Terms and conditions
Website Terms and Conditions
Thank you for choosing Targatek, Inc. (also “Targatek,” “we,” “our,” or “us”). By using www.Targatek.com and all other websites, newsletters, social media pages, or apps owned and maintained by Targatek (the “Website”) or by purchasing any of our business and technology consulting products or services via the Website (the “Services”), you (also “you,” “your,” or “their”) agree to be bound to these Terms and Conditions (“Terms”). You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register and login. Please note that these Terms apply to all areas of the Website and to any purchases of Services made on the Website, and form a legally-binding agreement between you and us.
We reserve the right to modify or discontinue this Website or the Services, or any portion thereof without notice to you or any third party. These Terms may be unilaterally modified from time to time without notice to you. Such modifications by us are effective upon posting to the Website or Services, and your access to or use of the Website or Services at any time constitutes acceptance of the Terms in effect at the time. It is important that you review these Terms every time you use or access the Website or Services.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS WITHOUT MODIFICATION, THEN PLEASE DO NOT ACCESS OR USE THE WEBSITE OR OUR SERVICES. BY VIEWING, CONTINUING TO ACCESS, OR USING ALL OR ANY PART OF THE WEBSITE OR SERVICES, DOWNLOADING ANY MATERIALS, OR COMPLETING ANY APPLICATION PROCESS VIA THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF THESE TERMS ARE NOT ACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CEASE USING THE WEBSITE AND SERVICES.
I. Website Access and Electronic Communication
The Website and our Services are controlled and operated by us from the United States. We make no representation that any part of the Website or our Services is appropriate or available for use in other locations. Those who choose to access the Website or use our Services do so on their own initiative and at their own risk and are responsible for compliance with all applicable local laws. We reserve the right to discontinue the Website or Services or to limit the availability of the Website and/or the provision of our Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Website or Services to you is no longer commercially viable.
The Website is intended for informational purposes and to be used to access and purchase our Services. You may not be eligible for all of the Services described in this Website. We reserve the right to determine all eligibility for such Services in our sole discretion.
Consistent with the United States Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we do not intend to market the Website or any Services to children under thirteen (13) years of age, and do not knowingly collect personal information or make any active effort to collect personal information from children and do not wish to receive such information. We cannot prevent minors from visiting the Website and must rely upon parents, guardians, and others responsible for supervising children to decide what content is appropriate for such children. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete it.
When you provide any information or material on our Website or otherwise, you acknowledge and agree that we do not guarantee that the materials will remain available to you or that you will qualify for the Services we offer.
II. Ownership and Restrictions on Use of Website Content
The Website and Services, including but not limited to text, images, audio, video, product and price information, reviews, apps, information, analysis, materials, opinions, and email newsletters on the Website or in the Services and email newsletters (collectively, “Content”), belong to us or others, unless otherwise expressly agreed in writing by us. No Content from the Website or Services may be captured, reproduced, transferred, sold, licensed, removed, deleted, augmented, published, transmitted, uploaded, reverse engineered, edited, posted, publicly displayed, linked, broadcast, or distributed or exploited by any other means, unless otherwise expressly permitted in these Terms or in writing by us. ANY DISTRIBUTION FOR COMMERCIAL PURPOSES IS STRICTLY PROHIBITED WITHOUT OBTAINING A LICENSE TO DO SO FROM US OR OUR LICENSORS OR UNLESS EXPLICITLY PERMITTED BY THESE TERMS. If you copy, reproduce, or retransmit any part of our Website or Services in breach of these Terms, your right to use our Website and Services will cease immediately and you must, at our option, return, destroy, or recall any copies of the Content you have made.
You may download and use Content displayed on the Website for your personal, non-commercial use only and only so long as you maintain and preserve any Targatek copyright or proprietary notices. However, you may not download or use the Content displayed on the Website for commercial or public uses, unless expressly permitted in writing by us.
For instances in which you reproduce our Content, consistent with the above terms or with express permission of Targatek, you must place “Used with permission from Targatek” somewhere near the reproduced Content.
You may not do any of the following while accessing or using the Website or Services: (i) access, tamper with, or use non-public areas of the Website or Services, Targatek’ computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Website or Services to send altered, deceptive or false source-identifying information; or (iv) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Website or Services.
Accuracy of Website Content
All Website Content is for informational and educational purposes only. While the Content is believed by us to be honest and accurate, we and our third-party providers of Content do not guarantee the accuracy, completeness, usefulness, or timeliness of the Content on the Website. We do not endorse nor have any responsibility for any Content on the Website by anyone other than our authorized employees or spokespersons while acting in their official capacities.
