Terms Of Use & Service
IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS
SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE
SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.
PLEASE CONSULT THESE TERMS OF
USE PRIOR TO EVERY USE FOR ANY CHANGES.
Access To This Site
YOU MUST BE EIGHTEEN
(18) YEARS OR OLDER TO ACCESS THIS WEB
SITE. IF YOU ARE UNDER EIGHTEEN
YEARS OF AGE, YOU ARE NOT
PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE
AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE,
FALLS WITHIN THE CHILD
ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING
SO.
To access this 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 the information you provide on this site will be correct,
current, and complete.
If our Company believes the information you provide is not correct, current, or complete,
we have the right to refuse you access to this site or any of its resources,
and
to terminate or suspend your access at any time, without notice.
Restrictions On Use
You may use this site for purposes expressly permitted by this site. You may not use
this site for any other purpose,
including any commercial purpose, without
our Company's express
prior written consent. For
example, you may not (and may
not
authorize any other party to) (i) co-brand this site, or (ii) frame
this site, or (iii)
hyper-link to this site, without the
express prior written permission of an
authorized representative of our Company. For purposes
of these Terms of Use, "co-branding" means to display
a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression
that such other party has
the right
to display,
publish, or distribute this site or content
accessible within this site.
You
agree to cooperate
with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Proprietary Information
The material
and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site owned, operated,
licensed, or controlled
by our Company is the proprietary information of our Company or the party that provided
the Content to our Company, and our Company
or the party that
provided the Content to our Company retains all right, title,
and interest in the Content.
Accordingly, the Content may not be copied,
distributed, republished, uploaded,
posted, or transmitted in any way without the prior written consent of our Company, or unless
authorized in writing elsewhere on our site, except that you may print out a copy of the Content 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 Content.
Modification or use of the Content
except as expressly provided in these Terms of Use violates our Company's intellectual property
rights. Neither title nor intellectual property rights are transferred to you by access to this site.
Hyper-Links
This site may be hyper-linked to other sites which are not maintained by, or related
to, our Company. Hyper-links to such sites are provided
as a service to users and are not sponsored
by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content
of those sites. Hyper-links are
to be
accessed at the user's own risk,
and our Company makes no representations
or warranties
about the content, completeness or accuracy of these
hyper-links or the sites hyper-linked to this site.
Further, the inclusion
of any hyper- link to a third-party site does not necessarily imply
endorsement by our Company of
that site.
Submissions
You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display
all content, remarks,
suggestions, ideas, graphics, or other information communicated to our Company
through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form,
media, or technology
now known or later
developed. Our Company will not be required
to treat any Submission as confidential,
and may use any Submission in its business
(including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result
of any similarities that may appear
in future Company operations.
Our Company
will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this
site.
Disclaimer
You understand that our Company cannot and does not guarantee or warrant that files available for downloading
from the Internet will be
free of viruses, worms, Trojan
horses or other code that may
manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your
particular requirements for accuracy of data input and output,
and for maintaining a means external
to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete
and up-to-date and should not be used
to
replace any written
reports, statements, or notices provided
by Company. Investors, borrowers, and other persons
should use the Content in the same manner as any other educational medium and should
not rely on the Content
to the exclusion of their own
professional judgment. Information obtained by using this site is not exhaustive and does
not cover all issues, topics, or facts that
may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. OUR
COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OUR COMPANY DOES
NOT WARRANT THAT THE FUNCTIONS
OR CONTENT CONTAINED
IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR COMPANY DOES
NOT WARRANT OR MAKE ANY
REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE
CONTENT IN TERMS OF ACCURACY,
RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY
MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT
OUR COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR
ITS CONTENT.
OUR COMPANY MAKES
NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical
in nature or forward-looking,
speaks only as of the date the information is posted on this site, and
Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no
longer, accurate or complete.
Limitation
On Liability
COMPANY,
ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR
OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL THE COLLECTIVE LIABILITY
OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, OR OTHERWISE) EXCEED THE GREATER
OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE
CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content
providers, service providers, employees, agents, officers,
directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these
Terms of Use by you, including any use of Content other than as expressly authorized
in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach
or unauthorized use, and you agree to indemnify any and
all resulting loss, damages, judgments, awards, costs, expenses,
and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against
any claims brought
by third parties arising out of your use of the information accessed from this site.
Trademarks
Trademarks, service marks, and
logos appearing in this site are the property
of Company or the party that
provided the trademarks, service marks,
and logos to Company. Company and
any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective
trademarks, service marks, and logos appearing
in this site.
