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Official Sun Palm Financial Website
Terms of Service
Read the text below for clarity. Thank you!
TERMS OF SERVICE
Last updated July
09, 2023
09, 2023
AGREEMENT TO OUR LEGAL
TERMS
TERMS
We are Sun Palm Financial
LLC (“Company,” “we,”
“us,” “our“), a company registered
in Florida, United
States at P.O. Box 1192,
Fort Pierce , FL 34954.
LLC (“Company,” “we,”
“us,” “our“), a company registered
in Florida, United
States at P.O. Box 1192,
Fort Pierce , FL 34954.
We operate the website sunpalmfinancial.com (the “Site“), as well as any other related products and services that refer
or link to these legal terms (the “Legal
Terms“) (collectively, the “Services“).
or link to these legal terms (the “Legal
Terms“) (collectively, the “Services“).
You can contact us by email at sunpalmfinancial@sunpalmfinancial.com or by mail to P.O. Box 1192, Fort Pierce , FL 34954, United States.
These Legal Terms constitute
a legally binding agreement made between you, whether personally or on behalf of an entity
(“you“), and Sun Palm Financial
LLC, concerning your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF
YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
a legally binding agreement made between you, whether personally or on behalf of an entity
(“you“), and Sun Palm Financial
LLC, concerning your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF
YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Services from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Legal Terms at any
time and for any reason. We will alert you about
any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to
receive specific notice of each such change. It is your responsibility to periodically review these
Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any revised Legal Terms by your
continued use of the Services after the date such revised Legal Terms are posted.
conditions or documents that may be posted on the Services from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Legal Terms at any
time and for any reason. We will alert you about
any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to
receive specific notice of each such change. It is your responsibility to periodically review these
Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any revised Legal Terms by your
continued use of the Services after the date such revised Legal Terms are posted.
The Services are
intended for users who are at least 13 years of age. All users who are minors in the jurisdiction
in which they reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Services. If you are a minor, you must
have your parent or guardian read and agree to these Legal Terms prior to you using the
Services.
intended for users who are at least 13 years of age. All users who are minors in the jurisdiction
in which they reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Services. If you are a minor, you must
have your parent or guardian read and agree to these Legal Terms prior to you using the
Services.
We recommend that you print a copy of
these Legal Terms for your records.
these Legal Terms for your records.
TABLE
OF CONTENTS
OF CONTENTS
1. OUR SERVICES
The
information provided when using the Services is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.
information provided when using the Services is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.
Advisory services are offered through Sun Palm Financial LLC, a registered
investment adviser located in Florida, therefore any consultation is assumed under Florida law.
Registration does not imply a certain level of skill or training. Sun Palm Financial LLC may only
transact business in those states in which it is noticed filed, or qualifies for an exemption or
exclusion from notice filing requirements. Sun Palm Financial LLC does not make any
representations or warranties as to the accuracy, timeliness, suitability, completeness, or
relevance of any information prepared by any unaffiliated third party, whether linked to this
website or incorporated herein, and takes no responsibility thereof. Additionally, due to the
nature of the financial industry, company products and ratings may change. All such information
is provided solely for investment philosophy and convenience purposes only and all users
thereof should independently confirm company products and ratings and be guided accordingly.
This website and information are provided for guidance and information purposes only.
Investments involve risk and unless otherwise stated, are not guaranteed. Be sure to first
consult with your current qualified financial adviser and/or tax professional before implementing
any strategy. This website is limited to the dissemination of general information pertaining to
advisory services, together with access to additional investment-related information,
publications, and links. Accordingly, the publication of this website on the Internet should not be
construed by any consumer and/or prospective client as a solicitation to effect, or attempt to
effect transactions in securities, or the rendering of personalized investment advice for
compensation, over the Internet. Any subsequent, direct communication by Sun Palm Financial
LLC with a prospective client shall be conducted by a representative that is either registered or
qualifies for an exemption or exclusion from registration in the state where the prospective client
resides.
This website and information are not intended to provide investment, tax, or legal advice.
Insurance products and services are offered and sold through individually licensed and
appointed insurance agents. Investing involves risk, including the potential loss of principal. No
investment strategy can guarantee a profit or protect against loss in periods of declining values.
None of the information contained on this website shall constitute an offer to sell or solicit any
offer to buy a security or any insurance product.
investment adviser located in Florida, therefore any consultation is assumed under Florida law.
