THE TERMS
AND CONDITIONS PRESENTED HERE GOVERN THE USE OF THE CLASSIC
WEBSITES WEBSITE (THE "WEB SITE") BY YOU AND YOUR
EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "YOU"
OR “YOUR”). BY USING THE WEB SITE, YOU AGREE TO
ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS
AND CONDITIONS. CLASSIC WEBSITES (THE "COMPANY")
RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT
ANY TIME AT ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE
AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES
YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS
AND CONDITIONS REGULARLY
- Scope:
These Terms and Conditions govern Your use of the Web site.
These Terms and Conditions, however, do not apply to the
Company's products or services, which are the subject of
separate agreements.
- Permitted Use:
You have a non-exclusive, non-transferable, limited, revocable
right to use the Web site solely for Your informational
use in evaluating the Company and its products and services.
You may not use the Web site for any other purpose without
the Company’s express prior written consent, including,
without limitation, any commercial purpose. For example,
You may not and may not authorize any other person or entity
(“Person”) to (i) frame the Web site or any
portion thereof (whereby the Web site or a portion thereof
will appear on a user’s screen with a portion of another
web site, or with content or advertising of any Person without
the Company’s consent), or (ii) Co-brand the Web site
or any portion thereof. "Co-branding" means the
display of a name, logo, trademark, or other means of attribution
or identification of any Person in such a manner reasonably
likely to give a user of the Web site the impression that
such the Person is associated or affiliated with the Company,
or has the right to display, publish, transmit or distribute
the Website or content accessible within the Web site. In
addition, You may not and may not authorize any Person to
link to any part of the Web site without the Company’s
prior written consent. You agree to cooperate with the Company
in causing any unauthorized framing, Co-branding, linking
or similar activity to cease immediately. You may not take
any action that violates our Acceptable Use Policy.
- Proprietary Information:
You acknowledge and agree that between the Company and You,
the Company is the owner of all right, title and interest
in the Web site and all content accessible within the Web
site (the "Content"), including, without limitation,
all trademarks, service marks, trade names, patent rights,
copyrights, and other intellectual property or proprietary
rights with respect thereto. You will not reproduce, transmit,
publish or distribute sublicense or otherwise transfer or
make available to others, or edit, modify or create any
derivative works of all or any part of the Web site or the
Content, without the express written consent of the Company,
other than limited printed copies of materials that you
may need for Your own use and that contains all of the Company’s
copyright and other notices. Without limiting the generality
of the foregoing, You will not use any systematic retrieval
process including without limitation, scrapers, robots,
or bots, to collect, create, or compile Content or other
data from the Company Web site.
- Disclaimer:
You will have access to a variety of third party sources
of content through the use of the Web site and the Internet.
The Company has made no effort to verify the accuracy or
suitability of any information contained in any such sources,
including, without limitation, any other website that you
can link to from the Web site. Accordingly, the Company
has no liability or responsibility whatsoever for any content
provided by any other Person contained on or obtained through
the Web site. You acknowledge and agree that any access,
use or reliance on any such third party content is at Your
own risk. You understand that, except for information, products
or services clearly identified as being supplied by the
Company, the Company does not operate, control or endorse
any information, products or services of any other Person
on the Web site or the Internet in any way. You also understand
and agree that the Company does not guarantee or warrant
that files available for downloading from the Web site or
through the Internet will be free of infection or viruses,
worms, Trojan horses or other malicious code that may adversely
effect You, Your computer or computer systems or Your data
or files. In addition, You are responsible for implementing
sufficient procedures and checkpoints to satisfy Your particular
requirements for accuracy of data input and output, and
for maintaining a means external to the Website for the
reconstruction of any lost data. ACCESS
TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR SERVICES
CONTAINED THEREIN ARE PROVIDED “AS IS.” THE
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH
RESPECT OF YOUR USE OF THE WEB SITE OR THE CONTENT CONTAINED
THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING,
USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS
THE SAME.
- Privacy Policy:
The Company collects, stores and uses data collected from
You in accordance with the Company’s Privacy Policy.
- Limitation on Liability:
THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL
DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS AND DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER
ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE
OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE
PAID TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN THESE
TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE
OUT OF WHICH LIABILITY AROSE.
- Indemnity:
You will indemnify and hold the Company, its licensors,
content providers, service providers, employees, agents,
officers, directors and contractors (the "Indemnified
Parties") harmless from Your breach of any of these
Terms And Conditions or any other terms, conditions, policies
or procedures contained on the Web site, including, without
limitation, any use of Content other than as expressly authorized
in these Terms and Conditions. You agree that the Indemnified
Parties will have no liability in connection with any such
breach or unauthorized use, and You agree to indemnify and
hold harmless the Indemnified Parties from any and all resulting
loss, damages, judgments, awards, costs, expenses, and attorneys’
fees in connection therewith. You will also indemnify and
hold the Indemnified Parties harmless from and against any
claims brought by third parties arising out of Your use
of the information accessed from the Web site.
- Trademarks:
Classic Websites® is a registered trademark, and the
Classic Websites logo and other Classic Websites marks appearing
on the Web Site are either registered or unregistered trademarks
of the Company. Other trademarks, service marks and logos
appearing in this Web site are the property of either the
Company, its content providers or other third parties. The
Company, its content providers and such third parties retain
all rights with respect to any of their respective trademarks,
service marks or logos.
9. Miscellaneous.
- Headings:
The headings of sections of these Terms and Conditions are
for ease of reference only and shall not be admissible in
any action to alter, modify or interpret the contents of
any section hereof.
- Governing Law and Jurisdiction:
The validity and effect of these Terms and Conditions shall
be governed by and construed and enforced in accordance
with the laws of the State of Florida, without regard to
its conflicts of laws principles. The parties expressly
disclaim application of the United Nations Convention on
Contracts for the International Sale of Goods. ANY
SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS
USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER
POLICY OR PROCEDURE OF THE COMPANY REGARDING USE OF THE
WEBSITE, MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED
IN DUVAL COUNTY, FLORIDA AND YOU HEREBY IRREVOCABLY CONSENT
TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE
APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR
PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY
NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY
SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT
ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN
ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
- Entire Agreement:
Amendments. These Terms and Conditions, together with the
Acceptable Use Policy and the Privacy Policy, supersede
any prior discussions, negotiations and agreements between
the parties with respect to the subject matter hereof, and
these Terms and Conditions, together with the Acceptable
Use Policy and the Privacy Policy, constitute the sole and
entire agreement between the parties with respect to the
matters covered hereby.
- Severability:
The provisions of these Terms and Conditions may be exercised
and are applicable and binding only to the extent that they
do not violate any applicable laws and are intended to be
limited to the extent necessary so that they will not render
these Terms and Conditions illegal, invalid or unenforceable.
If any provision or portion of any provision of these Terms
and Conditions are held to be illegal, invalid or unenforceable
by a court of competent jurisdiction, the remaining provisions
or portions thereof shall apply with respect to the subject
matter hereof, and all such remaining provisions or portions
thereof shall remain in full force and effect.
- Waiver:
No failure or delay on the part of the Company to exercise
any right or remedy hereunder shall operate as a waiver
thereof, nor shall any single or partial exercise of any
right or remedy by the Company preclude any other or further
exercise thereof or the exercise of any other right or remedy.
No express waiver or assent by the Company to any breach
or default in any of these Terms and Conditions shall constitute
a waiver of or an assent to any succeeding breach of or
default in the same or any other term or condition hereof.
|