POLICIES

Accessibility Statement

Thomas Law PLLC takes the following measures to ensure accessibility of our website and digital content:

Include accessibility as part of our mission statement.
Provide continual accessibility training for our team.
Employ formal accessibility quality assurance methods.

We are committed to ensuring that our website is accessible to everyone. We continuously seek to enhance our website, and increase the accessibility of our digital content, for all our visitors and clients. If you have an accessibility-related question or comment, or if you are having difficulty accessing information on this website, please contact us using one of the methods below so that we can provide you with the information you need through alternative means.

PHONE: (407) 717-9990

EMAIL: Legalinfo@thomaslawimhere.com

ADDRESS: 166 Lookout Place Suite 200 Maitland, Florida 32751

We try to respond to feedback within 3 business days.

Copyright Claims

This site (together with any successor site(s), computer systems, cloud-based storage accounts, and all associated social media websites, hereinafter collectively referred to as the "Site") is operated by Thomas Law Firm PLLC("we," or "us,). We respect the intellectual property rights of others and the Site should not contain content that violates those rights. Our Terms require that users have all the right, power, and authority necessary to post user submissions to the Site, and we take intellectual property rights violations seriously. This Copyright Policy provided a procedure for you to report copyright infringement associated with material on the Site. We comply with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights.

Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others, and by submitting any notices, you agree you have no expectation of privacy in your submission.

Claims regarding copyright infringement:

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), we have implemented procedures for receiving written notification of claimed infringements. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication which contains:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description specifying the location on the Site of the material that you claim is infringing, preferably including the salient URL;
Your email address, mailing address, and telephone number;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please submit your notice to our Copyright Agent via email to legalinfo@thomaslawimhere.com, with the subject line "DMCA NOTICE"

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication which contains:

Your physical or electronic signature;
Identification of the material removed or to which access has been disabled;
A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Middle District of Florida, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.

Please submit your counter-notice to our Copyright Agent via email to legalinfo@thomaslawimhere.com with the subject line “DMCA COUNTER-NOTICE.”

For issues other than copyright infringement please contact us via email at legalinfo@thomaslawimhere.com

Please note if any notification of claimed infringement does not meet the above requirements, we have no responsibility to respond to or act on any such defective notification of claimed infringement.

Privacy Policy

Last Updated 11/6/2023.

We are concerned about privacy issues and want you to be familiar with how we collect, use and disclose information, so that you can make educated and informed decisions. This Privacy Policy describes our practices in connection with information that we collect through our Site, any of our mobile applications, or any other websites or content owned by us that links to this Privacy Policy (collectively, the "Services").

Please note that the Privacy Policy applies only to our online information-gathering and dissemination practices in connection with the Services, and does not apply to any of our practices conducted offline. If you have any questions or comments about the Privacy Policy or our privacy practices, please contact us at privacy legalinfo@thomaslawimhere.com.

Your use of any of the Services is conditioned on your agreement with all the terms of this Privacy Policy. Do not use the Services if you disagree with any part of this Privacy Policy. This Privacy Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Privacy Policy. To the extent any translated versions of this Privacy Policy conflict with the English language version, the English language version of this Privacy Policy shall control.

How We May Collect Personal Information

"Personal Information" is information that identifies you as an individual, such as:

name;
physical mailing address;
telephone number;
email address.

We and our service providers may collect Personal Information in a variety of ways, including:

Through the Services: We may collect Personal Information through the Services, such as when you fill out a form, or access the Site.

From Other Sources: We may receive your Personal Information from other sources, such as public databases, joint marketing partners, social media platforms, from people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties.

