Terms of Use Agreement

 

Read the Terms of Use Agreement Before Accessing Website.

 

Effective Date:  This Terms of Use Agreement was last updated on May 4, 2011

 

This Terms of Use Agreement sets forth the standards of use of the NoFav/CMR LLC Online Service for Registered Members. Under this agreement, NoFav/CMR LLC and its affiliates, all websites, and services will be referred to as COMPANY within this document from this point on until then end of the document. By using the COMPANY websites and any other website associated with COMPANY you, referred as the USER, within this document from this point on until the end of this document, agree to these terms and conditions. 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 all COMPANY websites and or any website affiliated with COMPANY.  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.

 

1.      Description of Service

 

COMPANY is providing Member with Online Services. 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.      Disclaimer of Warranties.

 

The site is provided by COMPANY on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, COMPANY 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.  COMPANY shall have no liability for any interruptions in the use of this Website.  COMPANY 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, and therefore the above-referenced exclusion is inapplicable.

a.       The use of the website, software, and services and any supporting equipment, software, internet access is on a “AS IS” basis and on an “AVAILABLE” basis. We hereby disclaim any liability or responsibility, arising out of the inaccuracy, illegality, and or inappropriateness of any content provided to any website or any public area, the damage, destruction or corruption of any content or other data, or the use or misuse of, or inability to use, the services by any person or entity.

 

b.      Under no circumstances we will be liable for failure or delay in connection with the services if the failure or delay is due to circumstances beyond our control including, and without limitation, acts of governmental body, war, insurrection, sabotage, hacker, embargo, fire, flood, strike or any other labor disturbance, interruptions of any kind outside our jurisdiction and control.

c.       We make no, and hereby disclaim any and all, representations and warranties, expressed or implied, of any kind or nature with respect to the services or such property, including, without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement.

d.      Neither we, your association, the association’s management company, nor any other person or entity involved in creating, producing, or delivering any of the services represents or warrants the services will be on time, uninterrupted or error free, that defects will be corrected, or that the services or the servers or other property that are used in providing the services will be free of viruses or other harmful components.

e.       We will not be held liable for any indirect, special, or consequential or exemplary damages, including but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses arising out of or related to the services even if we were aware of the possibility of such losses.

f.       You agree to indemnify and hold harmless us and our parents, subsidiaries, affiliates, officers, members, employees, and representatives from any and all claims, liability and any expenses arising out of or related to your use of the services, your breach of any provision of these terms of service, or any content posted or transmitted by you through the use of the services.

g.      Alleged copyrights, trademarks, and infringement claims will be investigated and if found in violation, we will take appropriate legal action.

h.      The terms of service in this agreement constitutes the entire agreement between you and us concerning your use of the services, the relationship between you and us, and supersedes any prior oral or written communications, representations or understandings concerning the subject matter. This agreement will be binding and any other special agreements will be in writing and signed by both parties. These terms of service, and any dispute arising pursuant to these terms of service, shall be governed by the State of Florida and Florida law.

i.         We will from time to time display advertisement and promotions on our website, and we will provide links to authorized vendors as part of our services and operations.

j.        You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

k.      Accepting the Terms. It is understood that you have read and fully understood the terms and agreement and that by clicking the button “Accept” you are here accepting the terms and continue to accept every single time you use on our website and services.

l.        You can terminate your agreement with us at anytime by notifying our support department via email support@nofav.com with your request to terminate your agreement with us by canceling your online account and removing any link to our services.

m.    You agree to indemnify, defend and hold us and its affiliates harmless from and against any and all liability and costs, including reasonable attorney’s fees incurred by such parties in connection with or arising out of your violation of these terms of services.

n.      Entire Agreement: The terms and conditions of the terms constitute the entire agreement between you and us with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either you or us arising out of fraud or fraudulent misrepresentation.

o.      We may limit, suspend, or terminate your account of the online Services, prohibit access to the Website and delete your user account and or user Id, with immediate effect, automatically and without recourse to the courts, if we think that you are in breach of the terms, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. We shall effect such termination by providing notice to you to the email address you have provided, and or by preventing your access to your user account. We reserve the right to cancel user accounts that have been inactive for more than one (1) year.

 

3.      Limitation of Liability

 

COMPANY SHALL NOT be liable for any damages whatsoever, and in particular COMPANY 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 company has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

4.      Indemnification

 

Member agrees to indemnify and hold COMPANY, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

 

5.      Members Account

 

All Members of the Service shall receive a password and an account.  Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify COMPANY of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of COMPANY.

