TERMS OF USE
Effective March 7, 2007
Palm Beach Strategy Group, its affiliates, parent company and/or subsidiaries (collectively "PBSG") provide access and content to this Web site (the "Site") subject to the following terms and conditions (the "Terms"), which may, in PBSG's sole discretion, change from time to time. By accessing this site, you agree to the following terms and conditions. For information related to PBSG's collection and use of any information you provide, PBSG encourages you to review PBSG's Privacy Policy.
1. Use of Site Content
PBSG hereby grants you a nonexclusive, non-transferable license for the term hereof to access download and display the content and functionality on the Site. You may not modify the Site content in any way and you must retain any and all copyright and/or other proprietary notices displayed on the Site and/or its content. Except as stated herein, you may not otherwise reproduce, modify, distribute, transmit, post or disclose the Site's content without PBSG's prior, written consent, which consent may be withheld in PBSG's sole discretion.
Notwithstanding the foregoing, the above grant shall not apply to any fee-based content provided on the Site and/or any other content, which is subject to a separate licensing agreement. In such case, the terms of any such separate licensing agreement shall govern with respect to that content.
2. Intellectual Property
All content and functionality on the Site including, but not limited to, text, graphics, video, logos, icons, images and the selection, arrangement and/or aggregation thereof, is the exclusive property of PBSG and/or its licensors and protected by U.S. and international copyright laws. Moreover, the trademarks, service marks, designs and logos on the Site are the registered or unregistered trademarks of PBSG and its licensors and/or other third parties. You may not attribute any information to PBSG or its licensors in any manner for advertising or promotion purposes and you may not reproduce any trademark of, or imply any relationship with, PBSG and/or its licensors and/or any other affiliated third parties. Framing the content of this Site is strictly prohibited.
3. Online Requests
PBSG may offer to provide information or materials via e-mail or otherwise to interested persons. PBSG reserves the right, in its sole discretion, to reject any request for such information or materials or to discontinue the provision of such information or materials to any person, firm or organization for any reason whatsoever.
4. Third Party Websites
PBSG may provide links to third-party Web sites or may provide third-party content. PBSG has no responsibility for such third-party sites and/or content, which are strictly governed by the terms of use of such third-party sites and/or their respective privacy policies.
5. Disclaimer, Limitation of Liability and Indemnification
THE SITE AND THE CONTENT ARE DISTRIBUTED AND ARE PUBLISHED ON AN "AS IS" BASIS. NEITHER PBSG, ITS OFFICERS AND/OR OTHER AFFILIATED PERSONNEL, ITS THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY AND/OR COMPLETENESS OF THE CONTENT AND ANY OTHER INFORMATION PROVIDED THEREIN IS ASSUMED SOLELY BY YOU. NETIHER PBSG, NOR ANY THIRD PATY PROVIDER OF CONTENT OR THEIR RESPECTIVE AGENTS, WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES PBSG, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINEDFROM THE USE OF THE SITE AND/OR ITS CONTENT.
UNDER NO CIRCUMSTANCES SHALL PBSG, NOR ANY THIRD PARTY CONTENT PROVIDER, NOR THEIR SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS AND/OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGESARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, BUT NO LIMITED TO, DAMAGES RESULTING FROM THE DOWLOAD OF VIRUSES, BUGS AND/OR SURREPTITIOUS CODES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND/OR LIMITATIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PBSG, THIRD PARTY CONTENT PROVIDERS AND THEI RESPECTIVE AGENTS SHALL BE LIMIED TO THE GREATEST EXTENT PERMITTED BY LAW.
You hereby agree to defend, indemnify, and hold PBSG, all of is successors, parents, subsidiaries affiliates, officers, agents, information providers, attorneys and all other representatives ("Indemnified Parties"), harmless from and against any and all liability, damages, losses, costs, expenses (including attorneys' fees) incurred by PBSG and other Indemnified Parties in connection with any claim arising out of any use and/or alleged use by you of this Site or arising out of or relating to any breach by you of these Terms, or the representations, warranties and covenants you have agreed to by agreeing to these Terms. Further, PBSG reserves the right in its sole determination, to assume the exclusive defense and control of any matters otherwise subject to indemnification by you and, in such case, you agree to cooperate reasonably, at PBSG's expense, with PBSG's defense of such claim.
6. No Amendment or Waiver
These Terms may only be amended and/or modified by PBSG in writing. No waiver shall take effect unless authorized in writing by PBSG.
Effective March 7, 2007
Palm Beach Strategy Group, its affiliates, parent company and/or subsidiaries (collectively "PBSG") provide access and content to this Web site (the "Site") subject to the following terms and conditions (the "Terms"), which may, in PBSG's sole discretion, change from time to time. By accessing this site, you agree to the following terms and conditions. For information related to PBSG's collection and use of any information you provide, PBSG encourages you to review PBSG's Privacy Policy.