How We May Use Personal Information

We may use Personal Information:

To respond to your inquiries and fulfill your requests, such as to send you newsletters or publications that you request or to register you for events;

To send you our legal updates and mailings relating to our seminars or events that we think may be of interest to you;

To keep a record of your contact information and correspondence, and use it to respond to you, if you contact us through the Services;

To send administrative information to you;

To allow you to send Services-related content to a friend through the Services. By using this functionality, you are telling us that you are entitled to use and provide us with your friend's name and email address;

For our business purposes, such as data analysis, audits, fraud monitoring and prevention, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities;

As we believe to be necessary or appropriate to comply with legal process, respond to requests from public and government authorities including public and government authorities outside your country of residence, enforce our terms and conditions, protect our operations or those of any of our affiliates, protect our rights, privacy, safety or property, or that of our affiliates, you or others, and to allow us to pursue available remedies or limit the damages that we may sustain.

How Personal Information May Be Disclosed

To our affiliates for the purposes described in this Privacy Policy, consistent with our goal of providing the highest level of service. Subject to local requirements, this information may be used to provide legal and related services offered by our other legal entities and for all the purposes outlined in this Privacy Policy. Thomas Law Firm PLLC remains responsible for the management of the jointly-used Personal Information. If you are a Californian user of the Services, and would like more information regarding our provision of your Personal Information to affiliates of Thomas Law Firm PLLC, please refer to the "Special Notification for Individual California Users" section below.

To our third-party service providers that provide services such as website hosting, Services-related consulting and monitoring, data analysis, information technology and related infrastructure, customer service, email delivery, auditing and other similar services.

To identify you to anyone to whom you send messages through the Services.

By you on services to which you are able to post information and materials. Please note that any information you post or disclose online may become public information, and may be available to us, to users of the Services and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Services.

To a third party (whether affiliated or unaffiliated with us) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

As we believe to be necessary or appropriate to comply with legal process, respond to requests from public and government authorities including public and government authorities outside your country of residence, enforce our terms and conditions, protect our operations or those of any of our affiliates, protect our rights, privacy, safety or property, or that of our affiliates, you or others, and to allow us to pursue available remedies or limit the damages that we may sustain.

Other Information

Other Information We May Collect

"Other Information" is any information that does not reveal your specific identity or does not directly relate to an individual, such as:

browser and device information;
usage data;
Internet Protocol (IP) addresses;
information collected through cookies, pixel tags and other technologies;
demographic information and other information provided by you;
aggregated or anonymized information.

How We May Collect Other Information

We and our third party service providers may collect Other Information in a variety of ways, including:

Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type, screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.

Using cookies: Cookies are pieces of information stored directly on the computer that you are using. We may use cookies in connection with the Services. There are two main types of cookies: (i) Session cookies: these are temporary cookies that expire when you close your browser. Session cookies allow the Services to recognize your computer as you navigate between pages during a single browser session, allowing you to use the Services most efficiently, and (ii) Persistent cookies: these are stored on your computer between browsing sessions until they expire or are deleted. They allow the Services to remember your preferences and tailor services to you. We may use both session and persistent cookies in connection with the Services. These cookies are used for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience while visiting the Services, as well as for online tracking purposes. Cookies permit us to recognize your computer to assist your use of the Services. We may also use cookies to gather statistical information about the usage of the Services in order to continually improve the design and functionality, to understand how users use the Services and to assist us with resolving questions regarding the Services. In addition to cookies which send information to us, we may also use cookies which collect information and send it to our service providers. Please check the relevant service provider’s website for more information about their use of cookies. Further, where the Services allow you to access other websites from the Services using the links provided, the operators of those websites may use cookies in accordance with their own cookies policy, which may differ from ours.

Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.

IP Address: Your "IP Address" is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites and applications. We use IP Addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, and administering the Services.

From you: Information such as your location, as well as other information, such as your preferred means of communication, is collected when you voluntarily provide this information. Unless combined with Personal Information, this information does not personally identify you or any other user of the Services.

By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Services, (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).

How We May Use and Disclose Other Information

Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in "How We May Collect Other Information" section above, as well as for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as any app, social media platform, or wireless service provider, including any Personal Information you disclose to other organizations through or in connection with the Services.

Security

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us via email legalinfo@thomaslawimhere.com.

