You are solely responsible for obtaining
access to the Site and that access may involve third
party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including
those fees associated with the display or delivery of
advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the
Site.
1. Images and Content.
This Site contains images and content,
including but not limited to text, software, images,
data, messages, or any other information (collectively,
"Materials"). All Materials displayed on this
Site are protected by the First Amendment rights to
Free Speech, Free Expression and Freedom of the Press.
The Site firmly believes that the best judge of appropriate
information retrieval is you, not the government or
third parties. We therefore offer you access to the
Materials posted on the Site, and allow our users to
decide for themselves what information they desire to
receive and review. The Site is merely a venue for the
dissemination of information generated by others, and
is therefore considered an "Internet Access Provider"
under Section 230 of the Communications Decency Act
of 1996. Therefore, this Site and its owners and agents
are immune from all claims and suits based on the content
of the communications passing through our Site. You
acknowledge that the Site may offer online content that
could be deemed "adult" or "erotic"
in nature. Additionally, you are on notice that some
of the Materials presented on the Site may contain graphic
depictions and descriptions of explicit, offending,
or disturbing activities. You acknowledge that you are
aware of the nature of the Materials provided by this
Site, that you are not offended by such Materials and
that you access the Site freely, voluntarily and willingly.
You are further aware of the community standards of
your community, and you will only access the content
on this Site if you believe, upon diligent investigation,
that the content on this Site does not offend the community
standards prevalent in your community. You further agree
not to use or access this Site if doing so would violate
the laws of your state, province or country.
2. Age of Majority and Fraudulent Use.
A. Age of Majority. You represent and
warrant you are at least 21 years of age, depending
on the age of majority in your jurisdiction, and that
you have the legal capacity to enter into this Agreement.
If you are not at least 21 years of age, depending on
the age of majority in your jurisdiction, you must exit
the Site immediately and may not use or access the Site
or print or download any Materials from it. You may
be asked to verify your birth date on the Birth Date
Verifier™ form as a condition of entry onto the
Site or as an age verification device to purchase services
from the Site, pursuant to 28 U.S.C. §1746. Additionally,
the Site does not assume any responsibility or liability
for any misrepresentations regarding a user's age.
B. Fraudulent Use. The Site and its
affiliates disclaim any and all liability arising from
fraudulent entry and use of the Site. If a user fraudulently
obtains access, the Site may take all necessary and
appropriate actions under applicable federal, state,
and international laws.
3. No Child Pornography.
If you seek any form of child pornography,
you must exit this Site immediately. You acknowledge
that all Materials on the Site are protected by the
First Amendment to the United States Constitution, and
that the Site contains no child pornography. We take
a strong and definite stand against child pornography
and only allow images and Materials that are protected
by the First Amendment. If you identify any images,
real or simulated, depicting minors engaged in sexual
activity within the Site, please report the images to
our customer support. Include with your report any appropriate
evidence, including the date and time of identification.
All reports will immediately be investigated and the
appropriate action will be taken. We enthusiastically
cooperate with any law-enforcement agency investigating
child pornography. If you suspect other outside websites
are participating in unlawful activities involving minors,
please report them to www.asacp.org. Users should implement
parental control protections, such as computer hardware,
software, or filtering services, which may help users
to limit minors' access to harmful material.
4. The Site is Only a Venue.
A. Online Venue. Our Site acts as a
venue to allow third parties to offer, sell, and buy
particular services as set forth in this Site from anywhere,
in a variety of formats. We are not involved in the
actual transaction between buyers and sellers. Members
accept full responsibility for any correspondence, communication
or contact with our advertisers or affiliates and understand
that the Site has no affiliation whatsoever with any
of the individuals, Business Enterprises or advertisers
who comprise the Membership of the Site. Accessing the
Site does not guarantee that you will meet, receive
responses or services from any individual or advertiser
that is posted on the Site in our database, as we do
not control advertisers in any way. Any and all fee
arrangements thereafter are strictly between the user
and any individual, service provider, Business Enterprises
and/or advertiser who accept the arrangement. As a result,
the Site has no control over the quality, safety or
legality of the services advertised, the truth or accuracy
of the listings, the ability of sellers to provide services
or the ability of buyers to purchase services. We make
NO guarantees of service provided by any individuals,
Business Enterprise, and/or advertiser. We cannot ensure
that a buyer or seller will actually complete a transaction.
