TERMS AND CONDITIONS
The following Terms and Conditions govern your use and access to
the Bridgemaze Group, LLC, 12378 SW 82 Avenue Miami, FL 33156 Network
("Network") of websites (such sites are collectively referred to
herein as the “Sites” and each individually a “Site”).
IMPORTANT! These Terms and Conditions also govern your membership
to a Site (or Sites) if you become a member. By accessing, using, printing,
installing, or downloading any material from any of the Sites, or becoming a
member to any one of the Sites, you agree to be bound by these Terms and
Conditions. These Terms and Conditions are subject to change by the Sites at
any time in its discretion. Your use of this Site after such changes are
implemented constitutes your acknowledgment and acceptance of the changes. If
you do not agree to be bound by these Terms and Conditions, you may not enter
any of the Sites, you must exit the Site immediately and you may not use or
access any of the Sites or print or download any materials from them. You may
use and access the Sites only in accordance with these Terms and Conditions.
Please consult these Terms and Conditions regularly and read them carefully
before using the Sites. You affirm that you have read this Agreement and
understand, agree and consent to its Terms and Conditions.
You are solely responsible for obtaining access to the Sites and
that access may involve third party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition, you
must provide and are responsible for all equipment necessary to access the
Sites.
I. Adult Entertainment
The Sites offer online entertainment services that may be deemed
adult in nature and which may contain graphic depictions, nudity, adult
language, and descriptions of explicit sexual activity. You acknowledge that
you are aware of the nature of the content provided by these Sites, that you
are not offended by such content and that you access the Sites freely,
voluntarily and willingly.
II. Age of Majority
You represent and warrant you are at least 18 years of age or the
age of majority in your jurisdiction, whichever is higher (the “Age of
Majority”), and that you have the legal capacity to enter into this agreement.
If you have not attained the Age of Majority, you must exit the Sites
immediately and may not use or access all or any part of the Sites for for any
reason nor may you print or download any materials or purchase any materials
(as defined below) from the Sites.
III. No Child Pornography
You understand that all models appearing on the Sites are, and
were at the time of all recorded images, at least 18 years of age, and that the
Sites contain no child pornography. We take a strong and definite stand against
child pornography and only publish images of consenting adults for consenting
adults. If you believe that you see any images, real or simulated, depicting
minors engaged in sexual activity within the Sites, please report
to help@ebillhelp.com. Include with your report any appropriate
evidence, including the date and time. All reports will immediately be
investigated and the appropriate action will be taken. We enthusiastically
cooperate with any law-enforcement agency investigating child pornography. If
you suspect other outside websites are participating in unlawful activities
involving minors, please report them to www.asacp.org.
IV. Illegal Content and Abuse Reporting
Network does not allow any non-consensual content or content that
constitutes a violation of acceptable content defined by the card association
guidelines, that may be known revenge porn, sexual image based abuse, or
otherwise non-consensual content.
If you are the victim or have first-hand knowledge of illegal content, we
encourage you to notify us immediately by emailing help@ebillhelp.com,
calling 1-305-428-3530, or calling toll-free 1-800-956-3107 in order to
initiate a content review process and take other necessary actions. Reporting
users or content this way is completely confidential. When contacting us please
include all relevant URL links as well as the reason and any additional context
that you feel will assist us in reviewing your request to have the content
removed. All content removal requests submitted are reviewed, addressed, and
removed expeditiously, where appropriate.
V. Protected Speech
You further acknowledge that the Sites contain only images
protected by the First Amendment to the United States Constitution. If you are
seeking obscenity or child pornography, please leave this Site immediately.
VI. Trademark Information
The names of the Sites are the trademarks of the Network,
(collectively, the "Network Marks"). All rights are reserved. Other
manufacturers' product and service names referenced herein may be trademarks
and service marks of their respective companies and are the exclusive property
of such respective owners. The Network Marks may not be used except with
express permission from Network, and may not be used in any manner that is
likely to cause confusion among consumers, or in any manner that disparages or
discredits Network.
