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WATCH A WEBCAM

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Florida Caribbean

Cruise Association

Terms & Conditions

Last updated: June 25th, 2017

 

This web page represents a legal document and is the Terms of Use (Agreement) for our websites (Websites).  By using our Websites, you agree to fully comply with and be bound by the following Agreement each time you use our Websites.  Please review the following terms carefully.   


Our Services

Our Websites offer the following services: live streaming and pre-recorded webcam video, still image webcam archiving and photography, photography and video sales (Services). 

 

Our Social Media Feeds

Pages or feeds or channels or similar that allow user-generated comments and that we maintain on popular platforms like Facebook, Twitter, YouTube, Disqus, etc.


Definitions

The terms “us” or “we” or “our” refers to PTZtv LLC, the owner of these Websites.  A “Visitor” or “User” is someone that merely browses our Websites.

  

All text, information, graphics, design, and data offered through our Websites or Services, whether produced by our Visitors or by us, are collectively known as our “Content”.


Acceptance of Agreement

This Agreement is between you and PTZtv LLC.
 

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITES IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THEM FURTHER.
 

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and PTZtv LLC, and supersedes all other Agreements, representations, warranties and understandings with respect to our Websites, Services, and the subject matter contained herein.  However, in order for you to use our Websites and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. 
 

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Websites, and you should review this Agreement prior to using our Websites. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it.  If you do not accept this Agreement, do not access and use our Websites. If you have already accessed our Websites and do not accept this Agreement, you should immediately discontinue use of our Websites and Services.


Limited License

PTZtv LLC grants you a non-exclusive, non-transferable, revocable license to access and use our Websites and Services strictly in accordance with this Agreement.  Your use of our Websites and Services are solely for internal, personal, non-commercial and entertainment purposes, unless otherwise provided in this Agreement.  No print out or electronic version of any part of our Websites or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances without our prior written permission.


Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Websites, Content, Services, and any software provided therein.


Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and PTZtv LLC.


Our Intellectual Property

Our Websites may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos.  Your use of our Websites or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of PTZtv LLC.
 

Our Content, as found within our Websites and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited.  Your use of our Websites and Services does not grant you any ownership rights to our Content.

 

Still image snapshots taken from our Websites and Services may be posted to the following social networking forums provided there is no commercial motivation on the part of the Visitor and provided our copyright watermarks are not removed:

  • Cruise Critic      www.cruisecritic.com
  • Cruise Addicts  www.cruise-addicts.com
  • Facebook -- visitor’s own Facebook personal profile or timeline but not Facebook Pages except those operated by PTZtv LLC. Facebook's "share" feature is recommended and permitted as a means to exhibit snapshots from our Facebook Pages on other Facebook Pages or Groups not operated by PTZtv LLC.
  • Facebook community Groups may post snapshots provided they are accompanied by a comment which includes the originating website's address as a live, clickable link e.g. PortEvergladesWebcam.com
  • Twitter -- snapshots may be tweeted provided the tweet includes an acknowledgement to PTZtv, either @PTZtv or live link to PTZtv.com or both.
  • Other exceptions may be granted but we have no obligation to consider or grant any such requests.
  • We reserve the right to audit any page, group, forum, account or other online destination using our content, including those listed above, and demand content be removed at our sole discretion.

 

Webcam index sites may use a single, static, non-refreshed snapshot as a representative image from our webcams and to accompany a link back to that webcam's website. They must NOT under any circumstances use automation, including taking snapshots from our video streams, in order to provide current or recent images or time-lapse videos or for any other purpose.

 

ANY RECORDING FROM OR REDISTRIBUTION OF OUR VIDEO OR AUDIO CONTENT IS STRICTLY PROHIBITED, INCLUDING THE PROGRAMMATIC EXTRACTION OF SINGLE IMAGE SNAPSHOTS FROM OUR VIDEO STREAMS.

