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Welcome to www.owner1st.com
(the "website"), owned and operated by Owner 1st,
LLC. We have included a wealth of information and functionality
for users of our website ("you"), all of which is
provided subject to the following Terms of Use:
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS
A CHOICE OF FORUM CLAUSE.
Privacy Statement: These Terms of Use co-exist
with our Privacy Statement, and together both policies govern
the general practices and your usage of this website. Your
use of the website at any time shall be deemed conclusive
evidence of your agreement that your license to access and
use the website is governed by these Terms of Use and our
Privacy Statement. We encourage you to familiarize yourself
with both policies. Our Website Privacy Statement may be found
in inside the site or by clicking here: Owner
1st Privacy Statement.
Acceptance: Changes to These Terms of Use:
We may change these Terms of Use and/or the Privacy Statement
at any time by posting revisions to our website. Your use
of this website constitutes acceptance of the provisions of
these Terms of Use and the Privacy Statement, and your continued
usage after such changes are posted constitutes acceptance
of each revised Terms of Use and / or Privacy Statement. If
you do not agree to the terms and conditions of these Terms
of Use, the Privacy Statement or any revised policy, please
exit this website immediately.
Accessing the Website: When You access
the website, you represent and warrant that: (i) You have
read and understand these Terms of Use; (ii) You have and
will access the website and provide information to us with
the bona fide intent to use or to evaluate the website, and
not with an ulterior motive, such as to download portions
of the website to compete with us or provide information to
one of our competitors; and (iii) in using the website, You
will comply with all applicable international, country, federal
and state laws, rules and regulations.
Copyrights; Limited License to Information:
All words, pictures, graphs, charts and other matters presented
or made available on the website are Copyright ©2008
Owner 1st, LLC (the "information"). By accessing
and / or making use of the website, you agree that we are
not offering for sale or selling the information, but instead
are granting you a limited, royalty free, non-exclusive, revocable
license to make use of the information presented on this website
for your own personal or internal business purposes. Unless
otherwise set forth in a separate written agreement signed
by us, you agree that this license does not permit you to:
(i) download any information on this website; (ii) sell the
information downloaded (or copied in another form) for money,
barter, exchange or other consideration; (iii) redistribute
the information for free to anyone (except to your bona fide
employees who need the information for internal business purposes);
(iv) make any more than one print copy of the information;
(v) republish the information for any prohibited purpose,
including commercial gain; or (vi) make any alterations, additions
or other modifications to the information. All other rights
are expressly reserved.
No License to Trademarks: All trademarks,
service marks, trade names or other identifying marks displayed
on the website, including and not limited to Owner 1st, LLC
(the "marks") are owned by us and or our respective
licensors. Except as applicable law may otherwise provide,
or except as agreed to in writing by us, we do not consent
to any use of the marks by any person and do not grant you
any right to use the marks displayed on this website.
Acceptable uses of Website information; Misuse of
the Website: You violate these Terms of Use when
you make any use of the website to:
1. Utilize the website or any information derived from the
website to send unsolicited e-mails to our clients clients
or any third parties, unless the communication is related
to our business or operations.
2. Utilize the website or any information derived from the
website in connection with any illegal activity. Without limiting
the general application of this rule, users may not:
a. Utilize the website or any information derived from
the website to copy material from third parties (including
text, graphics, music, videos or other copyrightable material)
without proper authorization;
b. Utilize the website or any information derived from the
website to misappropriate or infringe the patents, copyrights,
trademarks or other intellectual property rights of any
third party;
c. Utilize the website or any information derived from the
website to traffic in illegal drugs, illegal gambling, obscene
materials or other any products or services that are prohibited
under applicable law; or
d. Utilize the website or any information derived from the
website in any manner that violates applicable law.
3. Utilize the website or any information derived from the
website in connection with any tortious or actionable activity.
Without limiting the general application of this rule, users
may not:
a. Utilize the website or any information derived from
the website to publish or disseminate information that (A)
constitutes slander, libel or defamation, (B) publicizes
the personal information or likeness of a person without
that person's consent or (C) otherwise violates the privacy
rights of any person.
b. Utilize the website or any information derived from the
website to threaten persons with bodily harm, to make harassing
or abusive statements or messages, or to solicit the performance
of acts or services that are illegal under applicable law.
4. Utilize the website or any information derived from the
website in connection with any other disruptive or abusive
activity. Without limiting the general application of this
rule, users may not:
a. Utilize the website or any information derived from the
website to cause denial of service attacks against company
or other network hosts or Internet users or to otherwise
degrade or impair the operation of company's servers and
facilities or the servers and facilities of other network
hosts or Internet users;
b. Post messages or software programs that consume excessive
CPU time or storage space;
c. Utilize the website or any information derived from the
website to offer mail services, mail forwarding capabilities,
POP accounts or autoresponders other than for the user's
own account;
d. Utilize the website or any information derived from the
website to resell access to CGI script installed on company's
servers;
e. Utilize the website or any information derived from the
website to subvert, or assist others in subverting, the
security or integrity of any company systems, facilities
or equipment;
f. Utilize the website or any information derived from the
website to gain unauthorized access to the computer networks
of company or any other person;
g. Utilize the website or any information derived from the
website to provide passwords or access codes to persons
not authorized to receive such materials by the operator
of the system requiring the password or access code;
h. Utilize the website or any information derived from the
website to (A) forge the signature or other identifying
mark or code of any other person, (B) impersonate or assume
the identity or any other person, or (C) engage in any other
activity (including "spoofing") to attempt to
deceive or mislead other persons regarding the true identity
of the user (excluding the use of anonymous remailers or
Internet nicknames);
i. Utilize the website or any information derived from the
website to distribute or post any virus, worm, Trojan horse,
or computer code intended to disrupt services, destroy data,
destroy or damage equipment or disrupt the operation of
the website or any information derived from the website
;
j. Utilize the website or any information derived from the
website in any manner that might subject company to unfavorable
regulatory action, subject company to any liability for
any reason, or adversely affect company's public image,
reputation or goodwill, including, without limitation, sending
or distributing sexually explicit, hateful, vulgar, racially,
ethnically or otherwise objectionable materials as determined
by company in its sole discretion; or
k. Utilize the website or any information derived from the
website in any other manner to interrupt or interfere with
the Internet usage of other persons.
