Terms of Service and Use Agreement
LAST REVISION: April 14, 2009
Welcome to Media LLC owned and operated sites and services. Media LLC ("Media LLC," "we," or "us") provides this Web site (including the services offered on this Web site), data service, and/or application (the "Offerings") to you subject to the following terms and conditions. Web Sites include but, are not limited to; Sunshinestate411.com, Bradenton411.com, Lakewoodranch411.com. Whenever Media LLC is referred to it is also referring to all owned and operated sites. Please read them carefully. By using the Offerings, you agree to be bound by the terms and conditions of this agreement (the "Agreement"). If you would like to print this Agreement, please use the print function.
LICENSE
You must be thirteen (13) years or older to use the Offerings. If you are between the ages of thirteen (13) and eighteen (18), you must have parental consent to use the Offerings.
Limited License.
Unless otherwise indicated, the Offerings and all content, and other materials on or available on or through the Offerings, including, without limitation, directory listing data, the Media LLC logos, and all designs, text, graphics, pictures, information, data, sound files, software and files, and the selection and arrangement thereof (collectively, the "Materials") are proprietary to Media LLC or its affiliates or licensors, and are protected by U.S. and international copyright laws. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the Offerings, (ii) cause the Materials to be displayed from a single computer or mobile device and (iii) use the Materials, solely as permitted under this Agreement (the "License"). Media LLC and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement.
General Restrictions.
You will comply with all applicable laws, including without limitation, U.S. export control laws, applicable to your use of the Offerings and Materials.
You will not:
- engage in any unauthorized use of the Offerings or Materials (including, without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale or other commercial uses);
- transmit or otherwise make available any content that: (i) you do not have the right to provide or transmit using the Offerings, (ii) may expose Media LLC or its affiliates, licensors, or users to any harm or liability, or (iii) is unlawful, untrue, or otherwise objectionable;
- transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- copy any portion of the Offerings or Materials or any underlying content or source code;
- reverse engineer, disassemble or decompile any portion of the Offerings or Materials, or otherwise attempt to discover or re-create the source code to any software;
- distribute the software or source code behind the Offerings or Materials to any third party;
- make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Offerings or Materials;
- remove, alter, or obscure any copyright or other proprietary notices of Media LLC or its affiliates or licensors in any portion of the Offerings or Materials;
- obscure or disable any advertisements that appear on or through the Offerings;
- use any type of automated means to utilize the Offerings or Materials;
- access without authorization any networks, systems, or databases used in providing the Offerings or any accounts associated with Offerings, or to access or use any information therein for any purpose;
- attempt to probe, test, hack, or otherwise circumvent any security measures;
- violate any requirements, policies, procedures or regulations of any network connected to the Offerings;
- use any of the Offerings in any manner that could damage, disable, overburden, or otherwise impair the Offerings (or the networks connected to the Offerings);
- interfere with or disrupt the use and enjoyment by others of the Offerings or the Materials;
- falsely state, impersonate, or otherwise misrepresent your identity;
- use the Offerings or Materials in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
- use the Offerings or Materials in any manner that exposes the Company to any harm or liability of any nature; or
- use the Offerings or Materials in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future.
Restrictions on the Use of Data.
As part of the Offerings, Media LLC provides you with the ability to find contact information and other information regarding individuals and businesses. Without in any way limiting any other restrictions in this Agreement, you represent and warrant that you will use all such information (the "Results Data") for your own personal (non-commercial use) in a strictly lawful manner. Among other limitations, you may not:
- use any Results Data for marketing purposes, including making telemarketing calls, transmitting unsolicited paper mail, facsimile messages, text messages, email messages, or any other type of messages;
- compile the Results Data in a database and store such data for any future use;
- use any Results Data information for credit granting, credit monitoring, account review, insurance underwriting, employment or any other purpose covered by the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq., ( "FCRA"), Federal Trade Commission interpretations of the FCRA, and similar state statutes;
- use any Results Data information for tortuous purposes, including to stalk, harass, or threaten any individual;
- match any Results Data with information from third party databases to append, verify, or create a new database;
- publish, transit, distribute, or resell any Results Data; or
- store via physical media, data mine or otherwise aggregate information or data made available through any Offerings for any purpose outside the scope of this Agreement or any other applicable agreement between you and Media LLC.
Termination of License.
Media LLC may revoke or terminate the License granted above in its sole discretion at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Offerings or Materials, or any other Media LLC service, or (iii) use the Offerings or the Materials other than as specifically authorized in this Agreement, without our prior written permission.