B. Release. Since the Site has no affiliation
or control over users or advertisers, we shall not be
held liable for any interactions between you and any
advertiser or service provider who may also have officers,
directors, employees, shareholders, agents, or outside
contractors over whom we have no control and with whom
we have no affiliation. Because we are not involved
in the actual transaction between buyers and sellers,
in the event that you have a dispute with one or more
advertisers, you release the Site and our officers,
directors, agents, subsidiaries and employees from any
and all claims, demands and damages both actual and
consequential of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
C. Information Control. We do not control
the information provided by other users which is made
available through our system. You may find other user's
information to be offensive, harmful, inaccurate, or
deceptive. Please use caution and common sense when
using our Site. Please note that there are always risks
relating to dealing with people acting under false pretense.
We will review complaints about our users and advertisers
in order to determine if any Terms and Conditions established
by the Site have been violated. You may send an e-mail
to Violation@HotLocalEscorts.com if you wish to identify
any user or advertiser you believe is in violation of
these Terms and Conditions.
D. Disclaimer of Liability. The Site
expressly disclaims all liability that may arise from
damages incurred in using this Site including, without
limitation, false representations made by parties, the
theft or misuse of any personal information, any financial
loss not due to the fault of the Site, failed transactions,
arrangements made by you and any individual or advertiser
on the Site, purchases or functionality of the Site,
unavailability of the Site, its functions and/or services
and any other technical failure that may result in inaccessibility
to the Site. By using this Site and in consideration
of the access provided by the Site to users of this
Site, you do hereby agree to indemnify and hold the
Site and its officers, directors, employees, shareholders,
server maintainers, and agents, harmless for any and
all damages, claims and controversies that may arise
from using this Site.
5. Access to, Limited License, and Interference
with, Site.
A. Access. To access the SITE or some
of the resources it has to offer, you may be asked to
provide certain registration details or other information.
It is a condition of your use of this SITE that all
information you provide will be correct, current, and
complete. If the SITE believes the information you provide
is not correct, current, or complete, the SITE has the
right to refuse you access to the SITE or any of its
resources, and to terminate or suspend your access at
any time.
B. Limited License. Subject to these Terms and Conditions
and in consideration of using the SITE, the SITE hereby
grants you a limited, nonexclusive, nontransferable
personal license to access and use the SITE and the
Materials contained therein. The SITE provides the Materials
on this SITE for the personal, non-commercial use by
viewers, fans, visitors, subscribers and/or potential
subscribers of said SITE. Users of this SITE are granted
a single copy license to view Materials (on a single
computer only). All Materials on the SITE shall be for
private non-commercial use only, and all other uses
are strictly prohibited. SITE reserves the right to
limit the amount of materials viewed. You agree to prevent
any unauthorized copying of the SITE, or any of the
Materials contained therein. Any unauthorized use of
the SITE or any of the Materials contained therein terminates
this limited license effective immediately. This is
a license to use and access the SITE for its intended
purpose and is not a transfer of title. You represent
and warrant that you will not allow any minor access
to this SITE and that you will not copy or redistribute
any of the content appearing on this SITE. SITE reserves
the right to terminate this license at any time if you
breach or violate any provision of this Agreement, in
which case you will be obligated to immediately destroy
any information or materials you have downloaded, printed
or otherwise copied from this SITE. Violators of this
limited license may be prosecuted to the fullest extent
under the applicable law.
C. Interference. Except where expressly permitted by
law, you may not translate, reverse-engineer, decompile,
disassemble or make derivative works from our SITE's
Materials. User hereby agrees not to use any automatic
device or manual process to monitor or reproduce the
SITE, and will not use any device, software, computer
code, or virus to interfere or attempt to disrupt or
damage the SITE or any communications on it.
6. Purchases of Services.
You are obligated to complete the transaction
with the seller if you purchase a service through our
Site. All purchases are non-refundable, except in the
event of fraud or if clear typographical error is made.
