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TERMS OF SERVICE AND ACCEPTED USE OF COMMANDING VIEW, INC. |
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These Terms of Service and Accepted Use (hereinafter referred to as the “Terms of
Use") explain the agreement between Commanding View, Inc., a Florida corporation
having its principal place of business in Clearwater, Florida (hereinafter referred
to as "Commanding View”) and you. By clicking the “I AGREE” checkbox at the end
of the electronic version of these Terms of Use or by using the www.linktoexpert.com Web portal (the “Web portal”),
or by using any of the services provided on the Web portal, you agree to be governed
by these Terms of Use and represent and warrant that you can legally be bound by
these Terms of Use. These Terms of Use govern your use of the Web portal and transactions
conducted through the Web portal. If you have any questions about these Terms of
Use, please call us at (727) 791-7338 or contact info@linktoexpert.com.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
Commanding View, Inc. and you contained herein, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Commanding View and
you, intending to be bound, hereby agree as follows:
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1. ENTIRE AGREEMENT.
These Terms of Use, along with Commanding View’s Privacy Policy (the “Privacy Policy”)
constitute your entire agreement with Commanding View with respect to your use of
the Web portal. These Terms of Use may be amended or modified from time to time,
in the sole discretion of Commanding View. A current version of the Terms of Use
is available for your review at
www.linktoexpert.com/term.of.use.aspx. A current version of the
Privacy Policy is available for your review at www.linktoexpert.com/Privacy_Policy.aspx.
Your use of the Web portal after a change in the Terms of Use shall constitute acceptance
by you of the amended or modified Terms of Use. If you do not agree to be bound
by the amended or modified Terms of Use, you must immediately discontinue your use
of the Web portal.
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2. YOUR USE OF THE WEB PORTAL AND ITS SERVICES.
Any user identification ("User ID") and password, and any authorization codes or
similar verification identifiers provided to you by Commanding View should be maintained
as confidential and should not be distributed or disclosed to third parties. If
you permit others to use the Web portal and the services provided therein by utilizing
your computer system, your password, or your User ID, you acknowledge and agree
that you are responsible for the conduct of those who use the Web portal and the
services provided therein by utilizing your computer system, your password, or your
User ID, and you acknowledge and agree that you are responsible for ensuring that
those who use the Web portal and the services provided therein utilizing your computer
system, your password, or your User ID shall use the Web portal and the services
provided therein in accordance with these Terms of Use. You acknowledge and agree
that you will take any and all appropriate measures to ensure that the Web portal
and the services provided therein are not used by anyone without your consent by
utilizing your computer system, your password, or your User ID. You acknowledge
and agree that any actual, attempted or indirect violation of these Terms of Use
by others while utilizing your computer system, your password, or your User ID shall
be considered to be a violation of these Terms of Use by you. It is your responsibility
to notify Commanding View if you need to change or discontinue your User ID and
password and/or authorization codes, if applicable. You may only do so by providing
Commanding View with written notice pursuant to Section 15 herein, or by contacting
Commanding View at
info@linktoexpert.com.
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3. WEB PORTAL INTENDED FOR USERS OVER THE AGE OF 13.
You acknowledge and agree that the Web portal and the services provided therein
are not intended for users under the age of 13, and Commanding View does not knowingly
collect personally identifiable information from users under the age of 13. Such
users are expressly prohibited from submitting their personally identifiable information
to Commanding View, any information submitted by such users will not knowingly be
used, posted, or retained by Commanding View. You represent and warrant that you
are at least 13 years of age and you acknowledge and agree that Commanding View
is entitled to rely upon that representation. You acknowledge and agree that, in
the event that you permit anyone under the age of 13 to use the Web portal and the
services provided therein by utilizing your computer system, your password, or your
User ID, you are solely responsible for such use.
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4. PRIVACY AND CONFIDENTIALITY.
Your use of the Web portal and the services provided therein is governed by these
Terms of Use and the Privacy Policy, the latter of which is available for your review
at www.linktoexpert.com/privacy_policy.aspx.
