Terms Of Service
You must read, agree and understand the following terms and conditions before
accessing any materials or services contained on this site. Please
read all the terms and conditions carefully. If you do not understand, agree and
abide by the following terms and conditions you are prohibited from further
accessing this site. By further accessing any part of
this site you agree to be bound by this agreement in it’s entirety.
SECTION I – Visitors, Subscribers And Customers
1. This is an Agreement between you, a Visitor, Subscriber or Customer to this
web site referred to herein as "You and/or Visitor and/or
Subscriber and/or Customer as appropriate" and the owners
of this web site referred to herein as "Company
and/or this site and/or site as appropriate". For good and valuable
consideration which is hereby acknowledged by You and the Company, and by
further accessing or using any services available on this site at anytime from
this moment forth, You hereby agree to be bound by all of the terms and
conditions set forth in this Agreement in it’s entirety. The Company agrees to
provide to you the nonexclusive and revocable access to this site. This
Agreement is subject to change or modification by the Company at any time, and
changes are effective upon notice to You by e-mail, posting at this site, via a
hyperlink on this site, by a change on this current URL or by mail.
2. You hereby acknowledge and agree that any and all material contained at this
site are proprietary and constitute valuable intellectual property. You further
acknowledge an agree that as such, You ma only access, view, download, receive
and otherwise use the materials available at this site only as authorized by the
Company.
3. You agree to be personally liable and fully indemnify this site, the Company
and all of it’s owners and employees for any and all damages directly,
indirectly and/or consequentially resulting from your attempted or actual
unauthorized use of any material or service from this site alone, or with or
under the authority of, any other person or persons, including, but not limited
to, and without limitation, any governmental agency or agencies, wherein such
damages include, without limitation, all direct, indirect and consequential
damages directly or indirectly resulting from unauthorized downloading, use or
viewing of any material or service from this site including, but not limited to,
damages resulting from loss of revenue, loss of property, fines, attorney’s fees
and costs, including, without limitation, damages resulting from prosecution
and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
4. Access to this site may be terminated by the Company at any time without
cause.
5. Subject to all the terms and conditions set forth in this agreement, the
Company hereby grants you a limited non-exclusive non-transferable license to
use graphic files, audio files, video files, links, text and other software
contained on this site associated with authorized visitor or customer use during
the period that is authorized by the Company. You may use the material and
services only as authorized by this agreement. You are prohibited from removing
any proprietary or copyright notices from material you are provided by the
Company.
6. All materials and services on this site are for the private use by visitors
and customers only. No other uses are intended by the Company and any other use
is strictly prohibited.
SECTION II – Subscribers And Customers
1. By signing up for any service at this site you become a Subscriber and/or
Customer and the following additional Terms and Conditions in SECTION II apply
to You also.
2. Some or all of the following fees and charges may be incurred by the
Subscriber or Customer:
I. Subscription fees. The subscriber is responsible for paying periodic
subscription fees according to the then-current billing terms.
II. Any and all purchases and subscription fees are non-refundable.
3. Unless and until this agreement is canceled in accordance with the terms
hereof, Subscriber and/or Customer hereby authorizes the Company and/or agents
and/or resellers to charge subscriber's credit card (or other approved facility)
to pay for the on going cost of service. Subscriber or Customer hereby further
authorizes the Company and/or agents and/or resellers to charge Subscriber's
credit card (or other approved facility) for any and all purchases of products
and services provided by this site. Subscribership may not be assigned or
transferred to any other person or entity. Subscriber must promptly inform the
Company of the following: changes in the expiration date of any credit card used
in connection with this site; changes in home or billing address; and apparent
breaches of security, such as loss, theft, or unauthorized disclosure or use of
an ID or password. Until the Company is notified, by e-mail of a breach in
security, the Subscriber or Customer will remain liable for any unauthorized use
of this site.
4. Payment for the appropriate services may be made by automatic credit card
debit. Subscribers will be automatically renewed for the original term upon
expiration, unless the Company is notified via the cancellation form or method
located in the customer service area this site or payment processor prior to
membership expiration. Trial Subscriptions shall renew at the normal membership
rate.
5. If you fraudulently report your credit card (or other approved facility) as
lost, stolen or claim an unauthorized charge, You shall be liable to the Company
for liquidated damages in the amount of $10,000.00. The liability for liquidated
damages specified in this Paragraph shall not limit any other liability You may
have for breach(es) of any other terms, conditions, promises and warranties set
forth in this Agreement.
6. Subscription to this site may be terminated at any time, and without cause,
by either the Company or the Subscriber and/or Customer upon notification of the
other by electronic or conventional mail, or by telephone. When termination is
requested by a subscriber and/or customer, subscription fees are NOT refunded.
Subscribers and/or Customers are liable for charges incurred by them until
termination of service.