By using this Site and/or purchasing services offered
herein, you are warranting and certifying that you are
21 years of age, depending on the age of majority in
your jurisdiction, and have the legal right to purchase
such services.
7. Restrictions on Use of Site.
You may use the Site only for purposes
expressly permitted by these Terms and Conditions. You
may not use the Site for any other purpose, including
any commercial purpose, without the Site's express prior
written consent. Without the express prior written authorization
of the Site, you may not: (a) duplicate the Site or
any of the Materials contained therein (except as expressly
provided above in Paragraph 5); (b) create derivative
works based on the Site or any of the Materials contained
therein; (c) use the Site or any of the Materials contained
therein for any public display, public performance,
sale or rental; (d) re-distribute the Site or any of
the Materials contained therein; (e) remove any copyright
or other proprietary notices from the Site or any of
the Materials contained therein; (f) frame or utilize
any framing techniques in connection with the Site or
any of the Materials contained therein; (g) use any
meta-tags or any other "hidden text" using
the Site's name or marks; (h) "deep-link"
to any page of the Site (including the homepage); (i)
circumvent any encryption or other security tools used
anywhere on the Site (including the theft of user names
and passwords or using another person's user name and
password in order to gain access to a restricted area
of the Site); (j) use any data mining, robots or similar
data gathering and extraction tools on the Site; (k)
decompile, reverse engineer, modify or disassemble any
of the software aspect of the Materials except and only
to the extent permitted by applicable law; (l) sell,
rent, lease, license, sublicense, transfer, distribute,
re-transmit, time-share, use as a service bureau or
otherwise assign to any third party the Materials or
any of your rights to access and use the Materials as
granted in Paragraph 5 above; or (m) bookmark any page
of the Site beyond the registration log-in screen. You
agree to cooperate with the Site in causing any unauthorized
use to cease immediately. At any time, if the Site provides
a service enabling users to share information or communicate
with other users, you hereby agree not to publish, disseminate
or submit any defamatory, offensive or illegal material
while using the Site or other services included on the
Site. You are solely responsible for submitting any
material that violates any United States or International
laws even if a claim arises after your service is terminated,
and, by doing so, your actions shall constitute a material
breach of this Agreement and the Site shall terminate
all your rights under this Agreement. If you share information
and communicate with other users, you agree that all
Materials you submit will be accessible to other users
and will not be secure or private. You hereby agree
that you have been noticed that all communications submitted
to the Site can be accessed by agents, operators, and
other users, regardless if they are the intended recipients
of the messages.
8. Termination.
Without limiting other remedies, the Site may immediately
issue a warning, temporarily suspend, indefinitely suspend
or terminate your use of the Site and refuse to provide
our services to you, with or without advance notice,
if: (a) if the Site believes that you have breached
any material term of this Agreement or the documents
it incorporates by reference; (b) if we are unable to
verify or authenticate any information you provide to
us; (c) if we believe that your actions may cause legal
liability for you, our users or us; or (d) if the Site
decides to cease operations or to otherwise discontinue
any part of the Site. Further, you agree that neither
the Site nor any third party acting on our behalf shall
be liable to you for any termination of your access
to any of the Sites. The Site has no interest in arranging
sexual activity. Both users and Advertisers that are
reported as using the Site to arrange for sexual encounters
will be immediately terminated from using the Site.
9. Privacy.
To view our privacy policy please click
here
10. Links and Linking.
Some websites which are linked to the
Site are owned and operated by third parties. Because
the Site has no control over such sites and resources,
you acknowledge and agree that the Site is not responsible
for the availability of such external sites or resources,
and does not endorse and is not responsible or liable
for any content, advertising, services, products, or
other materials on or available from such sites or resources.
