1. Agreement. This Agreement specifies the terms and conditions for access to and use of the Company Website and describe the terms and conditions applicable to your access of and use of the Company Website. This Agreement may be modified at any time by Southeast Dealer Services (the “Company”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. All content included on the Company Website is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Company Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Company Website.
4. Intended Audience. The Company Website is intended for adults only. The Company Website is not intended for any children under the age of 13. If you are younger than 13 years of age, do not use the Company Website for any purpose.
5. Website Use. The Company grants you a limited, revocable, nonexclusive license to use the Company Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Company Website, reverse engineer or break into the Company Website, or use materials, products, or services in violation of any law. The use of the Company Website is at the discretion of the Company and the Company may terminate your use of the Company Website at any time.
6. Compliance with Laws. You must abide by all Federal, State, and local laws. If you are outside the United States, you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
7. Indemnification. You agree to indemnify, defend, and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, owners, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold the Indemnified Parties harmless from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from the Company Website.
8. Disclaimer. THE INFORMATION ON THE COMPANY WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE COMPANY WEBSITE IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE COMPANY WEBSITE.
9. Limitation of Liability. THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, DIRECTORS AND CONTRACTORS (“LIMITED PARTY” OR “LIMITED PARTIES”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF A LIMITED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR A LIMITED PARTY WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE LIMITED PARTIES REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES, IF APPLICABLE.
11. Applicable Law; Governing Law; Venue; Actions. If there is any dispute about or involving the Company Website or the Agreement, you agree that any dispute shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Palm Beach County, Florida.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COMPANY WEBSITE, ANY SERVICE PROVIDED BY THE COMPANY WEBSITE, OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
12. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
13. Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
14. Termination. The Company may terminate this Agreement at any time, with or without notice, for any reason.
15. Relationship of the Parties. Nothing contained in this Agreement, or your use of the Company Website, shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.