VII. Copyright
The material and content accessible on the Sites, and any other
World Wide Web site owned, operated, licensed, and/or controlled by Network
(collectively, “Materials”) are the proprietary information and valuable
intellectual property of Network or the party that provided the Materials to
Network (collectively, the “Materials Owner”), and the Materials Owner retains
all right, title, and interest in the Materials. Accordingly, the Materials may
not be copied, distributed, republished, uploaded, posted, or transmitted in
any way without the prior written consent of Network, except that you may print
out a copy of the Materials solely for your personal use. You may not for any
reason, at any time remove or alter, or cause to be removed or altered, any
copyright, trademark, trade name, service mark, or any other proprietary notice
or legend appearing on any of the Materials. Modification or use of all or any
portion of the Materials except as expressly provided in these Terms and
Conditions violates Network’s intellectual property rights and may result in
legal action against you for damages, including, without limitation, statutory
damages. Neither title nor intellectual property rights are transferred to you
by virtue of your access to the Sites. All content included on the Sites, such
as text, graphics, photographs, video and audio clips, music, soundtracks,
button icons, streaming data, animation, images, downloadable materials, data
compilations and software is the property of Network or its content suppliers
and is protected by United States and international copyright laws. The
compilation of content on each Site is the exclusive property of Network or its
content suppliers and protected by United States and international copyright
laws, as well as other laws and regulations.
VIII. Access to Sites, License to View Materials
To access the Sites or some of the resources they have to offer,
you may be asked to provide certain registration details or other information.
It is a condition of your use of these Sites that all information you provide
will be correct, current, and complete. If Network believes the information you
provide is not correct, current, or complete, Network has the right to refuse
you access to these Sites and/or any of its resources, and to terminate or
suspend your access at any time. Subject to these Terms and Conditions and in
consideration of your becoming a member to a Site, Network hereby grants you a
limited, nonexclusive, nontransferable personal license to access the Sites and
the Materials contained therein. Subject to Section IX (F), provided that you
are a member in good standing to a Site, you may cache the Materials onto a
single computer for your personal, non-commercial internal use only. All
Materials on the Sites shall be for private use only, and all other uses are
strictly prohibited. You agree to prevent unauthorized access to the Sites and
copying of any of the Sites, and/or any of the Materials contained therein. If
the membership only portion of any Site is accessed by anyone other than an
accountholder, Network may terminate your membership to all or any of the
Sites. Any unauthorized use of a Site and/or any of the Materials terminates
this limited license effective immediately. This license granted herein is
specific to you and such license is in no way a transfer of title. Violators of
this limited license may be prosecuted to the fullest extent under law.
IX. Restrictions on Use of Sites
You may only use the Sites for purposes expressly permitted by the
Sites. You may not use the Sites for any other purpose, including, without
limitation, any commercial purpose or on any third party website, without
Network’ express prior written consent. Without the express prior written
authorization of Network, you may not: (a) duplicate a Site or any of the
Materials contained therein (except as expressly provided above in Section
VII); (b) create derivative works based on a Site or any of the Materials
contained therein; (c) use the Sites or any of the Materials contained therein
for any commercial purpose, or for any public display, public performance, sale
or rental or other form of distribution whether for a fee or otherwise; (d)
distribute or otherwise share the Sites or any of the Materials contained
therein; (e) remove any copyright or other proprietary notices from the Site or
any of the Materials contained therein; (f) frame or utilize any framing
techniques in connection with the Sites or any of the Materials contained
therein; (g) use any meta-tags or any other “hidden text” using Network’ name
or marks; (h) “deep-link” to any page of any of the Sites (including the
homepage); (i) circumvent any encryption or other security tools used anywhere
on the Sites (including the theft of user names and passwords or using another
person’s user name and password in order to gain access to any restricted area
of any of the Sites); (j) use any data mining, robots or similar data gathering
and extraction tools on any or all of the Sites; (k) decompile, reverse
engineer, modify or disassemble any of the software aspect of the Sites or
Materials except and only to the extent required by applicable law; (l) sell,
rent, lease, license, sublicense, transfer, distribute, re-transmit,
time-share, use as a service bureau or otherwise assign to any third party the
Materials or any of your rights to access and use the Materials as granted in
Section VII above; or (m) bookmark any page of any Site beyond the membership
log-in screen. You agree to cooperate with Network in causing any unauthorized
use to cease immediately. At any time, if the Sites provide a service enabling
users to share information or communicate with other users, you hereby agree
not to publish, disseminate or submit any defamatory, offensive or illegal
material while using the Sites or other services included on the Sites. You are
solely responsible for submitting any material that violates any United States
or International laws even if a claim arises after your service is terminated,
and, by doing so, your actions shall constitute a material breach of this
Agreement and the Sites shall terminate all your rights under this Agreement.