You further acknowledge and agree that the Site 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 use of or reliance on any such
third-party content available on or through any such
site or resource. If you decide to access any such third
party sites, you do so entirely at your own risk and
subject to any terms and conditions and privacy policies
posted therein. Users further acknowledge that use of
any website controlled, owned or operated by third parties
is governed by the terms and conditions of use for those
websites, and not by this Site's User Agreement or Privacy
Policy. Links to external websites (including external
websites that are framed by the Site) or inclusions
of advertisements do not constitute an endorsement by
the Site of such sites or the content, products, advertising
or other materials presented on such sites, but are
for User's convenience. Users access them at their own
risk. The Site expressly disclaims any liability for
any damages whatsoever incurred by any user in connection
with the use of any websites, the access to which was
found through this Site. The Site expressly disclaims
any liability derived from the use and/or viewing of
any links that may appear on this Site. All users do
hereby agree to hold the Site harmless from any liability
that may result from the use of links that may appear
on the Site.
11. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THE
SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT
YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED
THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE
SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES THE SITE MAKE
ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE
SITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU
ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. SITE MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH
THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL
OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
12. DISCLAIMER.
OUR SITE ACTS ONLY AS A VENUE TO ALLOW
ADVERTISERS TO OFFER, SELL, AND BUY PARTICULAR SERVICES.
THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION
OF ANY LAWS IS STRICTLY PROHIBITED. IF WE DETERMINE
THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO PURCHASE
OR PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR
ABILITY TO USE THE SITE WILL BE TERMINATED IMMEDIATELY.
WE DO HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT
MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY
PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO
DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY
THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO
HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD
PARTY BE HARMED BY YOUR ILLEGAL ACTIONS OR SHOULD WE
BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT
LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY
NOT AFFILIATED WITH THIS SITE. OUR SITE CONTAINS MATERIAL
THAT MAY BE OFFENSIVE TO THIRD PARTIES. YOU DO HEREBY
AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY
THAT MAY ARISE FROM REVIEWING SUCH MATERIAL AND WARRANT
AND AGREE TO CEASE REVIEW OF THE SITE SHOULD YOU FIND
IT OFFENSIVE. BY PROVIDING A VENUE FOR THE SERVICES
ADVERTISED ON OUR SITE, WE DO NOT ENDORSE OR ENCOURAGE
ANY PARTY TO BECOME AFFILIATED WITH OUR SITE. WE DO
NOT HAVE ANY AFFILIATION, EITHER LEGAL OR OTHERWISE,
WHATSOEVER WITH ANY ADVERTISERS OR USERS OF THE SITE,
EXCEPT THROUGH CONTRACTUAL AGREEMENTS, AND EXPRESSLY
DISCLAIM ANY LIABILITY FROM THE FULFILLMENT AND/OR PROVISION
OF THEIR SERVICES. IF YOU ARE SEEKING SERVICES THAT
ARE IN VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER,
YOU MAY NOT USE THIS SITE AND DO HEREBY AGREE TO EXIT
IT IMMEDIATELY.
13. Liability Limit.
IN NO EVENT SHALL THE SITE (OR ITS LICENSORS,
AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR
ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU,
OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON'S
USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF
THE MATERIALS CONTAINED THEREIN, EVEN IF THE SITE HAS
BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS
IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS
AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE
BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE SITE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE SITE'S MAXIMUM TOTAL AGGREGRATE
LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL
FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE FOR A
PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL
OF THE APPLICABLE CAUSE OR CAUSES OF ACTION OR $500.00,
WHICHEVER IS GREATER. BECAUSE SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
14. Indemnity.
You agree to defend, indemnify, and
hold harmless the Site, its officers, directors, shareholders,
employees, server maintainers, independent contractors
and agents, from and against any and all claims, actions,
liabilities, costs, or demands, including without limitation
legal and accounting fees, for all damages directly,
indirectly, and/or consequentially resulting or allegedly
resulting from your, or you under another person's authority
including without limitation to governmental agencies,
use, misuse, or inability to use the Site or any of
the Materials contained therein, or your breach of any
of these Terms and Conditions. The Site shall promptly
notify you by electronic mail of any such claim or suit,
and cooperate fully (at your expense) in the defense
of such claim or suit. The Site may participate in the
defense of such claim or defense at its own expense,
and choose its own legal counsel, but is not obligated
to do so.
