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Terms of Use
These Terms were last updated on 02/29/2012. This Terms of Service Agreement (the "Agreement") is a legal agreement that governs your relationship with Limofinds.com, (the "Company"), use of the limofind.com, and related websites associated with Limofind.com.
The goal of Limofind.com is to provide our audience access to our extensive selection of limousine services, in other words, connect people looking for limousine services with limousine companies looking for customers. To ensure a safe and reliable environment for all of our users, please carefully read our terms and conditions; then you will know what you can expect from us and what we expect from you.
BY ACCESSING ANY AREAS OF www.limofind.com YOU AGREE TO BE LEGALLY BOUND, AND TO ABIDE BY, THESE TERMS OF USE. If you do not agree to this Agreement, please do not use the Services. The terms and conditions of this Agreement, along with such additional terms and conditions, will be referred to as the "Terms". The Company reserves the right, at its discretion, to change, modify, add, or remove portions of any of the Terms at any time. Please check the Terms periodically for changes.
Ownership and Trademarks
www.limofind.com the listed trademarks are owned by www.limofind.com. All other 3rd party trademarks, product names, and company names and logos appearing on this web site are the property of their respective owners.
Disclaimers and Limitation of Liability - No Warranty or Guarantees apply
YOU EXPRESSLY AGREE THAT USE OF LIMOFIND.COM IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT LIMOFIND.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LIMOFIND.COM, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH LIMOFIND.COM.
LIMOFIND.COM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING LIMOFIND.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE LIMOFIND.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM LIMOFIND.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH LIMOFIND.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Members Rights
In this Agreement, limofind.com will refer to the limousine company and all of their affiliates, agents, employees, representatives and subcontractors as "member", the visitor, potential customer or customer, as “visitor” and to the Company and its employees and agents as "we", "us", "Company" or "Limofind.com." References herein to sites include any and all sites now, or hereafter, owned or operated by us. These
1. Upon your registration, you choose your own log-in user name and password to access our services through Limofind.com. 2. Company reserves the right, but not the obligation, to remove any member if Limofind.com determines (in its sole discretion) any of the following (but not limited to): A. Services presented do not match the services offered by Limofind.com. B. Multiple membership accounts have been set up by the same company. C. limofind.com considers the member not to be a legitimate, established limousine company. D. Language that violates the standards of good taste or the standards of this Site. E. Statements that are or appear to be false. F. Falsified, inaccurate, misleading or fabricated information entered by the member relating to the member’s company. G. If limofind.com is unable to contact the member by phone and email. H. Usernames that violates the standards of good taste or the standards of this Site. I. Member profiles that violates the standards of good taste or the standards of this Site. J. Member profiles which contain information other than in text format; including but not limited to URL links, meta tags, images, etc. K. If the web address (URL) the member supplied poses a danger to any users of Limofind.com. L. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, hate speech (e.g., racist/discriminatory speech) or references to illegal activity. M. Profiles or member details that are or appear to be false. N. Profiles referencing a different limousine company. 3. All new members are accepted in a ‘pending’ status. Limofind.com reserves the right to fully review the information supplied and determine its sole discretion, whether to activate or deny membership. If membership is denied, the denied member may receive an explanation by sending a written request to infos@limofind.com. 4. Limofind.com reserves the right to limit the number of members in a specific geographic area. 5. YOUR USE OF OUR SERVICES. members acknowledge and agree that member use of the Company services is for acquiring leads and advertising purposes. You agree that all of the content and information posted on the Limofind.com, including but not limited to site content, member listings, our limousine member profiles ratings & reviews (including any ratings and reviews or other content posted by visitors), is the sole and exclusive property of Limofind.com, and that you have no right to reproduce, post, publish, or otherwise use such information. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Limofind.com for any such damages, and will indemnify Limofind.com in the event of any third party claims against Limofind.com based on or arising from your violation of the foregoing. We reserve the right to revoke your access and membership to Limofind.com and our services at any time. All information about visitors is confidential and for your personal use only. If it is determined or suspected by Limofind.com in its sole discretion that you are misusing or attempting to misuse or circumvent Limofind.com Services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Company reserves the right, in its sole discretion, to immediately teminate your membership and initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO COMPANY NAME, CONATCT NAME, PHONE NUMBER, WEB ADDRESS, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO LIMOFIND.COM. ITS OTHER MEMBERS, AND TO VISITORS AND CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A MEMBER ACCOUNT, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S COMPANY NAME, CONTACT NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS, WEB ADDRESS, OR PHONE NUMBER OR A RANDOM OR MADE UP COMPANY NAME, ADDRESS, CONTACT NAME, WEB ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO LIMOFIND.COM AND EACH VISITOR WHO SEEKS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $25,000 TO LIMOFIND.COM AND EACH OF THE VISITORS REQUESTING YOUR SERVICE AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER. 6. Members agree that they will not use the Web Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose. The provisions of these Terms of Use are for the benefit of the Company, its Affiliates and the Web Site Providers, Merchants, and Sponsors, and each shall have the right to assert and enforce such provisions directly against the violator on its own behalf.
