ACCEPTANCE
OF TERMS
WAYOFF.COM provides this web site (the "site") to you subject
to these terms and conditions of use ("site terms"). By using
this web site in any way, you agree to comply with and be bound by all
site terms, policies and guidelines. If you do not agree to all provisions
of these site terms, do not use this web site.
MODIFICATIONS
TO THIS AGREEMENT
WAYOFF.COM reserves the right, at our sole discretion, to change, modify
or otherwise alter these terms and conditions at any time. Such modifications
shall become effective immediately upon the posting thereof. You must
review this agreement on a regular basis to keep yourself apprised of
any changes.
PRIVACY POLICY
WAYOFF.COM is not a real estate agency, and does not charge service fees
to users of the site. WAYOFF.COM is primarily funded through advertising.
You understand and agree that this site may include advertisements. See
the Privacy Policy
for more details on how WAYOFF.COM collects, uses and discloses personally
identifiable information from its users. You further acknowledge that
WAYOFF.COM may, in its sole discretion, preserve or disclose your content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary
to comply with the legal process, enforce these Terms, respond to claims
that any content violates the right of third-parties; or to protect the
rights, property, or personal safety of WAYOFF.COM, its users or the general
public.
PROPRIETARY
RIGHTS
The site contains proprietary information, such as designs, text, graphics,
images, logos, data, software, and other material that is protected by
applicable intellectual property and other laws, and you acknowledge and
agree that the proprietary information is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by WAYOFF.COM, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the site, in
whole or in part.
LIMITED LICENSE
WAYOFF.COM grants you a limited, revocable, nonexclusive, nontransferable
license to access and use the site and its content for your own personal
use. Such license is subject to these site terms and conditions, and specifically
conditioned upon the following: (a) you may only view, copy and print
portions of the site content for your own informational, personal and
non-commercial use; (b) you may not modify or otherwise make derivative
uses of the site or the site content, or any portion thereof; (c) you
may not remove or modify any copyright, trademark, or other proprietary
notices that have been placed in the site content; (d) you may not use
any data mining, robots, spiders or similar data gathering or extraction
methods (A limited exception is provided to general purpose internet search
engines); (e) you may not use the site or the site content other than
for its intended purpose; and (f) you may not reproduce, distribute or
display the site or any site content. Except as expressly permitted above,
any use of any portion of the site or site content without the prior written
permission of WAYOFF.COM is strictly prohibited and will terminate the
license granted herein.You represent and warrant that your use of the
site and the site content will be consistent with this license and will
not infringe or violate the rights of any other party or breach any contract
or legal duty to any other parties, or violate any applicable law. You
expressly agree to indemnify WAYOFF.COM against any liability to any person
arising out of your use of site content not in accordance with these site
terms and conditions. Any such unauthorized use may also violate applicable
laws, including without limitation copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated herein,
nothing in these site terms and conditions may be construed as conferring
any license to intellectual property rights. This license is revocable
at any time.
LINKS TO THIRD-PARTIES
The site may contain links to third party web sites and third party content
which are completely independent of WAYOFF.COM Your interactions with
links to third party web sites and third party content at your own risk.
WAYOFF.COM does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from third party
web sites and third party content. You further acknowledge and agree that
WAYOFF.COM shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services available
on or through any such site or resource. If there is a dispute between
participants on this site, or between users and any third party, you understand
and agree that WAYOFF.COM is under no obligation to become involved. You
should make whatever investigation you feel necessary before proceeding
with any online or offline transaction with any of these third parties.
INFORMATION
DISCLOSURE AND CONDUCT
You agree not to post, email, or otherwise make available content:
1.) that is unlawful, harmful, threatening, abusive, harassing, obscene,
pornographic, defamatory, libelous, fraudulent, invasive of another's
privacy, or is harmful to minors in any way.
2.) intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law.
3.) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships.
4.) that impersonates any person or entity or falsely states or otherwise
misrepresents your affiliation with a person or entity.
5.) that violates the Fair Housing Act by stating, in any notice or ad
for the sale or rental of any dwelling, a discriminatory preference based
on race, color, national origin, religion, sex, familial status or handicap
or violates any state or local law prohibiting discrimination on the basis
of these or other characteristics.
6.) that violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for employment
a preference or requirement based on race, color, religion, sex, national
origin, age, or disability.
7.) that is false, deceptive, misleading, deceitful, misinforming, or
contains junk mail, spam, chain letters, pyramid schemes, or unsolicited
commercial advertisement.
8.) that has corrupted data or other harmful, disruptive or destructive
files that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware. You may not use any data mining,
robots, spiders or similar data gathering or extraction methods.
