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.
5. USER GENERATED
CONTRIBUTIONS
The Services does not
offer users to submit
or post content.
We may provide you
with the opportunity
to create, submit,
post, display,
transmit, perform,
publish, distribute,
or broadcast content
and materials to us or
on the Services,
including but not
limited to text,
writings, video,
audio, photographs,
graphics, comments,
suggestions, or
personal information
or other material
(collectively,
"Contributions"). Contributions may
be viewable by other
users of the Services
and through
third-party
websites.
When you create or
make available any
Contributions, you
thereby represent and
warrant that:
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).
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.
We do not assert any ownership over
your Contributions. You retain full
ownership of all of your
Contributions and any intellectual
property rights or other proprietary
rights associated with your
Contributions. We are not liable for
any statements or representations in
your Contributions provided by you
in any area on the Services. You are
solely responsible for your
Contributions to the Services and
you expressly agree to exonerate us
from any and all responsibility and
to refrain from any legal action
against us regarding your
Contributions.
7. SERVICES 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.
8. TERM AND 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
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.
9. MODIFICATIONS 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.
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.
10. 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.
11. DISPUTE RESOLUTION
Informal 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
__________
days before initiating arbitration.
Such informal negotiations commence
upon written notice from one Party to
the other Party.
Binding Arbitration
Any dispute arising out of or in
connection with these Legal Terms,
including any question regarding its
existence, validity, or termination,
shall be referred to and finally
resolved by the International Commercial
Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels,
Avenue Louise, 146) according to the
Rules of this ICAC, which, as a result
of referring to it, is considered as the
part of this clause. The number of
arbitrators shall be
__________.
The seat, or legal place, or arbitration
shall be
__________. The language of the proceedings shall
be
__________.
The governing law of these Legal Terms
shall be substantive law of
__________.
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.
Exceptions to Informal Negotiations
and 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.
12. 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.
13.
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.
14. 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
THE LESSER OF THE
AMOUNT PAID, IF ANY, BY
YOU TO US
OR
. 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.
15. 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.
16. USER 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.
17. ELECTRONIC 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.
18. 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.
19. 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:
Comfy Care
__________
United States