Available Remedies: We do not validate,
error check or otherwise confirm the truth or accuracy of
Information posted on the website; or review, edit, censor
or warrant the quality or accuracy of Information that users
may acquire from the website. By making use of the website,
You agree not to sue or make any claim of any kind against
us regarding Information posted or available on the website.
When we become aware of harmful activities, in our sole and
unfettered discretion we may take steps to stop the harmful
activity, such as removing the offending materials, using
screening software to block offending materials, denying the
offender access to the website, or any other action we deem
appropriate. We are required to notify law enforcement when
we become aware of the presence of child pornography on or
transmitted through the website; and to remove or block access
to content or postings upon receipt of a proper notice of
copyright infringement. It is also our policy to terminate
users who commit repeat violations of copyright laws. All
remedies are non-exclusive.
Disclaimers as to Information: WHILE EVERY
EFFORT IS MADE TO REPORT ACCURATE AND TRUTHFUL INFORMATION,
WE AND OUR SUPPLIERS AND CONTRIBUTORS MAKE NO REPRESENTATIONS
OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION PUBLISHED
ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT,
ARE SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL WE AND/OR OUR
SUPPLIERS AND CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT,
PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
IN ANY WAY RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING
AND NOT LIMITED TO DAMAGES FOR LOSS OF USE, OR LOST DATA OR
PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH INFORMATION
AVAILABLE ON THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION,
CONTENT, COMPUTER PROGRAM, EFFORTS OR ANY SYSTEM PROVIDED
BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACCURACY,
SUITABILITY AND QUALITY OF INFORMATION PROVIDED THROUGH THE
WEBSITE. YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT YOU
HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE IS FOR
US TO REPAIR, REPLACE OR OTHERWISE CORRECT THE INFORMATION
POSTED THEREON.
Linking to the Domains; No “Framing”:
We permit reasonable, good faith and non-defamatory links
to the website so long as: (i) it is clear in the link reference
that we have not endorsed the contents of the referring page,
and that any statements made have not been reviewed or approved
by us; and (ii) no use is made of our trademarks (though the
word marks may be used if proper credit is provided on the
page). We do not consent to "framing" our content
or Information inside of any other page.
Indemnity: By taking any action using or
through this website, including Information requests, You
expressly authorize and direct us to carry out such transaction
or performance on your behalf as your act. Therefore, you
agree to and do hereby hold harmless and agree to defend and
indemnify us, our employees, agents and officers, from and
against any liability for all damages incurred by us in taking
such actions at your direction or request. Additionally, if
you post or provide any Information, images or content onto
the website, or if you violate any provision of these Terms
of Use or the website Privacy Statement, You are liable to
us for your actions, and in the event we are threatened with
lawsuit or are sued by any person on account of your activities,
including but not limited to any claim of infringement of
intellectual property rights, you agree to indemnify, defend
and hold harmless us and our employees, directors, affiliates,
subsidiaries, users and customers, from and against all claims,
demands, damages and losses claimed by such person, and you
agree to and shall pay all related costs and expenses, including
reasonable legal fees, that we incur.
Choice of Forum; Attorneys' Fees: These
Terms and Conditions and the Privacy Statement shall be governed
and construed by the laws of the State of Florida, exclusive
of its conflicts of laws provisions. Any controversy or claim
arising out of or related to these Terms and Conditions or
the Privacy Statement, whether at common law or under statute,
shall be settled exclusively by the state or federal courts
of Jacksonville, Florida, and the parties hereby consent to
the exclusive jurisdiction of such courts. If either party
breaches these Terms and Conditions or the Privacy Statement,
the party prevailing in any resulting litigation between the
parties shall be entitled to receive its reasonable attorneys'
fees and costs.
Miscellaneous: These Terms and Conditions
and all documents referred or referenced herein constitute
the entire agreement between parties. Other than as specifically
provided in any separate formal agreement between you and
us, these Terms and Conditions may NOT be altered, supplemented
or amended by the use of any other document(s). Any attempt
to alter, supplement or amend these Terms and Conditions or
to enter an agreement which is subject to additional or altered
terms and conditions will be null and void, unless otherwise
agreed to in a written agreement signed by both you and us.
If any section of these Terms and Conditions is found to be
invalid or unenforceable in any jurisdiction in which it is
performed, then the meaning of that section will be interpreted,
to the extent feasible, in a way that renders it enforceable.
If no feasible interpretation is possible, the section will
be severed from these Terms and Conditions and the rest of
these Terms and Conditions will remain in full force and effect.
Questions or comments regarding these Terms of Use or the
Privacy Statement should be directed to us.
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