It is your responsibility to review the Privacy Policy, which is incorporated by
reference into these Terms of Use in its entirety. If at any time you are not in
compliance with these Terms of Use or the Privacy Policy, Commanding View has the
right to terminate your right to use and access the Web portal.
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5. SECURITY OF YOUR SYSTEM.
You acknowledge and agree that you are solely responsible for the security of any
computer system or other device(s) with which you connect to the Web portal, and
any data, programs, files, or information stored on such devices. You acknowledge
and agree that Commanding View is not responsible for any unauthorized access to
the data, files, transmissions, or communications sent to or from you or for unauthorized
access to your computer system, or the data, programs, files, or information contained
on your computer system while using the Web portal. You acknowledge and agree that
you are responsible for taking any and all appropriate measures to ensure the security
of your computer system(s) to prevent unauthorized access to it by others and to
prevent infection of your computer from viruses and spyware, including installing
and maintaining up-to-date anti-virus and anti-spyware software on your computer.
You acknowledge and agree that Commanding View is not responsible for any virus
or spyware that gains access to your computer while using the Web portal, or any
damage resulting such virus or spyware. You acknowledge and agree that, in the event
that your computer becomes infected with any virus that, in Commanding View’s sole
discretion, may harm the Web portal, Commanding View may immediately suspend or
terminate access by you to the Web portal with or without notice to you.
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6. THIRD PARTY SERVICES, PRODUCTS, INFORMATION, CONTENT, AND/OR ACTIONS.
The Web portal may contain links to Web sites that are owned, operated, or controlled
by persons other than Commanding View. You acknowledge and agree that while Commanding
View may provide links to various Web sites, Commanding View is not responsible
for and does not control the services or products offered by others on such Web
sites. You acknowledge and agree Commanding View has not reviewed and does not make
any commitment to review, monitor, or filter the information or content of all Web
sites you visit or link to from the Web portal and is not responsible for the information,
content, or actions of any other Web sites you visit or link to while using the
Web portal. You acknowledge and agree that Commanding View does not endorse or otherwise
vouch for any service, product, information, program, data, or content sent, accessed,
offered, advertised or otherwise made available to you by any third party from any
link from the Web portal. Such content may include profane, obscene, indecent, disturbing,
illegal, infringing, scandalous, outrageous, offensive, defamatory, abusive, harassing,
or hateful or other material you may find problematic. YOU ACKNOWLEDGE AND AGREE
THAT COMMANDING VIEW IS NOT RESPONSIBLE FOR ANY SUCH CONTENT. YOU ACKNOWLEDGE AND
AGREE THAT YOUR LINKING TO ANY SERVICE OR WEB SITE FROM THE WEB PORTAL IS AT YOUR
SOLE RISK AND PERIL.
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7. INFORMATION POSTED ON THE WEB PORTAL.
You are solely responsible for information that you post on the Web portal, including
but not limited to any posting or listing in any public message area or through
any electronic mail feature. You acknowledge and agree that you are responsible
for ensuring that any material you publish using the Web portal including, but not
limited to, text, photographs, video, sound recordings, logos, slogans, or other
artistic expression, does not violate the copyright, trademark, trade dress, trade
secret or any other personal, proprietary, or intellectual property rights of any
third party, or that any such material is published with the written permission
of the owner(s) of such rights. You grant Commanding View a non-exclusive, worldwide,
perpetual, royalty free, irrevocable right to exercise all copyright and publicity
rights with respect to any information that you post on the Web portal. Your information
must not: (a) infringe any third party's rights, including but not limited to intellectual
property, publicity or privacy; (b) be defamatory, trade libelous, threatening or
harassing; nor (c) be obscene, indecent or contain pornography. Commanding View
does not endorse any information posted by users and Commanding View is not liable
for any such information posted on its Web portal, including but not limited to
any information posted about you. Commanding View reserves the right to take any
action with respect to information posted on its Web portal that Commanding View
believes is appropriate in Commanding View’s sole discretion with respect to such
information, including but not limited to termination of this Agreement. Commanding
View, however, does not and cannot control the information provided by you, other
users, or third parties who provide content that is made available through the Web
portal. By its very nature, the information content provider by such third parties
may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively
labeled. Information on the Web portal is provided "AS IS" and may contain technical
inaccuracies or typographical errors.
