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Terms of Use Agreement and Disclaimer

 

Read This Terms of Use Agreement Before Accessing Website.

 

Effective Date:  This Terms of Use Agreement was last updated on 10/31/06.

 

This Terms of Use Agreement sets forth the standards of use of the Proud To Live In America Inc. (“PTLIA”) Online Service (PTLIA”PTLIA”). By using the Proud To Live In America Inc./PTLIA.com website you (the “Member” or alternatively “you”) agree to these terms and conditions and the PTLIA Privacy Policy.  You also agree to accept notices electronically. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at Proud To Live In America Inc./PTLIA.com website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.  You can not use or sign up for any PTLIA website until you have accepted these terms.

 

1.      Description of Service

 

Proud To Live In America Inc. is providing Member with information in the website that is for educational purposes only, may not reflect current legal developments and does not constitute legal advice. Even though care has been taken in an attempt to provide current and accurate information, the information and principles presented on this web site may vary depending on state, local and federal laws, regulations and court cases. You should is encouraged to seek and consult professional legal counsel in their state with regard to the application of any points of law or any other matter mentioned or discussed on this web site with regard to any specific problem, legal issue or decision before acting on any information. 

 

Additionally the Member must provide (1)  all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

 

2.      Permitted Uses And Restrictions Of The Site

 

You are granted a revocable license that is non trans-transferable and non exclusive to access and use the Web site strictly in accordance with this agreement and these conditions of use; (a) to use this Web Site strictly and solely for personal, internal and non-commercial purposes; and (b) to print out discrete information and search results from the Web Site and all its directories solely for internal, personal, non-commercial purposes and that you maintain all copyright and other notices contained therein. You may not print, copy, display, republish, distribute, transmit, rent, sell, lease, loan or make available by any means or in any form all or any portion of the Web Site, the Directories that appear on the Web site, or any other materials or information retrieved therefrom. You may not (c) use any materials from the Web Site or any Directories that appear on or within the Web Site to develop or as a component of, any information, storage and retrieval system, database, information base, or similar resource ( in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, rental, lease, subscription, or any other commercial distribution mechanism; (d) create compilations or derivative works of any Content from the Web Site or any Directories that appear on or within the Web site; (e) use any Content or Directories from the Web Site in any manner that may infringe any copyright, proprietary right, intellectual property right, or property right of us or any third parties; (f) remove, obscure or change any copyright notice or other proprietary notice or terms of use contained in the Web Site Site; (g) make available any portion of the Site through any service bureau, timesharing system, the Internet or any other technology now existing or developed in the future; (h) decompile, remove, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (i) use any manual or automatic process to harvest information from the Site; and (j) use the Site, or its Directories in any manner that violates any federal or state law; (k) export or re-export the Web Site or any portion thereof, or any software available on or through the Web Site, in violation of the regulations and export control laws of the United States. Under no circumstances or event may any entity or person create a directory of law firms, lawyers, paralegals, language schools, vocational schools, employment agencies, or any other directory contained on or within the Web Site  through this Web Site or with data retrieved from this Web Site. No print out or electronic version of any part of the Web Site, its Directories or its contents may be used by you in any litigation or arbitration matter whatsoever under any conditions.

 

3.      Directory Listings

 

This Website contains searchable directories of trade schools, language schools, employment agencies, lawyers/law firms, paralegals, jobs, etc (hereafter referred to as “Listees”). Information in and for our Directories is provided by the Listee. PTLIA., PTLIAdoes not guarantee the quality of work or service  of the Listees nor does it warrant the validity of the information provided by the Listee. The Member should not base decisions solely upon listings or a Listees self proclaimed areas of practice, product, service, etc.. Content of the listing that are provide by the Listees or any links to the Web Site are not reviewed by the PTLIA. PTLIA is not responsible for any information or material contained in the linked sites or provided by Listees. Users of the Web Site are encouraged to make their own evaluation and independent investigation of any Listee they may consider hiring for legal advise or any other service.

 

4.      Disclaimer of Warranties.

 

The site and its contents are provided by PTLIA. on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, PTLIA. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. PTLIA. ( the PTLIA) does not guarantee or warrant that the Web Site will be free of viruses, error free content or that errors or defects will be corrected. PTLIA does not guarantee the completeness, accuracy, or adequacy of the information contained in the Web Site or linked to the Web Site. PTLIA does not guarantee, represent or warrant that information available through or on the Web Site will be timely, correct, accurate or otherwise reliable. Information made available through or contained on the Web Site is not intended to and does not constitute legal advice, counseling or recommendations under any circumstance and no attorney- client relationship is intended or formed. PTLIA. disclaims all responsibility for any claim loss, injury, liability , or damage of any kind resulting from or arising out of or in any way related to any omissions or errors from this site and its content, including but not limited to typographical errors, foreign language translations, technical inaccuracies, completeness, timelines or security of content, results obtained, information or services provided on or through the use of the web site, your use of this website, or any third party websites or content accessed directly or indirectly through links in this site. PTLIA. shall have no liability for any interruptions in the use of this Website.  PTLIA. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. Use of this site and its content is at your own risk. You agree/acknowledge that the exclusions and limitations of warranty and liability provided in these Terms of Use are reasonable and fair,

 

5.      Limitation of Liability and or Damages

 

PTLIA. SHALL NOT be liable for any LOSS, INJURY,CLAIM, LIABILITY,OR ANY damages OF ANY KIND RESULTING FROM THE USE OF THE WEB SITE, YOUR PARTICIPATION IN CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS and in particular PTLIA. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if PTLIA. has been advised of the possibility of such damages. PTLIA. SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS (100.00) SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS May Be INAPPLICABLE.

