Service Policy
Additional Terms and Conditions
We may, from time to time, send e-mail messages or other forms of communication to User containing advertisements, promotions, etc. which may be offered by third parties. We make no representation or warranty with respect to the content of any such third party communications or goods or services which may be obtained in response to such communications and User agrees that we shall not have any liability with respect thereto, nor shall any such messages amend the Terms and Conditions unless specifically agreed to in writing by us. Additionally, our web site may contain links to Web sites operated by parties other than us. Such links are provided for your convenience only. We do not control such Web sites and is not responsible for their contents. Our inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
Entire Agreement
The Services Order Confirmation and Acknowledgement Terms and Conditions, the Terms and Conditions, the Acceptable Use Policy and the Privacy Policy contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. The Terms and Conditions may be modified at any time. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Assignment and Successors in Interest
All of the Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of User. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interests or obligations of User or us shall be assigned or delegated without the prior written consent of us. Any unauthorized assignment or delegation shall be null and void. Notwithstanding the foregoing, we may assign or otherwise transfer its rights and obligations to any affiliate (whether by purchase of stock or assets, merger, operation of law, or otherwise) of that portion of its business related to the subject matter hereof.
Venue/Choice of Law
These Terms and Conditions shall be construed in accordance with the laws of the State of Florida (excluding rules regarding conflicts of law) and the United States of America. In the event of any dispute, the parties submit to the personal jurisdiction of and venue in the Superior Court of the state of Florida and the federal courts located in Dade County, Florida.
Severability
In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions will remain in full force and effect.
Indemnification
User shall indemnify and hold us harmless against any and all claims, losses, damages and liabilities sustained by User resulting from, rising out of, or connected with any breach of, or non-fulfillment of any representation, warranty, covenant or agreement made by or other obligation of User contained in these Terms and Conditions.
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