Choices and Access

Your choices regarding our use of your Personal Information for marketing purposes

If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by following the unsubscribe instructions in any such message or by contacting us by email at legalinfo@thomaslawimhere.com. We will try to comply with your request as soon as reasonably practicable. Please note that if you do opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.

How you can access, change, or suppress your Personal Information

You may request to review, correct, update, delete, or otherwise modify any of your Personal Information that you have previously provided to us through the Services, or object to the use or processing of such Personal Information by us. You may exercise these rights by contacting us via email at legalinfo@thomaslawimhere.com.

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information that you have provided to us removed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information that you have provided to us.

For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed.

Special Notification for Individual California Users

California residents who have provided us with their Personal Information during the creation of or during the course of an established legal services relationship that is primarily for personal, family, or household purposes ("Individual California Users") may request information about our disclosures of certain categories of Personal Information to third parties (i.e., our affiliates) for such third parties' direct marketing purposes. Such requests may be submitted via email to legalinfo@thomaslawimhere.com. We will provide a list of the categories of Personal Information disclosed to third parties, if any, for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email address specified in this section.

Special Notification for Nevada Residents

We do not sell, rent, or lease your Personal Information to third parties. However, if you are a resident of Nevada and would like to submit a request not to sell your personally identifiable information, you may do so by emailing us at legalinfo@thomaslawimhere.com.

Retention Period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Use of Services by Minors

The Services are not directed to individuals under the age of eighteen, and we require that these individuals not provide Personal Information through the Services. Children may not access those sections of the Site that require registration. Upon notification that a child has provided us with personally identifiable information, we will delete the child’s personally identifiable information from our records. If you believe we might have any information from a child, please email us at legalinfo@thomaslawimhere.com.

Cross-Border Transfer

The Services are controlled and operated by us from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

Sensitive Information

We ask that you not send us, and you not disclose, any sensitive Personal Information, such as Social Security numbers, credit card or other payment card information, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership, on or through the Services or otherwise to us.

Updates to This Privacy Policy

We may change this Privacy Policy. Please review the "Last Updated" legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.

Do Not Track Signals

At this time, we do not respond to browser "do not track" or "DNT" signals.

Contacting Us

If you have any questions about this Privacy Policy, please contact us by email at legalinfo@thomaslawimhere.com. Please note that email communications are not always secure; so please do not include credit card information or sensitive information in your emails to us.

Terms & Conditions

This site (together with any successor site(s), computer systems, cloud-based storage accounts, associated social media websites, and all Services, as defined below, hereinafter collectively referred to as the "Site") is operated by Thomas Law Firm PLLC, ("we" or "us") Your use of the Site is governed by these Terms of Use (this "Agreement"), regardless of how you access the Site (including through the Internet, through a mobile network, or in any other manner). This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.

WHILE THE INFORMATION ON THE SITE MAY CONCERN LEGAL ISSUES, IT IS NOT LEGAL ADVICE. MOREOVER, USE OF THE SITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE OR THROUGH YOUR COMPLETION OF ANY FORMS ON THE SITE.

Acceptance of Terms

By using the Site, and submitting data or information via the Site, you agree to the terms of this Agreement and to any follow additional rules and guidelines that we post on the Site. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. It is your responsibility to check this Agreement to see when it was last updated. You can easily determine when we last changed this Agreement by referring to the "Last Updated" language at the very top of this Agreement. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes. We may, at any time, modify or discontinue all or part of the Site; refuse to provide any user with access to the Site; charge, modify, or waive fees required to use the Site; or offer opportunities to some or all Site users. Your sole and exclusive remedy in the event of any issue with the Site is to stop using the Site.

