The website, all third party linked sites, and all services, content and materials provided in the website, are provided to you on an “as is, with all faults” basis, and your use of such websites, services, content and materials is at your own risk. EBPE disclaims all warranties whether express or implied including without limitation the warranty of merchantability, fitness for particular purpose, title, infringement, and quiet enjoyment.
Limitation of liability
In no event will EBPE, any of its strategic partners, providers, affiliates, vendors, including their respective officers, directors, employees or representatives, be liable for any indirect, incidental, special, consequential, reliance, compensatory, or punitive damages or damages resulting from lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the site, the services available on the site, mobile applications or any websites linked to the website, the materials or information contained in the website or the foregoing limitations of liability constitute a fundamental basis of this TOU and EBPE would not have permitted you to use the website or the services absent such limitations.
As a customer of the services including any feature on this website, you agree to use the services and the website only for lawful purposes. Use of the website or the services for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the services or the site to:
– Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
– Threaten, harass, defame, embarrass or distress any other person or group;
– Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner’s consent;
– Use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic;
– Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or similarly tortuous or otherwise objectionable material;
– Post, send or relay any unsolicited advertising;
– Post or send any chain letters or pyramid schemes;
– Post or send any fraudulent or misleading offers of products, items, loans, or other services;
– Post any misleading, inaccurate or fraudulent information;
– Post any duplicative or unsolicited messages;
– Harvest or otherwise collect information about others, including e-mail addresses, without their consent; 12. Create a false identity or forged e-mail address or attempt to mislead others as to the identity of the sender or the origin of the message;
– Attempt to gain unauthorized access to the services, other accounts, computer systems or networks connected to the website.
EBPE may terminate your access to this website and to the services at any time without notice in its sole discretion. We possess the right to refuse service at any time. In the event of a termination, the links to third-party sites, general disclaimer, limitation of liability, prohibited uses, proprietary rights, indemnity, applicable laws, and general terms sections set forth in this TOU shall survive. Users who violate this TOU may additionally incur criminal and/or civil liability. EBPE may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.
Proprietary rights software
You acknowledge and agree that the website and any EBPE software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the website interface or telephone access numbers and email addresses that may be provided by EBPE for use in accessing the service.
The trademarks appearing on the site, including those of EBPE, are the property of their respective owners. EBPE’ trademarks may not be used without the express written permission of EBPE. The design and layout of the website is protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the website may be copied or retransmitted unless expressly permitted by EBPE. Other product and company names mentioned on the site may be the trademarks of their respective owners.
All materials on the site are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. EBPE’s materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without EBPE’s express written permission except that you may download one copy of the content for your personal, non-commercial use, provided that all copyright and proprietary notice are displayed on such downloaded content. All rights not expressly granted herein are reserved by EBPE. If you are aware of any copyright violations on the site, please contact us at firstname.lastname@example.org.
You agree to indemnify, defend and hold harmless EBPE, its telecommunications providers and service providers, and each of their subsidiaries, affiliates, officers, directors, shareholders, beneficiaries, members, partners, employees, consultants, attorneys and agents and their respective successors and assigns, if any, from and against all claims, actions, losses, liabilities, damages, costs and expenses (including, but not limited to, attorney’s’ fees and costs) arising from or relating to your use of the website or the services, any content you post or send, forward, or relay either to EBPE or by use of the website or the services or the site, your violation of the TOU, or your alleged infringement of any intellectual property or other right of any person or entity.
2747 NW 30th Avenue Lauderdale Lakes, FL 33311
All notices to a party shall be in writing and shall be made either via e-mail or U.S. Mail. Notice shall be deemed given 24 hours after an e-mail that is not returned to the sender is sent, or 3 days after deposit in the U.S. Mail, to you at the address provided by you upon registration and to EBPE at the address set forth above.
Changes to site and services
EBPE reserves the right to change, suspend or discontinue any aspect of the website or the services at any time, including the availability of any of the site features, delivery services, databases or content. EBPE may also impose limits on features or restrict access to parts of the website.
Both you and EBPE agree that the statutes and laws of Florida, without regard to the conflicts of laws principles, will govern all matters relating in any way to this TOU or to your use of the site. EBPE makes no representation that materials on the site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the site from outside the state of Florida do so on their own initiative and are responsible for compliance with local laws.
This agreement is personal to you, and you may not assign your rights or obligations to anyone.
If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. EBPE’ failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. The TOU constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOU will be effective only if unambiguously made in writing and signed by EBPE.