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8. PROHIBITED ACTIVITY.
You acknowledge and agree that you will not use the Web portal and the services
provided therein for any of the following prohibited activities:
(a) attempting to or achieving, or assisting others to attempt or achieve, unauthorized
access to any computer, system, or network not owned, controlled, or expressly permitted
to be accessed by you;
(b) Attempting to or achieving, or assisting others to attempt or achieve, unauthorized
access to Commanding View’s servers by any means;
(c) disrupting, modifying, impeding, or interfering in any way with the operation
of the Web portal and the services provided therein, or disrupting, modifying, impeding,
or interfering with others' use of the Web portal and the services provided therein,
whether or not you intended to cause such disruption, modification, impediment,
or interference, including, but not limited to, altering or tampering with any information,
content, or materials on or associated with the Web portal and the services provided
therein or sending excessive data transfers such as bulk e-mail or unsolicited commercial
e-mail (spam);
(d) disseminating any virus, spyware, or virus harmful to the operation the Web
portal and the services provided therein, or the operation of any computer, system,
or network not owned, controlled, or expressly permitted to be accessed by you;
(e) engaging in commercial or other unauthorized use, by publication, re-transmission,
distribution, performance, caching, or otherwise, of material obtained through the
Web portal and the services provided therein, except as permitted by the Copyright
Act or other law or as expressly permitted by this Agreement, or in another writing
signed by the appropriate representative of the City;
(f) Publishing any material that is encrypted, constitutes junk mail, unsolicited
commercial e-mail (spam), or unauthorized advertising, or invades the privacy of
anyone;
(g) Publishing any profane, obscene, indecent, disturbing, illegal, infringing,
scandalous, outrageous, offensive, defamatory, abusive, harassing, or hateful language
or material;
(h) Posting or transmitting child pornography;
(i) Sending to a minor, obtaining from a minor, or obtaining access for a minor
of any material that is harmful to a minor;
(j) publishing any material encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or that otherwise would violate any local,
state, federal or international law, treaty, or regulation; and/or
(k) Conducting any other activity that would constitute a criminal offense, give
rise to civil liability, or that otherwise would violate any local, state, federal,
international law or treaty, ore regulation, or is potentially harmful to others,
potentially harmful to Commanding View, including its reputation and operations,
or may expose Commanding View to liability.
You acknowledge and agree to use the Web portal and the services provided therein
only for lawful purposes and you acknowledge and agree that your failure to do so
may subject you to civil and criminal liability. You acknowledge and agree that
engaging in any of the foregoing activities may result in the termination of your
use of or access to the Web portal and the services provided therein. You acknowledge
and agree that Commanding View reserves the right in its sole discretion to determine
what is potentially harmful to others, potentially harmful to Commanding View, including
its reputation and operations, or may expose Commanding View to liability.
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9. ENFORCEMENT OF TERMS OF USE.
As a condition of your use of the Web portal and the services provided therein,
you acknowledge and agree to use Web portal and the services provided therein in
accordance with these Terms of Use. You acknowledge and agree that Commanding View
has the right to enforce these Terms of Use in its sole discretion. In the event
of a violation by you, Commanding View may, singly or in any combination, issue
a warning for the violation, suspend or terminate your use and access to the Web
portal and the services provided therein, remove posted content, or take any other
action that, Commanding View, deems appropriate, and Commanding View has no obligation
to notify you prior to taking any such actions. You acknowledge and agree that any
attempted or indirect violation of these Terms of Use shall be considered to be
a violation of the Terms of Use. Violations of these Terms of Use may result in
criminal or civil liability or both. Commanding View may investigate incidents involving
such violations and will cooperate with law enforcement agencies regarding such
investigations. Commanding View reserves the right, but has no obligation, to monitor
compliance with and investigate violations of these Terms of Use. You acknowledge
and agree that Commanding View shall not be liable to you for any of its actions
taken to enforce these Terms of Use.
