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Welcome to the
Bridgemon Web site ("Our Sites").
These Terms of Use ("Agreement") govern your use of Our Sites.
Please read this Agreement carefully.
By visiting
or using Our Sites, you agree to be legally bound by and comply with its terms.
If you do not agree to comply with the Agreement, you are not authorized to use
Our Sites.
Bridgemon
("we" or "us") amended this agreement as of August 09, 2005. We may modify it
again in the future by posting the amended Agreement on Our Sites, so please
check this page regularly. Your continued use of Our Sites after we have posted
an amended Agreement indicates that you agree to the amended terms. If you fail
to follow any of the rules on Our Sites, whether listed in the Agreement or at
any other areas on Our Sites we may terminate your access, without notice, to
chat rooms, forums, bulletin boards and other "members only" areas of Our Sites
and may pursue other remedies available to us.
Privacy Policy
Please review
our privacy policy, which is a part of the Agreement and describes how we handle
any personally identifying information about our users.
Copyright
All material
on Our Sites is protected by United States and international copyright law. You
must abide by all copyright notices and restrictions contained in Our Sites. You
may not reproduce, distribute (in any form including over a local area or other
network or service), display, create derivative works of, perform, license,
sell, extract for use in a database, or otherwise use any materials (including
computer programs and other code) on Our Sites ("Site Material"), except that
you may download Site Material in the form of one machine readable copy that you
will use for personal non-commercial purposes only and then only if you do not
alter Site Material or remove any trademark, copyright or other notice displayed
on the Site Material. If you are a subscriber to any of the services offered on
Our Sites, you may be permitted to use Site Material, according to the terms of
your subscription agreement. If you believe that any Site Material infringes
your copyright, you should notify us. For more information, see our section on
the procedure for notifying us of copyright infringement, or visit the Copyright
Office web site.
Trademarks
"Bridgemon"
and other trademarks and logos featured on Our Site are trademarks owned by
Bridgemon in the United States and other countries ("Our Trademarks"). You may
not use Our Trademarks in connection with any other product or service that does
not belong to us nor in any manner that is likely to cause confusion among
others about whether we are the source, sponsor, or endorser of the product or
service, nor in any manner that disparages or discredits us.
Links, Frames and Metatags
You may link
to the public pages on Our Sites, as long as the link does not cast us in a
false or misleading light. You may not link to the other pages of Our Sites. You
may not frame the content of Our Sites. You may not use metatags or any other
"hidden text" that incorporates Our Trademarks or our name without our express
written consent.
Links to Other Web Sites
Our Sites
contain links to other Web sites that we think may be of interest to you. We
have no control over these other sites or their content. Except for information,
products or services clearly identified as being supplied by Bridgemon, we do
not in any way review, operate, or control any material, information, products
or services on other sites. Be sure to read the terms of use and privacy
policies that govern your use of other sites. Because we are not responsible for
the availability of these outside resources or their content you should direct
any concerns regarding any other sites to the administrator or web master of
that site.
Chat Rooms, Forums and Bulletin Boards
Our sites may
include chat rooms, forums and bulletin boards (collectively "bulletin boards")
that allow you to communicate with other users. We do not control the messages,
information or files delivered to bulletin boards. Messages distributed through
the bulletin boards on Our Sites represent the views of our visitors and not
those of Bridgemon.
You should be
aware that messages you post to Our Sites are not private or confidential. You
irrevocably grant us the unrestricted right (with the right to sublicense the
right) to use, reproduce, modify, translate, or distribute any message, file,
data or other communication you post on our bulleting boards in any form, now
known or later developed.
You agree
not to:
· upload,
post, display, distribute or otherwise publish on the bulletin boards any
material that is libelous, obscene, pornographic, harassing or abusive;
infringes any copyright, trademark, or other proprietary right; violates any
right of publicity or privacy; or is otherwise illegal;
· use
Our Sites to distribute chain letters, junk mail. "spamming" solicitations or
other bulk communications of any kind;
· impersonate
any person or entity while using Our Sites;
· upload
any information, files, code or other materials that contain viruses or are able
to disrupt or damage Our Sites, software, hardware or equipment;
· collect
or use information about others for any purpose.
While we do
not monitor all material posted on our bulletin boards, we have the right, but
not the obligation, to remove any content that in our judgment does not comply
with the rules on Our Sites or is otherwise objectionable or inaccurate.
Disclaimers
Our Sites are
available "as is" and "as available". We do not warrant that Our Sites will be
uninterrupted or error-free. There may be delays, omissions, interruptions and
inaccuracies in materials available through our sites. We do not make any
representations or warranties about the completeness, accuracy, reliability or
timeliness of any material or data or endorse any opinion, advice, or statement
distributed or displayed on Our Sites or available through links on Our Sites.
