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1. ACCEPTANCE OF TERMS
MulchCentralFlorida.com is owned by
www.greenwiselandscapeproducts.com and their
web properties include
www.greenwiserecycling.com ,
www.mulchorlando.net,
www.mulchcentralforida.com ,
www.muckdisposal.com and more. These
internet sites (the "MulchCentralFlorida.com
Sites"), provides the information and services
on MulchCentralFlorida.com Sites to you, the
user, conditioned upon your acceptance, without
modification, of the terms and conditions of use
("Terms") contained herein. Your use of
MulchCentralFlorida.com Sites constitutes
agreement with such Terms.
Before
using MulchCentralFlorida.com Sites, please
carefully read this agreement relating to your
use of MulchCentralFlorida.com Sites. By using
MulchCentralFlorida.com Sites, you agree to be
bound by these terms and conditions. If you do
not agree to these terms and conditions, please
do not use MulchCentralFlorida.com Sites.
MulchCentralFlorida.com reserves the right, at
MulchCentralFlorida.com 's sole discretion, to
change, modify, add or remove portions of these
Terms periodically. Such modifications shall be
effective immediately upon posting of the
modified agreement to the website unless
provided otherwise (e.g., when implementing
major, substantive changes,
MulchCentralFlorida.com intends to provide users
with up to fourteen days of advance notice).
Your continued use of the
MulchCentralFlorida.com Sites following the
posting of changes to these Terms will mean that
you accept those changes. Use of
MulchCentralFlorida.com Sites constitutes full
acceptance of and agreement to the Terms; if a
user does not accept MulchCentralFlorida.com 's
Terms, he or she is not granted rights to use
MulchCentralFlorida.com Sites as defined herein,
and should refrain from accessing
MulchCentralFlorida.com Sites.
2. NO UNLAWFUL OR PROHIBITED USE
By using
MulchCentralFlorida.com Sites, you warrant to MulchCentralFlorida.com
that you will not use MulchCentralFlorida.com Sites, or any of the
content obtained from MulchCentralFlorida.com Sites, for any purpose
that is unlawful or prohibited by these Terms. If you violate any of
these Terms, your permission to use the MulchCentralFlorida.com Sites
automatically terminates.
3. DESCRIPTION OF SERVICES
The MulchCentralFlorida.com Sites are owned and operated
by MulchCentralFlorida.com for the purpose of software development,
discussion, implementation and innovation (the "Purpose"). The
MulchCentralFlorida.com Sites provide products and services for the
health & fitness industry, specifically the commercial indoor sunlamp
tanning industry.
4. CONTENT
All information, data, text, software, music, sound,
photographs, graphics, video, messages, or any other materials
whatsoever (collectively, "Content"), whether publicly posted or
privately transmitted, is the sole responsibility of the person from
whom such Content originated. This means that the user, and not
MulchCentralFlorida.com , is entirely responsible for all Content that
he or she uploads, posts, emails or otherwise transmits via the
MulchCentralFlorida.com Sites. No user shall transmit Content or
otherwise conduct or participate in any activities on
MulchCentralFlorida.com Sites that, in the judgment of
MulchCentralFlorida.com , is likely to be prohibited by law in any
applicable jurisdiction, including laws governing the encryption of
software, the export of technology, the transmission of obscenity, or
the permissible uses of intellectual property.
MulchCentralFlorida.com reserves
the right to refuse or delete any Content of which it becomes aware and
reasonably deems not to fulfill the Purpose. In addition,
MulchCentralFlorida.com shall have the right (but not the obligation) in
its sole discretion to refuse or delete any Content that it reasonably
considers to violate the Terms or be otherwise illegal.
MulchCentralFlorida.com , in its sole and absolute discretion, may
preserve Content and may also disclose Content if required to do so by
law or judicial or governmental mandate or as reasonably determined
useful by MulchCentralFlorida.com to protect the rights, property, or
personal safety of MulchCentralFlorida.com Sites' users and the public.
MulchCentralFlorida.com does not control the Content posted to the
MulchCentralFlorida.com Sites and, as such, does not guarantee the
accuracy, integrity or quality of such Content. Under no circumstances
will MulchCentralFlorida.com be liable in any way for any Content,
including, but not limited to, liability for any errors or omissions in
any Content or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise transmitted via
MulchCentralFlorida.com Sites.
