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1.
Welcome! This website is owned and operated by CyberSeat Web Hosting, LLC
and its subsidiaries and affiliates (if any) (collectively "CyberSeat Web Hosting, LLC," "we," or "us"). Questions
concerning this website or its operation should be directed to
the contact points set forth at the end of these terms of use.
CyberSeat Web Hosting, LLC maintains this site (the "Site")
for your personal information, education, and communication. By
use of this site, you aknowledge and agree to all terms and conditions
herein.
2. Access To and Use of Site Subject to Terms & Conditions
and Applicable Law. Your access to and use of the Site is also
subject to the terms and conditions set forth in these Terms of
Use and all applicable laws (“Terms of Use”). By accessing
and browsing the Site, you accept, without limitation or qualification,
these Terms of Use. If you do not agree to these Terms of Use,
please do not use the Site.
3.
You May Download One Copy of The Site For your Non-Commercial
Use. In connection with viewing and using this website, you are
permitted to temporarily download one copy of the materials posted
on this website onto a single computer for only your personal,
non-commercial use. All rights not expressly granted herein are
reserved. Downloading of any information, content or images from
this website does not transfer any right or ownership of such
information, content or images to you, and such information, content
or images may be used solely in accordance with these Terms of
Use. You may not mirror or archive any part of this site or any
material contained on this site on any server or computer without
Pace Cyber Venture's written permission.
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 and browsing in the Site are
at your 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.
17.
Miscellaneous. These terms of use represent the entire understanding
relating to the use of this website and prevail over any prior
or contemporaneous, conflicting or additional communications.
Any unauthorized access, modification or change of any information,
or any interference with the availability of or access to this
website is strictly prohibited. CyberSeat Web Hosting, LLC reserves all
legal rights and remedies available to it and this disclaimer
shall in no way be deemed a limitation or waiver or any other
rights CyberSeat Web Hosting, LLC may have. If any provision of this
agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties relating
to the matters contained herein and shall not be modified except
in writing, signed by CyberSeat Web Hosting, LLC The bold headings are
intended solely for the convenience of reference and shall not
be considered when construing the intent of the Terms and Conditions.
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 November 27, 2009
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