4. Copyrights. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of CyberSeat Web Hosting, LLC. CyberSeat Web Hosting, LLC neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with CyberSeat Web Hosting, LLC. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website is expressly prohibited without the written consent of CyberSeat Web Hosting, LLC and any copyright owner from whom we have obtained a license. Requests for such permission should be made to the contact specified below.
5. No Warranties. While CyberSeat Web Hosting, LLC uses reasonable efforts to include accurate and up to date information in the Site, CyberSeat Web Hosting, LLC makes no warranties or representations as to its accuracy. CyberSeat Web Hosting, LLC assumes no liability or responsibility for any errors or omissions in the content of the Site.
6. Liability For Damages. Your use of, browsing or services provided by and on the Site are at your own ans sole risk. Neither CyberSeat Web Hosting, LLC nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. CyberSeat Web Hosting, LLC also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
7. Communications To The Site. While we are always happy to hear from you, you should be aware any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by CyberSeat Web Hosting, LLC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, CyberSeat Web Hosting, LLC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
8. Images May NOT Be Used Without Written Permission. Images of people or places displayed on the Site are either the property of, or used with permission by, CyberSeat Web Hosting, LLC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
9. Trademarks, Logos & Service Marks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of CyberSeat Web Hosting, LLC and others. Registered and unregistered Trademarks include, but are not limited to “CyberSeat Web Hosting, LLC”, “cyberseat.net”, “esunshinestate.com”, “discountlodginginflorida.com, “discounthotelsinflorida.com”, “floridaseniorlife.com”, “design, create, innovate”, and “thinkfla.com”. Nothing contained on the Site should be construed as ranting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of CyberSeat Web Hosting, LLC or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that CyberSeat Web Hosting, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
10. Links. CyberSeat Web Hosting, LLC has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk. CyberSeat Web Hosting, LLC has no control over the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be responsible for) the contents, accuracy or reliability of any websites hyperlinked to this website.
11. If you want to link to this website, please contact legal[at]cyberseat.net before creating that link so your site may be previewed. CyberSeat Web Hosting, LLC expressly forbids the unauthorized use of the Trademarks, or other graphics to create links. Text links are permitted upon approval.
12. Restrictions on Postings or Transmissions. Although CyberSeat Web Hosting, LLC may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like (if any) on the Site, CyberSeat Web Hosting, LLC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. CyberSeat Web Hosting, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing CyberSeat Web Hosting, LLC to disclose the identity of anyone posting any such information or materials.
13. Confidentiality of Codes, Passwords and Information. You agree to treat as strictly private and confidential any username, user ID, or password which you may have received from CyberSeat Web Hosting, LLC, and all information to which you have access through password-protected areas of CyberSeat Web Hosting, LLC websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
14. Indemnity. You agree to indemnify, defend and hold CyberSeat Web Hosting, LLC and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. CyberSeat Web Hosting, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Pace Cyber Venture's defense of such claim.
15. Materials May Not Be Appropriate For Use In Other Countries. The Sites are controlled and operated by CyberSeat Web Hosting, LLC from its offices within the State of Maryland, United States of America. CyberSeat Web Hosting, LLC makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Choice of Law and Jurisdiction. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Maryland, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or CyberSeat Web Hosting, LLC bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state court in Montgomery County, Maryland, or federal court in the United States District Court for the District of Maryland, Greenbelt, Maryland. You expressly consent to the jurisdiction of said courts. You and CyberSeat Web Hosting, LLC waive any objection based upon lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
18. Software. Downloading software from the Site does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software. Software from the Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Terms & Conditions Subject To Change Without Prior Notice. CyberSeat Web Hosting, LLC may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
20. Contact Information. Questions about these Terms and Conditions may be directed to:
CyberSeat Web Hosting, LLC
Attn: Office of the Chief Counsel
P.O. Box 1814
Olney, Maryland 20832
Last Modified January 22, 2012