The Content on the Website should never be relied upon as the sole basis for making any decisions to purchase products or services from Targatek. We and our third-party providers, affiliates, agents, and licensors will not be liable for any purchase decisions made based on the Content and/or the Website. Any reliance on the Content is at your own risk, and you assume any and all risks associated with your purchase decisions.
We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned on this Website and may or may not have open investment positions in those businesses. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned on the Website.
Use or functionality of certain aspects of the Website and our Services may require you to set up a user account with us (“User Account”). To complete the registration process, you may be required to login and provide certain information about yourself, including your name, email address, and other information.
By setting up a User Account, you agree (a) to provide accurate and current information about you as may be required during the registration process (“Registration Data”); (b) not to impersonate or misrepresent your affiliation with any person or entity or use another person’s username, password or other account information, or provide false details for a parent or guardian; (c) to maintain the security of your User Account password; (d) to maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate and current; (e) to accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (f) to notify us immediately of any unauthorized use of your User Account or password or of any other breach of security regarding your User Account by contacting us a described below.
Note that by setting up a User Account, you represent and warrant that:
• All of the information you submit for your User Account is true and accurate;
• You are at least 18 years of age or your parent or guardian has consented on your behalf to your use of the Website;
• You have reviewed these Terms; and
• You are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with them.
User Feedback; User Content
You may submit feedback, comments, and suggestions for improvements to the Website (“Feedback”) by contacting email@example.com with details. Our Website may also allow users to create, upload, and share information, including in connection with social media pages or sites, and may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text, and/or other materials to others that does not include Content owned by Targatek (“User Content”). You are solely responsible for your use of User Content and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site or Products any of the following:
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our reasonable discretion);
• User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national, or international law; User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers, and similar information;
• User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using and benefiting from our Website, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
• User Content that is spam, is machine- or randomly-generated, or contains unethical or unwanted commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
• User Content that does not comply strictly with any carrier agreements and terms associated with your mobile device; and
• User Content that attempts to disrupt the Website.
We may from time to time provide interactive services on our Website, including, without limitation: user-maintained help website, chat rooms, and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided in connection with our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide in connection with our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
You are under no obligation to provide any Feedback or User Content. With respect to Feedback or User Content you provide to us or in connection with the Website, you represent and warrant that: (a) you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations, and/or agreements from any employee or third party that are necessary for us to collect, use, and share Feedback or User Content in accordance with this Agreement and (b) no Feedback or User Content infringes upon or violates any other party’s intellectual property rights, privacy, publicity or other proprietary rights.
To the fullest extent permitted by applicable law, by submitting any Feedback or User Content to us or in connection with the Website you automatically grant (or represent and warrant that the owner of such rights has expressly granted) Targatek a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such Feedback or User Content or incorporate the content of such Feedback or User Content into any form, medium, or technology now known or later developed throughout the universe, and agree that Targatek shall be entitled to unrestricted use of the Feedback or User Content for any purpose whatsoever, commercial or otherwise, without compensation (but subject to applicable laws), notice or attribution. You waive and agree not to assert against Targatek or any of its partners, affiliates, subsidiaries, or licensees, any moral or similar rights you may have in any of your Feedback or User Content.
Copyright and Trademarks
Targatek respects copyright and other proprietary laws and expects you to do the same. We reserve the right to terminate your access to the Website or Services if you repeatedly infringe or are reasonably believed to have been repeatedly infringing the rights of copyright or other proprietary rights holders by way of the Website or Services.
Without limiting any other language in these Terms, you acknowledge and agree that the Website, Services, and Content are protected by copyright laws, trademark laws, other laws of the United States, and laws of other countries. Without limiting any other language in these Terms, you acknowledge and agree that the Website, Services, and Content, which includes all associated proprietary rights, are the exclusive property of Targatek and our licensors. You further acknowledge and agree that all trademarks appearing on the Website, Services, and Content are owned by us or the third party that provides it. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary right notices incorporated in or accompanying the Website, Services, or Content.
