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These Terms and Conditions of Use (the “Terms of Use”) apply to the BaywindsLife©
web site ("Site") located at http://homepage.mac.com/bernieamero/Baywinds1/Baywinds.htm
The Site and the BaywindsLife© name is the property of
Bernie Amero (“Owner”). BY USING THE SITE, YOU AGREE TO THESE
TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Owner reserves the right, at its sole discretion, to change, modify, add
or remove portions of these Terms of Use, at any time. It is your responsibility
to check these Terms of Use periodically for changes. Your continued use
of the Site following the posting of changes will mean that you accept
and agree to the changes. As long as you comply with these Terms of Use,
Owner grants you a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork, computer code, advice, opinion, statement, memorandum or other information (collectively, “Content”),
including but not limited to the design, structure, selection, coordination,
expression, “look and feel” and arrangement of such Content, contained
on the Site is owned, controlled or licensed by or to Owner, and is protected
by trade dress, copyright, patent and trademark laws, and various other
intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site
and no Content may be copied, reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted or distributed in
any way (including “mirroring”) to any other computer, server, Web site
or other medium for publication or distribution or for any commercial
enterprise, without Owner’s express prior written consent.
You may use information on products and services (such as data sheets,
knowledge base articles, and similar materials) purposely made available
by Owner for downloading from the Site, provided that you (1) not remove
any proprietary notice language in all copies of such documents, (2) use
such information only for your personal, non- commercial informational
purpose and do not copy or post such information on any networked computer
or broadcast it in any media, (3) make no modifications to any such information,
and (4) not make any additional representations or warranties relating
to such documents.
Your Use of the Site
You may not use any information provided on this Site for solicitation
or telemarketing purposes.
You may not use any “deep-link”, “page-scrape”,
“robot”, “spider” or other automatic device, program, algorithm or methodology,
or any similar or equivalent manual process, to access, acquire, copy
or monitor any portion of the Site or any Content, or in any way reproduce
or circumvent the navigational structure or presentation of the Site or
any Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the
Site. Owner reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature
of the Site, or any other systems or networks connected to the Site or
to any server, or to any of the services offered on or through the Site,
by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network
connected to the Site, nor breach the security or authentication measures
on the Site or any network connected to the Site. You may not reverse
look-up, trace or seek to trace any information on any other user of or
visitor to the Site to its source, or exploit the Site or any service
or information made available or offered by or through the Site, in any
way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than your own
information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on the infrastructure of the Site or
the systems or networks, or any systems or networks connected to the Site.
You agree not to use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site or any transaction being
conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any message or transmittal you send on or through
the Site or any service offered on or through the Site. You may not pretend
that you are, or that you represent, someone else, or impersonate any
other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful
or prohibited by these Terms of Use, or to solicit the performance of
any illegal activity or other activity which infringes the rights of Owner
or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services
and to specific portions or features of the Site, including contests,
promotions or other similar features, all of which terms are made a part
of these Terms of Use by this reference. You agree to abide by such other
terms and conditions, including where applicable representing that you
are of sufficient legal age to use or participate in such service or feature.
If there is a conflict between these Terms of Use and the terms posted
for or applicable to a specific portion of the Site or for any service
offered on or through the Site, the latter terms shall control with respect
to your use of that portion of the Site or the specific service.
Owner has no obligation with regard to any products and services contained
in this Site, and nothing on this Site should be construed to alter such.
Owner may make changes to any products or services offered on the Site,
or to the applicable prices for any such products or services, at any
time, without notice. The materials on the Site with respect to products
and services may be out of date, and Owner makes no commitment to update
the materials on the Site with respect to such products and services.
Each of these policies may be changed from time to time and are effective
immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require
you to open an account (including setting up a BaywindsLife© ID and password).
You are entirely responsible for maintaining the confidentiality of your
account information, including your password, and for any and all activity
that occurs under your account. You agree to notify Owner immediately
of any unauthorized use of your account or password, or any other breach
of security. However, you may be held liable for losses incurred by Owner
or any other user of or visitor to the Site due to someone else using
your BaywindsLife© ID, password or account.