If users are allowed to share information and communicate with other users, you
agree that all materials you submit will be accessible to other users and will
not be secure or private. You hereby agree that you have been noticed that all
communications submitted to the Sites can be accessed by agents, operators, and
other users, regardless if they are the intended recipients of the messages.
X. Membership
A. Registration
You are responsible for providing all equipment and the computer
necessary to access the Sites. You may access the non-public portion of any
Site only by being a member in good standing to that Site. You may become a
member of a Site by completing an online registration form. Upon submission of
the online registration form, Network or its authorized agent will process the
application. In connection with completing the online registration form, you
agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the registration form (such information being the
“Registration Data”) and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete at all times while you are a
member. You must promptly inform Network of all changes, including, but not
limited to, changes in your address and changes in your credit card used in connection
with billing for the Sites. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Network or any of its authorized
agents have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Network has the right to suspend or
terminate your account and refuse any and all current or future use of the Site
or Sites.
B. Member Account, Password and Security
As part of the registration process, you will select a unique user
name and password which you must provide in order to gain access to the
non-public portion of a Site. You represent and warrant that you will not
disclose to any other person your unique user name and password and that you
will not provide access to any Site to anyone who is below the age of majority
in your state. You are solely responsible for maintaining the confidentiality
of your user name and password and are fully responsible for all activities
that occur under your user name and password. Network will not release your
password for security reasons. You agree to (a) immediately notify Network of
any unauthorized use of your user name and password or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. You are liable and responsible for any unauthorized use of the Sites
under your account until you notify Network by email regarding such
unauthorized use. Unauthorized access to the Sites is illegal and a breach of
this Agreement. You may obtain access to your billing records regarding charges
of your use of the Sites upon request as required by law. You may be first
required to provide information sufficient to confirm the applicable account
belongs to you.
C. Fees
You agree to pay all membership fees when due according to the
billing terms. Network posts the current membership fees for each Site as part
of the registration process. Network reserves the right to change any Site’s
membership fees at any time, with or without prior notice to you. At the time
of registration, you must select a payment method. Network reserves the right
to contract with a third party to process all payments. Such third party may
impose additional terms and conditions governing payment processing. Your
account will be deemed past due if it is not paid in full by the payment due
date. If your account becomes past due, you agree to pay interest on the past
due amount at a monthly rate of 1.5%, or the highest amount allowed by law,
whichever is lower, compounded daily, plus any additional collection costs,
credits, charge backs and attorney’s fees. Your card issuer agreement may
contain additional terms with respect to your rights and liabilities as a card
holder. You are responsible for reimbursing Network for all credit card charge
backs, dishonored checks and any related charges. You authorize Network and its
agents to make payments for the services provided to you through the Sites by
automatic check debit and credit card on your behalf. You hereby agree not to
falsely report the credit card or check card lost or stolen, without good
reason that it is lost or stolen, that you have used for payment of Network’
goods or services, including subscriptions. Such fraudulent reporting to avoid
payment for goods or services that you or anyone under your authority has made
to Network or the Sites when you have an outstanding charge to Network shall
make you liable to Network for $25,000 in liquidated damages. This liability
for liquidated damages is in addition to any other liability you may incur for
breaches of any other Terms and Conditions in this Agreement.
D. Billing Errors
If you believe that you have been erroneously billed, please
notify us immediately of such error. If we do not hear from you within one
hundred and twenty (120) days after such billing error first appears on any
account statement, such fee will be deemed acceptable by you for all purposes,
including resolution of inquiries made by your credit card issuer.
