16.Digital Millennium Copyright Act. Company respects the intellectual property of others, and we ask our users to do the same. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us pursuant to the following policy. Notification of claims for copyright infringement must be in writing and delivered to Heather Bond Vargas, Esquire, Cobb & Cole P.A., 150 Magnolia Avenue, Daytona Beach, Florida 32114. Phone number (386) 255-8171. Facsimile number (386) 255-0093. E-mail address: email@example.com
. All notices must contain:
i. A physical or electronic signature on behalf of the copyright owner or claimant;
ii. Specific identification of the work allegedly being infringed;
iii. Specific identification of the allegedly infringing work that the complainant would like removed, including the location of the material;
iv. Complainant́'s contact information, including name, address, telephone number, and e-mail address;
v. A statement that the complainant has a good faith belief that the use of the material is not authorized by the copyright owner or claimant; and
vi. A statement that the information in the notice is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner or claimant of the copyright.
b. You understand that the Services and the software embedded or supporting the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company and/or third parties who provide Content. You may not attempt to override or circumvent any such usage rules. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Services.
17.Modification or Cessation of Services. You acknowledge and agree that the form and nature of the Services which Company provides may change from time to time without prior notice to you. You acknowledge and agree that Company may also stop, permanently or temporarily, providing the Services (or any features) to you or to users generally in Company's sole discretion, without prior notice to you. You agree that Company shall not be liable to you or to any third party for any modification, suspension, or cessation of the Services.
19.Indemnity. You agree to indemnify and hold Company harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Services, your use of the Services, your connection to the Website or Services, your violation of the Terms, or your violation of any rights of another. You also agree to indemnify and hold Company harmless from any liability or damages resulting from the use of Content provided through the Services or on the Website, regardless of whether such information was provided by Company or a third party.
20.DISCLAIMER OF WARRANTIES. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "as is" and "as available." In particular, Company, its principals, affiliates, and its licensors, do not represent or warrant to you that (a) your use of the Services will meet your requirements; (b) your use of the services will be uninterrupted, timely, secure, or free from error; (c) any information obtained by you as a result of your use of the Services will be accurate or reliable; and (d) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected. Any material obtained through the use of the Services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or other device, or loss of data that results from any such materials. No information, whether oral or written, obtained by you from Company or through or from the Services shall create any warranty not expressly stated in the Terms. Company further expressly disclaims all warranties and conditions of any kind related to the Website, the Services or products purchased through either, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
21.LIMITATION OF LIABILITY. You expressly understand and agree that Company, its principals, its affiliates, and its licensors shall not be liable to you for:
a. any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of good will or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; or
b. any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any Content, or as a result of any relationship or transaction between you and any third party; (ii) any change which Company may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, or failure to store, any Content; or (iv) your failure to keep your password or account details secure and confidential. The limitations on Company's liability to you shall apply whether or not Company has been advised of or should have been aware of the possibility of any such losses arising.
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
22.Acknowledgment. You acknowledge and agree that: (a) you have read and understood the Terms; (b) the Terms are fair, reasonable, and not unduly restrictive; and (c) you have had the opportunity to confer with legal counsel of your choice prior to agreeing to the Terms.
23.Survival. Upon termination of these Terms, the provisions regarding Disclosure of Account Information, Use and Storage, Illegal Conduct, Intellectual Property, Contributions, Disputes with Third Parties, Indemnity, Disclaimer of Warranties, Limitation of Liability, Acknowledgment, Survival, and General Provisions shall survive.
a. Notices. Company may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Website or through the Services.
b. Waiver. Any waiver by Company of any breach of, or failure to comply with, any provision of the Terms by you shall be in writing and shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or failure to comply with, any other provision of the Terms.
c. Governing Law; Jurisdiction; Venue. These Terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to its principles of conflicts of laws. Each party hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Florida located in Volusia County or the appropriate federal court having subject matter jurisdiction of the dispute and encompassing Volusia County Florida, (the "Florida Courts") for any litigation arising out of or relating to the Terms and the transactions contemplated hereby (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Florida Courts and agrees not to plead or claim in any Florida Court that such litigation brought therein has been brought in an inconvenient forum.
e. Attorneys' Fees. In connection with any litigation arising out of these Terms, the prevailing party shall be entitled to recover all costs incurred, including attorneys' fees, whether incurred during settlement, at trial, in arbitration, on appeal, or in any bankruptcy proceeding.
f. Severability. Any provision of these Terms that is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining provisions of these Terms or affecting the validity or enforceability of any of the provisions of these Terms in any other jurisdiction.
g. Waiver of Jury Trial. By agreeing to these Terms, the parties knowingly and willingly waive any right they have under applicable law to a trial by jury in any dispute arising out of or in any way related to these Terms.
h. Binding Effect. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns or legal representatives.
i. Force Majeure. Company shall not be deemed in breach of these Terms to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted, or prevented by reason of any act of God, natural disaster, act of government, or any other act or condition beyond Company's reasonable control.
j. Joint Drafting. If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of these Terms.
k. Non-Assignment. This agreement may not be assigned by you. Company may assign this agreement at any time.