You may not use anyone else’s BaywindsLife© ID, password or account at
any time without the express permission and consent of the holder of that
BaywindsLife© ID, password or account. Owner cannot and will not be liable
for any loss or damage arising from your failure to comply with these
obligations.
Privacy
By using the Site, you acknowledge and agree that Internet transmissions
are never completely private or secure. You understand that any message
or information you send to the Site may be read or intercepted by others,
even if there is a special notice that a particular transmission (for
example, credit card information) is encrypted.
Links to Other Sites
This Site may contain links to other independent third-party Web sites
(“Linked Sites”). These Linked Sites are provided solely as a convenience
to our visitors. Such Linked Sites are not under Owner’s control, and
Owner is not responsible for and does not endorse the content of such
Linked Sites, including any information or materials contained on such
Linked Sites. You will need to make your own independent judgment regarding
your interaction with these Linked Sites.
Disclaimers
OWNER DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE
OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL
BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE”
BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT
NOTICE. OWNER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD
FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE
FEATURES. OWNER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING
ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. OWNER DISCLAIMS ANY AND ALL LIABILITY FOR THE
ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR
RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR
USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OWNER FOR
DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE
OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN
BETWEEN THE PARTIES.
The Site Owner, Administrator, volunteers, employees or contractors working for or on behalf of BaywindsLife© DO NOT represent or endorse the accuracy or reliability of the Content displayed on the Site to any reader, user, information provider or any other person or entity. You acknowledge that any reliance upon any such Content shall be at your sole risk. THE SITE IS AVAILABLE ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
The above disclaimer applies to any damages, liability or injuries caused
by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication
line failure, theft or destruction of or unauthorized access to, alteration
of, or use, whether for breach of contract, tort, negligence or any other
cause of action.
Owner reserves the right to do any of the following, at any time, without
notice: (1) to modify, suspend or terminate operation of or access to
the Site, or any portion of the Site, for any reason; (2) to modify or
change the Site, or any portion of the Site, and any applicable policies
or terms; and (3) to interrupt the operation of the Site, or any portion
of the Site, as necessary to perform routine or non-routine maintenance,
error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Owner be liable to you
for any indirect, consequential, exemplary, incidental or punitive damages,
including lost profits, even if Owner has been advised of the possibility
of such damages.
If, notwithstanding the other provisions of these Terms of Use, Owner
is found to be liable to you for any damage or loss which arises out of
or is in any way connected with your use of the Site or any Content, Owner’s
liability shall in no event exceed the greater of (1) the total of any
subscription or similar fees with respect to any service or feature of
or on the Site paid in the six months prior to the date of the initial
claim made against Owner, or (2) US$10.00. Some jurisdictions do not allow
limitations of liability, so the foregoing limitation may not apply to
you.
Indemnity
You agree to indemnify and hold Owner, its officers, directors, shareholders,
predecessors, successors in interest, volunteers, employees, agents, contributors,
subsidiaries and affiliates, harmless from any demands, loss, liability,
claims or expenses (including attorneys’ fees), made against Owner by
any third party due to or arising out of or in connection with your use
of the Site.
Violation of These Terms of Use
Owner may disclose any information we have about you (including your identity)
if we determine that such disclosure is necessary in connection with any
investigation or complaint regarding your use of the Site, or to identify,
contact or bring legal action against someone who may be causing injury
to or interference with (either intentionally or unintentionally) Owner’s
rights or property, or the rights or property of visitors to or users
of the Site, including Owner’s customers. Owner reserves the right at
all times to disclose any information that Owner deems necessary to comply
with any applicable law, regulation, legal process or governmental request.
Owner also may disclose your information when Owner determines that applicable
law requires or permits such disclosure, including exchanging information
with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Owner may preserve any transmittal or communication
by you with Owner through the Site or any service offered on or through
the Site, and may also disclose such data if required to do so by law
or Owner determines that such preservation or disclosure is reasonably
necessary to (1) comply with legal process, (2) enforce these Terms of
Use, (3) respond to claims that any such data violates the rights of others,
or (4) protect the rights, property or personal safety of Owner, its employees,
users of or visitors to the Site, and the public.