We do not condone copyright infringement or any other infringement of proprietary rights on our Website or Services, and will remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner or other proprietary rights owner and believe that any content infringes your work, you may submit a notification by providing our Copyright Agent, who may be reached using the contact information listed at the bottom of these Terms, with the following information in writing (see 17 U.S.C 512(c)(3) for further information regarding the Digital Millennium Copyright Act or DMCA):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above notice should be sent to the contact information listed below. Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
Prohibitions and Rights
In connection with the acknowledgement of our rights, above, you agree not to:
• Use, display, mirror, or frame the Website or any individual element within the Website, including our name(s);
• Access, tamper with, or use non-public areas of the Website or Services – e.g. our computer systems, etc;
• Attempt to probe, scan, or test the vulnerability of any of our systems or networks;
• Breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us, any of our providers, or any other third party – e.g. other users, etc.;
• Attempt to access or search the Website or Services through the use of any engine, software, tool, agent, device, or mechanism – e.g. spiders, robots, crawlers, data mining tools, etc. – other than the software and/or search agents provided by us;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
• Use any meta tags or other hidden text;
• Use any metadata utilizing our trademark or URL;
• Forge any TCP/IP packet header or any part of the header information in any email or posting;
• Use the Website or Services in any way to send altered, deceptive, or false source-identifying information;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used, contained, or displayed within the Website or Services;
• Interfere with or attempt to interfere with the access of any user, host, or network – e.g. sending a virus, overloading, flooding, spamming, mail-bombing, etc.;
• Collect or store any Personal Information from other users of the Website;
• Impersonate or misrepresent your affiliation with any person or entity;
• Access the Website or Services behind proxy servers or URL cloaking techniques; and/or
• Encourage or enable any other individual to do any of the foregoing.
You acknowledge and agree that we have the right to investigate and prosecute violations of any of the above prohibitions or any of these Terms to the fullest extent allowed under applicable law.
You also acknowledge and agree that we do not have an obligation to monitor your access or use of the Website and Services, but we retain the right to do so for the purpose of operating the Website and Services and ensuring compliance with these Terms as well as the law. At any time and without prior notice, we reserve the right to disable your access if we find a violation of these Terms or the law.
Targatek also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Targatek, its users, and the public. Targatek also reserves the right to remove Content or any other information or material alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion. Such remedies are in addition to any other remedies Targatek may have at law or in equity. You agree that Targatek shall not be liable to you or any third-party for any such action.
Third-Party Links and Partners
These Terms only apply to our Website and Services. The Website and Services may include links to or utilize the services of third party websites, resources, resellers, and business partners of ours (“Third-Party Partners”). Because we do not have control over such Third-Party Partners, we do not make any representations about any Third-Party Partners. You acknowledge and agree that we are not responsible for the availability of the external websites, resources, or services of such Third-Party Partners. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third-Party Partner websites, resources, or services. If provided, you should review the terms and conditions of Third-Party Partners, which are separate and unrelated to these Terms.
Occasionally there may be information on the Website that contains errors, inaccuracies, or omissions. We have made every effort to display as accurately as possible information available on or in connection with our Website. We cannot guarantee that representation of such on your device will be accurate. Any reliance on the Website is at your own risk, and you assume any and all risks associated with your decisions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel purchases if any information on or in connection with the Website is inaccurate at any time without prior notice (including after you have submitted your purchase request), but we have no obligation to update any information on or in connection with our Website. You agree that it is your responsibility to monitor changes to our Website.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. ALSO, WE EXPLICITLY DISCLAIM ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE WEBSITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE BASIS, OR THAT THE WEBSITE, SERVICES, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY RESPONSIBILITY FOR HARM TO YOUR PHONE, COMPUTER, OTHER ELECTRONIC DEVICES, CAR, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM ACCESS TO OR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO CONTRACTION OF A COMPUTER OR PHONE VIRUS.
WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR THAT DEFECTS WILL BE CORRECTED. CONTENT PROVIDED OR EXPRESSED ON THE WEBSITE, INCLUDING THAT OF THIRD PARTIES, MAY NOT REFLECT OUR POLICIES OR CONFORM TO ANY AGREEMENT YOU MAY HAVE WITH US.
YOU ASSUME ALL RISKS RELATING TO ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS BY YOU OR ANY MINORS FOR WHOM YOU ARE RESPONSIBLE WITH OTHER USERS OF THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU OR ANY MINORS FOR WHOM YOU ARE RESPONSIBLE COMMUNICATE OR INTERACT AS A RESULT OF USE OF THE WEBSITE OR YOUR ACCOUNT.
For clarity, no advice or information, whether oral or written, obtained from us, the Website, or the Content will create any warranty not expressly made herein.
You acknowledge and agree that your access to and use of the Website, Services, and Content is dependent upon access to telecommunication services and internet services. You shall be solely responsible for acquiring and maintaining all telecommunication services, internet services, and other hardware and software required to access and use the Website, Services, and Content.
You agree that your access to and use of the Website or Content and your purchase of Services on or through the Website are at your sole risk, whether known or unknown to you.
