TERMS AND CONDITIONS
The following terms and conditions ("Terms and Conditions") govern your use of this Web site, and by accessing, viewing, or using the material on the Web site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the Web site and should exit immediately.
1. Proprietary Rights.
All material contained in this Web site is protected by law, including but not limited to, United States copyright law. Except as indicated, CUNDY, Inc. ("CUNDY") is the owner of the copyright in the entire content (including images, text and look and feel attributes) of www.cundy.com and reserves all rights in that regard. Removing or altering the copyright notice on any material on the Web site is prohibited. CUNDY also owns a copyright in this Web site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Web site content. Any commercial use of the Web site content is prohibited without the prior written consent of CUNDY. Except as indicated, Cundy owns all trademarks, service marks or other logos featured on the Web site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. Please be advised that Cundy actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
2. No Medical Services or Advice
The information contained in this Web site is general in nature and is not a substitute for professional health care. If you have specific health care needs, you should consult an appropriate health care professional.
3. Content and Links to Other Web Sites
Any information available through this Web site, but not identified as being prepared by Cundy, (including information accessed through a Web site referenced or linked from this Web site), is provided for your information and convenience only. Cundy has not evaluated and does not guarantee the accuracy or completeness of any such information, and such information is not endorsed by Cundy.
4. Privacy Statement
Cundy strives to protect control of this Web site, within the constraints of current Internet technology. You must be aware, however, that it is possible that third parties may obtain unauthorized access to this Web site. You agree to use this Web site and submit information at your own risk. You agree that Cundy has no liability with respect to any unauthorized access by third parties.
5. Disclaimer of Warranty and Liability.
USE OF THIS WEB SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER CUNDY NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE WEB SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CUNDY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CUNDY TO YOU EXCEED THE PRICE PAID FOR USE OF THE WEB SITE.
You agree to defend, indemnify, and hold harmless Cundy, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.
7. Governing Law and Jurisdiction.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without reference to its choice of law rules. By accessing, viewing, or using the material on the Web site, you consent to the jurisdiction of the federal and state courts presiding in Miami, Florida, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Web site is controlled and operated by Cundy from its offices within the United States. Cundy makes no representation that materials in the Web site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Web site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
8. Integration and Severability.
These Terms and Conditions constitute the entire agreement between you and Cundy with respect to your use of the Web site. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Site, Cundy has relied on your agreement to be legally bound by these Terms and Conditions.