 

Visitor Conduct

Visitors may post their own relevant content to our Social Media Feeds subject to the terms and conditions of membership for each respective platform.  We do not in any way guarantee the quality, accuracy or integrity of such content. PTZtv LLC will monitor and filter posts to our Social Media Feeds but cannot be held responsible for that process.  Should any posting be found illegal, PTZtv LLC will submit all necessary information to the social media platform operator and/or the proper authorities.
 

If any posting is reported to PTZtv LLC as being offensive or inappropriate, we may ask the Visitor to retract or otherwise modify the questionable content or we may remove it without notice. PTZtv LLC has full authority to either restrict the Visitor’s ability to post their content OR to immediately terminate their participation in our Social Media Feeds without further notification.
 

Without limiting the foregoing, we have sole discretion to remove any Visitor or Visitor content that violates this Agreement or is otherwise objectionable in our sole discretion.
 

Visitors are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Visitors shall respect copyright and trademark laws.
 

You warrant that you will not use our Websites or Services or Social Media Feeds to infringe the intellectual property rights of others in any way.
 

As a Visitor, you agree not to use our Services or Social Media feeds to do any of the following:

1)     Upload, post or otherwise transmit any Visitor Content that:

a. Violates any local, state, federal, or international laws.
b. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
c. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
d. Links directly or indirectly to any materials to which you do not have a right to link.
e. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
f. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Websites or Services.
g. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
h. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
i. In the sole judgment of PTZtv LLC, is objectionable or which restricts or inhibits any other person from using or enjoying our Websites or Services or Social Media Feeds, or which may expose PTZtv LLC, our affiliates, or our Users to any harm or liability of any type.

2)     Use our Content to:

a. Develop a competing website.
b. Create compilations or derivative works as defined under United States copyright laws.
c. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

3)     Decompile, disassemble or reverse engineer our Websites, Services, and any related software.

4)     Use our Websites or Services or Social Media Feeds in any manner that violates this Agreement or any local, state, federal, or international laws.

 

Any sharing of PTZtv Premium login credentials is expressly prohibited and may result in immediate cancellation without refund.
 

AS A VISITOR, YOU ALSO AGREE TO NOT USE ANY CONTENT FILTERING SOFTWARE OR HARDWARE TO REMOVE OR BLOCK OR ALTER ANY OF OUR CONTENT, ESPECIALLY BUT NOT LIMITED TO ADVERTISING PROVIDED BY US OR OUR AFFILIATES OR PARTNERS.

 

OUR LIVE STREAMING VIDEO AND AUDIO MUST BE CONSUMED FROM WITHIN OUR WEBSITES OR THOSE AUTHORIZED BY US. UNDER NO CIRCUMSTANCES MAY IT BE VIEWED, HEARD, RECORDED, RE-STREAMED, COLLECTED OR OTHERWISE CONSUMED IN ANY OTHER FORM OR VENUE OR SOFTWARE TOOL OR APPLICATION.

 

Digital Millennium Copyright Act Compliance

Our Websites will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
 

1)     An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2)     A description of the copyrighted work that you claim has been infringed;

3)     A description of where the material that you claim is infringing is located on our Websites;

4)     Your address, telephone number, and email address;

5)     A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6)     A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
 

We are only required to respond to those notices that substantially comply with the above requirements.  We will investigate your claim and will notify by the method of contact you used to file your notice with us.


Content Disclaimer

The opinions expressed on our Websites and Social Media Feeds are not necessarily the opinions of PTZtv LLC.  The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.
 

We undertake no obligation to update any Content on our Websites. We reserve the right to make alterations or deletions to the Content at any time without notice.


Errors, Corrections and Changes

We do not represent or otherwise warrant that our Websites will be error-free, free from viruses or other harmful components, or that we will correct any errors.  We do not represent or otherwise warrant that the information available on or through our Websites will be correct, accurate, timely or otherwise reliable.
 

We may make changes to the features, functionality or content of our Websites or Services at any time.  We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Websites or Services.


Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Websites shall constitute financial, investment, legal, travel, maritime safety, navigation, weather forecasting and/or other professional advice and that no professional relationship of any kind is created between you and PTZtv LLC.  You hereby agree that you shall not make any financial, investment, legal, maritime safety, navigation, travel and/or other decision based in whole or in part on anything contained in our Websites or Services.


Advertisers and Sponsors Disclaimer

Our Websites may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Websites is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.


THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY PTZtv LLC AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.


Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services.  You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.
 

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.  WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES ARE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITES.
 

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants.  Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.


Warranty Disclaimer

PTZtv LLC is not responsible or liable in any manner for any Content posted on our Websites or in connection with our Services, whether posted or caused by Visitors to our Websites or Social Media Feeds, or by PTZtv LLC.
 

Although we provide moderation of conduct and postings on our Social Media Feeds, we do not control and are not responsible for what visitors post, transmit or share on our feeds, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on those pages.  PTZtv LLC is not responsible for the conduct, whether online or offline, of any user of our Websites, Services or Social Media Feeds.
 

Our Websites or Services may be temporarily unavailable from time to time for maintenance or other reasons.  PTZtv LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
 

PTZtv LLC is not responsible for any technical malfunction or other problems of any phone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Visitor’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Websites or Services, including without limitation any software provided through our Websites or Services.
 

Under no circumstances will PTZtv LLC be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Websites or Services, or any interactions between Users of our Websites or Services, whether online or offline.
 

PTZtv LLC reserves the right to change any and all Content, software and other items used or contained in our Websites or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Websites, by third parties or by any of the equipment or programming associated with or utilized by our Services.


THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITES AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  PTZTV LLC, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES.  PTZTV LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE.  PTZTV LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITES OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.  WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PTZTV LLC.  OUR WEBSITES AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

Limitation of Liability

PTZtv LLC, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Websites or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Websites or Services, (d) your use of our Websites our Content, (e) the content contained on our Websites or Services, or (f) any delay or failure in performance of our Websites and Services beyond our control.
 

PTZtv LLC is also not responsible for any normal or excess bandwidth charges incurred by Visitors while accessing our Services on any device whatsoever.
 

IN NO EVENT WILL PTZtv LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITES, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF PTZTV LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PTZTV LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

 

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Websites and Services in any manner consistent with our Privacy Policy.
 

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.
 

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

Privacy Policy

Our Privacy Policy is considered part of this Agreement.  You must review this Privacy Policy by clicking on this link.

 

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

Linking to Our Websites

You may provide links to our Websites, provided (i) that you do not remove or obscure, by framing or otherwise, any portion of our Websites, (ii) your website does not engage in illegal or pornographic activities, and (iii) you discontinue providing links to our Websites immediately upon request by us.
 

FRAMING OR EMBEDDING OR HOTLINKING OF OUR WEBSITES OR CONTENT OR SERVICES IS STRICTLY PROHIBITED UNLESS PRIOR AUTHORIZATION IS OBTAINED FROM US IN WRITING.

 

Links to Other Websites

Our Websites may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you.  By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites.  Inclusion of links for any website on our Websites does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. PTZtv LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

 

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

 

Refund and Return Policy

To the extent that you purchase any physical, tangible goods directly from us, we may refund you your purchase price within thirty (30) days of you notifying us in writing of your desire for the refund, together with the reason for the request, subject to the return of the product to us in substantially the same condition as when purchased.  Any refund or return may be subject to restocking fees as found on our Websites.

 

All payments for tickets or subscriptions to our PTZtv Premium Websites are NONREFUNDABLE.

 

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Websites or Services.

 

Arbitration 

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
 

The arbitration shall be conducted in Fort Lauderdale, Florida, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Fort Lauderdale, Florida, USA necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs.

 

General Terms

This Agreement shall be treated as though it were executed and performed in Fort Lauderdale, Florida, USA and shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of law principles.  In addition, you agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to our Websites or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.
 

Copyright © 2013 Orion Systems. All Rights Reserved. This document, or any portion of, may not be copied or duplicated in any way without the written permission of Orion Systems. www.DisclaimerTemplate.com

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