a. “Content” means anything displayed or accessible through this Website.
b. “Person” means an individual, company, corporation, group, entity or an agent of an individual, company, corporation, group, entity, including, without limitation, a bot or remote access tool, an employee, an independent contractor or anyone paid or unpaid, who is operating for or on behalf of an individual, company, corporation, group, entity.
c. “User” means any person who accesses or uses this Website, including, without limitation, browsing, crawling, scraping of this Website.
e. “Your Content” means Content belonging to You.
f. “We” or “Us” means the purveyor of this Website.
2. Permitted Users
4. User Accounts.
6. Use of the Website
a. You agree to notify us of any defamatory, indecent or illegal Content on this website by following the procedures provided on the Website for reporting such Content, and You agree that we are not liable in any way for the Content of others or any harm to You or others from the Content of others, and You agree that our sole responsibility is to review any report of defamatory, indecent or illegal Content to determine if the Content offends the standards of this Website’s community, and we reserve the right to block access or to remove any Content that offends the standards of this Website’s community.
b. If You own intellectual property, including, without limitation, any copyright, patent, trademark or service mark, and You observe misuse of your intellectual property in any Content posted to this Website, You agree to report the misuse to Us following the procedures of our take down policy (the “Take Down Policy”). We will take commercially reasonable measures to implement the Take Down Policy, and You agree that we have no liability for any such misuse of your intellectual property, provided that we take commercially reasonable measures to implement the Take Down Policy.
7. Take Down Policy
a. Notices and procedures for making claims of copyright and other intellectual property infringement Pursuant to Title 17, United States Code, Section 512(c)(2) are provided in this Take Down Policy.
b. THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED, OR OTHERWISE PROTECTED OR PROPRIETARY, MATERIALS ARE INFRINGED BY A POSTING TO THIS WEBSITE. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. A NOTICE OF INFRINGEMENT MIGHT EXPOSE YOU OR YOUR COMPANY TO THE RISK OF LITIGATION BY A THIRD PARTY PURSUANT TO TITLE 17, U.S.C. SECTION 512 OR OTHERWISE. WE TAKE NO RESPONSIBILITY AND ACCEPT NO LIABILITY, WHATSOEVER, IMPLIED OR EXPRESS, FOR ANY ACTIONS TAKEN TO REASONABLY COMPLY WITH THIS Take Down Policy.
c. Notifications of claimed copyright infringement, or infringement of some other proprietary right, must comply with the Take Down Policy.
d. Pursuant to 17 U.S.C. § 512(c)(2), we hereby designate the following as our agent to receive notifications of claimed copyright infringement pursuant to 17 U.S.C. § 512(c)(3). Written notification must be submitted to the following agent:
e. Fowler White Boggs P.A.
f. Name of agent responsible for taking action in accordance with the Take Down Policy: Olga M. Pina
g. Full address of agent to which Notification should be sent: 501 East Kennedy Blvd., Suite 1700, Tampa, Florida 33602
h. Telephone Number of agent: (813) 228-7411
i. Facsimile Number of agent: (813) 228-9401
j. Email Address of agent: firstname.lastname@example.org
k. To be effective, any and all notifications must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner whose exclusive right is allegedly infringed (the “Complaining Party”);
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit the us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
l. No attachments can be made and no attachments will be opened or read.
m. Upon receipt of a proper written Notification, according to the terms and conditions above:
- We will remove or disable access to the material that is alleged to be infringing;
- We will forward the written Notification to such alleged infringer, if applicable, who posted allegedly infringing materials to our website;
- We will take reasonable steps to notify such alleged infringer that we have removed or disabled access to such alleged infringing materials (and at our sole discretion any other materials posted by such alleged infringer, if applicable)
n. Counter Notification: A counter notification by an alleged infringer relating to alleged infringing materials may be sent only by the following procedure. To be effective, a Counter Notification must be a written communication provided to our agent and must include the following:
- A physical or electronic signature of the person or entity responsible for posting of the alleged infringing materials (the “Subscriber”).
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; the name, address, and telephone number of an authorized contact of the Subscriber, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district; and that the Subscriber will accept service of process by mail from the person who provided notification or an agent of such person.
o. Upon receipt of a Counter Notification containing the information as outlined above:
- We will promptly provide the Complaining Party with a copy of the Counter Notification;
- We will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- We may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided that our agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on our website or system.
Name: Olga M. Pina
Address: Fowler White Boggs P.A.