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10. TERM AND TERMINATION.
You acknowledge and agree that Commanding View, Inc. reserves the right to suspend,
disconnect, or terminate your use of the services provided on the Web portal at
any time for any reason in its sole discretion, with or without cause, and with
or without prior notice to you including, but not limited to, if it determines that
you have failed to comply with any of these Terms of Use. You acknowledge and agree
that Commanding View, Inc. further reserves the right to prohibit any conduct or
remove any material or content in violation of these Terms of Use or which Commanding
View, Inc., in its sole discretion, believes to be illegal, potentially harmful
to others, potentially harmful to Commanding View, Inc., including its reputation
and operations, or may expose Commanding View, Inc. to liability.
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11. INTELLECTUAL PROPERTY.
The Web portal and all intellectual property rights related to the Web portal, including
but not limited to copyrights, trademarks, service marks and any content on the
Web portal, are owned by and/or licensed to Commanding View. You may not reproduce,
reverse engineer, decompile, disassemble, modify or create derivative works with
respect to the Web portal and the related intellectual property, including any services
provided via the Web portal, and these Terms of Use do not grant you permission
to do so. Certain content may be licensed from third parties. All such third party
content and all intellectual property rights related to that content belong to the
respective third parties. You may not remove any copyright, trademark, or other
intellectual property or proprietary notice or legend contained in the Web portal,
including any Web portal content. By posting content to the Web portal, you are
licensing Commanding View to use and display such content in any manner in which
Commanding View see fit, in its sole discretion.
If you believe that your work has been copied in a way that constitutes copyright
infringement, or you believe that you intellectual property rights have been otherwise
violated, please notify provide notice to Commanding View regarding such alleged
infringement or violation of intellectual property rights via electronic mail at
abuse@linktoexpert.com
or via United States mail at the following address: Commanding View, Inc., P. O.
Box 686, Safety Harbor, FL 34695. In such notice, please provide Commanding View
with the following information:
(a) Identify the material on the Web portal that you claim is infringing, with enough
detail so that Commanding View may locate it on the Web portal;
(b) A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
(c) a statement by you declaring under penalty of perjury that (1) the above information
in your Notice is accurate, and (2) that you are the owner of the copyright interest
involved or that you are authorized to act on behalf of that owner;
(d) Your address, telephone number, and email address; and
(e) Your physical or electronic signature.
Commanding View will remove the infringing posting(s), subject to the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
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12.INDEMNIFICATION.
You agree to defend, hold harmless and indemnify Commanding View from and against
any and all losses, costs, expenses, damages or other liabilities incurred by Commanding
View from and against any cause of action, claim, suit or proceeding brought by
a third party against Commanding View in connection with your use of Web portal
and the services provided therein. You further agree to indemnify, defend and hold
Commanding View harmless from and against any and all claims, demands, actions,
costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting
from your use of the Web portal or your decision to supply personally identifiable
information using the Web portal. Any such indemnification shall be conditioned
on Commanding View notifying you in writing of any such claim, demand, action, cost,
liability, loss or threat of any thereof and Commanding View cooperating with you
in the defense or settlement thereof. Commanding View shall be entitled to participate
in such defense through its own counsel at its own cost and expense. Commanding
View reserves the right to report any wrongdoing of which it becomes aware to the
applicable government agencies or otherwise.
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13. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS
IS, AS AVAILABLE, AND WITH ALL FAULTS," AND WITHOUT ANY WARRANTIES OR CONDITIONS,
EITHER EXPRESSED OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE
OF DEALING OR USAGE OR TRADE INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OF A PARTICULAR PURPOSE . COMMANDING
VIEW MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER OR THIRD PARTY, OR AS TO
THE ACCURACY OF THE POSTINGS MADE ON THE WEB PORTAL BY ANY USER.
