These terms and conditions sets forth the agreement (hereinafter, the “Agreement”) between MATER SIGNA, LLC, (hereinafter, “MATER SIGNA”, “us” or “we”) and You which govern your use of any part of this website or MATER SIGNA sponsored websites (hereinafter, the “Sites”) and/or the services (hereinafter, the “Services”) thereon which are provided by MATER SIGNA herein.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. MATER SIGNA MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
If any of the Sites or Services require you to open an account, you must complete the registration process by providing MATER SIGNA with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to MATER SIGNA which is untrue, inaccurate, not current or incomplete, MATER SIGNA reserves the right to terminate this Agreement and your continued access and use of the Sites and/or the Services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify MATER SIGNA immediately of any unauthorized use of your account or any other breach of security. MATER SIGNA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by MATER SIGNA or another party due to someone else using your account or password.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by MATER SIGNA infringe your copyright, you, or your agent may send to MATER SIGNA a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon MATER SIGNA actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to MATER SIGNA a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered to MATER SIGNA and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. MATER SIGNA aggressively enforces its intellectual property rights to the fullest extent of the law. The name of MATER SIGNA, Jimmy Ballard, any logos or the other MATER SIGNA formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from MATER SIGNA.
You acknowledge that MATER SIGNA may establish general practices and limits concerning use of the Sites, including without limitation the maximum number of days that your information will be retained on Sites, the maximum size of any data that may be sent using Sites, and the maximum disk space that will be allotted on MATER SIGNA’s servers on your behalf. You agree that MATER SIGNA has no responsibility or liability for the deletion or failure to store any data or other information maintained or transmitted on, by, or through the Sites. You acknowledge that MATER SIGNA reserves the right to log off accounts that are inactive for an extended period of time.
Cookies. MATER SIGNA reserves the right to store information on Your computer in the form of “cookies” or similar files for the purposes of modifying the Site to reflect Your preferences regarding the use of the Site.
By using the Sites, You acknowledge Your awareness of and assent to “The Electronic Signatures and Records Act” and the “U.S. Electronic Signature in Global and National Commerce Act of 2000” and expressly acknowledges that “an electronic signature may be used by any person in lieu of a signature affixed by hand” and that such a signature “shall have the same validity and effect as the use of a signature affixed by hand”; and that Notwithstanding any statute, regulation, or other rule of law, with respect to any transaction in or affecting interstate or foreign commerce – (1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and (2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation.
THE SITES AND THE SERVICES AVAILABLE THEREON AND/OR PROVIDED THEREFROM ARE PROVIDED ON AN “AS IS” BASIS, AND YOUR USE OF THE SITES AND THE SERVICES ARE AT YOUR OWN RISK. MATER SIGNA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MATER SIGNA DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
MATER SIGNA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE INFORMATION YOU OBTAIN FROM THE SITE, INCLUDING THE CAPABILITY, CORRECTNESS, ACCURACY, OR RELIABILITY OF THE INFORMATION. YOU EXPRESSLY ACKNOWLEDGE THAT MATER SIGNA SHALL IN NO EVENT BE HELD LIABLE FOR ANY DAMAGES, SUITS OR CLAIMS RELATING TO THE INFORMATION OBTAINED BY YOU FROM THE SITES, OR THE USE BY YOU OF SUCH INFORMATION. NO ORAL OR WRITTEN REPRESENTATION OR ADVICE GIVEN BY MATER SIGNA WILL BE DEEMED TO CREATE SUCH A WARRANTY.
HYPERLINKS. MATER SIGNA MAY PROVIDE LINKS OR OTHER ACCESS TO WEBSITES MAINTAINED BY THIRD-PARTIES, WHICH ALLOW A USER TO LEAVE THE SITE TO ACCESS THIRD-PARTY MATERIAL OR TO INCORPORATE THIRD-PARTY MATERIAL INTO THE SITE VIA “INVERSE” HYPERLINKS AND FRAMING TECHNOLOGY (A “LINKED SITE”). MATER SIGNA ASSUMES NO RESPONSIBILITY FOR THE AVAILABILITY OF SUCH THIRD-PARTY SITES OR FOR THE CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE ON A LINKED SITE AND THE PROVISION OF SUCH A LINK SHALL NOT BE CONSTRUED AS AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH THIRD-PARTY SITE, ITS CONTENTS, OWNERS OR PROVIDERS.
NEITHER MATER SIGNA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL MATER SIGNA’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES.
MATER SIGNA WILL HAVE NO LIABILITY TO YOU OR THIRD PARTIES IN CONNECTION WITH THE USE OF THE SITES. IN ADDITION, YOU ACKNOWLEDGE THAT MATER SIGNA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OTHER PORTIONS OF THE INTERNET. ACTIONS OR INACTIONS OF THIRD PARTIES MAY RESULT IN SITUATIONS IN WHICH YOUR CONNECTION TO THE INTERNET, USE OF SOFTWARE SERVICES, OR INFORMATION AND SYSTEMS MAY BE IMPAIRED, DISRUPTED OR DAMAGED. ALTHOUGH MATER SIGNA WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, MATER SIGNA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, MATER SIGNA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
You agree to indemnify, defend, and hold MATER SIGNA and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to MATER SIGNA infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services. This Section shall survive in the event this Agreement is terminated for any reason.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that MATER SIGNA, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
This Agreement and the relationship between you and MATER SIGNA shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You and MATER SIGNA irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Miami-Dade, in the State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
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