15. Legal Compliance.
By accessing this Site, you agree to
comply with any and all applicable domestic and international
laws, statutes, ordinances and regulations regarding
your use of our service and your listing, purchase,
solicitation of offers to purchase, and sale of services
or products. You also agree that you are not using this
Site as a means to purchase or solicit illegal activities.
IF WE DETERMINE THAT YOU INTEND TO USE THIS SITE FOR
ANY ILLEGAL PURPOSES, WE EXPRESSLY RESERVE THE RIGHT
TO TERMINATE YOUR ACCESS TO THIS SITE IMMEDIATELY.
16. No Agency.
Nothing in this Agreement shall be deemed
to constitute, create, imply, give effect to, or otherwise
recognize a partnership, employment, joint venture or
formal business entity of any kind; and the rights and
obligations of the parties shall be limited to those
expressly set forth herein.
17. Notices.
A. Notice. Any notice required to be
given under this Agreement may be provided by email
to a functioning email address of the party to be noticed,
or personal delivery by commercial carrier such as FedEx
or Airborne.
B. Change of Address. Either party may
change the address to which notice is to be sent by
written notice to the other party pursuant to this provision
of the Agreement.
C. When Notice is Effective. Notices
shall be deemed effective upon delivery. Notices delivered
by overnight carrier (e.g., United States Express Mail
or Federal Express) shall be deemed delivered on the
business day following mailing. Notices mailed by United
States Mail, postage prepaid, registered or certified
with return receipt requested, shall be deemed delivered
five (5) days after mailing. Notices delivered by any
other method shall be deemed given upon receipt. Notices
by email and facsimile transmission, with confirmation
from the transmitting machine that the transmission
was completed, are acceptable under this Agreement provided
that they are delivered one (1) hour after transmission
if sent during the recipient's business hours, or 9:00
a.m. (recipient's time) the next business day. Either
Party may, by giving the other Party appropriate written
notice, change the designated address, fax number and/or
recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable
Notice. Any correctly addressed notice that is refused,
unclaimed, or undeliverable, because of an act or omission
of the Party to be notified shall be deemed effective
as of the first date that said notice was refused or
deemed undeliverable by the postal authorities, messenger,
facsimile machine, email server, or overnight delivery
service.
18. Trademark Information.
The terms "HotLocalEscorts.com"
and "Hot Local Escorts" are service marks
of the Site. The Site's logo, domains, service marks,
and trademarks may not be used publicly except with
the Site's written permission. We aggressively defend
our intellectual property rights. Other manufacturers'
service names referenced herein may be trademarks and
service marks of their respective companies and are
the exclusive property of such respective owners. The
Site's marks may not be used publicly except with express
written permission from the Site, and may not be used
in any manner that is likely to cause confusion among
consumers, or in any manner that disparages or discredits
the Site.
19. Copyright Information.
The Materials accessible from the Site,
and any other World Wide Web site owned, operated, licensed,
or controlled by Site is the proprietary information
and valuable intellectual property of the Site and the
Site retains all right, title, and interest in the Materials.
Accordingly, the Materials may not be copied, distributed,
republished, uploaded, posted, or transmitted in any
way without the prior written consent of the Site, except
that you may print out a copy of the Materials solely
for your personal use. In doing so, you may not remove
or alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary
notice or legend appearing on any of the Materials.
Modification or use of the Materials except as expressly
provided in these Terms and Conditions violates the
Site's intellectual property rights. Neither title nor
intellectual property rights are transferred to you
by access to the Site. All Materials included on the
Site, such as text, graphics, photographs, video and
audio clips, music, soundtracks, button icons, streaming
data, animation, images, downloadable materials, data
compilations and software is the property of the Site
or its content suppliers and is protected by United
States and international copyright laws. The compilation
of all Materials on the Site is the exclusive property
of the Site or its content suppliers and protected by
United States and international copyright laws, as well
as other laws and regulations.