We reserve the right to correct any errors or omissions in Our Sites. To the
maximum extent permitted under law, we disclaim all express or implied
warranties, including without limitation those of merchantability and fitness
for particular purpose (even if the purpose or intended use has been disclosed)
with respect to Our Sites or any or any site materials, services or goods that
are available, advertised or sold through Our Sites.
Although it
is our intent to take reasonable steps to prevent the introduction of viruses,
worms, "Trojan horses" or other destructive features to Our Sites, we do not
guarantee or warrant that Our Sites or materials that may be downloaded from Our
Sites do not contain such destructive features. We are not liable for any
damages or harm attributable to such features. You rely on Our Sites and any
materials available through them solely at your own risk.
Limitation of Liability
We and our
officers, directors, parents, subsidiaries, affiliates, agents, and licensors
are not liable for (1) any direct, indirect, incidental, consequential, special,
punitive, or exemplary damages (including lost revenues or profits, loss of
business, or loss of data) arising out of or in connection with Our Sites, site
services, Site Materials, this Agreement or your use of them, regardless of
whether such liability is based in tort, contract or legal or equitable theory
or (2) for any claim, loss or injury based upon errors, omissions, interruptions
or other inaccuracies in Our Sites, including claim, loss or injury that results
from your breach of any provision in this Agreement. If the foregoing limitation
is held to be unenforceable, our maximum liability will not exceed the amount
you paid, if any, for use of Our Site during the period when your claim accrued.
Some jurisdictions do not allow the limitation of liability for incidental or
consequential damages, so the above limitations or exclusions may not apply to
you.
Indemnification
You agree to
indemnify us and our directors, officers, parents, subsidiaries, affiliates,
agents, and licensors against all losses, expenses, damages and costs including
reasonable attorney's fees, we incur as a result of your violation of this
Agreement, or, if you are a subscriber to any of the services on Our Sites, your
failure to fulfill any obligations relating to your account, whether incurred by
you or any other person using your account. We have the right, but not the
obligation, to take over the exclusive defense of any claim for which we are
entitled to indemnification. You agree to provide us with whatever cooperation
we may reasonably request.
Termination
We reserve
the right to terminate the Agreement at any time without notice for any reason,
including your violation of any of the Agreement provisions. If the Agreement is
terminated, the following provisions will survive: Limitation of Liability,
Disclaimer, Indemnification, Governing Law, and Forum Selection.
Governing Law
This
Agreement and any claim or dispute relating to it will be governed by the laws
of the State of Florida applicable to contracts made and performed there without
regard to its conflicts of law principles.
Forum Selection
You agree to
submit to the exclusive jurisdiction of the state and federal courts sitting in
the State of Florida, and you waive any jurisdictional, venue or inconvenient
forum objections to such courts.
Severability
If any
provision of this Agreement is determined to be unlawful, void or unenforceable,
then that provision will be deemed severed from this Agreement and will not
affect the validity and enforceability of any remaining provisions.
Procedure for Notifying Bridgemon of Copyright Infringements
We intend
that all material on Our Sites respect the copyright rights of third parties.
However, we may inadvertently make a mistake, and we cannot monitor all material
posted on Our Sites. If you notify us that any material posted to Our Sites
infringes a copyright, that material will be removed according to the procedures
prescribed in the Copyright Act and set forth below.
A notice of
infringing material that complies with the Copyright Act, 17 U.S.C. s512(c)(3),
("Notice") must be sent to:
The Corporate Secretary
Bridgemon International Realty LLC, 525 North Ocean Drive, Hollywood, Florida,
33019.
To comply
with the Copyright Act, 17 U.S.C. s512(c)(3), the Notice must be in writing and
must include:
· the
complainant's signature;
· information
sufficient to locate the infringing
· material,
information sufficient to contact the party providing notice ("the complaining
party");
· a
statement of good faith belief of unauthorized use;
· a
statement under penalty of perjury that the information in the Notice is
accurate.
Once we
receive a satisfactory Notice, we will remove the material immediately. We will
promptly take reasonable steps to inform the user who posted the allegedly
infringing material ("the alleged infringer") of the Notice and subsequent
removal. The alleged infringer may then provide us with counter-notice
("Counter-notice") that the initial infringement was erroneous. Such
Counter-notice must be in writing and must include:
· a
signature;
· identification
of the removed material;
· identification
of the location where the material appeared before removal;
· a
statement of good faith belief that the material was removed in error;
· the
alleged infringer's name, address, and telephone number;
· a
statement of consent to jurisdiction in federal district court.
Upon receipt
of a Counter-notice, we will notify the complaining party and restore the
material within 14 to 21 business days of the Counter-notice, unless the
complaining party informs us that an action for a restraining order has been
commenced in federal court.
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