Each user, by using
MulchCentralFlorida.com Sites, may be exposed to Content that is
offensive, indecent or objectionable. Each user must evaluate, and bear
all risks associated with the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content.
5. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE
MulchCentralFlorida.com SITES:
Use, reproduction, modification, and other intellectual
property rights to data stored on the MulchCentralFlorida.com Sites will
be subject to licensing arrangements that may be approved by
MulchCentralFlorida.com as applicable to such Content.
Content located on any
MulchCentralFlorida.com -hosted subdomain which is subject to the sole
editorial control of the owner or licensee of such subdomain, shall be
subject to the appropriate license applicable to such Content, or to
such other licensing arrangements as may be approved by
MulchCentralFlorida.com as applicable to such Content.
6. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any
commercial purposes, any portion of the MulchCentralFlorida.com Sites,
use of the MulchCentralFlorida.com Sites, or access to the
MulchCentralFlorida.com Sites.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
MulchCentralFlorida.com may establish general practices
and limits concerning use of the MulchCentralFlorida.com Sites. While
MulchCentralFlorida.com will use reasonable efforts to back up site data
and make such data available in the event of loss or deletion,
MulchCentralFlorida.com has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by any MulchCentralFlorida.com
Site. MulchCentralFlorida.com reserves the right to mark as "inactive"
and archive accounts and/or Content that are inactive for an extended
period of time. MulchCentralFlorida.com reserves the right to change
these general practices at any time, in its sole discretion, with notice
to users and the public as described in Section 1 above.
8. LINKS
MulchCentralFlorida.com , any MulchCentralFlorida.com
Site or a third party may provide links to other websites.
MulchCentralFlorida.com exercises no control whatsoever over such other
websites and web-based resources and is not responsible or liable for
the availability thereof or the Content, advertising, products or other
materials thereon. MulchCentralFlorida.com shall not be responsible or
liable, directly or indirectly, for any damage or loss incurred or
suffered by any user in connection therewith. Your access and use of
linked websites, including information, material, products and services
therein, is solely at your own risk.
The MulchCentralFlorida.com Sites' Privacy Statement is applicable only
when you are on an MulchCentralFlorida.com Site. Once you choose to link
to another website, you should read that website's privacy statement
before disclosing any personal information.
9. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless
MulchCentralFlorida.com , and its parent corporation and affiliates and
their respective officers, employees and agents, and each of
MulchCentralFlorida.com 's website partners, from any and all claims,
demands, damages, costs, and liabilities including reasonable attorneys'
fees, made by any third party due to or arising out of that user's acts
or omissions, including claims arising out of that user's use of the
MulchCentralFlorida.com Sites; his or her submission, posting or
transmission of Content or his or her violation of the Terms.
EACH USER'S USE
OF THE MulchCentralFlorida.com SITES IS AT HIS OR HER SOLE RISK. THE
MulchCentralFlorida.com SITES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND MulchCentralFlorida.com ASSUMES NO RESPONSIBILITY
FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER
COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
MulchCentralFlorida.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. SPECIFICALLY, MulchCentralFlorida.com MAKES NO
WARRANTY THAT (i) THE MulchCentralFlorida.com SITES OR ANY SERVICE
THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY
CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY
ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF
MulchCentralFlorida.com 'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,
MulchCentralFlorida.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF MulchCentralFlorida.com HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR
INABILITY TO USE ANY MulchCentralFlorida.com SITES OR SERVICES THEREON;
THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE MulchCentralFlorida.com SITES; OR ANY OTHER
MATTER RELATING TO THE MulchCentralFlorida.com SITES. IN NO EVENT SHALL
MulchCentralFlorida.com 'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR
OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP,
JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP
OF ANY KIND BETWEEN MulchCentralFlorida.com AND ANY USER OR OTHER PERSON
OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD
PARTY. AS NOTED ABOVE, MulchCentralFlorida.com DOES NOT AND CANNOT
CONTROL THE ACTIONS OF MulchCentralFlorida.com SITE USERS, VISITORS OR
LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE
THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT
GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO
MulchCentralFlorida.com SITES. OPERATION OF MulchCentralFlorida.com
SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR
CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS
REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT
SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND
LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR
INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER
ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY
OTHER COURSE OF ACTION BY MulchCentralFlorida.com .