Termination of Services.
Media LLC may discontinue, terminate, suspend or shut down the Offerings at any time and for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Offerings or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Upon any such action by Media LLC, your License shall automatically terminate with respect to the affected Offerings and you must immediately stop using all affected Offerings.
ACCOUNTS
Account Creation.
In order to access to certain Offerings, you may be asked to create a user account (an "Account"). In connection with this Account, you must provide certain information ("Registration Data") and answer all inquiries marked "required." You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that Media LLC may contact you and require you to confirm some or all of your Registration Data before using certain Offerings. We reserve the right to terminate the License and to refuse to provide you with any and all current or future use of the Offerings if in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or appears to be, untrue, inaccurate, not current or incomplete.
Account Security.
You are responsible for maintaining the confidentiality of your account credentials and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify Media LLC of any unauthorized use of your account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section.
INFORMATION
Privacy.
Media LLC is committed to protecting your privacy. The personal information you provide to us as part of any Offerings is governed by our Privacy Policy. Please read it carefully to understand our information practices before using the Offerings.
Removal Requests.
In order to remove your name and contact information from our public listings, please contact us via the contact us page. Please note that we do not accept opt-out requests from third parties other than verifiable authorized agents (e.g., attorneys, government agencies, the Better Business Bureau, parents of minor children). We will comply with removal requests within ten (10) business days of receipt of your request. Often, listings accessible via the Offerings are powered by third party databases. To remove these listings, please contact the third party directly.
Content You Provide or Transmit.
In the course of using the Offerings or Materials, you may transmit or otherwise make available certain content (including information about yourself). Unless otherwise stated in this Agreement or our Privacy Policy, by submitting such content, you represent and warrant that: (i) you own and control all rights to the content you transmit or otherwise make available, or you have the lawful right to distribute, reproduce, and provide such content; (ii) such content is accurate and not misleading; and (iii) transmission or providing such content does not: (a) violate this Agreement or (b) violate the rights of, or cause any injury to, any person or entity. Further, you grant us a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such content. Also, you understand and agree that Media LLC retains the right to reformat, excerpt or translate any content provided or transmitted by you. Any content provided or transmitted by you will be treated in accordance with our Privacy Policy. You understand and agree that Media LLC will not be liable for any content, publicly posted or privately transmitted on the Offerings. You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using the Offerings. Additionally, we cannot guarantee that any content, obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.
Feedback.
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding any Offerings or any other products or services of Media LLC (collectively, "Feedback"), is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.
DISCLAIMER; LIMITATION ON LIABILITY; INDEMNIFICATION.
DISCLAIMER OF WARRANTY.
THE OFFERINGS AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE OFFERINGS OR MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE OFFERINGS OR MATERIALS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Media LLC AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE OFFERINGS OR MATERIALS.
WITHOUT LIMITING THE FOREGOING, NEITHER Media LLC NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE "Media LLC PROVIDERS") REPRESENT OR WARRANT (I) THAT THE OFFERINGS OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE OFFERINGS OR MATERIALS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE OFFERINGS OR MATERIALS WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH ANY OFFERINGS; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE OFFERINGS OR MATERIALS ARE NON-INFRINGING.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL ANY OF THE Media LLC PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE OFFERINGS OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE OFFERINGS OR MATERIALS, (II) ANY USE OR INABILITY TO USE THE OFFERINGS OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY OFFERINGS, IN EACH CASE EVEN IF THE Media LLC PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Media LLC PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE OFFERINGS OR MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Media LLC FOR ACCESS TO OR USE OF THE OFFERINGS OR MATERIALS.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification Obligations.
You agree to hold harmless, defend and indemnify the Media LLC Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any of the Offerings or Materials, including, without limitation, any actual or threatened suit, demand or claim made against any Media LLC Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement; (iii) your use of any of the Offerings or Materials; or (iv) any content that you store on or transmit through the Offerings. Media LLC may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Media LLC in such event.
SPECIFIC Media LLC PRODUCTS AND SERVICES
The following sections apply to certain specific Offerings of Media LLC. The terms in such sections (the "Special Terms") supplement the other provisions of this Agreement, however if any Special Terms conflict with the other sections of the Agreement, the Special Terms shall apply.
Media LLC Mobile and Email Service.
This section only applies to your use (if any) of the Media LLC Mobile and Email Service application, the application that allows to send a business listing to ones cell phone or to their email address, and also includes sending SMS text messages or emails to users that have signed up for receiving specials and coupons (the "Media LLC Mobile and Email Application").