Registration does not imply a certain level of skill or training. Sun Palm Financial LLC may only
transact business in those states in which it is noticed filed, or qualifies for an exemption or
exclusion from notice filing requirements. Sun Palm Financial LLC does not make any
representations or warranties as to the accuracy, timeliness, suitability, completeness, or
relevance of any information prepared by any unaffiliated third party, whether linked to this
website or incorporated herein, and takes no responsibility thereof. Additionally, due to the
nature of the financial industry, company products and ratings may change. All such information
is provided solely for investment philosophy and convenience purposes only and all users
thereof should independently confirm company products and ratings and be guided accordingly.
This website and information are provided for guidance and information purposes only.
Investments involve risk and unless otherwise stated, are not guaranteed. Be sure to first
consult with your current qualified financial adviser and/or tax professional before implementing
any strategy. This website is limited to the dissemination of general information pertaining to
advisory services, together with access to additional investment-related information,
publications, and links. Accordingly, the publication of this website on the Internet should not be
construed by any consumer and/or prospective client as a solicitation to effect, or attempt to
effect transactions in securities, or the rendering of personalized investment advice for
compensation, over the Internet. Any subsequent, direct communication by Sun Palm Financial
LLC with a prospective client shall be conducted by a representative that is either registered or
qualifies for an exemption or exclusion from registration in the state where the prospective client
resides.
This website and information are not intended to provide investment, tax, or legal advice.
Insurance products and services are offered and sold through individually licensed and
appointed insurance agents. Investing involves risk, including the potential loss of principal. No
investment strategy can guarantee a profit or protect against loss in periods of declining values.
None of the information contained on this website shall constitute an offer to sell or solicit any
offer to buy a security or any insurance product.
2. INTELLECTUAL
PROPERTY RIGHTS
PROPERTY RIGHTS
Our intellectual
property
property
We are the owner or the
licensee of all intellectual property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the “Content”), as well as the trademarks, service marks, and logos
contained therein (the “Marks”).
licensee of all intellectual property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the “Content”), as well as the trademarks, service marks, and logos
contained therein (the “Marks”).
Our Content and Marks are
protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are
provided in or through the Services “AS IS” for your personal, non-commercial use or internal business
purpose only.
provided in or through the Services “AS IS” for your personal, non-commercial use or internal business
purpose only.
Your use of our
Services
Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED
ACTIVITIES” section below,
we grant you a non-exclusive, non-transferable, revocable license
to:
ACTIVITIES” section below,
we grant you a non-exclusive, non-transferable, revocable license
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have properly gained access.
solely for your personal, non-commercial use or internal business
purpose.
purpose.
Except as set out in this
section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may
be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may
be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use
of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal
Terms, please address your request to: sunpalmfinancial@sunpalmfinancial.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal
Terms, please address your request to: sunpalmfinancial@sunpalmfinancial.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not
expressly granted to you in and to the Services, Content, and Marks.
expressly granted to you in and to the Services, Content, and Marks.
Any breach of these
Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to
use our Services will terminate immediately.
Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to
use our Services will terminate immediately.
Your
submissions
submissions
Please
review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to
understand the (a) rights you give us and (b) obligations you have when you post or upload any
content through the Services.
review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to
understand the (a) rights you give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”),
you agree to assign to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”),
you agree to assign to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or
upload: By sending us Submissions through any
part of the Services you:
upload: By sending us Submissions through any
part of the Services you:
- confirm that you have read and agree with our “PROHIBITED
ACTIVITIES” and will not
post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading; - to the
extent permissible by applicable law, waive any and all moral rights to any such Submission; - warrant
that any such Submission are original to you or that you
have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions;
and - warrant and represent that your Submissions do not constitute confidential
information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
By using the Services, you
represent and warrant that: (1) all registration
information you submit
will be true, accurate, current, and complete; (2) you will
maintain the accuracy of such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to
comply with these Legal Terms; (4) you are not under
the age of 13; (5) you are not a
minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether
through a bot, script or
otherwise; (7) you will not use the Services for any illegal or
unauthorized purpose; and (8) your
use of the Services will not violate any applicable law or regulation.
represent and warrant that: (1) all registration
information you submit
will be true, accurate, current, and complete; (2) you will
maintain the accuracy of such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to
comply with these Legal Terms; (4) you are not under
the age of 13; (5) you are not a
minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether
through a bot, script or
otherwise; (7) you will not use the Services for any illegal or
unauthorized purpose; and (8) your
use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse any and all
current or future use of the Services (or any portion thereof).
incomplete, we have the right to suspend or terminate your account and refuse any and all
current or future use of the Services (or any portion thereof).