 

a.       We may modify the contents of the website at any time without prior notice.

b.      We may refuse to provide services and access to the online software to any person or entity in our sole discretion with or without notice or cancel the membership with or without cause at any time without prior notice.

c.       Registration to our services will be at your own leisure and you agree that (a) you are at least 18 years of age or older, (b) a member in good standing of the association and that you have been authorized by the association administration party to register and use the software, (c) you have provided accurate and correct information in the registration form, (d) you will use and will not share or disclose the registration user id and password, (e) we will attempt to protect the privacy and integrity of the data collected as to the best of our abilities, (f) you agree to use the online software and services as long as you adhere to the rules and regulations published by us or your association from time to time.

d.      User will not upload, send or post unsolicited, unauthorized, advertising, promotions, chain letters, profane, defamatory, obscene, vulgar, offensive, harassing, threatening, abusive, inaccurate, illegal content material or any other material that may be offensive or damaging to others. User will not engage with other users or infringe upon any other person’s rights that violates the terms and conditions in this agreement and US law.

e.       We reserve the right to notify any law enforcement or government entity or any other party that we deem appropriate in our sole discretion, of any such unlawful activity.

f.       All patents, trademarks, trade secrets, copyright, publicity or proprietary right are protected by law and anyone uploading, posting, and or transmitting any content that infringes on it will be grounds for immediate termination of the services and or corrective action.

g.      You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. If you become aware of any unauthorized use of your password or of your account, you agree to notify COMPANY immediately at www.support@nofav.com.

h.      Users will not commit acts of destructive behavior and will not distribute any internet virus or spyware, or any other destructive material or activity designed to damage, interfere with the operation of networks, servers, databases, software, and any material belonging to company. In addition, users will not attempt to access another person’s entity, accounts, websites, networks, servers, databases, equipment or any systems without proper authorization.

i.        Performance and access to the online services may fluctuate from time to time based on outside forces not in control of company, and sometimes changes to the service, bandwidth, processing speed and power, any other that may be applicable to maintaining and operating the system with or without prior notice to you the user.

j.        We do not make it our business to monitor online content, however, we reserve the right to determine in our sole discretion what is and what is not acceptable content in any of our websites or service provider and in any form of communication that is directly related to our company to be displayed, transmitted, copied, downloaded or uploaded. Any user found in violation will be removed from the system with or without notice and if we deem appropriate we will notify law enforcement or any governmental institution that has jurisdiction.

k.      We respect and make every effort to protect the privacy and security of your personal identifiable information such as your name, street address, email, phone number, birth date, credit card number and similar information and that we collect during your registration to the online services, however, we cannot state that your data will be protected one hundred percent of the time. There are internal and external forces outside of our control that may gain access to your personal information. Other personal identifiable information about you may be provided to use by your association or management company that may assist us in validating your account information.

l.        The information stored in our system belongs to the end user and us and which includes, but not limited to, text, music, sound, photographs, video, designs, graphics, and any other electronic data residing in our system.

 

6.      Modifications and Interruption to Service

 

COMPANY reserves the right to modify or discontinue the Service with or without notice to the Member. COMPANY shall not be liable to Member or any third party should COMPANY exercise its right to modify or discontinue the Service. Member acknowledges and accepts that COMPANY does not guarantee continuous, uninterrupted or secure access to our website and operation of our 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.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party 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. We encourage all Members to review said privacy policies of third-parties’ sites.

 

8.      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 COMPANY 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.

 

COMPANY 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.

 

9.      Governing Jurisdiction of the Courts of Florida

 

Our website is operated and provided in the State of Florida.  As such, we are subject to the laws of the State of Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Florida. 

 

10.  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.

 

 

 

11.  Copyright and Trademark Information

 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008, COMPANY websites, and any other website belonging or associated with COMPANY, all rights reserved, or is the property of COMPANY and/or third parties protected by intellectual property rights.  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 COMPANY 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 COMPANY.

 

COMPANY ™ websites and all belonging or associated with COMPANY are proprietary marks of COMPANY trademarks may not be used in connection with any product or service that is not provided by COMPANY, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits COMPANY.

 

All other trademarks displayed on COMPANY’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 COMPANY.

 

12.  Notification of Claimed Copyright Infringement

 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, COMPANY’s websites and all other websites belonging to or associated with COMPANY designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

 

By Mail:

 

Nofav/CMR LLC

Terms Agreement Representative

P.O. Box 781334 Orlando FL 32878-1334

By Telephone: 321-276-9706

By Email: support@nofav.com

 

13.  Botnets

 

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

 

14.  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 COMPANY, 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.  Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.