TERMS AND CONDITIONS OF USE AGREEMENT
1. Acceptance of Agreement.
The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
3. No Reverse Engineering.
You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, tool or material on or accessible through the Website. Further, you agree not to reproduce our database of links in whole or in part or to extract, data mine or otherwise copy any of the materials on or accessible through the Website, or any part thereof, either manually or automatically.
4. Deleting and Modification.
We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL, LEGAL OR MEDICAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
8. Third-Party Website.
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
9. Third-Party Products and Services.
We advertise third-party linked websites from which you may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
All suggestions, ideas, notes, concepts and other information you may send to us (collectively, “Submissions”), unless expressly agreed in advance in writing, shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
12. Memberships and Billing.
a) Memberships. Certain memberships require payment of periodic membership fees. The membership rates are set out on the Website and are payable in advance of each applicable membership period (e.g., monthly or annually).
b) Renewals and Suspensions. MONTHLY AND ANNUAL MEMBERSHIPS AUTOMATICALLY RENEW AND YOUR CREDIT CARD OR OTHER PAYMENT METHOD YOU PROVIDE WILL BE CHARGED ON THE FIRST DAY OF EACH RENEWAL PERIOD UNTIL YOUR MEMBERSHIP IS TERMINATED BY US OR CANCELLED BY YOU.
c) Payments and Cancellation. You agree to pay all applicable fees for your membership and use of the Website, plus any applicable taxes or other charges as may be required, when due and payable. All fees and charges are payable in advance and non-refundable, including after cancellation. If you wish to cancel your membership, please visit the customer support web area on the Website. Cancellation of memberships will take effect at the end of the applicable then-current billing period for which payment has been made in advance as described above.
d) Free Trial Memberships. We may from time to time introduce free trials. Free trials or Complete Member memberships may require you to register with a valid credit card to commence. Members that sign up for a free trial membership will be automatically renewed at the normal monthly membership rate at the end of the trial period unless the Member cancels the membership at least before the end of the trial. You can cancel a free trial online or by contacting Customer Support or by using any cancellation link available for the particular membership. After cancellation of a free trial, the Member can continue as a Free Member where applicable. Unless the terms of a promotion state otherwise, for promotions that include “free” periods with “paid” periods, paid periods will elapse first.
f) Promotions. From time to time, we may make coupons or other promotions available. They may, for example, provide membership or other service at a special discounted price for a limited period, followed by a higher price after the initial promotional period. By subscribing to such promotions, you agree that you will be responsible for all payments as specified in the promotion, and you agree that we may adjust the pricing of such plans, as specified in the offer, promotional materials or coupon, without further notice or other communication to you, and charge your credit card or other payment type you have supplied accordingly.
g) New Services. We may, from time to time, introduce new or additional features, services or materials to the Website that may be a part of, or priced separately from, existing levels of membership at our sole discretion.
h) Substitution. If a service or product that you have purchased is no longer available we reserve the right to supply a similar replacement product or service or provide you with a refund at our discretion.
13. Product/Service Substitution.
If a service or product that you have purchased is no longer available we reserve the right to supply a similar replacement product or service or provide you with a refund at our discretion.
You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site or any sample products, freebie offers or services obtained by you through such use, shall be litigated in the circuit court of Miami Dade County, Florida or the United States District Court for the Southern District of Florida. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Miami, Florida or the Southern District of Florida is an inconvenient forum or an improper forum based on lack of venue. This site is controlled by Mode Lifestyle Magazine in the State of Florida, USA. As such, the laws of Florida will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.