TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND
RESPONSIBILITIES
This is the official Terms of Use Agreement ("Agreement") for M3pi.com
("Site," "we," "us," or "our"), an Internet website provided by Multi-Media Marketing & Production, Inc. ("MMM").
This Agreement governs only the content, features, and activities related to
this Site and does not cover websites for any other company, unless specifically
stated.
This Site is offered and made available only to users 18 years of age or older
who reside in the United States of America. If you are not yet 18 years old, or
do not reside in the United States, please discontinue using the Site
immediately, or if for any reason, you do not agree with all of the terms and
conditions contained in this agreement, please discontinue using the Site
immediately because by using or attempting to use the Site, you certify that you
are at least 18 years of age and meet any other eligibility and residency
requirements of the Site.
These terms and conditions regarding your use of the Site constitute a legally
binding agreement between you and M3pi.com and the Parent Companies. In this
Agreement, the term "Site" includes all websites and webpages within
M3pi.com as well as any equivalent, mirror, replacement, substitute or
backup websites and webpages that are associated with the Site. By using this
Site, you understand, acknowledge and agree that you will abide by the terms of
this Agreement and any additional terms that govern certain products and
services, which will be presented in conjunction with those products and
services ("Additional Terms"). The Site may also provide rules of participation
("Rules") for certain activities and services including, but not without
limitation, contests and sweepstakes, award programs, membership clubs, and
email. The Site's Additional Terms, Privacy Policy and the Rules are hereby
incorporated in this Agreement by reference. To the extent that there is a
conflict between this Agreement and Additional Terms for the activity in which
you choose to participate, the Additional Terms shall govern. To the extent that
there is a conflict between this Agreement and the specific Rules for the
activity in which you choose to participate, this Agreement shall govern. This
Agreement will remain in full force and effect as long as you are a user of the
Site and in the event of termination of any membership, service or feature, you
will still be bound by your obligations under this Agreement, the Privacy
Policy, any Additional Terms or Rules, including any indemnifications,
warranties and limitations of liability.
The words "use" or "using" in this Agreement, means any time an individual (a
"user"), directly or indirectly, with or without the aid of a machine or device,
does or attempts to access, interact with use, display, view, print or copy from
the Site, transmit, receive or exchange data or communicate with the Site, or in
any way utilizes, benefits, takes advantage of or interacts with any function,
service or feature of the Site, for any purpose whatsoever. This Agreement does
not cover your rights or responsibilities with respect to third party content or
sites or any links that may direct your browser or your connection to third
party sites or pages. This is the entire and exclusive Agreement between you and
us regarding use of the Site and it cannot be modified, except as specifically
described below in Section 2.
1. REGISTRATION
We may require each user to have a unique user name and password combination in
order to access and use certain features or functions of the Site and may also,
from time to time, provide users with additional codes or passwords necessary to
access and use certain features or functions of the Site. Please read our
Privacy Policy, which describes the personally identifiable information
("Personal Information") we collect, use, disclose, manage and store. As part of
the registration process for the feature or function, you will choose a user
name and password (or we may assign an initial password which we will give you
the option to change). Your user name and password are personal to you and you
may not allow any others to use your user name or password under any
circumstances. We are not liable for any harm caused or related to the theft or
misappropriation of your user name or password, disclosure of your user name or
password, or your authorization of anyone else to use your user name or
password. You agree to immediately notify us if you become aware of or believe
there is or may have been any unauthorized use of (or activity using) your user
name or password or any other need to deactivate your user name or password due
to security concerns.
2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our
sole discretion, to change the terms of this Agreement. We will post or display
notices of material changes on the Site and we may also e-mail you about these
changes. Once we post them on the Site, these changes become effective
immediately and if you use the Site after they become effective it will signify
your agreement to be bound by the changes. You should check back frequently and
review the terms and conditions of this Agreement regularly so you are aware of
the most current rights and obligations that apply to you and the terms and
conditions of your agreement with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images,
photographs, illustrations, audio and video material, artwork, graphic material,
databases, proprietary information and all copyrightable or otherwise legally
protectible elements of the Site, including, without limitation, the selection,
sequence and 'look and feel' and arrangement of items, and all trademarks,
service marks and trade names (individually and/or collectively, "Material"),
are the property of the Parent Companies, and their subsidiaries, affiliates,
licensors, suppliers, operational service providers, advertisers, promotional
partners, or sponsors and are legally protected, without limitation, under U.S.