501 East Kennedy Blvd.
Tampa, Florida 33602
Telephone: (813) 228-7411
Electronic mail: email@example.com
You agree to the following policies for use of this Website. You shall not:
a. copy, replace, modify or block any Content, except as expressly authorized by Us; and
b. do anything to another user that you would not want another user to do to you, including, without limitation, defrauding, intimidating, threatening, harassing, defaming, stalking, or encourage or tolerate others to do any of these; and
c. interfere with the use and enjoyment of this Website by any other person; and
d. post or forward any spam, junk email, schemes to defraud, or any other mass mailing using this Website; and
e. benefit commercially from this Website, except as expressly authorized by Us; and
f. enter into any pact with others to misuse this Website, such as by trading reviews, paying for reviews, soliciting reviews, or writing or encouraging reviews favorable to a business or disparaging a business; and
g. provide any facts or opinions that are false, misleading or disparaging; and
h. promote or tolerate bigotry or discrimination against any groups or classes of people based on race, ethnicity, religion, gender, national origin, sexual preference, or any other stereotype or generalization intended to divide people, or judge people on any other measure than their individual merit, actions, omissions, and statements; and
i. violate any rights of a third party, such as by tortious interference with another’s right to contract, defaulting on an obligation of confidentiality, infringing another’s rights in intellectual property, breaching another’s right to privacy, publicity, or endorsement; and
j. transmit or post pornography or illegal content or content in any way offensive to this Website’s community standards; and
k. solicit personal information from minors, or harm or threaten to cause harm to minors, or display any images of a minor without a written release of both the minor and the parents or legal guardian of the minor; and
l. violate any applicable laws, statutes or rules; and
m. reverse engineer any portion of this Website; and
n. remove or modify any markings on this Website, such as proprietary markings, copyright notices, trademarks on this Website or on any Content; and
o. use data mining tools to search or record information from this Website; and
p. use any bot or automated program to access, search, scrape or index this Website and the Content; and
q. impose an unreasonable or disproportionately large load on the infrastructure supporting the operation of this Website, as determined within our sole discretion; and
r. attempt to gain unauthorized access to this Website or any account of a registered user of this Website; and
s. infect this Website with any computer viruses, worms, malware, Trojans, or any program or routine having a malicious, destructive or unlawful purpose; and
t. transmit any computer viruses, worms, malware, Trojans, or any program or routine having a malicious, destructive or unlawful purpose using this Website; and
u. interfere with the proper working of this Website or any other website or the internet; and
v. lie, cheat or steal, such as by misappropriating another’s identity, password or account information; and
w. circumvent any security measures or protections of this Website.
a. You hereby grant Us an irrevocable, nonexclusive license and right to use Your Content in relation to Our operation of this Website, including maintenance, advertising, promotion, testing and benchmarking.
b. You hereby grant Us an irrevocable, nonexclusive license and right to create derivative works and to use Your Content and derivative works, collectively or individually, in advertisements, promotions, catalogs, databases, and on this Website and elsewhere and including, without limitation, the right to reformat, edit, resize, republish, link to, and alter Your Content.
c. to sublicense others any of the rights granted to Us.
d. You hereby grant the users of this Website the right to access and to link to Your Content.
e. You hereby perpetually and irrevocably waive, and cause to be waived, any and all claims and assertions of any moral rights or rights to attribution with respect to Your Content.
f. YOU HEREBY ACKNOWLEDGE THAT THE DATA UPLOADED OR INCLUDED BY YOU IS YOUR OWN, AND YOU AGREE TO BE SOLELY RESPONSIBLE FOR BACKING-UP AND SECURING YOUR DATA; YOU ACKNOWLEDGE THAT THIS WEBSITE AND WE DO NOT HAVE ANY LIABILITY, WHATSOEVER, FOR THE SAFETY OR SECURITY OF YOUR DATA; AND YOU ACKNOWLEDGE THAT WE OFFER NO WARRANTIES FOR ACCESS, RETURN OR RELEASE OF YOUR DATA, WHICH MAY BE DELETED OR REMOVED BY US FOR ANY OR NO REASON.
10. Disclaimers and Warranties
a. WE DISCLAIM ANY RESPONSIBILITY FOR YOUR CONTENT, AND YOU AGREE TO BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR CONTENT.
b. WE PROVIDE NO WARRANTIES, EXPRESS OR IMPLIED, FOR THE ACCESSIBILITY TO THIS WEBSITE OR YOUR CONTENT, INCLUDING, WITHOUT LIMITATION, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, AND WE LIMIT OUR TOTAL LIABILITY TO YOU, FOR ANY AND ALL CAUSES OR CLAIMS, WHATSOEVER, TO NO GREATER THAN ONE MONTH’S SERVICE CHARGE OR THE PRO RATA SHARE OF A SERVICE CHARGE EQUIVALENT TO A ONE MONTH’S SERVICE CHARGE. WE ARE NOT RESPONSIBLE TO YOU FOR OUTAGES OR LACK OF ACCESS TO YOUR DATA FOR ANY REASON, AND WE HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, PROPERTY DAMAGE OR INJURY.
c. You hereby assume any and all risks associated with the use of Your Content and this Website.