10. COPYRIGHTS
MulchCentralFlorida.com respects the intellectual
property rights of others, and requires that the people who use the
MulchCentralFlorida.com Sites do the same. It is our policy to respond
promptly to claims of intellectual property misuse.
If you believe
that your work has been copied and is accessible on this site in a way
that constitutes copyright infringement, you may notify us by providing
our copyright agent with the following information in writing:
(1) the
electronic or physical signature of the owner of the copyright or the
person authorized to act on the owner's behalf;
(2)
identification of the copyrighted work that you claim has been
infringed;
(3)
identification of the material that is claimed to be infringing and
information reasonably sufficient to permit MulchCentralFlorida.com to
locate the material, including the full URL.
(4) your name,
address, telephone number, and email address.
(5) 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;
(6) a
statement, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or are
authorized to act on the copyright owner's behalf.
If
MulchCentralFlorida.com receives such a claim, MulchCentralFlorida.com
reserves the right to refuse or delete Content as described under
Section 5 hereto, or to terminate a user's account in accordance with
Section 9.
Our designated
agent to receive notification of claimed infringement under the Digital
Millennium Copyright Act OF 1998 ("DMCA") is Rick Houston, 400 Shearer
Blvd, Cocoa, FL 32922
After receiving
a claim of infringement, MulchCentralFlorida.com will process and
investigate notices of alleged infringement and will take appropriate
actions under the DMCA and other applicable intellectual property laws.
Upon receipt of notices complying or substantially complying with the
DMCA, MulchCentralFlorida.com will act expeditiously to remove or
disable access to any material claimed to be infringing or claimed to be
the subject of infringing activity, and will act expeditiously to remove
or disable access to any reference or link to material or activity that
is claimed to be infringing. MulchCentralFlorida.com will take
reasonable steps to expeditiously notify the subscriber that it has
removed or disabled access to such material.
Upon receipt of
a proper counter notification under the DMCA, MulchCentralFlorida.com
will promptly provide the person who provided the initial notification
of claimed infringement with a copy of the counter notification and
inform that person that it will replace the removed material or cease
disabling access to it in ten (10) to fourteen (14) business days.
Additionally, MulchCentralFlorida.com will replace the removed material
and cease disabling access to it ten (10) to fourteen (14) business days
following receipt of the counter notice, unless MulchCentralFlorida.com
's designated agent first receives notice from the person who submitted
the initial notification that such person has filed an action seeking a
court order to restrain the subscriber from engaging in infringing
activity relating to the material on the MulchCentralFlorida.com system
or network.
You may provide
us with a counter notification by providing our copyright agent the
following information in writing:
(1) your
physical or electronic signature;
(2)
identification of the material that has been removed or to which access
has been disabled, and the location at which the material appeared
before it was removed or access to it was disabled, including the full
URL;
(3) a statement
under penalty of perjury that you have a good faith belief that the
material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled;
(4) your name,
address, and telephone number, and a statement that you consent to the
jurisdiction of Federal District Court for the judicial district in
which your address is located, or if your address is outside of the
United States, for any judicial district in which
MulchCentralFlorida.com may be found and that you will accept service of
process from the person who provided the initial notification of
infringement.
14. GENERAL INFORMATION
The Terms constitute the entire agreement between each
user and MulchCentralFlorida.com and govern each user's use of
MulchCentralFlorida.com Sites, superseding any prior agreements. Each
user may be subject to additional terms and conditions that may apply
when that user uses affiliate services, third party content or third
party software. The Terms and the relationship between each user and
MulchCentralFlorida.com shall be governed by the laws of the State of
California without regard to its conflict of law provisions and each
party shall submit to the personal and exclusive jurisdiction of the
courts located within the county of Santa Clara, California . If any
provision of the Terms is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms remain in full force
and effect.
15. VIOLATIONS
Please report any violations of the Terms (except for
claims of intellectual property infringement) to the
MulchCentralFlorida.com Site Director at
jcgreenwise@att.net
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