 

 

 

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6.      Modifications and Interruption to Service

 

PTLIA. reserves the right to modify or discontinue the Service with or without notice to the Member. PTLIA. shall not be liable to Member or any third party should PTLIA. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that PTLIA. does not guarantee continuous, uninterrupted or secure access to the PTLIA website and operation of the website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

7.      Third-Party Sites

 

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. The links and information provided by PTLIA and all its entities are for information purposes only  and Member acknowledges that PTLIA and its entities maintains no control over the accuracy of information, quality of service or operation of any Third Party  website or information they have submitted for inclusion on such Web Site. Links to Third Parties  in the database or appearing on our websites should in no way be interpreted as an endorsement of such Third party  or any services or information provided thereby. Any purchases of goods or services from Third party  are at your sole risk and under no circumstances shall PTLIA. or its websites be liable for any damages arising from transactions between you and Third Party  or for any information or materials that appear on Third party  websites. If you decide to access any Third party  Website, you do this entirely at you/the members own risk. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. PTLIA is not responsible nor assumes any liability for any mistakes, misstatements of law, omissions, obscenity, defamation, falsehood, pornography, opinions, information, quality of services, representations or any form of content that appears or is contained in any third party content appearing on the web site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. You realize and understand that the opinions and information in third party content solely represent the thoughts of the author and are not endorsed or reflect the belief of PTLIA. We encourage all Members to review said privacy policies of third-parties’ sites.

 

8.      Indemnification

 

You agree to indemnify, defend and hold harmless PTLIA., and its subsidiaries, officers, agents, affiliates, partners, information providers, employees,  directors, owners, shareholders, licensors, co-branders or other partners harmless ( collectively, the PTLIA Parties) from and against any and all liability, costs, losses, expenses ( including attorneys fees, legal fees or any other related costs, fees or expenses), damages, penalties, settlements, fines, costs or expenses, incurred by any PTLIA Party in connection with any claim, including, but not limited to , violation of rights of publicity/ privacy, trademark infringement or copyright infringement arising from or relating to your use of our Web Sites,, your violation of these Terms and Conditions of Use, your violation of the rights of any other person, entity or third party and your connection to our sites, You are solely responsible for all materials, e-mails, any messages, content or other information you provide, transmit, upload, download to or from the Web Site. We reserve the right, at your own expense, to assume the exclusive defense and control of any and all matters for which you are required to indemnify us.

 

9.  Disclaimer Regarding Accuracy of Vendor Information

 

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While PTLIA. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

 

PTLIA)  makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. PTLIA only provides information for educational purposes only and it is not a referral service for any law firm, lawyer, language school, employment agency, employer, trade school, paralegal, or any other directory Listee or advertiser. Subsequently any arrangements made by you with any  entity or individual mentioned or appearing on this Web site is strictly between you and such party and do not involve PTLIA in any way.

 

 

10.  Governing Law, Jurisdiction and Non wavier

 

Our website is operated and provided in the State of Florida. As such, we are subject to the laws of the State Florida and such laws will govern this Terms of Use, without giving effect to any choice of law rules. Any action relating to or arising out of these terms shall be filed only in federal or state courts located in Broward County, Florida and Member hereby submits and consent to the personal and subject matter jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights shall not constitute a waiver of terms or conditions of these Terms and Conditions of Use. We make no representation that our website or other services are appropriate, legal or available for use in other locations.  . 

 

11.  Compliance with Laws.

 

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

12.  Copyright and Trademark Information

 

As between PTLIA and Member all content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof are the property of PTLIA which is the owner of all copyrights therein , with all rights reserved  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PTLIA. is strictly prohibited.  Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PTLIA. .

 

Proud To Live In America IncSM and PTLIASM are proprietary marks of PTLIA. PTLIA.’s trademarks may not be used in connection with any product or service that is not provided by PTLIA., or in any other manner that is not expressly authorized by PTLIA in writing. PTLIA.

 

All other trademarks displayed on PTLIA.’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with PTLIA.

 

13.  License  of Content to PTLIA

 

By submitting any materials or uploading content for use on the Web Site you grant PTLIA a irrevocable, perpetual, royalty-free, non-exclusive license and right to reproduce, modify, adapt, use, translate, publish, create derivative works from, and distribute such materials or incorporate such materials into any form, technology or medium now known or later developed throughout the universe.

 

14.  Notification of Claimed Copyright Infringement

 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PTLIA. reserves the right to remove any links or content that allegedly infringe another entities or persons copyright. For receipt of notifications of claimed copyright infringement contact PTLIA at publisher@ptlia.com.

 

15.  Linking to the Web Site

 

If you or any entity wishes to provide links to the Web Site, said links may only be to the homepage, and without framing, under the provision that you or any entity does not obscure or remove, through any available means the copyright notice, advertisements or any other notices on the Web Site. In addition PTLIA must receive notice of such link by receiving an email from you or any entity. This email must be sent to publisher@ptlia.com. Additionally, you or any entity must immediately discontinue providing links to this Web Site  upon request by the PTLIA.

 

16.  Botnets

 

PTLIA. retains the right, at our sole discretion, to terminate any accounts involved with viruses, Trojan horses, spyware and botnets and related activities. If any hostnames are used as command and control points for botnets, PTLIA. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

17.  Other Terms

 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by PTLIA., in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. 

 






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