Federal and State, as well as applicable foreign laws, regulations and treaties.
Unless the context clearly requires otherwise or we explicitly say so in
writing, the term "Site" includes "Material" as well. The Site is to be used
solely for your noncommercial, non-exclusive, non-assignable, non-transferable
and limited personal use and for no other purposes. You must not alter, delete
or conceal any copyright or other notices contained on the Site, including
notices on any Material you download, transmit, display, print or reproduce from
the Site. You shall not, nor will you allow any third party (whether or not for
your benefit) to reproduce, modify, create derivative works from, display,
perform, publish, distribute, disseminate, broadcast or circulate to any third
party (including, without limitation, on or via a third party website), or
otherwise use, any Material without the express prior written consent of
Multi-Media Marketing & Production, Inc. or its owner if Multi-Media Marketing &
Production, Inc. is not the owner. Any unauthorized or prohibited use of any
Material may subject you to civil liability, criminal prosecution, or both,
under applicable federal, state and local laws. We require users to respect our
copyrights, trademarks, and other intellectual property rights. We likewise
respect the intellectual property of others. On notice, we will act
expeditiously to remove content on the Site that infringes the copyright rights
of others and will disable the access to the Site and its services of anyone who
uses them to repeatedly to infringe the intellectual property rights of others.
If you believe that the Site contains elements that infringe your copyrights in
your work, please follow our Notice and Procedure for Making Claims of Copyright
Infringement.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to
Title 17, United States Code, Section 512(c)(2), all notifications of claimed
copyright infringement on this Site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE
PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN
INFRINGED.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS
FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO
THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT
CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT
THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES.
THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US,
BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS
A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO
CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Multi-Media Marketing & Production, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Scott
Schoenbauer
Full Address of Designated Agent to Which Notification Should be Sent:
7700 Congress Ave, Suite 1116, Boca Raton, FL 33487
Telephone Number of Designated Agent:
(561) 981-5290
Facsimile Number of Designated Agent:
(561) 981-5291
Email Address of Designated Agent:
admin@m3pi.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of
Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized
to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been
infringed;
(3) A description of the material that you claim is infringing, and the location
where the original or an authorized copy of the copyrighted work exists (for
example, the URL of the page of the website where it is lawfully posted; the
name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our
website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
(7) 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.
4. ADVERTISING
From time to time, you may communicate with, receive communications from, be
re-directed to, interact with, or participate in or use the services or obtain
goods and services of or from, third parties (collectively, the "Advertisers")
such as our advertisers, sponsors, or promotional partners as a result of your
use of the Site. All such communication, interaction and participation is
strictly and solely between you and such Advertisers and we shall not be
responsible or liable to you in any way in connection with these activities or
transactions (including, without limitation, any representations, warranties,
covenants, contracts or other terms or conditions that may exist between you and
the Advertiser or any goods or services you may purchase or obtain from any
Advertiser).
5. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws
and regulations and, in some cases, international treaties. You are solely
responsible for all activities, acts and omissions that occur in, from, through
or under your user name or password. You shall not use, allow, or enable others
to use the Site, or knowingly condone use of this Site by others, in any manner
that is, attempts to, or is likely to:
be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually
explicit or sexually suggestive, racially, culturally, or ethnically offensive,
harmful, harassing, intimidating, threatening, hateful, objectionable,
discriminatory, or abusive, or which may or may appear to impersonate anyone
else;
affect us adversely or reflect negatively on us, the Site, our goodwill, name or
reputation or cause duress, distress or discomfort to us or anyone else, or
discourage any person, firm or enterprise from using all or any portion,
features or functions of the Site, or from advertising, linking or becoming a
supplier to us in connection with the Site;
send or result in the transmission of junk e-mail, chain letters, duplicative or
unsolicited messages, or so-called "spamming" and "phishing";
be used for commercial or business purposes, including, without limitation,
advertising, marketing or offering goods or services, whether or not for
financial or any other form of compensation or through linking with any other
website or webpages;
transmit, distribute or upload programs or material that contain malicious code,
such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other
potentially harmful programs or other material or information;
forge any TCP/IP packet header or part of the header information in any email or
newsgroup posting for any reason;
violate any laws, regulations (including, without limitation, laws regarding the
transmission of technical data or software exported from the United States),
judicial or governmental order, any treaties or violate or infringe upon any
intellectual property rights, rights of publicity or privacy, or any other
rights of ours or of any other person, firm or enterprise; gain unauthorized
access to the Site, other users' accounts, names, passwords, personally
identifiable information or other computers, websites or pages, connected or
linked to the Site or to use the Site in any manner which violates or is
inconsistent with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions,
operation or maintenance of the Site or the rights or use and enjoyment of the
Site by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or
display any material or information, whether personally identifiable or not,
posted by or concerning any other person, firm or enterprise, in connection with
their or your use of the Site, unless you have obtained the express, prior
permission of such other person, firm or enterprise to do so.