1. Use of Site Content
PBSG hereby grants you a nonexclusive, non-transferable license for the term hereof to access download and display the content and functionality on the Site. You may not modify the Site content in any way and you must retain any and all copyright and/or other proprietary notices displayed on the Site and/or its content. Except as stated herein, you may not otherwise reproduce, modify, distribute, transmit, post or disclose the Site's content without PBSG's prior, written consent, which consent may be withheld in PBSG's sole discretion.
Notwithstanding the foregoing, the above grant shall not apply to any fee-based content provided on the Site and/or any other content, which is subject to a separate licensing agreement. In such case, the terms of any such separate licensing agreement shall govern with respect to that content.
2. Intellectual Property
All content and functionality on the Site including, but not limited to, text, graphics, video, logos, icons, images and the selection, arrangement and/or aggregation thereof, is the exclusive property of PBSG and/or its licensors and protected by U.S. and international copyright laws. Moreover, the trademarks, service marks, designs and logos on the Site are the registered or unregistered trademarks of PBSG and its licensors and/or other third parties. You may not attribute any information to PBSG or its licensors in any manner for advertising or promotion purposes and you may not reproduce any trademark of, or imply any relationship with, PBSG and/or its licensors and/or any other affiliated third parties. Framing the content of this Site is strictly prohibited.
3. Online Requests
PBSG may offer to provide information or materials via e-mail or otherwise to interested persons. PBSG reserves the right, in its sole discretion, to reject any request for such information or materials or to discontinue the provision of such information or materials to any person, firm or organization for any reason whatsoever.
4. Third Party Websites
PBSG may provide links to third-party Web sites or may provide third-party content. PBSG has no responsibility for such third-party sites and/or content, which are strictly governed by the terms of use of such third-party sites and/or their respective privacy policies.
5. Disclaimer, Limitation of Liability and Indemnification
THE SITE AND THE CONTENT ARE DISTRIBUTED AND ARE PUBLISHED ON AN "AS IS" BASIS. NEITHER PBSG, ITS OFFICERS AND/OR OTHER AFFILIATED PERSONNEL, ITS THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY AND/OR COMPLETENESS OF THE CONTENT AND ANY OTHER INFORMATION PROVIDED THEREIN IS ASSUMED SOLELY BY YOU. NETIHER PBSG, NOR ANY THIRD PATY PROVIDER OF CONTENT OR THEIR RESPECTIVE AGENTS, WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES PBSG, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINEDFROM THE USE OF THE SITE AND/OR ITS CONTENT.
UNDER NO CIRCUMSTANCES SHALL PBSG, NOR ANY THIRD PARTY CONTENT PROVIDER, NOR THEIR SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS AND/OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGESARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, BUT NO LIMITED TO, DAMAGES RESULTING FROM THE DOWLOAD OF VIRUSES, BUGS AND/OR SURREPTITIOUS CODES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND/OR LIMITATIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PBSG, THIRD PARTY CONTENT PROVIDERS AND THEI RESPECTIVE AGENTS SHALL BE LIMIED TO THE GREATEST EXTENT PERMITTED BY LAW.
You hereby agree to defend, indemnify, and hold PBSG, all of is successors, parents, subsidiaries affiliates, officers, agents, information providers, attorneys and all other representatives ("Indemnified Parties"), harmless from and against any and all liability, damages, losses, costs, expenses (including attorneys' fees) incurred by PBSG and other Indemnified Parties in connection with any claim arising out of any use and/or alleged use by you of this Site or arising out of or relating to any breach by you of these Terms, or the representations, warranties and covenants you have agreed to by agreeing to these Terms. Further, PBSG reserves the right in its sole determination, to assume the exclusive defense and control of any matters otherwise subject to indemnification by you and, in such case, you agree to cooperate reasonably, at PBSG's expense, with PBSG's defense of such claim.
6. No Amendment or Waiver
These Terms may only be amended and/or modified by PBSG in writing. No waiver shall take effect unless authorized in writing by PBSG.
7. Governing Law
These Terms and any action and/or claims arising in conjunction with the use of this Site, including, but not limited to, its privacy policy, shall be governed by the laws of the State of Florida. The courts of Palm Beach County, local or federal, shall have exclusive jurisdiction with respect to any such actions and/or claims with prejudice to any rights you may have with respect to venue and/or forum non conveniens.
These Terms and any action and/or claims arising in conjunction with the use of this Site, including, but not limited to, its privacy policy, shall be governed by the laws of the State of Florida. The courts of Palm Beach County, local or federal, shall have exclusive jurisdiction with respect to any such actions and/or claims with prejudice to any rights you may have with respect to venue and/or forum non conveniens.