Limitation of Liability
Without limiting the foregoing, you also acknowledge and agree that Targatek and its officers, directors, agents, third-party providers, affiliates, or licensors are not and will not be responsible for, liable for, or incur any claims, causes of action, suits, penalties, fines, losses, damages, costs, or expenses, including attorneys’ fees (“Claims”) arising out of or in connection with these Terms or from your access to, use of, or inability to access or use the Website, Content, or Services provided on the Website for or arising out of the following:
• Personal or bodily injury, death, or emotional distress;
• Interactions or meetings with other users of the Website, Services, or Content or other persons with whom you communicate or interact with as a result of your use of the Website, Services, or Content;
• Loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any telecommunication services and internet services or the failure of such services that you use to access or use the Website, Services, or Content; and
• Any other Claims arising out of or relating to your acts or omissions or the acts or omissions of any third party, whether in contract, warranty, strict liability, negligence, or other legal theory regardless of whether or not we have been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.
The foregoing limitations apply even if we have been advised of the possibility of such damages or they are otherwise foreseeable), or if such Claims result from: (a) the use or the inability to use the Website or results of the use of the Website or any materials posted on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise; (b) the cost of procurement of substitute products or services resulting from any products, data, information, or services obtained or messages received or transactions entered into through, from or as a result of the Website; (c) unauthorized access to or alteration of your transmissions or content; (d) statements or conduct of any third party on the services or Website; or (e) any other matter relating to the products or services we offer or the Website. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Without limiting the foregoing, you acknowledge and agree that if we are found liable for any of the foregoing Claims or for any other Claims arising hereunder, including the breach of these Terms, we and any other person or entity involved in creating, producing, or delivering any of the foregoing will under no circumstances be liable for any incidental, special, exemplary, punitive, or consequential damages, including, without limitation, lost profits, loss of data, loss of goodwill, or the cost of acquiring substitute products or services, whether in contract, warranty, strict liability, negligence, or other legal theory, regardless of whether or not we have been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.
By accessing the Website or Services, you understand that you may be waiving rights with respect to Claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read, understood, and hereby expressly waived the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Without waiving the exclusive governing law provision set forth below, some states do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, the above limitation may not apply to you. In such states, our liability is limited to the fullest extent allowed under applicable law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS OR SERVICES OFFERED BY US MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to defend, indemnify, and hold Targatek, its officers, its directors, its employees, and its agents harmless from and against any Claims arising out of or in any way connected with:
• Your access to or use of the Website, Services, or Content, including your violation of these Terms;
• Any goods or services, Feedback, and/or User Content you may provide or fail to provide; and
• Any agreements or understandings you have with third parties.
You shall cooperate as fully as reasonably required in the defense of any such claim. Targatek reserves the right, at its own expense, to assume the exclusive defense and control of any matter or portion thereof subject to indemnification by you. Your indemnification obligations are contingent upon: (a) Targatek providing you with prompt written notice of such claim (except that your indemnification obligations shall not be limited except to the extent they would be prejudiced by a delay); (b) Targatek providing reasonable cooperation to you, at your expense, in the defense and settlement of such claim; and (c) you having sole authority to defend or settle such claim, provided, however, you shall obtain Targatek’s written consent prior to entering any settlement which admits guilt or culpability on the part of Targatek or requires Targatek to take any action (such consent not to be unreasonably withheld).
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms at our sole discretion without restriction and notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Disputes and Claims
Any and all disputes, demands, or Claims arising from or related to your access to and/or use of the Website, Services, our Content, and/or these Terms shall be settled and resolved first by good faith efforts to amicably resolve the matter through discussion and negotiation (which may include mediation if both you and we so agree). If those efforts fail despite such good faith attempts, then the exclusive forum for resolution of any and all such disputes and claims shall be a state or federal court located in the State of Florida, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your state or country of residence or any other relevant state or country. You and we agree to personal jurisdiction and venue in such court in any such suit or action.
Notice to International Visitors
The Website and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
We make no representation that the Website is appropriate or available for use beyond the United States of America. If you use the Website from other locations, you are responsible for compliance with applicable local laws. We make no representation that any part of the Website is appropriate or available for use in other locations. Users may not download, use, export, or re-export the Website in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls.
We may electronically monitor areas of the Website and may disclose any Content, logs, records, or electronic communication of any kind (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate the Website; or (c) to protect our rights or property or our third party partners, sponsors or advertisers, service providers, licensors, or any other user of the Website.
Any notices or other communications permitted or required hereunder, must be in writing.
6780 Sabal Palm Drive
St. Augustine, FL 32086
Or send an e-mail to: firstname.lastname@example.org
To obtain a copy of these Terms, you may print a copy or contact us to request one.
Updated and effective as of: December 14, 2021