Information You Provide
You may not post, send, submit,
publish, or transmit
in connection with this site any
material that:
·
you do not have the right to post, including
proprietary material of any third party;
·
advocates illegal
activity or discusses an intent to commit an illegal
act;
·
is vulgar, obscene,
pornographic, or indecent;
·
does not pertain directly to this site;
·
threatens or abuses others, libels,
defames, invades privacy,
stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
·
seeks to exploit
or harm children by exposing them to inappropriate content,
asking for personally identifiable details or otherwise;
·
infringes any intellectual property or other right of any entity
or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
·
violates any law or may be considered to violate any law;
·
impersonates or misrepresents your connection to any other entity or person or
otherwise manipulates headers or identifiers to disguise the origin of the content;
·
advertises any commercial endeavor (e.g., offering
for sale products
or services) or otherwise engages in any commercial activity
(e.g., conducting raffles
or contests, displaying sponsorship banners, and/or soliciting goods or services)
except as may be specifically authorized on this site;
·
solicits funds, advertisers or sponsors;
·
includes programs which contain viruses,
worms and/or Trojan horses or any other computer code, files or programs designed
to interrupt, destroy
or limit the functionality of any computer
software or hardware
or telecommunications;
·
disrupts the normal
flow of dialogue, causes a screen to scroll faster than other users
are able to type, or otherwise act in a way which affects the ability of other people to
engage in real time activities via this site;
·
includes MP3 format files;
·
amounts to a 'pyramid' or similar scheme;
·
disobeys any policy
or regulations established from time to time regarding
use of this site or any networks connected
to this site; or
·
contains hyper-links to other sites that
contain content that falls within
the
descriptions set forth above.
Although under no
obligation to do so, our Company
reserves the right to monitor use of this
site to determine
compliance with these Terms of Use, as well the right to remove
or refuse any information for any reason.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides
Content to Company will assume or have
any liability for any action or inaction by
Company or such third party with respect to
any submission.
Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any).
Company will be entitled
to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled
to require the password to be
changed and/or terminate your account.
You are prohibited from using any services or facilities provided
in connection with this
site to compromise security or tamper with system resources
and/or accounts. The use or
distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing
tools) is strictly
prohibited. If you become
involved in any violation of system security,
Company reserves the right to release your details to system administrators at other sites in order to assist them
in resolving security incidents. Company reserves the right to investigate suspected
violations of these Terms
of Use.
Company reserves the right to fully cooperate with any law enforcement
authorities or court order
requesting or directing
Company to disclose
the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are
believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT
YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY]
OR LAW ENFORCEMENT
AUTHORITIES.
Miscellaneous
CONFLICTS And ARBITRATION
This Legal Agreement will
be governed and interpreted pursuant to the laws of Florida, United
States of America, notwithstanding any principles of conflicts of law.
You specifically consent to personal jurisdiction in Fort Lauderdale, Florida
in connection with any dispute between you and Company arising out
of these Legal Agreement or pertaining to the subject matter
hereof. If you do not agree you have the choice to leave and not use
this Web site.
The parties agree that any claim or dispute between them,
or against any agent, employee, successor, or assign of the other, whether
related to this agreement or otherwise, including the validity of this
arbitration clause, that cannot be settled within six months after the time the
dispute has been raised by one party regarding the interpretation of any
provision of this agreement, and nothing else, shall be settled by binding
arbitration. Any such arbitration proceeding, including the interpretation of
this agreement, shall be conducted in Fort Lauderdale, Florida under the laws
of the State of Florida and in accordance with the rules of the American
Arbitration Association or its successor. Any judgment upon an award rendered
by the arbiters, including remedies of repossession, replevin, or other
remedies where property would be subject to reclamation or disposition, may be
entered in the Federal and State Courts of the State of Florida and in any
other Court having jurisdiction. The arbiters shall not have the power to amend
this agreement in any respect. In the event a court having jurisdiction finds
any portion of this agreement unenforceable, that portion shall not be
effective and the remainder of the agreement shall remain effective. This
agreement shall be governed by and interpreted under the Federal Arbitration
Act, 9 U.S.C. Sections 1-16. Each party shall bear and be responsible for
their own costs and attorney fees.
The parties to this Legal
Agreement each agree that the exclusive venue for any dispute between the
parties arising out of these Legal Agreement or pertaining to the subject
matter of these Legal Agreement will be in Fort Lauderdale, Florida.
If any part of this Legal Agreement is unlawful, void or unenforceable, that
part will be deemed severable and will not affect the validity and enforceability
of any remaining provisions. This Legal Agreement constitutes the entire
agreement among the parties relating to this subject matter.
Notwithstanding the foregoing, any additional terms and conditions on this site
will govern the items to which they pertain.
You agree that you will
not join any other party in any dispute you have with Company and that you must
bring any action under this agreement as a sole individual.
The terms constituting
this offering are set forth in writing on this Web site. Whether or not
you choose to print this License, containing the terms and conditions as
described herein, you agree that this contract constitutes a writing.
This Agreement is being written in U.S.A. English,
which is to be the official language of the contract’s text and
interpretation. If you do not agree with the above terms and conditions,
you have the option to leave and not use this Web site.
Last updated:
August 3, 2020
Copyright © 2003-2020 WebsiteLegalForms.com for D. Robert
Silber, President of Company D. Robert
Silber P.A.
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