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TERMS AND
CONDITIONS ("the Terms of Use")
Effective 4/7/2010
You should carefully read the Terms of Use before
using Our Site. By using Our Site you agree to be bound by the Terms of
Use. This is a legally binding agreement. If you do not agree with the
Terms of Use you should not use Our Site.
1. We agree to provide you access to Our Site in accordance with the
Terms of Use.
2. You agree to use Our Site in a manner consistent with any and all
applicable rules and regulations.
3. You accept that Our Site is provided on an "as is, as available"
basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE FOR
INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED AT ANY TIME FOR
ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE SENDING OF NOTICE TO
THE OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND TRANSMIT DATA
OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING OUR SITE.
7. You are authorized to download one copy of the material on our Site
on one computer for your personal, non-commercial use only but you may
not in so doing remove or amend any trademark, copyright or other
proprietary notice.
8. Subject to the above, you may not modify, copy, distribute, republish
or upload any of the material on our Site without our prior consent in
writing. No intellectual property or other rights shall be transferred
to you.
9. To the extent that portions of our Site (such as "chat rooms" or
"bulletin boards") provide users an opportunity to post and exchange
information, ideas and opinions ("Postings"), BE ADVISED THAT WE DO NOT
SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB
SITE, and Postings do not necessarily reflect our views. To the fullest
extent permitted by applicable laws, we exclude all responsibility and
liability for the Postings or for any losses or expenses resulting from
their use and/or appearance on our Site.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF
OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR
ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A
VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS
OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEB SITE
WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR
ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU
CONSIDER NECESSARY.
11. We reserve the right to monitor all materials posted on this
bulletin board (“Postings”) and to remove any which we consider in our
absolute discretion to be offensive or otherwise in breach of these
Terms of Use.
12. You hereby represent and warrant that you have all necessary rights
in and to all Postings you provide and all material they contain and
that such Postings shall not infringe any proprietary or other rights of
third parties.
13. Where we provide hypertext links to other sites we do so for
information purposes only, and such links are not endorsements by us of
any products or services in such sites and we accept no liability nor
make any endorsement or approval of the same.
14. The Terms of Use contain the entire understanding between us with
respect of Our Site and no representation, statement, inducement oral or
written, not contained herein shall bind either of us.
15. AsAManThinketh.net LLC, and/or its subsidiaries, as owner(s) of this
website, reserves the right to make changes to the terms and conditions
of this Agreement at any time without prior notice. Utilization of our
websites or any service provided by us following the effective date of
such change shall constitute acceptance by you of such change.
16. Should any part of the Terms of Use be declared invalid or
unenforceable by a court of competent jurisdiction, this shall not
affect the validity of any remaining portion and such remaining portion
shall remain in full force and effect as if the invalid portion of the
Terms of Use had been eliminated.
17. This Agreement is governed by the laws of the State of Florida,
without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate
AsAManThinketh.net LLC, and/or its subsidiaries, as owner(s) of this
website and/or its affiliates' intellectual property rights,
AsAManThinketh.net LLC, and/or its subsidiaries, as owner(s) of this
website and/or its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of Florida, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Gainesville, Florida. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: Gainesville, Florida, under the rules of the
American Arbitration Association. Judgment upon the award rendered by
the arbitration may be entered in any court with jurisdiction to do so.
AsAManThinketh.net LLC
PO Box 1220
Melrose, FL 32666
877-233-1557 |
