TERMS OF USE
BY ACCESSING AND USING THIS SITE, USER AGREES TO THE FOLLOWING TERMS OF USE. SHOULD USER DISAGREE WITH ANY OF THE TERMS AND PROVISIONS SET FORTH IN THIS DOCUMENT, USER IS ADVISED NOT TO USE THIS SITE.
1. General. This site is owned and operated by Proby & Associates, Inc. (referred to as "P&A"). P&A has the right at any time to change or discontinue any aspect of the site, including without limitation, the content, hours of availability, and equipment needed for its access or use.
2. Equipment. User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
3. Restrictions on Use.
A. User shall use the site for lawful purposes only. User shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without P&A's express prior approval, user shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. User shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by the user that in P&A 's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
B. The site contains copyrighted material and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. User may not modify, publish, transmit, display, or participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of P&A and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
C. User shall not e-mail, upload, post or otherwise make available on the site any material protected by the copyright or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with user. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to P&A 's policies regarding privacy, any e-mails, notes, message/billboard/forum postings, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and shall become the property of P&A throughout the universe. By submitting material to P&A, user automatically grants, or warrants that the owner of such material has expressly granted P&A the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. P&A also prohibits user of the site to access, view, store or reproduce the material for that user's personal use. User grants P&A the right to edit, copy, display, publish and distribute any material made available on the site by user.
D. The foregoing provisions of Section 3 are for the benefit of P&A, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. Disclaimer of Warranty; Limitation of Liability.
A. USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER P&A NOR ANY OF IT'S RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES P&A MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. USER SPECIFICALLY ACKNOWLEDGES THAT P&A IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
D. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL P&A'S TOTAL LIABILITY TO USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
5. Monitoring. P&A shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, P&A shall have the right to remove any material that P&A, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
6. Indemnification. User agrees to defend, indemnify and hold harmless P&A and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of user's use of the site.
7. Trademarks. All trademarks, service marks, and trade names are proprietary to P&A or its affiliates. All rights reserved.
8. Third Party Content. P&A is not a publisher of content supplied by third parties and users of the site. Accordingly, P&A has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of P&A. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. P&A neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized P&A employee spokespersons while acting in their official capacities.
9. Viruses. P&A also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect user's computer equipment or other property on account of user's access to, use of, or browsing in the Site or user's downloading of any materials, data, text, images, video, or audio from the Site.
10. Export Control. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. P&A does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
11. Business Associates. The business associates of P&A identified on this Site are independent contractors or suppliers of P&A. The business associates are not joint venturers or partners of P&A. No employee or representative of the business associates is under the control of P&A.
12. Changed Terms. P&A has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by user after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
13. Miscellaneous. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida without regard to its conflicts of law principles. All disputes under this Agreement shall be resolved by the State or Superior Courts of Miami-Dade County in the State of Florida or in the United States District Court for the Southern District of Florida, and each party consents to the jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
14. This site incorporates links to other Web sites. P&A does not in any way endorse, nor is it responsible for, the content on those other Web sites.