You agree that Owner may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to the
Site if we determine that you have violated these Terms of Use or other
agreements or guidelines which may be associated with your use of the
Site. You also agree that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and will cause irreparable
harm to Owner, for which monetary damages would be inadequate, and you
consent to Owner obtaining any injunctive or equitable relief that Owner
deems necessary or appropriate in such circumstances. These remedies are
in addition to any other remedies Owner may have at law or in equity.
You agree that Owner may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not
limited to) (1) requests by law enforcement or other government agencies,
(2) a request by you (self-initiated account deletions), (3) discontinuance
or material modification of the Site or any service offered on or through
the Site, or (4) unexpected technical issues or problems.
If Owner does take any legal action against you as a result of your violation
of these Terms of Use, Owner will be entitled to recover from you, and
you agree to pay, all reasonable attorneys’ fees and costs of such action,
in addition to any other relief granted to Owner. You agree that Owner
will not be liable to you or to any third party for termination of your
access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site,
including all disputes, will be governed by the laws of the United States
and by the laws of the State of Florida without regard to its conflicts
of laws provisions. You agree to the personal jurisdiction by and venue
in the state and federal courts in Palm Beach County, Florida, and waive
any objection to such jurisdiction or venue. Any claim under these Terms
of Use must be brought within one (1) year after the cause of action arises,
or such claim or cause of action is barred. No recovery may be sought
or received for damages other than out-of-pocket expenses, except that
the prevailing party will be entitled to costs and attorneys’ fees. In
the event of any controversy or dispute between Owner and you arising
out of or in connection with your use of the Site, the parties shall attempt,
promptly and in good faith, to resolve any such dispute. If we are unable
to resolve any such dispute within a reasonable time (not to exceed thirty
(30) days), then either party may submit such controversy or dispute to
mediation. If the dispute cannot be resolved through mediation, then the
parties shall be free to pursue any right or remedy available to them
under applicable law.
Void Where Prohibited
Owner administers and operates the http://homepage.mac.com/bernieamero/Baywinds1/Baywinds.htm
Site from its location in West Palm Beach, Florida USA. Although the Site
is accessible worldwide, not all features, products or services discussed,
referenced, provided or offered through or on the Site are available to
all persons or in all geographic locations, or appropriate or available
for use outside the United States. Owner reserves the right to limit,
in its sole discretion, the provision and quantity of any feature, product
or service to any person or geographic area. Any offer for any feature,
product or service made on the Site is void where prohibited. If you choose
to access the Site from outside the United States, you do so on your own
initiative and you are solely responsible for complying with applicable
local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation
of such Content, or any product or service offered on the Site, in violation
of any applicable laws or regulations, including without limitation United
States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or
other tribunal of competent jurisdiction to be void or unenforceable,
such provisions shall be limited or eliminated to the minimum extent necessary
and replaced with a valid provision that best embodies the intent of these
Terms of Use, so that these Terms of Use shall remain in full force and
effect. These Terms of Use constitute the entire agreement between you
and Owner with regard to your use of the Site, and any and all other written
or oral agreements or understandings previously existing between you and
Owner with respect to such use are hereby superseded and cancelled. Owner
will not accept any counter-offers to these Terms of Use, and all such
offers are hereby categorically rejected. Owner’s failure to insist on
or enforce strict performance of these Terms of Use shall not be construed
as a waiver by Owner of any provision or any right it has to enforce these
Terms of Use, nor shall any course of conduct between Owner and you or
any other party be deemed to modify any provision of these Terms of Use.
These Terms of Use shall not be interpreted or construed to confer any
rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential.
Owner shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change
without notice.
Copyright © 2004-2011Bernie Amero. All rights reserved.
BernieAmero@aol.com
9118 Bay Harbour
Circle, West Palm Beach, FL 33411-5154, USA.
Effective March 8, 2006 |