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Terms of Use
By
using our Pennington Paul and Gilliam Site, you agree to all terms,
conditions and notices contained or referenced herein ("Terms"). We
reserve the right, at our sole discretion, to change the Terms at any
time. By using our Site after changes have been made to these Terms, you
agree to the changes. Please check these Terms periodically for changes.
2.
License and Proprietary Rights
We grant you a limited license to make personal use only of our Site.
Such grant does not include, without limitation: (a) any commercial use
of the Site or content therein; (b) derivative uses of our Site and its
contents; (c) use of any data mining, robots or similar data gathering
and extraction methods or (d) reproduction, copying or redistribution
for commercial purposes of any materials or design elements of our Site.
Except as noted above, you are not conveyed any right or license by
implication, stopple or otherwise in or under any patent, trademark,
copyright or proprietary right of our Company or any third party. Use of
the content or materials for any purpose not expressly permitted in
these Terms is prohibited. We reserve the right, without notice and in
our sole discretion, to terminate your license to use our Site and to
block or prevent future access to and use of our Site.
3.
Third-Party Web Sites
Our Site may provide links to third-party Web sites or resources. These
other sites are not under our control. You acknowledge and agree that we
are not responsible or liable for the availability, accuracy, legality,
decency or any other aspect of the content of such site or resources.
The inclusion of such a link does not constitute an endorsement by or
imply an affiliation with our Company. You further acknowledge and agree
that we are not responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on
or through any such site or resource. In addition, because such sites or
resources are not governed by our Terms, we encourage you to review the
terms applicable to such sites or resources.
4.
Disclaimers of Warranties
YOU AGREE THAT TO THE EXTENT PERMITTED BY LAW:
(a)
OUR SITE, AND ITS CONTENTS AND SERVICES PROVIDED THEREIN ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b)
WE MAKE NO WARRANTY THAT (i) THE FUNCTION OF AND SERVICES PROVIDED ON
OUR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE (ii) DEFECTS WILL
BE CORRECTED OR (iii) OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
(c)
WE MAKE NO WARRANTY REGARDING THE ACCURACY, INTEGRITY, QUALITY,
COMPLETENESS, RELIABILITY OF THE CONTENT OR RESULTS OF THE SERVICES IN
OUR SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT
OR RESULTS WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR
OBJECTIONABLE. WE DO NOT NECESSARILY ENDORSE THE OPINIONS, IF ANY, SET
FORTH IN THE CONTENT ON OUR SITE. IT MAY BE ADVISABLE TO ALSO SEEK
PROFESSIONAL ADVICE AND OPINIONS, AS APPROPRIATE.
(d)
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
5.
Limitation of Liability
To the extent permitted by law, in no event shall we be liable for any
direct, indirect, consequential, incidental, special, exemplary or any
other damages of any kind arising out of or in any way connected with
the use of our Site or the content or materials contained in or accessed
through our Site or any other linked site, even if we are advised of the
possibility of such damages. Your sole remedy is to discontinue your use
of our Site.
6.
Privacy
Your privacy is important to us. All information gathered by us from you
in connection with your use of our Site will be governed by our Privacy
Policy posted on our Site. We do not control the privacy policies of
those sites to which we link and, therefore, we encourage you to review
the privacy policies of those sites.
7.
Indemnity
You agree to indemnify and hold harmless our Company and its affiliates,
officers, directors, agents, co-branders or other partners, employees
and contractors from all liabilities, claims, demands and expenses,
including attorney's fees, arising from your use or misuse of our Site,
your violation of the Terms or your violation of any rights of another.
8.
General Information
These Terms constitute the entire agreement between you and us and
govern your use of our Site, superseding any prior agreements between
you and us. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third- party content or
third-party software. These Terms and the relationship between you and
us will be governed by the laws of the State of Florida without regard
to its conflict of law provisions. The parties agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Pinellas, Florida. Our failure to exercise or enforce any
right or provision of these Terms will not constitute a waiver of such
right or provision. If any provision of these Terms is found invalid or
unenforceable, that provision will be enforced to the maximum extent
possible and the remaining provisions of these Terms will remain in full
force and effect.
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