d. YOU HEREBY INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS OR CAUSES OF ACTION ARISING FROM BREACH OF THE FOLLOWING REPRESENTATIONS AND WARRANTIES: (i) YOUR CONTENT IS ACCURATE AND TRUTHFUL AND NOT FALSE OR MISLEADING; (ii) YOU OWN OR HAVE THE NECESSARY PERMISSION TO USE YOUR CONTENT; (iii) YOU HAVE NOT AND WILL NOT IMPLY THAT YOUR CONTENT IS SPONSORED OR ENDORSED BY US; (iv) YOUR CONTENT DOES NOT INFRINGE ANY RIGHTS OF ANOTHER; (v) YOUR USE OF THIS WEBSITE IS BY A PERSON HAVING ALL OF THE NECESSARY TRAINING, EDUCATION AND LICENSING FOR ITS ULTIMATE USE, AND YOUR CONTENT AND THE USE OF THIS WEBSITE HAVE BEEN CHECKED AND VERIFIED BY SUCH PERSON, WITHOUT RELYING ON ANY STATEMENTS MADE BY US OR THIS WEBSITE; AND (vi) YOUR CONTENT IS NOT UNLAWFUL.
e. Posting Your Content to this Website may expose You or your company to liability.
g. WE ARE NOT OBLIGATED TO MAINTAIN OR TO PROVIDE YOU WITH A COPY OF YOUR CONTENT.
i. We may display advertisements and other information adjacent to or included with Your Content on this Website and elsewhere for ourselves and others, including, without limitation, paid advertising, and You acknowledge that revenue generated by this Website is our own, and You waive any claim or right to any portion of the revenue generated by this Website, whatsoever, and You are not entitled to any compensation from Us.
11. Social Networking
12. Unauthorized Access.
WE HAVE NO LIABILITY FOR ANY UNAUTHORIZED ACCESS TO YOUR CONTENT BY ANY THIRD PARTY, AND YOUR SOLE REMEDY IS AGAINST SUCH THIRD PARTY. YOU ACKNOWLEDGE THAT WE DO NOT HAVE THE RESOURCES TO GUARANTEE OR WARRANTY THE SECURITY OF YOUR CONTENT, AND WE PROVIDE NO WARRANTY THAT YOUR CONTENT IS SECURE FROM UNAUTHORIZED ACCESS. We reserve the right to exercise whatever lawful means We deem necessary to prevent unauthorized access or use of this Website. You authorize Us to implement barriers, IP mapping tools, and to contact Your Internet Service Provider (ISP) relating to any unauthorized use of Your account or unauthorized activity associated with Your account.
14. User Satisfaction.
We welcome your comments and suggestions. If You are not completely satisfied with our services, then let us know by providing our support team with feedback using our user satisfaction contact page here. You may close your account by following the procedures provided here. Any information, suggestion or ideas provided to Us shall be our sole and exclusive property, to do with as We please, and you hereby acknowledge and agree that You provide us whatever rights that are necessary, if any, worldwide, for Us to implement any suggestion perpetually, irrevocably and without further consideration other than the improvement in our service to You that would result from implementation of your suggestion.
You own Your Content, and nothing transfers title of Your Content to Us. We own our Content, and nothing transfers title of our Content to You. We own all of the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights, worldwide, to Our Content and this Website, all rights reserved. Copying and reverse engineering of Our Content and this Website is strictly prohibited without Our prior written permission.
18. Website Provide “AS IS”
a. THE WEBSITE IS PROVIDED TO YOU “AS IS” WITH NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY TO THE OPERATION AND FUNCTIONALITY OF THE WEBSITE, THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, AND SAFETY OF THE CONTENT, AND INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION OF THE WEBSITE, AND THE OPINIONS, ADVERTISEMENTS AND STATEMENTS MADE BY USERS OF THE WEBSITE. NO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE PROVIDED, WHETHER OR NOT WE WERE INFORMED OF ANY PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION, WHATSOEVER. YOU ACKNOWLEDGE THAT THIS WEBSITE IS A WORK IN PROGRESS, AND CHANGES TO THE FUNCTIONALITY OF THIS WEBSITE MAY BE MADE BY US AT ANY TIME WITHOUT NOTIFICATION TO YOU.
b. WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION, OR LOSS OF INFORMATION OR DATA. YOUR USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, SPYWARE OR MALWARE DOWNLOADED DURING YOUR USE OF THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
19. Third Parties.
a. We are not responsible for third party websites, even if links to such third party websites are provided on this Website, and a link to a third party website doe not imply our control, approval or endorsement of the third party website.
20. Governing Law and Jurisdiction
e. The failure of either party to exercise its respective rights shall not be deemed a waiver of its right to exercise the same or any other right in the future.
f. Any provision found to be unenforceable or invalid by a court of competent jurisdiction is severable from the other provisions and shall be limited or eliminated to the minimum extent necessary. The remaining provisions shall remain in full force and effect and enforceable.
h. Section titles and headings have no legal, contextual or contractual meaning or effect.