20. Notice of Claimed Infringement.
The Site respects the intellectual property
of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please
provide the Site the following information:
(A) an electronic or physical signature
of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
(B) description of the copyrighted work
or other intellectual property that you claim has been
infringed;
(C) a description of where the material
that you claim is infringing is located on a Site;
(D) your address, telephone number,
and email address;
(E) a statement by you that you have
a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
(F) a statement by you, made under penalty
of perjury, that the above information in your Notice
is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright
or intellectual property owner's behalf.
You may send your Notice of Claimed
Infringement to:
Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
Phone: (407) 389-4529
Fax: (407) 774-6151
Larry@LawrenceWalters.com
Please do not sent other inquires or
information to our Designated Agent.
21. Notice and Takedown Procedures.
The Site implements the following "notice
and takedown" procedure upon receipt of any notification
of claimed copyright infringement. The Site reserves
the right at any time to disable access to, or remove
any material or activity accessible on or from any Site
or any Materials claimed to be infringing or based on
facts or circumstances from which infringing activity
is apparent. It is the firm policy of the Site to terminate
the account of repeat copyright infringers, when appropriate,
and the Site will act expeditiously to remove access
to all material that infringes on another's copyright,
according to the procedure set forth in 17 U.S.C. §512
of the Digital Millennium Copyright Act ("DMCA").
The Site's DMCA Notice Procedures are set forth in the
preceding paragraph. If the notice does not comply with
Paragraph 19 and §512 of the DMCA, but does comply
with three requirements for identifying sites that are
infringing according to §512 of the DMCA, the Site
shall attempt to contact or take other reasonable steps
to contact the complaining party to help that party
comply with the notice requirements. When the Designated
Agent receives a valid notice, the Site will expeditiously
remove and/or disable access to the infringing material
and shall notify the affected user. Then, the affected
user may submit a counter-notification to the Designated
Agent containing a statement made under penalty of perjury
that the user has a good faith belief that the material
was removed because of misidentification of the material.
After the Designated Agent receives the counter-notification,
it will replace the material at issue within 10-14 days
after receipt of the counter-notification unless the
Designated Agent receives notice that a court action
has been filed by the complaining party seeking an injunction
against the infringing activity. The Site reserves the
right to modify, alter or add to this policy, and all
users should regularly check back to these Terms and
Conditions to stay current on any such changes.
22. Communications not Private
SITE does not provide any facility for
sending or receiving private or confidential electronic
communications. All messages transmitted to SITE shall
be deemed to be readily accessible to the general public.
Visitors should not use this SITE to transmit 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 SITE can and may
be read by the agents and operators of this service,
regardless of whether they are the intended recipients
of such messages.
23. Force Majeure.
The Site shall not be responsible for
any failure to perform due to unforeseen circumstances
or to causes beyond our reasonable control, including
but not limited to acts of God; war, riot, embargoes,
acts of civil or military authority, or terrorism; fire,
flood, earthquakes, hurricanes, tropical storms or other
natural disasters; fiber cuts; strikes, or shortages
in transportation, facilities, fuel, energy, labor or
materials; failure of the telecommunications or information
services infrastructure; hacking, SPAM, or any failure
of a computer, server or software, including Y2K errors
or omissions.
24. General Provisions.
A. Governing Law and Venue. These Terms
and Conditions and all matters arising out of or otherwise
relating to these Terms and Conditions shall be governed
by the laws of the State of Florida, excluding its conflict
of law provisions. The parties agree that the United
Nations Convention on Contracts for the International
Sale of Goods is specifically excluded from application
to these Terms and Conditions. The parties hereby submit
to the personal jurisdiction of the state and federal
courts of the State of Florida. Exclusive venue for
any litigation or arbitration permitted under this Agreement
shall be with the state and federal courts located in
Seminole County, Florida.
B. Arbitration. If there is a dispute
between the Parties arising out of or otherwise relating
to this Agreement, the Parties shall meet and negotiate
in good faith to attempt to resolve the dispute. If
the Parties are unable to resolve the dispute through
direct negotiations, then, except as otherwise provided
herein, either Party may submit the issue to binding
arbitration in accordance with the then-existing Commercial
Arbitration Rules of the American Arbitration Association.