E. Refund Policy
Network does not provide cash refunds. We do, however, grant
credits in the form of free monthly memberships to resolve customer service
issues. The billing system used by Network or our authorized agents provides
extensive credit card fraud protection measures and our Sites include many
features to protect users from accidental charges. Therefore, refunds to your
credit card will be provided only under the rarest of circumstances such as
persistent technical problems originating with our equipment.
F. Download Limit
We reserve the right to restrict the amount of Materials which may
be downloaded by your account at any time.
X. Termination
You may cancel your membership at any time through the third party
who is processing your fees. Links to these third party processors are located
in the customer service area within the non-public portion of the website.
Otherwise you may cancel your membership by providing: (a) our customer service
department with a notice of your intent to cancel the membership at least 48 hours
before the renewal date along with your user name and password; and (b) any
outstanding fees owed for your membership. You hereby agree to be personally
liable for any and all charges made by you for goods or services through your
use of the Sites. This Agreement’s provisions shall survive its termination,
unless otherwise stated. Upon our processing of your request to cancel your
membership, you will no longer have access to the non-public areas of the Site
or Sites to which you were a member.
BrosNetwork may terminate your access to a Site at any time, with
or without advance notice, if: (a) Network believes that you have breached any
material term of these Terms and Conditions, (b) if you fail to pay any amount
due by the payment due date; or (c) Network decides to cease operations or to
otherwise discontinue any of the Sites. Further, you agree that neither Network
nor any third party acting on our behalf shall be liable to you for any
termination of your membership or access to any of the Sites. You agree that if
your account is terminated by Network, you will not attempt to re-register as a
member without prior written consent from Network.
XII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITES OR ANY OF THE MATERIALS
CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITES AND ALL MATERIALS
CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY MATERIALS
CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES NETWORK MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITES OR ANY OF THE
MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR
ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND THAT NETWORK CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES
AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS,
TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE
PROPERTIES. NETWORK DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF
THE INTERNET. NETWORK MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SITES OR ANY TRANSACTION ENTERED INTO THROUGH
THE SITES AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE
INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
XIII. Limitation of Liability
IN NO EVENT SHALL NETWORK (OR ITS LICENSORS, AGENTS, SUPPLIERS,
RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE
TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY
PERSON’S USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY OF THE MATERIALS
CONTAINED THEREIN, EVEN IF NETWORK HAS BEEN ADVISED OF THE PROBABILITY OF SUCH
DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT,
WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE,
EVEN IF NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL NETWORK’S MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT
DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES
FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE
CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
XIV. Indemnity
You agree to defend, indemnify, and hold harmless Network, its
officers, directors, shareholders, employees, independent contractors and
agents, from and against any and all claims, actions, liabilities, costs, or
demands, including without limitation legal and accounting fees, for all
damages directly, indirectly, and/or consequentially resulting or allegedly
resulting from your, or you under another person’s authority including without
limitation to use, misuse, or inability to use the Sites or any of the
Materials contained therein, or your breach of any of these Terms and
Conditions. Network shall promptly notify you by electronic mail of any such
claim or suit, and cooperate fully (at your expense) in the defense of such
claim or suit. Network may participate in the defense of such claim or defense
at its own expense, and choose its own legal counsel, but is not obligated to
do so.
XV. Links
Some web sites which are linked to the Sites are owned and
operated by third parties. Because Network has no control over such sites and
resources, you acknowledge and agree that Network is not responsible for the
availability of such external sites or resources, and does not screen or
endorse them, and is not responsible or liable for any content, advertising,
services, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that Network shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
third-party content, goods or services available on or through any such site or
resource. If you decide to access any such third party sites, you do so
entirely at your own risk and subject to any terms and conditions and privacy
policies posted therein.
XVI. Notice of Claimed Infringement
Network respects the intellectual property of others, and we ask
our users to do the same. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide Network’ Copyright Agent
the following information:
- an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
- description of the copyrighted
work or other intellectual property that you claim has been infringed;
- a description of where the
material that you claim is infringing is located on a Site;
- your address, telephone number,
and email address;
- 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
- a statement by you, made under
penalty of perjury, that the above information in your Notice is accurate
and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner’s
behalf.
