| JustAskBoo Terms of Use Please read the following "Terms of Use" relating to your use of the JustAskBoo services, which are comprised of various webpages, electronic newsletters, and e-mails ("JustAskBoo") all of which are operated and owned by JustAskBoo LLC ("JAB"). By accessing or use of JustAskBoo, you are deemed to have agreed to and accepted all the terms and conditions in these Terms of Use. JAB reserves the right to modify these Terms of Use at any time without notice to you. You should check this Terms of Use periodically for changes. By using JustAskBoo after the posting of any changes to this Terms of Use, you agree to such changes, and acknowledge that you have reviewed them. If at any time you choose not to accept these Terms of Use, please do not access or otherwise use JustAskBoo. Description of JustAskBoo JustAskBoo provides its subscribers with the ability to exchange information with, and help out other subscribers. JustAskBoo may be used to share and advertise a variety of personal and business goods and services for sale, trade, or otherwise with other subscribers. JustAskBoo content is provided by its subscribers and therefore content appearing on JustAskBoo does not necessarily reflect the views of JAB, and JAB does not assume responsibility or liability for any content found on JustAskBoo, nor for any claims, damages or losses resulting from any use of JustAskBoo or its content. Use of JustAskBoo content is at one's own risk. JustAskBoo is provided on an "AS-IS" basis. JAB assumes no responsibility for the timeliness, deletion, mis-delivery, failure to store, mis-direction or improper display of any subscriber's communication or settings. Registration Obligations In order to use JustAskBoo, which includes the ability to receive the electronic newsletter and access the Treasure Chest, subscribers are required to register and provide certain information. While JustAskBoo is a free service, access to the Treasure Chest is a paid service. You may create an account to access and use certain services and other features on the Site. You agree to provide only true and correct information in establishing your account. You are responsible for all activities conducted using your account and are solely responsible for safeguarding your password and other access information. You will notify us immediately if you believe the security of your account has been compromised. You may not use the account of another user without the other user's prior authorization. Links These Terms of Useapply only to JustAskBoo, and not to any other site, service, or company. JustAskBoo may contain links to other websites. Such websites are not under the control of JAB and JAB is not responsible for the availability of such website to which JustAskBoo may link to. JAB does not endorse or take responsibility for the content, advertising, products or other materials made available through any other website. Under no circumstances will JAB be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any other site. You should direct any concerns to that website's administrator or webmaster. Subscriber Conduct JustAskBoo provides its subscribers with ways to communicate with other subscribers. Your access to JustAskBoo is based upon the premise that you will use JustAskBoo only for legal and appropriate uses. You acknowledge and agree that JAB may suspend or deny you access to all or part of JustAskBoo without prior notice, if you engage in any conduct or activities that JAB, in its sole discretion, believes violates any of the terms and conditions set forth herein, violates the rights of JAB or a third party, or is otherwise inappropriate. In addition, you further agree that you will not: - Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any content, or post a link to an external site, which is inappropriate, profane, defamatory, libelous, infringing, obscene, indecent, offensive, disrupting, or insulting, or which relates to an unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Damage, disable, overburden or impair any aspect of JustAskBoo, or interfere with any other subscriber's use and enjoyment of JustAskBoo
- Advertise or offer to sell or buy any goods or services for any business purpose, unless JustAskBoo specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Violate any code of conduct or other guidelines which may be applicable for any particular JustAskBoo service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate, intentionally or unintentionally, any applicable laws or regulations.
JAB has no obligation to monitor or screen JustAskBoo or the content contained within JustAskBoo, and JAB makes no representation or warranty with respect to the veracity, reliability, or completeness of any information found on JustAskBoo. However, JAB reserves the right to review materials posted or provided to JustAskBoo and to modify or remove any content in its sole discretion. JAB reserves the right to edit, refuse to post or to remove any content or materials, in whole or in part, in JAB's sole discretion. Submission of Content JAB does not claim ownership in or to any of the content you provide to JustAskBoo. However, by submitting content, of type, to JustAskBoo, you grant (or warrant that the owner of such rights has expressly granted) JAB a perpetual, nonexclusive, world-wide, royalty free license to use your content in any way in connection with JustAskBoo, including the ability to use, copy, display, distribute, transmit, modify, edit, reformat, and reproduce your content, including any questions, comments, and postings, in their original or edited form, in articles, commentaries, or in any other medium now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You acknowledge that neither you nor anyone else is entitled to any compensation for such use or display. No Resale You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of JustAskBoo, any content displayed on JustAskBoo, the use of JustAskBoo, or access to JustAskBoo. Dealings with other Subscribers Interactions or business dealings that you conduct with businesses or other subscribers including promotions, payments, warranties, and other terms and conditions are solely between you and such other business or subscriber. You agree that JAB is not responsible or liable for any loss or damage of any type of dealing with such persons. Termination JAB may terminate, modify, or temporarily discontinue JustAskBoo at any time. You agree that JAB will not be liable for any termination, modification, or temporary discontinuance of JustAskBoo. JAB reserves the right to terminate your access to any part of or all of JustAskBoo at any time without notice for any reason whatsoever. Upon any such termination all right to access the Site and the Service shall be terminated and your account will be deactivated. Copyright Complaints JAB respects the intellectual property rights of others and require that anyone who uses JustAskBoo do the same. In appropriate circumstances, JAB will terminate the registration of any subscriber who is responsible for repeat acts of copyright infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to JAB's designated copyright agent. If you believe that materials posted to or included in JustAskBoo have been copied in any way that constitutes copyright infringement, please provide the information requested below. Please not that this procedure is exclusively for notifying JAB that copyrighted materials have been infringed. Accordingly, all other inquiries will not receive a response. When providing notice, please provide the following information: - An electronic or physical signature of the person authorized to act on behalf of the copyrighted work that you believe is being infringed;
- A description of the copyrighted work you claim has been infringed;
- A description of where the allegedly infringed work is located on or in JustAskBoo;
- Your name, address, and e-mail address;
- A statement by you about why you believe in good faith that the use of the copyrighted material is not authorized by the copyright owner, its agent, or by law.
