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By creating an account for the purposes of using the Service ("Account"), you agree to subscribe to newsletters, marketing or promotional materials and other information the Company may send, including by e-mail, SMS, text messaging, automated voicemail drops and push notifications. However, you may opt out of receiving any, or all, of these communications from the Company, at any time and upon your preference. You may opt out of receiving e-mail communications by clicking on the unsubscribe link provided in any e-mail sent by the Company and then following the affiliated instructions provided. You may opt out of receiving SMS and text messaging by replying "STOP" to any text sent by the Company. You may opt out of receiving phone calls by communicating that preference with receiving a phone call from the Company. The Company will make commercially reasonable efforts to comply with any communications from you requesting an opt out of communications.
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If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via e-mail to [email protected], with the subject line "Copyright Infringement" and include a description of the alleged Infringement as detailed below under "DMCA Notice and Procedure for Copyright Infringement Claims."
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You may submit notification of a claim of copyright infringement, pursuant to the Digital Millennium Copyright Act (DMCA), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via via e-mail at [email protected] or by mail 415 Dunlawton Avenue Port Orange, FL 32127.
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THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS SHALL NOT BE 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 ANY OTHER REASON ARISING OUT OF OR IN ANY WAY RELATED TO (1) THE USE OF OR INABILITY TO USE THE SERVICE; (2) ANY CONTENT CONTAINED ON THE SERVICE; (3) ANY STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SERVICE AND/OR WITHIN ITS CONTENT; (4) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SERVICE AND/OR ITS CONTENT; (5) ANY ACTION OR INACTION TAKEN IN RESPONSE TO OR RESULTING FROM ANY AND ALL INFORMATION AVAILABLE ON THE SERVICE AND/OR WITHIN ITS CONTENT AND ANY DAMAGE CAUSED BY LOSS OF ACCESS; (6) ANY OTHER MATTER ARISING FROM OR RELATING TO THE USE OF THE SERVICE AND/OR ITS CONTENT; (7) ANY OTHER MATTER ARISING FROM OR RELATING TO THE INABILITY TO USE OR ACCESS THE SERVICE AND/OR ITS CONTENT.
UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF THE COMPANY OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSIGNS, TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION, EXCEED THE AMOUNT PAID BY YOU FOR USING THE SERVICE OR ITS CONTENT.
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Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including, but not limited to, any failure to perform the obligations hereunder or those found in any additional terms, due to unforeseen circumstances or causes beyond the control of the Company, such as acts of God; fire; flood; earthquake; accidents; strikes; war; terrorism; governmental acts; failure of common carriers (including, but not limited to, Internet service providers and website hosting providers); and shortages of transportation facilities, fuel, energy, labor or materials.
By accessing or using the Service, you agree to be bound by these Terms, which shall be governed by, and construed in accordance with, the laws of the state of Florida, exclusive of its choice of law rules. For any Disputes deemed not subject to binding, individual arbitration, as provided in the section immediately below, you and the Company agree to submit to the exclusive jurisdiction of the state of Florida, or, if federal court jurisdiction exists, the United States District Court for the state of Florida. You and the Company agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party's rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This Section will be interpreted as broadly as applicable law permits.
Any claim or other proceedings by or between you and the Company shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree to waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction.
If any part of these Terms is deemed to be unlawful, void, or, for any reason, unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions of these Terms.
The Company may modify these Terms at any time. If, at any time, you disagree with the changes made to the Terms, you must discontinue your use of the Service and its content and forums, and if you have registered for any services through the Service, cancel your registration for such services. Your continued access or use of the Service following such notice constitutes your acceptance of the modified Terms. It is your responsibility to be aware of any such modifications to the Terms. The Company reserves the right to modify or discontinue the Service with or without notice and will not be held liable to you or any third party should the Company choose to exercise its right to modify or discontinue the Service. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE ACCESS TO AND USE OF THE SERVICE. CONTINUED ACCESS TO AND USE OF THE SERVICE AND/OR ITS CONTENT AND FORUMS FOLLOWING NOTICE OF ANY SUCH CHANGE INDICATES YOUR ACKNOWLEDGEMENT OF SUCH CHANGE AND ACCEPTANCE OF THE SERVICE AS SO MODIFIED, AND YOUR USE OF THE SERVICE AND ITS CONENTS AND FORUMS SHALL BE GOVERNED BY THE UPDATED TERMS.
If you have any questions or comments about this policy, if you need to report a problem with the Service, or if you would like to exercise one of your rights under this policy, please contact the Company at:
Kevin Kling, P.A.
415 Dunlawton Avenue
Port Orange, FL 32127
Contact Email: [email protected]
Please include in your correspondence your name, contact information, and the nature of your request so that we can respond appropriately and promptly. Please allow thirty (30) calendar days for a response to any inquiry you submit to the Company.
Last updated on 6/15/2021.