A. Assent to Agreement
BY USING THIS WEBSITE AND OUR MOBILE APPLICATIONS, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
This website (the “site”) is provided by the owners and moderators of AllThingsOrlando.com (“AllThingsOrlando”). The site may be used for personal and non-commercial informational purposes only. If the user is not an individual, then “you” means your company, its officers, members, agents, successors, and assigns.
B. Restrictions on Use
Except as otherwise permitted in writing by AllThingsOrlando, no materials from the AllThingsOrlando site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the AllThingsOrlando site for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the AllThingsOrlando site for public or commercial purposes, including any text, images, audio, or video without AllThingsOrlando’s written permission. You may not mirror any material contained on this site on any other server. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AllThingsOrlando without express written consent. You may not use any metatags or any other “hidden text” using AllThingsOrlando’s name or trademarks without the express written consent of AllThingsOrlando. Any unauthorised use terminates the permission or licence granted by AllThingsOrlando. If you operate a website and wish to link to the site, Your website may link only to the site’s home page at http://www. AllThingsOrlando.com and not to any other portion of the site, unless otherwise negotiated directly with AllThingsOrlando. AllThingsOrlando reserves the right to reject or terminate any links to the Content at any time for any reason.
C. Intellectual Property
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software is the property of AllThingsOrlando or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the US copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and AllThingsOrlando owns a copyright in the selection, coordination, arrangement, and displayed enhancement of such content. All software used on this site is the property of AllThingsOrlando or its software suppliers and is protected by US and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on the site, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site, except as specifically permitted below, is strictly prohibited.
D. Limited License
AllThingsOrlando grants you a limited, nonexclusive, non-transferable personal licence to access, display, and copy the Materials on the AllThingsOrlando website for personal, non-commercial use only, subject to the requirements set forth in this Agreement. This licence is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not expressly granted herein are reserved.
E. Representations and Warranties
By using this site, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use this website in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorised to sign for and bind the contracting party; and (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from AllThingsOrlando for any purpose.
F. Disclaimer of Warranties
You expressly agree that use of the AllThingsOrlando site is at your sole risk. Neither AllThingsOrlando, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, Providers), or the like, warrant that the AllThingsOrlando site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the AllThingsOrlando site or the content contained therein, or as to the accuracy, completeness, reliability, security or currency of the content. The content may contain errors, omissions, inaccuracies, or outdated information. Further, AllThingsOrlando does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through the site. AllThingsOrlando reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the site. AllThingsOrlando may make any other changes to the site and you understand the site content such as products, programs, dates, times, services and/or prices (if any) described in the site are subject to change at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE ARE PROVIDED BY ALLTHINGSORLANDO ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. ALLTHINGSORLANDO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THE ALLTHINGSORLANDO SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. ALLTHINGSORLANDO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT, OR INFORMATION ON THE ALLTHINGSORLANDO SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE ALLTHINGSORLANDO SITE OR YOUR USE OF THE ALLTHINGSORLANDO SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
G. Limitation of Liabilities
YOU AGREE THAT ALLTHINGSORLANDO AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THE ALLTHINGSORLANDO SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, SHALL ALLTHINGSORLANDO OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OR PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THE ALLTHINGSORLANDO SITE, YOUR USE OF, OR INABILITY TO USE, THE ALLTHINGSORLANDO SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER ALLTHINGSORLANDO OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If, however, despite the exclusions contained in this agreement, the AllThingsOrlando should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this Site, the AllThingsOrlando’s liability shall not exceed the amount of any subscription fees and/or service charges, if any, paid by claimant to the AllThingsOrlando for the services and/or data with respect to which liability is found.
H. Discussion Areas
AllThingsOrlando may operate discussion areas in a good faith attempt to foster open communication via the Internet. AllThingsOrlando requests that only messages suitable to the subject matter of discussions are posted, and such messages are respectful of others. AllThingsOrlando reserves the right to cancel any message posted at any time. The views expressed in discussion areas are the thoughts and ideas of the posting author only; AllThingsOrlando does not necessarily support or endorse any such views. Furthermore, AllThingsOrlando is not responsible for any loss or damage that may occur directly or indirectly from the posting of a message to the discussion area.
You agree to indemnify, defend, and hold harmless AllThingsOrlando, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees and costs, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
K. Dispute Resolution
Any dispute relating in any way to your use of the AllThingsOrlando site shall be submitted to confidential arbitration in Orlando, Florida, except that, to the extent you have in any manner violated or threatened to violate AllThingsOrlando’s intellectual property rights, AllThingsOrlando may seek injunctive or other appropriate relief in any state or federal court in Polk County, Florida and you consent and submit to the personal and exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
L. Limitations on Claims
Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises.
M. Term and Termination
Without limiting its other remedies, AllThingsOrlando may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement.
N. Hyperlink Disclaimers
As a convenience to you, AllThingsOrlando may provide, on this site, links to websites operated by other entities (collectively the “Linked Site”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by AllThingsOrlando. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by AllThingsOrlando. AllThingsOrlando does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site, other than linked information authored by AllThingsOrlando. Links do not imply that AllThingsOrlando or this site sponsors, endorses, is affiliated or associated with, or its legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorised to use any trademark, trade name, logo or copyright symbol of AllThingsOrlando or any of its affiliates or subsidiaries. Except for links to information authored by AllThingsOrlando, AllThingsOrlando is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Link Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. AllThingsOrlando reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the web matters of any Linked Sites concerning any information, goods and/or services appearing thereon.
O. Choice of Law and Venue
The site is controlled, operated and administered by AllThingsOrlando from its offices within Davenport, Florida, United States of America. AllThingsOrlando makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the Materials in violation of US export laws and regulations. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Florida, without giving effect to its conflict of law’s provisions. This is the case regardless of whether you reside or transact business with AllThingsOrlando in Florida or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the courts located within Polk County, Florida.
P. Entire Agreement
This Agreement constitutes the entire agreement between AllThingsOrlando and you with respect this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and AllThingsOrlando with respect to this website. 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 to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Q. Modifications to Agreement
R. Designated Agent and Notification of Claimed Copyright Infringement
If you believe that any works on the Site infringe your copyright rights, please provide AllThingsOrlando’s copyright agent with information as required by Section 512(c) of the U.S. Copyright Act. Under Title 17, United States Code, Section 512(c)(2), AllThingsOrlando designates an agent as described below, to receive notifications of claimed infringement:
Legal name and address of service provider:
PMB Software LLC, 4500, Belvedere Road, Ste. A-3, West Palm Beach, Fl 33415
Name under which service provider does business: AllThingsOrlando
Designated agent: Mr. Ben S. Beitler
Designated agent’s address:
PMB Software LLC, 4500, Belvedere Road, Ste. A-3, West Palm Beach, Fl 33415
S. Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent or agreement you transmit through the AllThingsOrlando website, including but not limited to any consent you give to receive communications from AllThingsOrlando solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” “Make a Payment,” “Download,” “Print” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent to these terms will be legally binding and enforceable and the legal equivalent of your handwritten signature.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.