6. SHOPPING
All e-commerce on the Site is brought to you by Multi-Media Marketing &
Production, Inc. All goods and services offered for sale on the Site
("Products") are guaranteed by the manufacturer, licensor or distributor against
defects in material and workmanship for 30 days from the date of the invoice.
Within that time period, just contact Customer Service and we will coordinate
attempting to correct, repair or replace the defective Product or, if
applicable, in obtaining a refund for you. We have no responsibility or
liability whatsoever for goods or services you may obtain from or through other
websites or webpages, even if you were directed or linked to such a site or page
through the Site, nor are we responsible for assisting you in correcting any
problem you may experience with Products if you do not notify us within the 30
day period noted above or for any goods or services not obtained directly on the
Site. You agree that your sole and exclusive remedy and our sole, exclusive and
maximum liability arising from or relating in any way to any Product shall be
the amount you actually paid us (or our suppliers, operational service
providers, or other e-commerce partners) for it. EXCEPT AS SPECIFICALLY SET
FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING
FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE
IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND
EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
PARTICULAR PURPOSE.
Products may be purchased while supplies last. If a Product is listed at an
incorrect price or with incorrect information, we reserve the right to refuse or
cancel orders placed for that Product, whether or not the order has been
confirmed and even if your account has been charged (in which event we will
issue a credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify
acceptance of your order, nor constitute a binding confirmation of an offer to
sell any Product and we reserve the right to accept or decline your order for
any reason up until the time the Product is actually delivered to you. We
reserve the right at any time, without prior notice, to limit or reduce the
quantity you ordered of any Product and we will notify you if we do so. All
orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable
method of payment, as established by our credit and authorization policies and
practices in effect at the time of your order. We may contact you and require
additional information from you before we grant such pre-approval. Products on
the Site are offered for sale only to end user customers or as personal gifts to
end user customers and not for resale. We do not knowingly accept orders from
dealers, exporters, wholesalers, distributors, resellers or other similar
persons or companies, and reserve the right to refuse, cancel or seek the return
of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and
applicable taxes will be added to the amount charged for Products purchased on
the Site. If an order consists of multiple items, they may be shipped separately
depending on availability.
7. POSTINGS
Your comments, suggestions and information are important to us. Portions of this
Site may provide you and other users an opportunity to submit, post, display,
transmit and/or exchange information, ideas, opinions, photographs, images,
video, creative works or other information, messages, transmissions or material
to us, the Site or other users ("Post" or "Postings"). You understand,
acknowledge and agree that such Postings are the sole responsibility of the
person from which such Postings originated. This means that you, the user, and
not this Site, are entirely responsible for the consequences of all Postings
that you upload, post, email, transmit or otherwise make available via the Site.
Postings do not reflect the views of the Site, or Multi-Media Marketing &
Production, Inc. We do not monitor, endorse, edit or screen any Postings,
although we reserve the right to do so, nor shall we be liable for any Posting
that is in violation of this Agreement. In no event shall the Site, or
Multi-Media Marketing & Production, Inc. have or be construed to have any
responsibility or liability for or in connection with any Posting whatsoever;
however, if we determine, in our sole discretion and judgment, that any Posting
does or may violate any of the terms of this Agreement, we reserve the right, at
any time and without limiting any and all other rights we may have under this
Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove
and delete Postings; (c) revoke your right to use the Site; and/or (d) use any
technological, legal, operational or other means available to us to enforce the
provisions of this Agreement, including, without limitation, blocking specific
IP addresses or deactivating your registration on M3pi.com.
