Website Terms & Conditions ("Terms")
- CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Site, the Company does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) the Company has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Site is accurate or complete. Your use of the Site and the services offered therein are subject to federal law, and the laws of the State of Florida.
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
- SITE USE AND CONTENT. You may view, copy or print pages from the Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from the Site without the express, prior, written consent of the Company. At any time, we may, without further notice, make changes to the Site, to these Terms and/or to the services described in these Terms.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY PROVIDES THE SITE ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE SITE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold the Company and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by the Company, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation, any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation, any copyright, property, or privacy right.
(c) NOT INVESTMENT ADVICE. COMPANY DOES NOT INTEND TO PROVIDE ANY INVESTMENT ADVICE OR INFORMATION RELATING TO ITSELF OR ANY COMPANY IDENTIFIED ON THE SITE. Nevertheless, the Site may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies. The Company cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Site. Accordingly, there can be no assurance that such indicated results will be realized. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Site operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- THIRD PARTY CONTENT.
(a) The Company may provide hyperlinks to other websites maintained by third parties, or the Company may provide third party content on the Site by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third-party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the Company. In most cases, the Company is not even aware that a third party has linked to the Site. A website that links to the Site: (i) may link to, but not replicate, Company’s Content; (ii) may not create a browser, border environment or frame Company’s Content; (iii) may not imply that Company is endorsing it or its products; (iv) may not misrepresent its relationship with Company; (v) may not present false or misleading information about Company’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
- COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Site are the Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. The Company is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of the Company that may be referred to on the Site are the property of the Company. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company’s trademarks or service marks without the Company’s prior written permission. The Company aggressively enforces its intellectual property rights. Neither the name of the Company nor any of the Company’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without the Company’s prior written permission. If you believe that any Content on the Site violates any intellectual property right of yours, please contact the Company at the address, email address or telephone number set forth at the bottom of these Terms.
- LOCAL LAWS. The Company makes no representation that content or materials on the Site are appropriate or available for use in jurisdictions outside the United States. Access to the Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. The Company is not responsible for any violation of law. You may not use or export the Content or materials in the Site in violation of U.S. export laws and regulations. You agree that the Site and these Terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state of Florida. Except if services are provided in accordance with the Additional Terms, the Site shall be deemed a passive website and service that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Florida, sitting in Pinellas County. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
- AVAILABILITY. Information and Content that the Company publishes on the Site may contain references or cross-references to products, programs or services of the Company that are not necessarily announced or available in your area. Such references do not mean that the Company will announce any of those products, programs or services in your area at any time in the future. You should contact the Company for information regarding the products, programs and services that may be available to you, if any.
- CONTACT INFORMATION. Any questions or correspondence relating to these terms or to the Site may be sent by email to email@example.com. Any other correspondence may be addressed to Orchid Black, 1601 3rd St. S., Suite F, St. Petersburg, Florida 33701.
Your Consent to this Agreement
By accessing and using the Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Site. Your use of the Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Site that you think is inappropriate, please let us know by email firstname.lastname@example.org.
Effective as of June 25, 2020