WAYOFF.COM takes no responsibility and assumes no liability for any content
posted, stored or uploaded by you or any third party, or for any loss
or damage. WAYOFF.COM.is not liable for any misinformation, mistakes,
defamation, falsehoods, obscenity, pornography, libel, slander, omissions
or profanity you may encounter. WAYOFF.COM is not liable for any statements,
representations or content provided by its users in any public forum,
personal home page or third party sites. Although WAYOFF.COM has no obligation
to screen, edit or monitor any of the content posted to or distributed
through this site, WAYOFF.COM reserves the right, and has absolute discretion,
to remove, screen or edit without notice any content posted or stored
on the site at any time and for any reason, and you are solely responsible
for creating backup copies of and replacing any content you post or store
on the site at your sole cost and expense.You acknowledge, consent and
agree that WAYOFF.COM may access, preserve and disclose your content if
required to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to comply with legal process, respond
to claims that any content violates the rights of third parties, protect
the rights, property and personal safety of the public.
SUBMISSION
If you send WAYOFF.COM any submissions or creative suggestions, ideas,
posts, emails, notes, drawings, marketing concepts or other information,
these submissions shall be deemed, and shall remain, the property of WAYOFF.COM
None of the submissions shall be subject to any obligation of confidence
on the part of WAYOFF.COM WAYOFF.COM shall not be liable for any use or
disclosure of any submissions and WAYOFF.COM may edit, in its sole discretion,
such submissions for use. Without limitation of the foregoing, you hereby
assign to WAYOFF.COM all now known or hereafter existing rights to the
submissions of every kind and nature, in perpetuity, worldwide and agree
that WAYOFF.COM shall be entitled to unrestricted use of the submissions
for any purpose whatsoever, commercial or otherwise, without compensation
to the provider of the submissions. To the extent this assignment is ineffective;
you hereby grant to WAYOFF.COM a royalty-free, nonexclusive, perpetual,
unrestricted license to publish, display, transmit, perform and otherwise
use this submissions for any purpose.
COPYRIGHTS
COMPLAINTS
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify WAYOFF.COM for notice of claims of copyright
or other intellectual property infringement at CONTACT
US.
WARRANTY DISCLAIMER
YOU AGREE THAT USE OF THE WAYOFF.COM SITE AND THE SERVICE IS ENTIRELY
AT YOUR OWN RISK. THE WAYOFF.COM SITE AND THE SERVICE ARE PROVIDED ON
AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
WAYOFF.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WAYOFF.COM SITE AND THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WAYOFF.COM DISCLAIMS ANY WARRANTIES
FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WAYOFF.COM
SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WAYOFF.COM
SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRAIGSLIST DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH
THE WAYOFF.COM SITE OR THE SERVICE.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WAYOFF.COM BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WAYOFF.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE WAYOFF.COM SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE WAYOFF.COM SITE OR THE SERVICE,
FROM INABILITY TO USE THE WAYOFF.COM SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WAYOFF.COM
SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH
OR ADVERTISED IN CONNECTION WITH THE WAYOFF.COM SITE OR THE SERVICE OR
ANY LINKS ON THE WAYOFF.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WAYOFF.COM
SITE OR THE SERVICE OR ANY LINKS ON THE WAYOFF.COM SITE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNITY
You agree to indemnify, defend and hold harmless WAYOFF.COM, its owners,
operators, officers, directors, shareholders, employees, partners, equipment
and service suppliers, sponsors, agents, attorneys, representatives, subsidiaries,
affiliates, successors and assigns from all liabilities, losses, damages,
claims and expenses, including reasonable attorneys' fees and costs, whether
or not a lawsuit or other proceeding is filed, that in any way arises
out of or relates to (a) your breach or violation of these terms and conditions,
(b) your use of this site, (c) any transactions or other activities you
engage in with any third party service or equipment providers, third party
merchant sites or other third parties who you access by or through this
Site, (d) your infringement or violation of the intellectual property
or other rights of third parties, and/or (e) your negligence or willful
misconduct.
LEGAL NOTICE AND JURISDICTIONS
The terms and conditions shall be governed by and construed in accordance
with the laws of the State of Florida without regard to its rules of conflict
of laws. You and WAYOFF.COM hereby irrevocably and unconditionally consent
to submit to the exclusive jurisdiction of the courts of Broward County,
Florida, or, if under applicable Law, exclusive jurisdiction is vested
in federal courts, then of the United States of America located in the
District of Florida (collectively, the “Florida Courts”) for
any litigation arising out of or relating to the terms and conditions
and the service (and agree not to commence any litigation relating thereto
except in such courts), waive any objection to the laying of venue of
any such litigation in the Florida Courts and agree not to plead or claim
in any Florida Court that such litigation brought therein has been brought
in an inconvenient forum. If any provisions of the terms and conditions
is held by a court of competent jurisdiction to be contrary to law, then
such provisions shall be construed, as nearly as possible, to reflect
the intentions of the parties with the other provisions remaining in full
force and effect. WAYOFF.COM’s failure to exercise or enforce any
right or provision of the terms and conditions shall not constitute a
waiver of such right or provision. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or
related to use of site or the terms and conditions must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
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