Acceptance of "Terms of Use" Through Use
This Terms of Use Contract (herein referred to as Agreement) is between SWFloridaGroup.com (herein known as SWFloridaGroup.com) and you for the membership and/or usage of SWFloridaGroup.com' Services.
I. Financial Arrangements:
1. The Customer can freely use the SWFloridaGroup.com membership services beginning upon commencement of service.
2. Customer will receive free email support for one (1) Customer contact for the duration of the membership. All training & additional support is provided through our web site (if applicable).
3. All payments and setup charges will be waived since this is considered an application to benifit SWFloridaGroup.com and it's clientele.
II. Taxes:
1. SWFloridaGroup.com shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Customer using SWFloridaGroup.com' servers.
The Customer agrees to take full responsibility for all taxes and fees of any nature associated with services rendered by the Customer.
III. Material and Products:
1. The Customer will provide SWFloridaGroup.com with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part
of SWFloridaGroup.com unless agreed upon in a separate contract that may or may not incur fees to the Customer.
SWFloridaGroup.com shall make no effort to validate this information for content, correctness or usability. SWFloridaGroup.com will not be responsible
for accuracy nor warrantee any data either imported or directly entered into any of its software or web site applications.
2. Use of SWFloridaGroup.com 's service requires a certain level of knowledge in the use of email, general application interface elements, etc.
The Customer agrees that he or she has the necessary knowledge to use the services offered or created by SWFloridaGroup.com . The Customer agrees that it is not
the responsibility of SWFloridaGroup.com to provide this knowledge or Customer Support outside of the defined service of SWFloridaGroup.com .
3. SWFloridaGroup.com will exercise no control whatsoever over the content of the information passing through the network.
SWFloridaGroup.com makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. SWFloridaGroup.com also disclaims any warranty
of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data
resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of
SWFloridaGroup.com is at the Customer's own risk, and SWFloridaGroup.com specifically denies any responsibility for the accuracy or quality of information obtained through its application or services.
Connection speeds to the internet vary and SWFloridaGroup.com expressly limits its damages to the Customer for any non-accessibility time or other down time to the
Customer. SWFloridaGroup.com specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
In the event that this material is not "Server-ready", SWFloridaGroup.com may, at its option and at any time, reject this material, including but not limited to after
it has been put on SWFloridaGroup.com 's Server. SWFloridaGroup.com agrees to notify the Customer immediately of its refusal of the material and allow the Customer the opportunity
to amend or modify the material to satisfy the needs and/or requirements of SWFloridaGroup.com . If the Customer fails to modify the material, as directed by SWFloridaGroup.com,
within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
1. The Customer warrants that it has the right to use the applicable trademarks, if any.
The Customer also agrees to be held liable for any content, audio scripts, or otherwise including copyrighted material that SWFloridaGroup.com uses for creation of any said audio tours.
V. Hardware, Equipment & Software:
1. The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access
SWFloridaGroup.com 's applications and/or services. SWFloridaGroup.com makes no representations, warranties or assurances that the Customer's equipment will be compatible with the SWFloridaGroup.com service.
VI. Age:
1. The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
1. The Customer may not use SWFloridaGroup.com servers for the purpose of Mass Electronic Email other then the basic offerings under the application interface written and maintained by SWFloridaGroup.com.
The Customer may not use SWFloridaGroup.com servers for excessive computation time inappropriate for Internet Web application servers. The Customer may not install in her/his account any program
which presents a security problem on that server. SWFloridaGroup.com reserves the right to immediately cancel any service account which is causing a disruption of services for other customers.
The network resources of SWFloridaGroup.com may not be used to impersonate another person or misrepresent authorization to act on behalf of others or SWFloridaGroup.com . All messages transmitted via SWFloridaGroup.com should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
2. The Customer may not run any software, applications, or other processes on SWFloridaGroup.com servers without the express written permission of SWFloridaGroup.com.
VIII. Termination:
1. This Agreement may be terminated by Customer, without cause, by giving SWFloridaGroup.com notice and is not liable to SWFloridaGroup.com except for any possible extensive, non-business 800 minutes totaled by SWFloridaGroup.com.
SWFloridaGroup.com also reserves the right to, at any time, terminate the Customer for any reason it deems necessary. In such case SWFloridaGroup.com will notify the customer immediately by phone or email.
Notwithstanding the above, SWFloridaGroup.com also may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with any terms of this Agreement.
IX. Limited Liability:
1. The Customer expressly agrees that use of SWFloridaGroup.com 's Server is at the Customer's sole risk. Neither SWFloridaGroup.com , nor its employees, affiliates, agents, third party information providers,
merchants licensers or the like, warrant that SWFloridaGroup.com 's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained
from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the SWFloridaGroup.com Server service,
unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall SWFloridaGroup.com , its officers, agents or anyone else involved in creating, producing or distributing SWFloridaGroup.com 's Server service be liable for any direct,
indirect, incidental, special or consequential damages that result from the use of or inability to use the SWFloridaGroup.com Server service; or that results from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or
unauthorized access to SWFloridaGroup.com 's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on SWFloridaGroup.com 's Server service.
X. Lawful Purpose:
1. The Customer may only use SWFloridaGroup.com 's Servers for lawful purpose. Transmission of any material in violation of any Federal,
State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
This also includes links or any connection to such materials.
XI. Indemnification:
1. The Customer agrees that it shall defend, indemnify, save and hold SWFloridaGroup.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees,
("Liabilities") asserted against SWFloridaGroup.com , its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed
or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless SWFloridaGroup.com against Liabilities arising out of (i) any injury to
person or property caused by any products sold or otherwise distributed in connection with SWFloridaGroup.com 's Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary
rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the SWFloridaGroup.com Server.
XII. Contract Revisions:
1. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of SWFloridaGroup.com 's services. Services as specified in Section I. Financial Arrangements.
XIII Transfer:
1. The Customer may not transfer this agreement without the written consent of SWFloridaGroup.com.
XIV License Grant:
1. SWFloridaGroup.com grants you a license to use SWFloridaGroup.com for 2 USERS employed or affiliated with the Customer.
2. "USER" means anyone loading, executing or displaying any of the SWFloridaGroup.com service web pages or use of the web space.
3. It is the Customers sole responsibility to insure all users are appropriately deactivated from using the SWFloridaGroup.com when not in use. Audits for this purpose will be
performed at the discretion of SWFloridaGroup.com.
4. You may not modify the core software or disable any licensing or control features of the application except as for that which is as an intended part of the SWFloridaGroup.com service or part of the programmed features.
This license is not transferable to any other system, or to another organization or individual.
XV Ownership
1. The SWFloridaGroup.com service is owned and copyrighted by SWFloridaGroup.com. Your license confers no title or ownership in the SWFloridaGroup.com Service and should not be construed as a sale of any right in the SWFloridaGroup.com Web Application.
XVI Copyright:
1. The SWFloridaGroup.com service and all rights, without limitation including proprietary rights therein, are owned by SWFloridaGroup.com or its suppliers and are protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SWFloridaGroup.com Web Application is licensed, not sold. You acknowledge that no title to the intellectual property in the SWFloridaGroup.com service
is transferred to you. You further acknowledge that title and full ownership rights to the SWFloridaGroup.com service will remain the exclusive property of SWFloridaGroup.com and you will not acquire
any rights to the SWFloridaGroup.com service except as expressly set forth in this license. You are not allowed in anyway to copy the SWFloridaGroup.com software or any of its contents except for that
which the the application or its data was specifically designed for.
XVII Reverse Engineering:
1. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SWFloridaGroup.com Web Application in whole or in part.
2. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.