When using the Media LLC Mobile and Email Application there may be charges applied to the recipient receiving an SMS text message. Any charges incurred are the sole responsibility of the owner of the mobile phone.
Media LLC will have no obligations with respect to the Media LLC Mobile and Email Application and any other claims, losses, liabilities, damages, costs or expenses attributable to this Service. You also acknowledge that in the event of a third party claim that the Media LLC Mobile and Email Application or your possession and use of the Media LLC Mobile and Email Application infringes a third party’s intellectual property rights, Media LLC, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim. You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Media LLC and its subsidiaries are third party beneficiaries of this paragraph, and that Media LLC will have the right, and will be deemed to have the right, to enforce this paragraph. Any questions, complaints or claims regarding the Media LLC Mobile and Email Application should be directed to current contact information listed on the contact us section of the website.
Coupon-Special Services
This section only applies to your use (if any) of any Media LLC service which allows you to securely provide your personal information such as your e-mail address, cell phone number, or other content in order to receive SMS (cell phone text messages) or email notifications sent by Media LLC or on behalf of our Business Users, is known as (the "Coupon-Special Services"). Media LLC will not disclose any mobile or email information (the "User Supplied Private Information") to its business users, in accordance with our Privacy Policy and as necessary to facilitate your use of the Coupon-Special Service (such use to include delivery of messages via the Send a Message Service). By using a Coupon-Special Service, you understand and agree that you may receive solicited email, and/or text messages from our business users, which may cause you to incur messaging, data, and other rates and fees per your cellular service plan (you should check with your carrier to find out what rates and fees will apply). By using the Coupon-Special Service you will receive coupons and specials from businesses that you have requested information from by selecting certain categories. Accordingly, notwithstanding the license described in the above section titled Content You Provide or Submit, with respect to User Supplied Private Information, you only grant Media LLC a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, copy, store, create derivative works based on, modify, perform, display, and distribute the User Supplied Private Information as necessary to provide you the Coupon-Special Service or as contemplated by our Privacy Policy. You may remove the User Supplied Private Information you added at any time. If you do choose to remove such information, the license granted to us above will terminate but you acknowledge that we may retain archived copies of your User Supplied Private Information.
In connection with your use of a Coupon-Special Service, you specifically represent and warrant the following:
- you are at least eighteen (18) years old;
- you have the right to add the content you add to your directory listing or send out as a coupon or special;
- your cell phone number (if applicable) is not part of a multiple account wireless services plan.
Media LLC has no obligation to monitor the Coupon-Special Services; however it does reserve the right to monitor and review any content you submit while using a Coupon-Special Service, and to edit or refuse to post or send any content you add to your directory listing or as a coupon or special, in whole or in part, in its sole discretion.
Send a Message Services.
This section only applies to your use (if any) of any Media LLC service which allows you to send email or text messages directly to third parties, including other Media LLC users (the "Send a Message Services"). Notwithstanding the license described in the above section titled Content You Provide or Submit, with respect to User Supplied Private Information, your use of a Send a Message Service requires that you grant Media LLC a worldwide, royalty-free, non-exclusive, assignable and transferrable license to reproduce, archive, store, display, perform, prepare derivative works based on, modify, and distribute the content of your message(s) for the purpose of delivering your message(s). In addition, any information or message content provided in connection with the Offerings, including the Send a Message Services, is subject to our Privacy Policy.
We do not charge for the Send a Message Services, but if you send a text message, the recipient’s cellular carrier's normal messaging, data, and other rates and fees may apply. The Send a Message Services limit email messages to 500 characters and text messages to 160 characters (if your text message is too long, it may be broken into multiple text messages).
In connection with your use of a Send a Message Service, you specifically represent and warrant the following:
- you are at least eighteen (18) years old;
- your use of the Send a Message Service is limited to your own personal, non-commercial use; and
- you will not use the Send a Message Service for any purpose that is unlawful or prohibited herein.
Specifically in connection with your use of a Send a Message Service, you agree that you will not:
- engage in any unsolicited promotions, political campaigning, advertising, solicitations, or unsolicited commercial messages;
- attempt to alter or obscure source-identifying information; or
- attempt to collect or store personal information about third parties without their knowledge or consent.
Media LLC has no obligation to monitor the Send a Message Services; however it does reserve the right to review messages sent through the Send a Message Services and to edit, refuse to send, or remove any content, in whole or in part, in its sole discretion. You are solely responsible for the content of any message you send using a Send a Message Service. Media LLC reserves the right to terminate your use of a Send a Message Service at any time for any or no reason.