7. Subscribers and/or Customers are responsible for providing all personal
computer and communications equipment necessary to gain access to the Service.
Access to and use of the Service is through a combination of an ID and a
password. Each Subscriber and/or Customer must keep his password strictly
confidential. Remember your password! For security reasons, The Company will not
release passwords for any reason, except as may be specifically required by law
or court order. Unauthorized access to the Service is a breach of this Agreement
and a violation of law.
8. Any liability of the Company including without limitation any failure of
performance, error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or
unauthorized access to, alteration of, or use of records, whether for breach of
contract, tortous behavior, negligence, or under any other cause or action,
shall be strictly limited to the amount paid by or on behalf of the subscriber
and/or customer to the company for the preceding 12 months. Some states do not
allow the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
9. This site enables Subscribers and/or Customers to share information with
other Subscribers and/or Customers. Subscribers and/or Customers agree not to
submit, publish, or display on the Service any defamatory, inaccurate, abusive,
threatening, racially offensive, or illegal material. Transmission of such
material that violates any federal, state, or local law, is prohibited and is a
breach of this Agreement.
10. Subscribers and/or Customers agree not to engage in advertising to, or
solicitation of other Subscribers and/or Customers to buy or sell any products
or services through the Service without prior written consent. Subscribers
and/or Customers are responsible for information they send, or display through
the Service even if a claim should arise after termination of service.
11. Notices by the Company to Subscribers and/or Customers may be given by means
of electronic messages through this site, by a general posting on this site, or
by conventional mail. Notices by Subscribers and/or Customers may be given by
electronic messages unless otherwise specified in the Agreement.
12. Backups of subscriber or customer data are the responsibility of the
subscriber or customer. The Company does not do any backups of subscriber or
customer data.
13. Subscribers and customers bandwidth allowance is not predetermined.
Subscribers and customers are required to limit their bandwidth use of the
services to a reasonable and fair amount.
14. Subscribers and customers acknowledge that data provided by the Company is
on a month to month rental basis and that Company owns said data. After
cancelation of service, customer must stop using provided data or will be in
violation of Copyright laws and subject to all legal remedies.
SECTION III - Additional Terms And Conditions for Visitors, Subscribers and
Customers
1. No warranty is made by the Company regarding any information, services, or
products provided through or in connection with the Service, and the Company
hereby expressly disclaims any and all warranties, including without
limitation:1) any warranties as to the availability, accuracy, or content of
information, products, or services; 2) any warranties of merchantability or
fitness for a particular purpose. Some states/provinces do not allow the
exclusion of implied warranties, so the above exclusion may not apply to you.
2. Except for public domain material and electronic messages, all material
displayed on this site is copyrighted by the Company and may not be copied,
redistributed, or downloaded, in whole or in part, without the prior written
consent of the Company, unless otherwise clearly stated in this Agreement.
3. There are no facilities provided by this site for sending or receiving
private or confidential electronic communications. All messages shall be deemed
to be readily accessible to the general public. Do not use the Service for any
communication for which the sender intends only the sender and the intended
recipient(s) to read. Notice is hereby given that all messages entered into this
Service can and may be read by the operators of this site, whether or not they
are the intended recipient(s).
4. Notices by the Company to Visitors, Subscribers and Customers may be given by
means of electronic messages through this site, by a general posting on this
site, or by conventional mail. Notices by Visitors, Subscribers or Customers may
be given by electronic messages unless otherwise specified in the Agreement.
5. The Subscriber and/or Customer and/or Visitor hereby warrants and represents
that he or she is over the age of 18, and in all respects is qualified and
competent to enter into this agreement.
7. The subscriber and/or Visitor to this site understands that the Company and
this site has an affiliate relationship with the majority of companies and products
mentioned and reviewed on this site and is paid a commission by each site for traffic
sent, sales produced and/or membership joins.
7b. Disclosure of Material Connection: Some of the links on this site are
"affiliate links." This means if you click on the link and purchase the item,
I/we will receive an affiliate commission. Regardless, I/We only recommend products or
services I/we use personally and/or believe will add value to my/our readers. I/We am/our
disclosing this in accordance with the Federal Trade Commission's 16 CFR, Part 255:
"Guides Concerning the Use of Endorsements and Testimonials."
8. If any term, provision, or condition of this agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the rest of the
agreement shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated. Any term, provision, or condition of this agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable,
at the option of the Company may be modified and/or reformed to the extent
necessary to make it enforceable.
9. This Agreement contains the entire agreement between the Subscriber and/or
Customer and/or Visitor and the Company regarding the use of this site, and
supersedes all prior written and oral understandings and writings, and may only
be amended upon notice by the Company to Subscribers and/or Customers and/or
Visitors. Unless otherwise explicitly stated, the provisions of this Agreement
shall survive its terminations . The Agreement shall be governed pursuant to the
laws of the State of Florida.