- The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is Zamek, Province P., 1505 Ferdinand St., Coral Gables, FL 33134.
The Treasure Chest In order to access the Treasure Chest, you must use the password issued to you by JAB or as you created during registration. You may not transfer the password to any third party, and you may not permit anyone other than you to access or use JustAskBoo, including the Treasure Chest, by using your password. You may not utilize the password of another subscriber. You are solely responsible for maintaining the privacy and confidentiality of your password and registration information. You agree to notify JAB if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your password, whether or not you are the individual who undertakes such activities. If at any time you fail to pay for your access to the Treasure Chest, you will no longer be authorized to access the Treasure Chest and your password will be disabled until such time you resume paying for access to the Treasure Chest. Termination of your access to the Treasure Chest for failure to pay will not affect your ability to receive the electronic newsletter. Disclaimers JAB AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND LICENSEES MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF (1) ANY CONTENT CONTAINED ON OR IN JustAskBoo, INCLUDING WITHOUT LIMITATION, THE CONTENT THE ELECTRONIC NEWSLETTERS, (2) ANY THIRD PARTY WEBSITE OR INFORMATION ACCESSED THROUGH JustAskBoo, OR (3) ANY THIRD PARTY INFORMATION, PRODUCTS OR SERVICES APPEARING ON OR IN JustAskBoo. JAB DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTY PROVIDERS. JAB IS NOT A PARTY TO ANY TRANSACTION BETWEEN SUBSCRIBERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, JustAskBoo AND THE CONTENT CONTAINED THEREIN IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. JAB DOES NOT WARRANT OR REPRESENT THAT CONTENT MADE AVAILABLE BY JUSTASKBOO IS SUITABLE FOR CHILDREN UNDER 18 AND, THEREFORE, JAB STRONGLY RECOMMEND THAT YOU MONITOR YOUR CHILD'S USE OF JUSTASKBOO. Limitation of Liability JAB AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND LICENSEES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, INABILITY TO GAIN ACCESS TO OR USE THE SERVICE, LOSS OF DATA, INCOME OR PROFITS), REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY JAB AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, AND LICENSEES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF AMOUNT PAID BY YOU TO JAB, IF ANY, AND ONE HUNDRED DOLLARS ($100.00). THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE COMMUNICATION SERVICE IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT JAB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES REGARDING YOUR USE OF THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF JustAskBoo, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING JustAskBoo. Indemnification You agree to defend, indemnify and hold JAB and its respective licensors, representatives, officers, directors, and employees harmless from all liabilities, claims, costs, and expenses, including attorneys fees that related to or arise out of in any way to your or that of anyone using your password's use of JustAskBoo, your posting, downloading or transmission of all content, or from your violation of applicable law. No Personal Advice The content contained in or made available through JustAskBoo (including but not limited to content made available through the electronic newsletter or the Treasure Chest) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. JAB nor its affiliated companies or any of its licensors or suppliers make any representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through JustAskBoo. JAB shall not be liable whatsoever in connection with any such information contained or made available through JustAskBoo, including without limitation any damages for your reliance on or use of any such information. Proprietary Rights All other rights, title and interest in names, terms, logos, slogans, images and other indicia identifying JAB's services mentioned herein are proprietary marks belonging to JAB. The names of companies and products not owned by JAB and mentioned herein may be the trademarks of their respective owners. Any use of the trademarks belonging to JAB, or any third party, without the express written permission of the respective trademark owner is strictly prohibited. Any rights not expressly granted herein are reserved. Privacy Policy JAB is committed to protecting your privacy and security and have explained in detail the steps taken to do so. Please read the Privacy Policy for more information on how we collect and use user information. The privacy policy can be accessed by clicking the Privacy Policy link in the footer of the main portal. Governing Law These terms will be governed by and construed in accordance with the State of Florida, United States of America. Accordingly, the laws of the State of Florida, USA, will be used exclusively to construe, govern, and enforce these terms, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the Florida State Courts or in Federal Courts in the Southerndistrict of Florida and you consent to boo@justaskboo.com. Injunctive Relief In the event you breach or threaten breach of these Terms of Use, you acknowledge and agree that JAB will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, JAB may apply to any court of competent jurisdiction in the United States or any other jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether JAB will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding JAB's rights to relief in either law or equity. Disclosure You acknowledge and agree that JAB has the right to monitor JustAskBoo from time to time and to disclose any information, including your personal information, as necessary or appropriate to satisfy any law, regulation or other governmental request, or to protect itself or its subscribers. JAB will not knowingly or intentionally monitor or disclose private electronic-mail message unless required by law. You acknowledge that JAB will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, JAB will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. Miscellaneous If any of these Terms or Use is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms of Use, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement relating to the subject matter it contains. These Terms of Use may be modified only by posting of changes to these Terms of Use, or by a writing signed by you. Failure to enforce any portion of these Terms of Use in any instance does not amount to a waiver of the right to enforce such portion in the future. Any inquiries concerning these Terms of Use should be directed to boo@justaskboo.com. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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