MISCELLANEOUS
Spam and Communications Guidelines.
You may not use the Offerings, Materials, or any name, trademarks or other intellectual property of Media LLC in conjunction with the sending of unsolicited commercial email, nor may you cause any Media LLC Web site, service, product, or equipment, network connectivity or other resources to originate, deliver, relay or otherwise transmit unsolicited commercial email messages. Further, you may not engage in any of the foregoing prohibited activities by using any other provider, third-party agent, re-mailing service, or address forwarding service in such a way that our intellectual property, network addresses or services are in any way associated or likely to be associated with the sending of unsolicited commercial email. Other prohibited methods of advertising or promoting your involvement with Media LLC include, but are not limited to: (i) postings or transmissions of messages in violation of any published guidelines or specifications for the use of any service that allows you to post or transmit messages; or (ii) multiple or otherwise abusive postings or transmissions of messages to Usenet newsgroups, mailing lists, chat rooms, instant messaging programs, social networking sites or networks or other online forums. Please report any incidents of "spamming" or similar inappropriate behavior to Media LLC immediately.
Third Party Links.
Media LLC may, as a convenience to its users, make links to third-party Web sites or resources available on or through the Offerings. Media LLC is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third party Web sites and resources which may be accessed through the Offerings. In addition, Media LLC does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such Web sites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such Web sites or resources.
Copyrights.
Contents © 2009, Media LLC All Rights Reserved.
All content included on this Web site, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Media LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Web site is the exclusive property of Media LLC and protected by U.S. and international copyright laws.
The Offerings are also copyrighted works of Media LLC. Use of the Offerings may be governed by the terms of an end-user license agreement or terms of use agreement (or another type of agreement) that may accompany or be included with the Offerings.
Any rights not expressly granted herein are reserved by Media LLC.
Trademarks.
Sunshinestate411.com, Bradenton411.com, Lakewoodranch411.com and other Media LLC graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Media LLC or its affiliates in the U.S. and/or other countries. Media LLC’s trademarks and trade dress may not be used in connection with any product or service that is not Media LLC' in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Media LLC. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.
Notification of Claimed Infringement.
Media LLC strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the Materials available on or through the Offerings infringes upon any copyright you own or control, or that any link made available on or through the Offerings directs users to another Web site that contains material that you own or control, please send us a notice of infringement (an "Infringement Notice"). An Infringement Notice must be in writing (sent by fax or regular mail - not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.
To expedite our ability to process an Infringement Notice, please provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you believe is being infringed;
- A description of the location of the material that you believe is infringing the copyrighted work;
- Your contact information (please include your address, telephone number, and email address);
- 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; and
- A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf.
Sign the Infringement Notice and send the written communication to contact information listed on the website.
Notices.
Media LLC may provide you notice of changes or any other matter by displaying notices to you generally through the Offerings or, at its option, by using any contact information you have provided to Media LLC or by updating Terms of Use, Legal Notice and Privacy Policy. Media LLC is not responsible to notify you if there are any content updates to any pages posted on any Media LLC website. You agree that notice by the foregoing means shall be deemed complete when transmitted by Media LLC. All notices to Media LLC (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to the contact information listed on the website.
Time Limitation on Claims and Causes of Action.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Offerings or Materials must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.
Severability.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
Governing Law; Venue.
YOUR USE OF THE OFFERINGS AND MATERIALS SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN MANATEE COUNTY, FLORIDA, USA FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE OFFERINGS OR MATERIALS. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
Relation to Other Agreements; Changes to the Agreement.
Media LLC may operate, individually or jointly with third parties, other Web sites, products, or services that incorporate the Offerings or Materials. Also, Media LLC may provide its Offerings on Web sites operated and owned by third parties. These other Web sites, products, or services may operate under a different user agreement than the Offerings (the terms and conditions of other such user agreements are not affected in any way by this Agreement nor is this Agreement affected by such other user agreements). We encourage you to review applicable policies and agreements when you visit any Web site or use any product or service, including this Web site.
In the event that an Offering is governed by its own terms of service and user agreement, that terms of service and user agreement shall supersede this Agreement to the extent that they are inconsistent.
Media LLC reserves the right to revise this Agreement at any time by posting a revised Agreement on this Web site or making such revised Agreement available through the Offerings. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Web site or being made available through the Offerings. Your use of the Offerings following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use the Offerings to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of the Offerings or Materials.
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