all be confidential. Any decision or award shall be in writing and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. No party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute arising from or in relation to this Agreement except in connection with injunctive relief or the recognition and enforcement of an arbitral award granted pursuant to this clause. Any award rendered by the Arbitrator may be confirmed by any state or federal court of competent jurisdiction, and shall be enforceable as an order of said court. In any action or arbitration brought under this Agreement, in addition to any other relief to which the party or parties determined by the Arbitrator to have substantially prevailed is entitled (the “Prevailing Party” – provided that the Arbitrator may also decide that there is no Prevailing Party), the Prevailing Party is also entitled to recover, and the non-Prevailing Party shall pay, (a) all reasonable attorneys’ fees of the Prevailing Party, including fees incurred in any action to compel arbitration or to confirm an award, (b) court or arbitration costs of the Prevailing Party, and (c) expenses of the Prevailing Party, even if not recoverable by law as court costs (including, without limitation, all fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that action, arbitration or proceeding and all appellate proceedings. For purposes of this Section, the term “attorneys’ fees” includes, without limitation, paralegal fees, investigative fees, expert witness fees, administrative costs, disbursements, and all other charges billed by legal counsel for the Prevailing Party. The Parties agree any action in relation to an alleged breach of this Agreement shall be commenced within one (1) year from the date the breach is discovered. Any action not brought within that one-year time period shall be barred, without regard to any other limitations period set forth by law or statute.
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Last Updated February 2023