You may send your Notice of Claimed Infringement to:
Dr. Daniel Kötz
Blumenst. 7
Duesseldorf, 40212
Germany
Fax: +6289 666 - 54 00 07
donasigirls@gmail.com
Please do not sent other inquires or information to our Designated
Agent.
XVII. Notice and Takedown Procedures
Network reserves the right at any time to implement a “notice and
takedown” procedure upon receipt of any notification of claimed infringement.
Network reserves the right at any time to disable access to, or remove any
material or activity accessible on or from any Site or any Materials claimed to
be infringing or based on facts or circumstances from which infringing activity
is apparent.
XVIII. Export Control
You understand and acknowledge that the software elements of the
Materials on the Sites may be subject to regulation by agencies of the U.S.
Government, including the U.S. Department of Commerce, which prohibits export
or diversion of software to certain countries and third parties. Diversion of
such Materials contrary to U.S. law is prohibited. You will not assist or
participate in any such diversion or other violation of applicable U.S. laws
and regulations. You warrant that you will not license or otherwise permit
anyone not approved to receive controlled commodities under applicable U.S.
laws and regulations and that you will abide by such laws and regulations. You
agree that none of the Materials is being or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to proscribed or embargoed
countries or their nationals or be used for proscribed activities.
XIX. Force Majeure
Network shall not be responsible for any failure to perform due to
unforeseen circumstances or to causes beyond our reasonable control, including
but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes,
tropical storms or other natural disasters; war, riot, arson, embargoes, acts
of civil or military authority, or terrorism; fiber cuts; strikes, or shortages
in transportation, facilities, fuel, energy, labor or materials; failure of the
telecommunications or information services infrastructure; hacking, SPAM, or
any failure of a computer, server or software for so long as such event
continues to delay Network’s performance.
XX. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or
otherwise relating to these Terms and Conditions shall be governed by the laws
of the State of Florida, excluding its conflict of law provisions. The parties
agree that the United Nations Convention on Contracts for the International
Sale of Goods is specifically excluded from application to these Terms and
Conditions. The parties hereby submit to the personal jurisdiction of the state
and federal courts of the State of Florida. Exclusive venue for any litigation
or arbitration permitted under this Agreement shall be with the state and
federal courts located in Miami-Dade County, Florida.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to
provide an aggrieved party with full compensation in the event of the other
party’s breach, and that an aggrieved party shall therefore be entitled to seek
injunctive relief in the event of any such breach, in addition to seeking all
other remedies available at law or in equity.
C.Arbitration
All Disputes (including any dispute relating to the arbitrability
of this Agreement or any provision of this Agreement or any other dispute
relating to arbitration) must be submitted to arbitration before and in
accordance with the arbitration rules of the American Arbitration Association
in accordance with its commercial arbitration rules. The term “Dispute” means
any controversy or claim arising out of or relating to the Site or the Services
or this Agreement, or any breach thereof, including any claim that this
Agreement, or any part of this Agreement is invalid, illegal or otherwise
voidable or void.
The provisions of this Arbitration Section must be construed as
independent of any other covenant or provision of this Agreement; provided that
if a court of competent jurisdiction or arbitrator determines that any such
provisions are unlawful in any way, such court or arbitrator is to modify or
interpret such provisions to the minimum extent necessary to have them comply
with the law. Notwithstanding any provision of this Agreement relating to under
which state’s laws this Agreement is to be governed by and construed under, all
issues relating to arbitrability or the enforcement of the Agreement to
arbitrate contained herein are to be governed by the Federal Arbitration Act (9
U.S.C. § 1 et seq.) and the federal common law of arbitration.
Judgment upon an arbitration award may be entered in any court
having competent jurisdiction and will be binding, final and non-appealable.
You and Network hereby waive to the fullest extent permitted by law, any right
to or claim for any punitive or exemplary damages against the other and agree
that in the event of a dispute between them, each shall be limited to the
recovery of any actual damages sustained by it.
This arbitration provision is self-executing and will remain in
full force and effect after the expiration or termination of this Agreement. In
the event either party fails to appear at any properly noticed arbitration
proceeding, an award may be entered against such party by default or otherwise
notwithstanding said failure to appear.