Visitors Rights
1. Upon entering your information (visitor) and the request for which you would like limousine service, we will provide you with a list of limousine companies in your area, if any, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a limousine company or that there are limousine companies in your area that either are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed limousine companies, we make no guarantees or representations regarding the skills or representations of such limousine company or the quality of the service that he or she may perform for you if you elect to retain their services. We does not endorse or recommend the services of any particular limousine company. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a limousine company, and we do not guarantee or warrant their performance or the outcome or quality of the services performed. The limousine companies are not employees or agents of Limofind.com, nor is Limofind.com an agent of the limousine companies. Limofind.com does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with limousine companies are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any limousine company, you must address such dispute with the limousine company directly, AND YOU HEREBY AGREE TO RELEASE LIMOFIND.COM (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE COMPANY'S SERVICES) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH LIMOUSINE COMPANIES. 2. YOUR USE OF OUR SERVICES. You acknowledge and agree that your use of the Company services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the Limofind.com, including but not limited to site content, member listings, our limousine members’ profiles ratings & reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of Limofind.com, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Limofind.com for any such damages, and will indemnify Limofind.com in the event of any third party claims against Limofind.com based on or arising from your violation of the foregoing. We reserve the right to revoke your access to Limofind.com and our services at any time. All information about limousine companies is confidential and for your personal use only. If it is determined or suspected by Limofind.com in its sole discretion that you are misusing or attempting to misuse or circumvent Limofind.com Services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Company reserves the right, in its sole discretion, to immediately initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO LIMOFIND.COM AND ITS LIMOUSINE COMPANY MEMBERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO LIMOFIND.COM AND EACH COMPANY SERVICEMEMBER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $25,000 TO LIMOFIND.COM AND EACH OF THE AFFECTED LIMOUSINE MEMBERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
CONTENT
Compliance with Laws and Export Regulations
You agree to use the Content and this Web Site in compliance with all applicable laws, rules and regulations and in a manner that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company or any of its Affiliates, officers, directors, employees, agents, third-party service or content providers, merchants, sponsors, partners, members, visitors or the like (collectively, “associates”).
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from the Web Site to either a foreign national or a foreign destination in violation of such laws.
The Company's Rights
The Company is not responsible for screening, policing, editing, or monitoring Content (including User Submissions). The Company (or its Affiliates) may elect, but is not obligated, to monitor, electronically or otherwise, areas of the Web Site and may disclose any Content (including User Submissions), records, or electronic communication of any kind and information you provide to the Company or its Affiliates, through the Web Site or otherwise (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate the Web Site; or (iii) to protect the rights or property of the Company, users of the Web Site, Affiliates, subscribers, visitorss, recipients, Sponsors, Providers, members, or Merchants.
The Company reserves the right to prohibit or remove conduct, communication, or Content (including memebr and visitor Submissions) that it deems in its sole discretion to be harmful to members or visitors of the Web Site, subscribers, customers, recipients, Providers, Merchants, Sponsors, or members, content or service providers, the Company or its Affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company, nor its Affiliates, Providers, Merchants, or Sponsors, can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither the Company, nor its Affiliates, nor any of their respective officers, directors, employees, agents or employees, nor any Provider, Merchant, or Sponsor, shall assume liability for any action or inaction with respect to conduct, communication, or Content (including member and visitor Submissions) on the Web Site.
Online Conduct
Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying the Web Site will not be permitted. You agree to use the Web Site in accordance with these Terms of Use and only for lawful purposes.
Privacy Policy
We recognize and respect the importance of maintaining the privacy of our users, customers and subscribers and have established a privacy policy as a result. In our Privacy Policy, which constitutes part of these Terms of Use, we describe why we gather information from users, customers, and subscribers, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of information about you. We encourage you to carefully read our Privacy Policy. To link to our Privacy Policy click below:
Indemnity
You agree to indemnify, defend and hold harmless the Company, its Affiliates and any of their respective officers, directors, agent or employees, from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), brought by any third party alleging, arising, related or resulting from your use (or use by any third party using your account) of the Web Site in violation or breach of the Terms of Use.
Termination of Usage
The Company may terminate your access, or suspend your access to all or part of the Web Site, without notice, for any conduct that the Company, in its sole discretion, believes is a violation or breach of these Terms of Use, is in violation of any applicable law or is harmful to the interests of another user, customer, recipient, subscriber, a third-party Provider, Merchant, Sponsor, Licensor, content or service provider, the Company or its Affiliates.
Acknowledgment and Changes
This Agreement represents the entire understanding between you and the Company regarding your relationship with the Company and use of the Web Site and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by accessing any areas of the Web Site.
We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this, or any other appropriate page, and they will become effective upon the later of 1) the date specified by the Company, if any, or 2) the posting. By accessing the Web Site after changes are made to the Terms of Use and posted on the Web Site, you agree to be legally bound and to abide by the amended terms.
Company does not assume responsibility or liability for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE COMPANY SERVICES OR IN CONNECTION WITH THE SITES OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
- DISCLAIMER: COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
- GENERAL PROVISIONS. You acknowledge and agree that the Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Company's sole obligation to you or any third party for any claim arising out of your use of the Services or the Sites, is that you are free to discontinue your use of the Services or the Sites at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT COMPANY SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms will inure to the benefit of Company's successors, assigns and licensees. If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Company to exercise or enforce any right or provision of the Terms 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 the Sites or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms are governed by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely in the State of Florida and between Florida residents. You agree to submit to jurisdiction in Florida and that any claim arising under these Terms will be brought solely in a court in Tampa, Florida.
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