Arbitral Claims shall include, but are not limited to,
contract and tort claims of all kinds, and all claims
based on any federal, state or local law, statute, or
regulation, excepting only claims under applicable worker's
compensation law, unemployment insurance claims, actions
for injunctions, attachment, garnishment, and other
equitable relief. The arbitration shall be conducted
in Seminole County, Florida, and conducted by a single
arbitrator, knowledgeable in Internet and e-Commerce
disputes. The Party bringing the action shall be responsible
for paying all costs for arbitration, including the
arbitrator's fees. The arbitrator shall have no authority
to award any punitive or exemplary damages; certify
a class action; add any parties; vary or ignore the
provisions of these Terms and Conditions; and shall
be bound by governing and applicable law. The arbitrator
shall render a written opinion setting forth all material
facts and the basis of his or her decision within thirty
(30) days of the conclusion of the arbitration proceeding.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO
TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
C. Assignment. The rights and liabilities
of the parties hereto will bind and inure to the benefit
of their respective assignees, successors, executors,
and administrators, as the case may be. Neither this
Agreement nor any rights granted hereunder may be sold,
leased, assigned or otherwise transferred, in whole
or in part by you.
D. Severability. If for any reason a
court of competent jurisdiction or an arbitrator finds
any provision of this Agreement, or any portion thereof,
to be unenforceable, that provision will be enforced
to the maximum extent permissible and the remainder
of this Agreement will continue in full force and effect.
E. No Waiver. No waiver of the Site
shall be deemed a waiver of any subsequent default of
the same provision of this Agreement. If any term, clause
or provision hereof is held invalid or unenforceable
by a court of competent jurisdiction, such invalidity
shall not affect the validity or operation of any other
term, clause or provision and such invalid term, clause
or provision shall be deemed to be severed from this
Agreement.
F. Headings. All headings are solely
for the convenience of reference and shall not affect
the meaning, construction or effect of this Agreement.
G. Complete Agreement. This Agreement
constitutes the entire understanding of the parties
in connection with your access and use of any of the
Site and any Materials contained therein, and revoke
and supersede all prior agreements between the parties
and are intended as a final expression of the terms
and conditions upon which you may access and use the
Site. This Agreement shall take precedence over any
other documents which may conflict with them regarding
your access and use of the Site.
H. Modifications. The Site reserves
the right to change any of the provisions posted herein
and you agree to review this Agreement each time you
visit the Site. Your continued use of the Site following
the Site's posting of any changes to this Agreement
constitutes your acceptance to such changes. The Site
does not and will not assume any obligation to provide
you with notice of any change to this Agreement.
I. Government Rights. The software elements
of this Site have been developed at private expense
and are "commercial computer software" or
"restricted computer software" within the
meaning of the FARs, the DFARs, and any other similar
regulations relating to government acquisition of computer
software. Nothing contained herein will be deemed to:
(1) grant any government agency any license or other
rights greater than are mandated by statute or regulation
for commercial computer software developed entirely
at private expense, or (2) restrict any government rights
in any extensions or custom solutions provided hereunder
and developed at government expense.
J. Other Jurisdictions. The Site makes
no representation that the Site or any of the Materials
contained therein are appropriate or available for use
in other locations, and access to them from territories
where their content may be illegal or is otherwise prohibited.
Those who choose to access the Site from such locations
do it on their own initiative and are solely responsible
for compliance with all applicable local laws.
K. Attorney's Fees. In the event any
Party shall commence any claims, actions, formal legal
action, or arbitration to interpret and/or enforce the
terms and conditions of this Agreement, or relating
in any way to this Agreement, including without limitation
asserted breaches of representations and warranties,
the prevailing party in any such action or proceeding
shall be entitled to recover, in addition to all other
available relief, its reasonable attorney's fees and
costs incurred in connection therewith, including attorney's
fees incurred on appeal.
L. Rights to Injunctive Relief. Both
parties acknowledge that remedies at law may be inadequate
to provide an aggrieved party with full compensation
in the event of the other party's breach, and that an
aggrieved party shall therefore be entitled to seek
injunctive relief in the event of any such breach, in
addition to seeking all other remedies available at
law or in equity.
25. Consumer Rights Information - California
Residents.