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Copyright, Web Site Use and License Agreement
This Internet Web Site Use Agreement (the "Agreement") is between you
and www.willandjuliewhite.com (the "Mission") with offices in Lake
Worth, FL, USA. Your use of the Mission Internet Web Site (the "Web
Site") is subject to the following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEB SITE. Use of the Web Site signifies your unconditional
agreement to the terms and conditions of this Agreement. If you do not
agree to these terms and conditions of use, do not access or otherwise
use this Web Site.
(2) The Mission may gather, process and use information and materials
received from you (e.g., name, physical address, e-mail address) or
collected through your use of the Web Site for any lawful reason or
purpose.
(3) The Mission reserves the right, at its sole discretion, from time to
time to change, modify, add or remove any portion of this Agreement, in
whole or in part, at any time. Notification of changes in the Agreement
will be posted on the Web Site.
(4) The Web Site is protected by one or more copyrights pursuant to U.S.
copyright laws, international conventions and other intellectual
property laws. You will abide by any and all copyright notices,
trademark notices, ownership information or restrictions contained in
any Content on the Web Site. You may download and make copies of the
Content and other downloadable items displayed on this Web Site,
provided that you maintain all copyright and other notices contained in
such Content. Copying or storing of any Content on the Web Site for
reproduction, redistribution or publication to third parties for
commercial purposes is expressly prohibited without prior written
permission from the Mission. All rights to the Mission's copyrighted
materials not expressly granted herein are reserved by the Mission.
(5) The Mission, at its sole discretion, may change, suspend or
discontinue any aspect of the Web Site at any time, including the
availability of any Web Site feature, database or Content. Mission may
also impose limits on certain features and services or restrict your
access to parts or all of the Web Site without notice or liability.
(6) You represent, warrant and covenant that you shall not upload, post
or transmit to or distribute or otherwise publish through the Web Site
any materials which: (i) restrict or inhibit any other user from using
and enjoying the Web Site; (ii) are unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, offensive, pornographic, profane,
sexually explicit or indecent; (iii) constitute or encourage conduct
that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law or governmental regulation; (iv) violate,
plagiarize or infringe the rights of third parties including, without
limitation, copyright, trademark, patent, rights of privacy or publicity
or any other proprietary right; (v) contain a virus or other harmful or
destructive elements; (vi) contain any information, software or other
material of a commercial nature; (vii) contain advertising of any kind;
or (viii) constitute or contain false or misleading indications of
origin or statements of fact.
(7) You hereby agree to defend, indemnify and hold harmless the Mission,
and all its officers, directors, agents, employees, information
providers, affiliates, licensors and licensees from and against any and
all liabilities, claims, penalties, losses, damages, cost and expense
(including court costs and reasonable attorney's fees, interest expense
and amounts paid in compromise or settlement), suits or actions arising
out of or resulting from any breach by you of this Agreement, including
the foregoing representations, warranties and covenants. You shall
cooperate as fully as reasonably required in the defense of any claim.
(8) The Web Site may contain hypertext links and pointers to the other
World Wide Web Internet sites and resources operated and controlled by
parties other than the Mission. Links to and from the Web Site to such
third party sites do not imply or constitute an endorsement by the
Mission of any third party material or contents.
(9) The Mission does not represent or endorse the accuracy or
reliability of any advice, opinion, statement or other information
displayed or distributed through the Web Site. You acknowledge that any
reliance upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. The Mission reserves the right,
in its sole discretion, to correct any errors or omissions in any
portion of the Web Site.
(10) The Mission reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or government
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, that in the Mission's sole discretion
are objectionable or in violation of this Agreement.
(11) THE Mission WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB
SITE, IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, THE Mission MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND
WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION
AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED
THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB SITES
OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF
SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER,
THE Mission DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THE Mission DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN
WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. THE
Mission SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING,
WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, THE Mission SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF OR ACCESS TO THE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH
THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF THE Mission OR ANY OF ITS AGENTS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, AND THEREFORE THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
(12) Some comments and information on the Web Site may be based upon the
Mission's management's current expectations, estimates and/or
projections about the Mission's markets and industries. These statements
about the Mission are forward-looking statements which are not
guarantees of future performance and involve certain risks,
uncertainties and assumptions that are difficult to predict. Therefore,
actual outcomes and results may differ from what is expressed or
forecasted. Among the factors that could cause actual results to differ
are uncertainties in competitive pricing pressures, general domestic and
international economic conditions and market demand.
(13) By posting messages, uploading files, inputting data or engaging in
any other form of communication (individually or collectively
"Communications") to the Web Site, you hereby grant to the Mission a
perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty
free license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit and
otherwise fully exploit such Communications, in all media now known or
hereafter developed. You hereby waive all rights to any claim against
the Mission for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights and rights of
attribution in connection with such Communications.
(14) You acknowledge that Communications involving the Web Site are not
confidential and that Communications may be read or intercepted by
others. You acknowledge that by submitting Communications to the
Mission, no confidential, fiduciary, contractually implied or other
relationship is created between you and the Mission other than pursuant
to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF FLORIDA IN THE UNITED STATES, WITHOUT
REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU HEREBY AGREE AND CONSENT
THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING
ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE AN APPROPRIATE
STATE OR FEDERAL COURT LOCATED IN THE STATE OF FLORIDA.
(16) The Mission has a long standing policy that does not allow it to
accept or consider creative ideas, suggestions or materials other than
those which have been specifically requested or otherwise affirmatively
solicited by the Mission in writing. It is the intent of this policy to
avoid possible misunderstandings as to the ownership of creative ideas,
concepts, suggestions or materials. If you send any creative materials,
suggestions, ideas, notes, drawings, concepts or other information
(collectively known as the "Information") to the Mission in printed
form, electronic means or otherwise, the Information shall be deemed to
be the property of the Mission and shall not be subject to any
obligations of confidence, non-disclosure or non-usage. The Mission is
hereby entitled to unrestricted usage of the Information on a worldwide
basis without compensation to the provider of the Information.
(17) This Agreement constitutes the entire agreement between the Mission
and you with respect to your use of and access to the Web Site. This
Agreement supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and the
Mission with respect to the Web Site. Use of the Web Site is
unauthorized in any jurisdiction that does not give effect to all of the
terms and conditions of this Agreement. Any cause of action you may have
with respect to your use of and access to the Web Site must be commenced
within one (1) year after the claim or cause of action arises. If for
any reason a court of competent jurisdiction finds any provision of this
Agreement, or portion thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to give legal effect
to the intent of the Agreement, and the remainder of this Agreement
shall continue in full force and effect. A printed version of this
Agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
Agreement or the Web Site to the same extent and subject to the same
conditions as other business documents and records generated and
maintained in printed form by the Mission. The failure of the Mission to
enforce any provision of this Agreement shall not be deemed a waiver of
such provision nor bar the Mission's right to enforce the provision.
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