4. USER
REGISTRATION
REGISTRATION
You may be required to register to use the
Services. You agree to keep your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that such username is inappropriate, obscene,
or otherwise objectionable.
Services. You agree to keep your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that such username is inappropriate, obscene,
or otherwise objectionable.
5. PROHIBITED
ACTIVITIES
ACTIVITIES
You may not
access or use the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
access or use the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other
content from the Services to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us. - Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords. - Circumvent, disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained
therein. - Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services. - Use any
information obtained from the Services in order to harass, abuse, or harm another
person. - Make
improper use of our support services or submit false reports of abuse or
misconduct. - Use the
Services in a manner inconsistent with any applicable laws or
regulations. - Engage in
unauthorized framing of or linking to the
Services. - Upload or
transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the
Services. - Engage in
any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction
tools. - Delete the
copyright or other proprietary rights notice from any
Content. - Attempt to
impersonate another user or person or use the username of another
user. - Upload or
transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”). - Interfere
with, disrupt, or create an undue burden on the Services or the networks or services connected
to the Services. - Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion
of the Services to you. - Attempt to
bypass any measures of the Services designed to prevent or restrict access to the Services, or
any portion of the Services. - Copy or
adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code. - Except as
permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the
Services. - Except as
may be the result of standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or launch any unauthorized
script or other software. - Use a
buying agent or purchasing agent to make purchases on the
Services. - Make any
unauthorized use of the Services, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false pretenses. - Use the
Services as part of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating endeavor or commercial enterprise. - Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
6. USER GENERATED
CONTRIBUTIONS
CONTRIBUTIONS
The Services does not
offer users to submit or post content.
offer users to submit or post content.
7. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any
information and personal data that you provide and your
choices (including settings).
information and personal data that you provide and your
choices (including settings).
By submitting
suggestions or other feedback regarding the Services, you agree that we can use and share
such feedback for any purpose without compensation to you.
suggestions or other feedback regarding the Services, you agree that we can use and share
such feedback for any purpose without compensation to you.
As part of the functionality of the Services, you may link your
account with online accounts you have with third-party service providers (each such account, a
“Third-Party Account”) by either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant
us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the third-party service provider of
the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that (1)
we may access, make available, and store (if applicable) any content that you have provided to
and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via
your account, including without limitation any friend lists and (2) we may submit to and receive
from your Third-Party Account additional
information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to
your Third-Party Accounts may be available on and
through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our
access to such Third-Party Account is terminated
by the third-party service provider, then Social Network Content may no longer be available on
and through the Services. You will have the ability to disable the connection between your
account on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and agree that we may access
your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or
tablet computer solely for purposes of identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate the connection between the Services
and your Third-Party Account by contacting us
using the contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile
picture that become associated with your account.
account with online accounts you have with third-party service providers (each such account, a
“Third-Party Account”) by either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant
us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the third-party service provider of
the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that (1)
we may access, make available, and store (if applicable) any content that you have provided to
and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via
your account, including without limitation any friend lists and (2) we may submit to and receive
from your Third-Party Account additional
information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to
your Third-Party Accounts may be available on and
through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our
access to such Third-Party Account is terminated
by the third-party service provider, then Social Network Content may no longer be available on
and through the Services. You will have the ability to disable the connection between your
account on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and agree that we may access
your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or
tablet computer solely for purposes of identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate the connection between the Services
and your Third-Party Account by contacting us
using the contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile
picture that become associated with your account.
9. THIRD-PARTY WEBSITES
AND CONTENT
AND CONTENT
The Services
may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content or
items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices,
or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of,
linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by
us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware
these Legal Terms no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate from the
Services or relating to any applications you use or install from the Services. Any purchases you
make through Third-Party Websites will be through
other websites and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless
from any harm caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content
or any contact with Third-Party
Websites.
may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content or
items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices,
or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of,
linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by
us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware
these Legal Terms no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate from the
Services or relating to any applications you use or install from the Services. Any purchases you
make through Third-Party Websites will be through
other websites and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless
from any harm caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content
or any contact with Third-Party
Websites.
10. SERVICES
MANAGEMENT
MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of
these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in
a manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in
a manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
11.
