Website Utilization Terms and Conditions
By viewing the pages within the website of Contagious Companies, Inc, you, on behalf of yourself and your affiliated business entities (collectively "You" and "Your"), agree that the terms and conditions set forth below (the "Terms and Conditions"), including, but not limited to, the venue, choice of law, LIMITATIONS OF LIABILITY AND LIMITATIONS OF WARRANTY provisions below, will govern Your access to and use of: (A) the website(s) (the "Website") owned or operated by Monica Wofford International, Inc., a Florida corporation ("We," "Us" and the "We"), and its parents, subsidiaries and related companies; (B) the information and digital media and other files (collectively "Content") You receive from or provide to the Website from time to time; and (C) the Services (as defined below) we provide to You.
You may only utilize the Services in those jurisdictions where these Terms and Condition will be applicable and govern the relationship between You and Us.
We receive, develop and publish Content, host the Content on the Website and provide access to the Content via the Website.
In exchange for the amounts payable by You to Us and on and in accordance with these Terms and Conditions, for so long as You remain in compliance with the provisions of these Terms and Conditions (the "Term"), We will permit You to have access to Content that may be available, from time to time, on the Website and provide such other services as we may determine, from time to time (the "Services"). We may, at Our option and without notice to You, from time to time, terminate or modify the Services, Your ability to Utilize the Services or remove all or any part of the Content. You are responsible for providing all of the hardware and software necessary to utilize the Services and read and review the Content.
The Fee for the Services ("Fee") is set forth on the payment page of this Website. We will automatically charge, and You authorize us to charge, the credit or debit card (the "Credit Card") You provided to Us on the payment page and any additional Credit Card(s) You may provide in the future. Such charge will be for the Fees and other amounts due Us and will occur each month or each year (based the interval you selected on the payment page) on or after the same day of the month or year that You agreed to these Terms and Conditions.
If the transaction is returned by Your bank or the Credit Card charge is rejected for any reason: Your payment will be reversed by Us; We will charge Your account a fee of $35.00 per returned, rejected or declined transaction; We will notify You by e-mail; We may, at Our sole option, terminate Your ability to utilize the Services; and all amounts due and unpaid shall bear interest from the date due until paid at the lesser of 1.5% per month or the highest rate permitted by applicable law. All such charges are subject to change without notice. You agree that We are not responsible for incorrect charges to any Credit Card or debits to any bank account, unless You notify We in writing within 60 days of the date a disputed charge first appears on Your bill, in which case We will correct any erroneous charges.
We are not responsible for bank or other fees.
We grant You a revocable license for the Term to view the Content as part of your utilization of the Services on one computer for Your personal and internal business use. You may not copy, modify, license, re-publish, re-purpose, perform or redistribute the Content, in whole or in part, or provide third parties with access to, or use of, the Content.
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e have not and will not verify that any or all of the Content can be used in any particular practice or jurisdiction, and You agree that You will be solely responsible for determining whether the utilization of the matters set forth in the Content is appropriate for You and is permitted in accordance with the laws, rules and regulations applicable to You and your business or businesses.
COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY PERSON CLAIMING BY OR THROUGH YOU FOR ANY CLAIM, WHETHER BASED IN TORT, STRICT LIABILITY OR NEGLIGENCE SHALL BE THE ACTUAL FEES PAID BY YOU FOR THE SERVICES FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM. YOU HEREBY WAIVE ALL CLAIMS FOR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUES, AND OTHER PERSONAL AND ECONOMIC DAMAGES, THAT ARE OR MAY BE IN EXCESS OF THE FOREGOING AMOUNT.
You agree to indemnify and hold Us and our officers, directors, managers, employees, agents, parents, subsidiaries and sister companies, and their respective officers, directors, managers, employees, agents, members and shareholders harmless from any and all liabilities, costs, damages, obligations and expenses (including reasonable attorney's fees and court costs) that any of them, individually or collectively, suffers or incurs as a result of your breach of any covenant, warranty or representation in these Terms and Conditions.
If you have a complaint about the Content, Your sole remedy will be for you to terminate Your utilization of the Services. You may, at Your option, provide Us with notice of Your complaint in accordance with the procedures we may post, from time to time, on the Website. We will review any complaints You provide and take the action We, in our sole discretion, believe is appropriate. You have no right to require Us to take any action with respect to Content.
Except for claims made by Us which concern intellectual property infringement or which seek injunctive relief, any dispute, legal proceeding, mediation, arbitration or lawsuit between You and Us (a "Dispute"), including without limitation, those concerning any of the Services, the Content or our relationship, shall be determined in accordance with Florida law, without giving effect to its conflict of laws principles. Except for unaffiliated third party actions, exclusive venue for any Dispute shall be the state and federal courts with jurisdiction in Orange County, Florida. You hereby waive all defenses based on venue, the inconvenience of the forum, and lack of personal jurisdiction in any Dispute brought in Orange County, Florida. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ALL OF THEIR RIGHTS TO A TRIAL BY JURY ON ANY AND ALL ISSUES PERTAINING TO OR ARISING OUT OF THIS AGREEMENT AND THE MATTERS SET FORTH HEREIN.
These Terms and Conditions set forth the entire understanding of the parties concerning the subject matter hereof and incorporate all prior negotiations and understandings. There are no covenants, promises, agreements, conditions or understandings, either oral or written, between them relating to the subject matter of these Terms and Conditions other than those set forth herein. These Terms and Conditions may be modified, supplemented or replaced by Us, from time to time, and Your utilization of the Services after posting of the modified, supplemented or replacement Terms and Conditions on the Website constitutes Your acceptance of the modified, supplemented or replaced Terms and Conditions. If You object prior to such utilization, We have the option to: terminate rendering the Services to You and refund You the unused balance of Your Fees; or continue rendering the Services under the prior version of such Terms and Conditions. Other than as set forth in the preceding sentences, no alteration, amendment, change or addition to these Terms and Conditions shall be binding upon Us unless such alteration, amendment, change or addition is in writing and signed by Our authorized representative.
No claim that either of You or We have waived any provision of these Terms and Conditions shall be valid unless the waiver is in writing and signed by the waiving party. A written waiver shall only apply to a particular instance. All communications, notices, demands and requests to be given under these Terms and Conditions shall be in writing and, for notices by Us to Your, shall have been properly given the next business day after We post such notice on the Website or, at our option, transmit an e-mail containing such notice to You to the e-mail address for You in Our records. The address for Us shall be that set forth on the "Contact Us" page of the Website. The invalidity or unenforceability of a particular provision of these Terms shall not affect the other provisions hereof, and these Terms shall be construed in all respects as if such invalid or unenforceable provisions were omitted.