YOU ACKNOWLEDGE AND AGREE THAT THE WEB PORTAL AND THE SERVICES THEREIN ARE NOT GUARANTEED
TO BE FREE OF ERROR, UNINTERRUPTED, SECURE, OR ALWAYS AVAILABLE OR AVAILABLE WITH
SUFFICIENT CAPACITY.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEB PORTAL AND THE SERVICES THEREIN
IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT COMMANDING VIEW HAS NO RESPONSIBILITY FOR ANY THIRD
PARTY CONTENT, DATA, INFORMATION, PROGRAMS, OR OTHER MATERIAL THAT YOU MAY USE OR
ACCESS USING THE WEB PORTAL AND THE SERVICES THEREIN. YOU ACKNOWLEDGE AND AGREE
THAT IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, GOODS, MERCHANDISE, AND OTHER INFORMATION
PROVIDED THROUGH YOUR USE OF THE WEB PORTAL AND THE SERVICES PROVIDED THEREIN.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COMMANDING VIEW, OR ANY OF ITS
AGENTS, EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS OR SAVINGS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS
OF GOODWILL) ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE USE OF, MAINTENANCE
OR, REPAIR OF, FAILURE OF, REMOVAL OF, OPERATION OF, OR INABILITY TO GAIN ACCESS
TO THE WEB PORTAL AND THE SERVICES THEREIN, WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR DUE TO THE NEGLIGENCE OF COMMANDING VIEW, OR ANY OF ITS AGENTS, EMPLOYEES,
REPRESENTATIVES, OR CONTRACTORS, OR OTHERWISE, EVEN IF COMMANDING VIEW, OR ANY OF
ITS AGENTS, EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS, HAS/HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. COMMANDING VIEW’S LIABILITY SHALL BE LIMITED TO
THE FULL EXTENT OF THE LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL COMMANDING
VIEW’S LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE YOUR USE OF THE WEB
PORTAL AND THE SERVICES PROVIDED THEREIN OR PURSUANT TO THESE TERMS OF USE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED IN
THE GREATER OF: (A) $1000 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY
COLLECTED BY COMMANDING VIEW FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES
DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH
LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS OF LIABILITY
SPECIFIED IN THESE TERMS OF USE SHALL SURVIVE THE TERM OF YOUR AGREEMENT WITH RESPECT
TO THE TERMS OF USE AND WILL APPLY EVEN IF IT IS FOUND THAT SUCH TERMS OF USE HAVE
FAILED IN THEIR ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS,
EXCLUSIONS, AND DISCLAIMERS OF LIABILITY SHALL INURE TO THE BENEFIT OF COMMANDING
VIEW, OR ANY OF ITS AGENTS, EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS INCLUDING,
BUT NOT LIMITED TO, ANY VENDOR, DEVELOPER, DESIGNER, SUPPLIER AND/OR LICENSOR OF
ANY SOFTWARE SUPPLIED BY THE CITY OR ASSOCIATED WITH THESE TERMS OF USE, OR ANY
MAINTENANCE PERSON, REPAIR PERSON, OR TECHNICAL SUPPORT PERSON ASSOCIATED WITH THE
WEB PORTAL AND THE SERVICES PROVIDED THEREIN.
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14. STATE SPECIFIC LEGAL NOTICES.
Pursuant to California Civil Code Section 1789.3 and California Business and Professions
Code Section 17538, residents of California are hereby advised of the following:
Commanding View, located in Clearwater, Florida, is the provider of the electronic
commercial service on the Web portal. Users are notified in advance regarding any
applicable service charges. The Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs in California may be contacted in
writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.
Upon your request, you may have this Agreement sent to you by e-mail. Please feel
free to contact Commanding View to resolve a complaint regarding any aspect of service
relating to the Web portal by providing notice pursuant to Section 15 herein.