PRIVACY POLICY
PRIVACY POLICY
We care
about data privacy and security. By using the Services, you agree to be bound by our Privacy
Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised
the Services are hosted in the United
States. If you access the Services from any other region of the world
with laws or other requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the United States, then through
your continued use of the Services, you are transferring your data to the
United States, and you expressly consent to have your data transferred to
and processed in the United States. Further, we do not knowingly accept,
request, or solicit information from children or knowingly market to children. Therefore, in
accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual
knowledge that anyone under the age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that information from the Services as
quickly as is reasonably practical.</spa n>
about data privacy and security. By using the Services, you agree to be bound by our Privacy
Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised
the Services are hosted in the United
States. If you access the Services from any other region of the world
with laws or other requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the United States, then through
your continued use of the Services, you are transferring your data to the
United States, and you expressly consent to have your data transferred to
and processed in the United States. Further, we do not knowingly accept,
request, or solicit information from children or knowingly market to children. Therefore, in
accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual
knowledge that anyone under the age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that information from the Services as
quickly as is reasonably practical.</spa n>
</spa n></b dt>
12. TERM AND
TERMINATION
TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If
we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS
AND INTERRUPTIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without notice. However, we have
no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
Services at any time or for any reason at our sole discretion without notice. However, we have
no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance related to
the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or releases in
connection therewith.
experience hardware, software, or other problems or need to perform maintenance related to
the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or releases in
connection therewith.
14.
GOVERNING LAW
GOVERNING LAW
These Legal Terms and your use of the
Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed
within the State of Florida, without regard to
its conflict of law principles.
Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed
within the State of Florida, without regard to
its conflict of law principles.
15. DISPUTE
RESOLUTION
RESOLUTION
Informal
Negotiations
Negotiations
To expedite resolution and control the cost of
any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a
Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND
HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and,
where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration
fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make a decision in writing, but
need not provide a statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except
where otherwise required by the applicable AAA rules or applicable law, the arbitration will take
place in Saint Lucie County,
Florida. Except as
otherwise provided herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the
award entered by the arbitrator.
Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND
HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and,
where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration
fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make a decision in writing, but
need not provide a statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except
where otherwise required by the applicable AAA rules or applicable law, the arbitration will take
place in Saint Lucie County,
Florida. Except as
otherwise provided herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the
award entered by the arbitrator.
If for any reason, a
Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in Saint Lucie
County, Florida, and the Parties hereby consent to, and waive all defenses of lack
of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in Saint Lucie
County, Florida, and the Parties hereby consent to, and waive all defenses of lack
of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either
Party related in any way to the Services be commenced more than one
(1) years after the cause of action arose. If
this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Party related in any way to the Services be commenced more than one
(1) years after the cause of action arose. If
this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that
any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other
persons.
any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and
Arbitration
Arbitration
The Parties agree that the following Disputes are not subject to
the above provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
the above provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
16.
CORRECTIONS
CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors, inaccuracies, or omissions
and to change or update the information on the Services at any time, without prior
notice.
typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors, inaccuracies, or omissions
and to change or update the information on the Services at any time, without prior
notice.
17.
DISCLAIMER
DISCLAIMER
THE SERVICES ARE
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT
OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT
OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
18.
LIMITATIONS OF LIABILITY
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO $100.00
USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO $100.00
USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
19.
INDEMNIFICATION
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of the
Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set
forth in these Legal Terms; (4) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of the
Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set
forth in these Legal Terms; (4) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
20. USER
DATA
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
21. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending
us emails, and completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Services, satisfy
any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
us emails, and completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Services, satisfy
any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
22. CALIFORNIA USERS AND
RESIDENTS
RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
23.
MISCELLANEOUS
MISCELLANEOUS
These Legal Terms and any
policies or operating rules posted by us on the Services or in respect to the Services constitute
the entire agreement and understanding between you and us. Our failure to exercise or enforce
any right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you
and us as a result of these Legal Terms or use of the Services. You agree that these Legal
Terms will not be construed against us by virtue of having drafted them. You hereby waive any
and all defenses you may have based on the electronic form of these
Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
policies or operating rules posted by us on the Services or in respect to the Services constitute
the entire agreement and understanding between you and us. Our failure to exercise or enforce
any right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you
and us as a result of these Legal Terms or use of the Services. You agree that these Legal
Terms will not be construed against us by virtue of having drafted them. You hereby waive any
and all defenses you may have based on the electronic form of these
Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
24.
CONTACT US
CONTACT US
In order to resolve a
complaint regarding the Services or to receive further information regarding use of the Services,
please contact us at:
complaint regarding the Services or to receive further information regarding use of the Services,
please contact us at:
Sun Palm Financial LLC
P.O. Box 1192
Fort Pierce , FL 34954
United States
sunpalmfinancial@sunpalmfinancial.com</di v>
MEDIA