Age and Ability to Enter Into This Agreement

By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. You further affirm you are over the age of thirteen, and if you are under the age of thirteen you are not permitted to use the Site. If you believe we have information or data collected from a child under the age of thirteen, you agree you will let us know by sending an email to legalinfo@thomaslawimhere.com

Jurisdiction

Thomas Law Firm PLLC, is based in Maitland, Florida, and does not conduct or solicit business outside of the United States of America. The Site is controlled and operated from the United States, and is not intended to subject us to the jurisdiction or laws of any country or sovereign entity other than the United States. The Site may not be appropriate or available for use in some jurisdictions outside of the United States, depending on your local laws and regulations. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. You agree that your use of the Site, and any dispute relating to the Site, is governed exclusively by Florida law, without regard to choice of law and conflict of law principles.

Description of the Services

We may provide users of the Site with access to general information and services about us, including without limitation, information such as newsletters, legal updates, articles, attorney profiles, event details, videos, photos, text, data, and other similar content, as well as services such as event registration, subscription management, research tools, videos, links to third-party websites, and online forms that you can fill out to receive information or be contacted by us (such information and services, collectively, the "Services"). Neither your receipt of information presented on this Site nor any email or other electronic communication sent through this Site will create an attorney-client relationship, and any such email or communication will not be treated as confidential by us. No user of this Site should act or refrain from acting on the basis of information included on this Site without seeking legal advice of counsel in the relevant jurisdiction. We expressly disclaim all liability in respect of actions taken or not taken based on any contents of this Site.

Information You Submit

You may voluntarily submit a variety of comments, information, images, files, links and other materials using the Site ("User Submissions"), and you grant us and our assigns a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Submissions that you post on or in connection with the Site ("User Submission License"). We may use your User Submissions without any obligation to compensate you for them, including for commercial purposes. We reserve the right to, in our sole discretion, refuse to accept, post, display, or transmit any User Submission. You represent and warrant that you have all the rights, power, and authority necessary to post your User Submissions. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Submissions or anything else on the Site. You agree that you will use the Site in compliance with all applicable local, state, national, and international laws, rules and regulations. Your submission of information through the Site is governed by our Privacy Policy, posted on the Site (the "Privacy Policy"). You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly. If you choose to make any of your personally identifiable or other information publicly available on the Site, you do so at your own risk. Except as otherwise described in the Site’s posted Privacy Policy, you agree that your User Submissions will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and to the maximum extent permitted by applicable law, Thomas Law Firm PLLC, assumes no obligation of any kind to you or any third party with respect to your User Submissions.

Rules of Conduct

While using the Site you must comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site. You further agree that you will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

Registration

You may need to register to use part(s) of the Site. We may reject, or require that you change, any username, password, or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you are responsible for any use of your username and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your username and password, or your Site account.

Accuracy of Information

We attempt to ensure that information on this Site is complete, accurate, and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Site. If you notice anything on the Site that you believe to be inaccurate or incorrect, please let us know by emailing us at legalinfo@thomaslawimhere.com

Our Rights

We and our respective licensors own the information and materials made available through the Site. Such information and materials may be protected by copyright, trademark, patent, and other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on any part of the Site or any information or materials made available through the Site. Our trademarks and service marks include, without limitation, Thomas Law Firm PLLC, GaunceLaw.com, and any associated trademarks and logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.

Links

The Site may provide links to other websites. Links that may be accessed via the Site are provided for convenience only. We do not maintain linked sites, and cannot control the completeness or accuracy of the content contained therein. We are not responsible for and do not endorse external websites. We may allow you to link to the Site directly from another website; if you do link to the Site, you agree that you will disable and remove any such link promptly upon our request.

Limitations of Liability and Disclaimers

THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us or our affiliates harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.

Termination

We may, at any time and for any reason, terminate your access to or use of: (a) the Site, (b) your user name and password or (c) any files or information associated with your username and password. If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or any third-party claim that your use of the Site is unlawful or infringes such third party’s rights).

Governing Law; Dispute Resolution

You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Florida, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Volusia, Florida, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto.

Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://onguardonline.gov. Please note that we do not endorse any of the products or services listed at these sites.

Miscellaneous

We may freely assign our rights and obligations under this Agreement. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in our discretion.

We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.