Arbitration take place in Miami-Dade County, Florida, exclusively.
You and Network hereby agree that no action (whether for arbitration, damages,
injunctive, equitable or other relief, including rescission) will be maintained
by any party to enforce any liability or obligation of the other party, whether
arising from this Agreement or otherwise, or any other Dispute, unless brought
before the expiration of the earlier of one year from the occurrence of the
facts giving rise to such claims or within 90 days from either the actual
discovery of the facts giving rise to such claims or from the date on which the
party should have, in the exercise of reasonable diligence, discovered such
facts.
The obligation to arbitrate is not binding upon Network with
respect to claims relating to its trademarks, service marks, patents,
copyrights, or other intellectual- property rights, or requests for temporary
restraining orders, preliminary injunctions or other procedures in a court of
competent jurisdiction to obtain interim relief when deemed necessary by such
court to preserve the status quo or prevent irreparable injury pending
resolution by arbitration of the actual dispute between the parties.
The prevailing party will be entitled to receive from the
non-prevailing party its costs relating to the arbitration proceeding including
but not limited to, the arbitrator's fees, attorneys' fees and costs, witness
fees, transcription fees, etc. and sales and use taxes thereon, if any.
You and Network each acknowledges and agrees that it is the intent
of the parties that arbitration and litigation between the parties will be of
the parties' individual claims, and that none of their respective claims may be
arbitrated or litigated on a class-wide basis.
D. Assignment
The rights and liabilities of the parties hereto will bind and
inure to the benefit of their respective assignees, successors, executors, and
administrators, as the case may be. Neither these Terms and Conditions nor any
rights granted hereunder may be sold, leased, assigned or otherwise
transferred, in whole or in part by you.
E. Severability
If for any reason a court of competent jurisdiction or an
arbitrator finds any provision of these Terms and Conditions, or any portion
thereof, to be unenforceable, that provision will be enforced to the maximum
extent permissible and the remainder of these Terms and Conditions will
continue in full force and effect.
F. Attorney’s Fees
In the event of any litigation arising out of this agreement, the
prevailing party shall be entitled to attorney’s fees, including attorney’s
fees incurred on appeal.
G. No Waiver
No waiver of Network shall be deemed a waiver of any subsequent
default of the same provision of these Terms and Conditions. If any term,
clause or provision hereof is held invalid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or
operation of any other term, clause or provision and such invalid term, clause
or provision shall be deemed to be severed from these Terms and Conditions.
H. Headings
All headings are solely for the convenience of reference and shall
not affect the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between
the parties with respect to your access and use of any of the Sites and the
Materials contained therein, and your membership with any of the Sites, and
supersedes and replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter (except, to the
extent applicable, any Download Agreement or similar contract governing the
parties’ rights and responsibilities in connection with any specific Materials
downloadable from a Site). No amendment to or modification of these Terms and
Conditions will be binding unless in writing and signed by a duly authorized
representative of both parties.
J. Modifications
Network reserves the right to change any of the provisions posted
herein and you agree to review these Terms and Conditions each time you visit a
Site. In the event of a change to these Terms that substantially limits your
rights hereunder, Network will provide you with written notice prior to such
changes taking effect. Your continued use of a Site following Network’s posting
of any changes to these Terms and Conditions constitutes your acceptance to
such changes. Unless accepted by Network in writing, these Terms and Conditions
may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at
private expense and are “commercial computer software” or “restricted computer
software” within the meaning of the FARs, the DFARs, and any other similar
regulations relating to government acquisition of computer software. Nothing
contained herein will be deemed to: (1) grant any government agency any license
or other rights greater than are mandated by statute or regulation for
commercial computer software developed entirely at private expense, or (2)
restrict any government rights in any extensions or custom solutions provided
hereunder and developed at government expense.
L. Other Jurisdictions
Network makes no representation that the Sites or any of the
Materials contained therein are appropriate or available for use in other
locations, and access to them from territories where their content may be
illegal or is otherwise prohibited. Those who choose to access the Sites from
such locations do so on their own initiative and are solely responsible for
compliance with all applicable local laws.
M. Mailing Address
12378 SW 82 Avenue Miami, FL 33156
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