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15.NOTICES.
All notices required or permitted to be given under this Agreement, shall be in
writing and shall be deemed to have been duly given if delivered personally or sent
by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid,
by registered or certified mail (notices sent by telex or telefax, or telegram,
shall be deemed to have been given on the date sent; those mailed shall be deemed
to have been given ten (10) business days after mailing) to the addresses set forth
below or to such other address as any party shall designate by notice in writing.
To Commanding View:
Commanding View, Inc. P. O. Box 686 Safety Harbor, FL 34695
To User:
To the address associated with the user’s access or login information.
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16.SEVERABILITY.
The parties agree that, in the event any provision, covenant, condition, or term
of these Terms of Use shall be declared null and void, invalid, or held for any
reason to be unenforceable by a court of competent jurisdiction, the remainder of
these Terms of Use shall nevertheless remain in full force and effect, and shall
be interpreted as if such invalid provisions, covenants, or conditions were not
contained herein. To this end, the provisions, covenants, conditions, and terms
of these Terms of Use are deemed separate.
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17. ASSIGNMENT.
Commanding View has the right to transfer or assign these Terms of Use and the rights
hereunder to any other person or entity without your consent. You do not have the
right to assign or transfer these Terms of Use or any rights hereunder to any other
person or entity without the prior written consent of Commanding View. Subject to
the foregoing, these Terms of Use will be binding upon and will inure to the benefit
of the successors and permitted assigns of the parties hereto.
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18. WAIVER.
No waiver of any of Commanding View’s rights or remedies contained in these Terms
of Use or of any breach of any provision of these Terms of Use shall be binding
unless it is in writing and signed by Commanding View. No such waiver by Commanding
View shall prevent the subsequent enforcement of such term or be deemed a waiver
of any subsequent exercise of right or breach of these Terms of Use, nor shall any
waiver in any way effect any other term or condition of these Terms of Use.
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19. COMMANDING VIEW’S RIGHTS AND REMEDIES.
The inclusion of any right or remedy contained in these Terms of Use is intended
to add to Commanding View’s available remedies, rather than limit or exclude rights
or remedies not expressly discussed herein. Commanding View reserves its right,
at its sole discretion, to pursue any and all legal or equitable remedies available
to it against you, in the event that a cause of action arises against you.
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20. FORCE MAJEURE.
Commanding View shall be excused from performance under these Terms of Use, and
shall not be liable for damages or otherwise, if and to the extent that Commanding
View is unable to supply or experiences delay in supplying the Web portal and the
services provided therein that is, directly or indirectly, due to or causes by any
act, event, cause or condition that is beyond its reasonable control including,
but not limited to accidents, fires, explosions, natural disasters hurricanes, floods,
acts of God, acts of any government, acts of war, military action, terrorist acts,
labor disputes, strikes, theft, vandalism, or any other causes.
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21. GOVERNING LAW AND JURISDICTION.
The Web portal (excluding linked Web sites) is operated by Commanding View from
its offices within the state of Florida, United States of America. The Web portal
can be accessed from all 50 states and from other countries around the world. As
each of these places has laws that may differ from those of Florida, by accessing
the Web portal, you agree that these Terms of Use, your use of the Web portal, and
the services offered on the Web portal shall be governed in all respects by the
laws of the State of Florida, without regard to its conflicts of law provisions.
You further submit to jurisdiction and venue in the state and federal courts located
in the state of Florida, Pinellas County and further agree that any cause of action
you may bring arising under your use of the Web portal shall be brought by you exclusively
in Florida state court located in Pinellas County and/or the United States District
Court in and for the Middle District of Florida, Tampa Division. Commanding View
makes no representation that materials on the Web portal are appropriate or available
for use in other locations, and accessing them from territories where their contents
are illegal is prohibited. Those who choose to access the Web portal from other
locations do so on their own initiative and are responsible for compliance with
any and all local laws.
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