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Legal Notice
Use of this Web
site is subject to the Terms of Use, the Privacy Policy
(“Privacy”) and the Legal Statement (collectively, the
“Agreement”) set forth below, and access to this Web site is an
acknowledgement that the Agreement, as amended periodically, has
been read and accepted. If you do not agree, do not use this Web
site or download any of its contents.
Modification of Policy
We may modify this Agreement at any time. Your continued use
of this Web site constitutes your acceptance of any modification
to this Agreement in effect at the time of your access.
All changes to this Agreement will be posted on this Web
site, and we encourage you to check back from time to time to
review any updates that have been made.
Miscellaneous
If any of the terms in the Agreement is or becomes illegal,
invalid or unenforceable in any jurisdiction, that shall not
affect (a) the legality, validity or enforceability in that
jurisdiction of any other terms of the Agreement or (b) the
legality, validity or enforceability in other jurisdictions of
that term or any other term.
Limitation of Liability
In no event will EZ
Site Editor™ or A.W.S.M. be liable to you, regardless of
the form of the action or causes, for any incidental,
consequential, special or indirect damages (including, but not
limited to, damages for loss of profit, revenue, business, data
or programs or the cost of procurement of substitute services or
of service interruptions) arising out of this Agreement, even if
EZ Site Editor™ or A.W.S.M. knows or has been advised of the possibility of
such damages.
Governing
Law Arbitration
The Agreement shall be governed by and construed in
accordance with the laws of the State of Florida without
regard for principles of conflicts of laws. Any civil action,
claim, dispute, controversy or proceeding arising under this
Agreement, except for an injunctive action regarding a breach or
threatened breach of any provision of this Agreement by you as
provided above, shall be submitted to final and binding
arbitration, before a single arbitrator, under the commercial
arbitration rules of the American Arbitration Association. The
hearing situs shall be Charlotte County, Florida. The
arbitrator shall be selected by you and EZ Site Editor™ or A.W.S.M. jointly;
but, if an agreement cannot be reached on the selection of the
arbitrator within 30 days after the notice for arbitration is
served, then the arbitrator shall be selected by the American
Arbitration Association. Arbitration shall not commence until
the party requesting arbitration has deposited two thousand
dollars ($2,000.00) with the arbitrator for the arbitrator’s
costs and fees. The party requesting arbitration shall advance
such sums as are required from time to time by the arbitrator to
pay the arbitrator’s costs and fees until the prevailing party
is determined or the parties have agreed in writing to an
alternate allocation of costs and fees.
Judgment upon an award entered by an arbitrator shall be
final, binding and conclusive upon you and EZ Site Editor™ or A.W.S.M. and may
be entered in any court of competent jurisdiction.
Legal Contacts
If you have any
questions concerning the Agreement, please contact us contact us
by phone at (941) 743-2018 and reference that your call relates
to a “LEGAL INQUIRY”.
Last updated
9/9/2009
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