Updated as of March 3, 2015
In order to use the Website, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and/or the mobile telephone voice and/or data network, including a computer and modem or other access device.
DESCRIPTION OF SERVICE
We grant you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify any portion of the Website, except as specifically authorized on the Website or otherwise with our express written consent. This license does not include any resale or commercial use of the Website, or the contents of the Website; any derivative use of the Website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by us; or any use of data mining, robots, or similar data gathering and extraction services. The Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Certain portions of the Website allow you to post or upload comments, materials, information, or other content (collectively, "User Generated Content"). We do not, and you agree that we have no obligation to, review the User Generated Content posted and/or submitted by users accessing the Website, that we are not in any manner responsible for User Generated Content, that we do not guarantee the accuracy, integrity or quality of User Generated Content, and that we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily ours.
Notwithstanding the foregoing, you acknowledge and agree that we have the absolute right to monitor User Generated Content posted to the Website in our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
Your User Generated Content is not confidential or proprietary. You grant to us a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later known without limitation including but not limited to the right to sublicense and assign and commercialize without any compensation due to you.
Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk.
The Website is a place to share your thoughts and opinions. When leaving comments on the Website, please respect the rights of fellow community members by observing the following guidelines:
- Do not post comments that are irrelevant to the issues and ideas being discussed directly on the Website.
- Do not post content that can be construed as threatening, harassing, defamatory, or libelous.
- Do not make statements that are intentionally false or misleading in nature.
- Do not solicit offers to buy or sell products/services or otherwise attempt to engage in commercial transactions.
- Do not post content that infringes on copyrights or trademarks.
- Do not post information that you know to be confidential, sensitive or proprietary in nature.
All materials on the Website, including, without limitation, text, graphics, logos, audio clips, data compilations, posts, listings, images, illustrations (collectively, the "Content") are protected by copyright or other intellectual property laws and owned or controlled by us or the party credited as the provider of the Content. The compilation of all Content on the Website is our exclusive property and is protected by copyright law.
Except as expressly provided in "Description of Service" above, your use of and access to the Website does not grant you any license or right to use any of our trademarks, trade names or copyrights.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written 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 (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Nancy Strickman Stein
Address: 6619 South Dixie Highway, No. 270, Miami, Florida 33143
We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there can be penalties for false claims under the DMCA.
We may, in appropriate circumstances and in our sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the Website.
Registration may be required for the use of certain portions of the Website, including to post User Generated Content. Your registration shall not impose any duty on us to provide any particular service to you.
If you choose to register, your username and password will be your identity for purposes of interacting with the Website and other users through the Website. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Website. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Website. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
If we collect any information during the registration process, we will only collect information from those of you who have attained the age of majority in your place of residence. The Website is not directed to children.
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 content, products, goods or services available on or through any such site or resource.
RELATIONSHIPS WITH SERVICE PROVIDERS
To the extent you retain the services of any of the service providers listed in the Website directory, you do so at your sole risk. Any such provider is listed solely for your convenience and shall not be deemed to be acting under our control or supervision. All such providers are deemed independent contractors. They are not acting as our agents or representatives and we are not responsbile for their actions.
DISCLAIMER OF WARRANTY
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE DO NOT WARRANT THAT THE WEBSITE AND/OR ITS SERVERS, OR E- MAIL SENT FROM US OR THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO US.
IF DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S.$100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.