If a Posting originates from you or your account, you hereby agree that: (a) you
are placing the Posting in the public domain without reservation of any rights
or further control over the Posting or its use and you specifically authorize
the Site and Multi-Media Marketing & Production, Inc. to use such Posting in
whole or in part, throughout the universe, in perpetuity in or on any and all
media, now known or hereafter devised, and alone or together or as part of other
information, content and/or material of any kind or nature; (b) you represent
and warrant that (i) the Posting is original to you or fully cleared for use as
contemplated herein, (ii) the Posting does and will not, in any way, violate or
breach any of the terms of this Agreement, (iii) the Posting does not contain
libelous, tortious, or otherwise unlawful information, infringe or violate any
copyright or other right, or contain any matter the publication or sale of which
will violate any federal or state statute or regulation, (iv) the Posting is not
obscene or in any other manner unlawful, (v) the Posting shall not be injurious
to the health of the user, and (vi) we shall not be required to pay or incur any
sums to any person or entity as a result of our use or exploitation of the
Posting; (c) if your Posting incorporates the name, logo, brand, service or
trademark, voice, likeness or image of any person, firm or enterprise, you
specifically represent and warrant that you have the right to place such Posting
in the public domain and grant MMM the right to use such Posting as described
above; and (d) we have the right to delete, re-format and/or change your Posting
in any manner that we may determine (although you will not be responsible for
any such changes made).
The amount of storage space on the Site per user is limited. Some Postings may
not be processed due to space constraints or outbound message limitations. You
understand, acknowledge and agree that we assume no responsibility for deletion
of Postings or any failure to store, receive or deliver Postings in a timely
manner or any other matter relating to Postings.
Posting is for noncommercial purposes only and you may not Post in any manner
which does or is intended to promote or generate revenue for any business
enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation,
Postings) violates any of the terms of this Agreement, please click here( admin@m3pi.com
) to send us a message about it. We cannot guarantee that we will respond to
your message and we reserve the right to take or refrain from taking any or all
steps available to us once we receive any such message.
8. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, Multi-Media Marketing & Production, Inc., or the Site's
operational service providers, suppliers, and Advertisers may conduct promotions
on or through the Site, including, without limitation, auctions, contests and
sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or
Rules which will be posted or otherwise made available to you and, for purposes
of each Promotion, will be deemed incorporated into and form a part of this
Agreement.
9. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or
included anywhere on the Site or any other form of link or re-direction of your
connection to, with or through the Site, does not constitute an endorsement by,
nor does it incur any obligation, responsibility or liability on the part of the
Site, Multi-Media Marketing & Production, Inc. or any of their subsidiaries,
affiliates, successors and assigns, and their respective officers, directors,
employees, agents, representatives, licensors, suppliers, and operational
service providers. We do not verify, endorse, or have any responsibility for,
any such third party sites, their business practices (including the Privacy
Policy), or any goods or services associated with or obtained in connection with
any such site, whether the Site's, or Multi-Media Marketing & Production, Inc.'s
logo or sponsorship identification is on the third party site as part of a
co-branding or promotional arrangement. If any third party site obtains or
collects Personal Information from you, in no event shall we assume or have any
responsibility or liability. Please read our Privacy Policy, which describes how
Multi-Media Marketing & Production, Inc. collects and uses your Personal
Information and co-branding relationships.
10. DEACTIVATION/TERMINATION OF YOUR REGISTRATION
You may deactivate your account on the Site, at any time and for any reason, by
clicking here to go to Your Account, entering your user name and password, and
then selecting the "Close My Account" option. We may terminate your use of and
registration on the Site, at any time and for any reason, with or without cause,
without prior notice to you and without any liability or further obligation of
any kind whatsoever to you or any other party.
11. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE
AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL
BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not
responsible or liable for any malicious code, delays, inaccuracies, errors, or
omissions arising out of your use of the Site. You understand, acknowledge and
agree that you are assuming the entire risk as to the quality, accuracy,
performance, timeliness, adequacy, completeness, correctness, authenticity,
security and validity of any and all features and functions of the Site,
including, without limitation, Postings and Materials associated with your use
of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS
SITE, MULTI-MEDIA MARKETING & PRODUCTION, Inc., OR THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, OR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL
SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM
USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO,
COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in
this Agreement may or does fail of its essential purpose, you specifically
acknowledge and agree that your sole and exclusive remedy for any loss or damage
shall be to have the Parent Companies, upon written notice from you to us,
attempt to repair, correct or replace any deficient goods or services under this
Agreement and, if repair, correction or replacement is not reasonably
commercially practicable for the Parent Companies, to refund any monies actually
paid by you for the Products involved and to terminate and discontinue your use
of the Site. You further understand and acknowledge the capacity of the Site, in
the aggregate and for each user, is limited. Consequently some messages and
transmissions may not be processed in a timely fashion or at all, and some
features or functions may be restricted or delayed or become completely
inoperable. As a result, you acknowledge and agree that the Parent Companies
assume no liability, responsibility or obligation to transmit, process, store,
receive or deliver transactions or Postings or for any failure or delay
associated with any Postings and you are hereby expressly advised not to rely
upon the timeliness or performance of the Site for any transactions or Postings.
Some jurisdictions do not allow for the exclusion of certain warranties or
certain limitations on damages and remedies, accordingly some of the exclusions
and limitations described in this Agreement may not apply to you.
12. INDEMNIFICATION
You agree to indemnify, defend and hold the Site, Multi-Media Marketing &
Production, Inc., or their subsidiaries, affiliates, successors and assigns, or
any of their respective officers, directors, employees, agents, licensors,
representatives, Advertisers, operational service providers and suppliers
harmless from and against any and all claims, actions, losses, expenses, damages
and costs (including reasonable attorneys' fees), resulting from any breach or
violation of this Agreement by you, or public posting of your Postings.
Multi-Media Marketing & Production, Inc. reserves the right to assume, at its
sole expense, the exclusive defense and control of any such claim or action and
all negotiations for settlement or compromise, and you agree to fully cooperate
with the Parent Companies in the defense of any such claim, action, settlement
or compromise negotiations, as requested by the Parent Companies.
13. PRIVACY
We respect your privacy and the use and protection of your Personal Information.
Please see our Privacy Policy for important information and disclosures relating
to the collection and use of your Personal Information in connection with your
use of the Site.
14. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, together with any Additional Terms, Rules, our Privacy Policy
and any other regulations, procedures and policies which we refer to and which
are hereby incorporated by reference, contains the entire understanding and
agreement between you and M3pi.com and supersedes any and all prior or
inconsistent understandings relating to the Site and your use of the Site. This
Agreement cannot be changed or terminated orally. If any provision of this
Agreement is held to be illegal, invalid or unenforceable, this will not affect
any other provisions and the Agreement will be deemed amended to the extent
necessary to make it legal, valid and enforceable. Any provision which must
survive in order to allow us to enforce its meaning shall survive the
termination of this Agreement; however, no action arising out of this Agreement
or your use of the Site, regardless of form or the basis of the claim, may be
brought by you more than one (1) year after the cause of action has arisen (or
if multiple causes, from the date the first such cause arose).
This Agreement and your use of the Site is governed by, construed and enforced
in accordance with the internal substantive laws of the State of Florida
(notwithstanding the State's conflict of laws provisions) applicable to
contracts made, executed and wholly performed in Florida, and, for the purposes
of any and all legal or equitable actions, you specifically agree and submit to
the exclusive jurisdiction and venue of the State and Federal Courts situated in
the State and County of Palm Beach and agree you will not object to such
jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non
conveniens or otherwise. To the extent it may be applicable, you agree to opt
out from and expressly exclude any applicability of the Uniform Computer
Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE
ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE
SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT
YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
This Terms of Use Agreement was last modified on October 16, 2007 and is
effective immediately.
Copyright © M3Pro, a production of Multi-Media Marketing &
Production, Inc. 2005 - All Rights Reserved.