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Last updated and effective as of: September 25, 2017
Your Use of the Site
We reserves the right, without notice and in its sole discretion, to terminate your use of the Site, and to block or prevent future access to and use of the Site. You agree that your right to use the Site does not include, and you shall not:
You are responsible for the security of your account and password. We will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such password or your account.
Third Party Links and Content
You agree that any electronic or printed information, data, images, videos, photographs, artwork or other content contained on the Site ("Site Materials"), constitute the copyrighted or copyrightable and proprietary property of Provider or third parties from whom Provider has secured permission to display such Site Materials on the Site. You acknowledge that Provider has granted to you a limited, revocable, and non-exclusive license to use these Site Materials solely for your private, individual and personal use to view the content as it appears on the Site and for no other purposes or uses. You will not commercialize, sell, download, copy, license, re-license, sublicense, modify, reverse engineer, swap, re-use, create derivative works of or re-purpose the Site Materials, nor will you assist others in doing so. Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to Provider in the United States and other countries and may not be used by anyone for any purpose without Provider’s prior express written consent.
Your Postings and Submissions
Provider may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“Submissions”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload Submissions that are defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
Provider does not claim ownership to your Submissions; however, you grant Provider a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Provider and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
Binding and Entire Agreement
THE SITE AND ALL CONTENT THAT YOU ACCESS ON THE SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN RISK AND IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, AS TO THE SITE OR ITS USE AND IT IS PROVIDED TO YOU “AS IS” AND WITH “ALL FAULTS” AND “AS AVAILABLE” AND PROVIDER MAKES NO GUARANTIES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE SITE OR ITS CONTENTS. THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
LIMITATIONS OF DAMAGES AND LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY SIMILAR DAMAGES OF ANY KIND OR NATURE, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SITE OR ANY MERCHANDISE OFFERED, ORDERED, PURCHASED OR SOLD TO YOU OR ANY MERCHANDISE’S USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, CIVIL LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THE AGREEMENT OR ANY FUNDAMENTAL BREACH OF THE AGREEMENT.
PROVIDER’S COMPLETE, AGGREGATE AND TOTAL LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES, CLAIMS, LIABILITIES, INJURIES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SITE OR ANY MERCHANDISE OFFERED, ORDERED, PURCHASED OR SOLD TO YOU OR ANY MERCHANDISE’S USE OR MISUSE (COLLECTIVELY, A “LIABILITY”), SHALL BE LIMITED TO: (I) IF THE LIABILITY WAS CAUSED BY MERCHANDISE PURCHASED BY YOU, THEN THE AMOUNT OF THE PURCHASE PRICE FOR SUCH MERCHANDISE GIVING RISE TO THE LIABILITY THAT WAS ACTUALLY PAID BY YOU TO US; OR (II) IF THE LIABILITY IS NOT CAUSED BY MERCHANDISE PURCHASED BY YOU, THEN ONE HUNDRED AND NO/100 DOLLARS ($100.00).
CERTAIN STATE LAWS AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Governing Law and Choice of Forum
The Agreement is governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The parties agree that the Agreement shall not be governed by the Uniform Computer Information Transactions Act (UCITA) should UCITA or any similar legislation be in force or later enacted in any jurisdiction governing the Agreement. You agree that the sole and exclusive venue for any dispute arising out of or relating to the Agreement or the Site or any merchandise offered, ordered or sold to you or any merchandise’s use or misuse shall be filed, and venue properly lies, only in a state or federal court located in Jacksonville, Duval County, Florida, and that you irrevocably consent to the personal jurisdiction and venue therein. ALL PARTIES TO THE AGREEMENT WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY.
You understand and agree that Provider has not entered into any form of fiduciary or special relationship with you.
Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of the Agreement or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible. Otherwise, such provision shall be severed and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of the Agreement or the application of the provision to the other parties or other circumstances. The waiver of a breach of these Agreement or the failure of a party to exercise any right under the Agreement shall only be effective if in writing. In no event shall any waiver constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right under the Agreement.
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