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This license exists only for as long as the user of the FLORIDA INVESTMENT NETWORK website elects to continue to include such Content on the Service and will terminate at the time the user of the FLORIDA INVESTMENT NETWORK website removes or DEALFLOW SOLUTIONS LTD. removes such Content from the Service. With respect to Content other than photos, graphics, audio or video the user of the FLORIDA INVESTMENT NETWORK website submits or makes available for inclusion on publicly accessible areas of the Service other than FLORIDA INVESTMENT NETWORK Message Boards or FLORIDA INVESTMENT NETWORK Groups, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the DEALFLOW SOLUTIONS LTD.'s network of properties that are intended by DEALFLOW SOLUTIONS LTD. to be available to the general public. By way of example, publicly accessible areas of the Service would include FLORIDA INVESTMENT NETWORK Message Boards and portions of FLORIDA INVESTMENT NETWORK Groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of FLORIDA INVESTMENT NETWORK Message Boards and FLORIDA INVESTMENT NETWORK Groups that are limited to members, DEALFLOW SOLUTIONS LTD. services intended for private communication, or areas off of the DEALFLOW SOLUTIONS LTD.'s network of properties such as portions of World Wide Web sites that are accessible through the DEALFLOW SOLUTIONS LTD. but are not hosted or served by the DEALFLOW SOLUTIONS LTD. The user of the FLORIDA INVESTMENT NETWORK website agrees to indemnify and hold DEALFLOW SOLUTIONS LTD., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the user of the FLORIDA INVESTMENT NETWORK website submits, posts, transmits or makes available through the Service, the use of and connection to the Service by, the user of the FLORIDA INVESTMENT NETWORK website, the violation of the TOU or of any rights of another by the user of the FLORIDA INVESTMENT NETWORK website. The user of the FLORIDA INVESTMENT NETWORK website agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, including any intellectual property rights of DEALFLOW SOLUTIONS LTD. or any person firm or corporation having posted information for availability through the Service. 11. 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The user of the FLORIDA INVESTMENT NETWORK website agrees that DEALFLOW SOLUTIONS LTD. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. The user of the FLORIDA INVESTMENT NETWORK website acknowledges that DEALFLOW SOLUTIONS LTD. reserves the right to log off accounts that are inactive for an extended period of time. The user of the FLORIDA INVESTMENT NETWORK website further acknowledges that DEALFLOW SOLUTIONS LTD. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. DEALFLOW SOLUTIONS LTD. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The user of the FLORIDA INVESTMENT NETWORK website agrees that DEALFLOW SOLUTIONS LTD. shall not be liable to the user of the FLORIDA INVESTMENT NETWORK website or to any third party for any modification, suspension or discontinuance of the Service. The user of the FLORIDA INVESTMENT NETWORK website agrees that DEALFLOW SOLUTIONS LTD., in its sole discretion, may terminate the password, account (or any part thereof) of the user of the FLORIDA INVESTMENT NETWORK website or the use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if DEALFLOW SOLUTIONS LTD. believes that the user of the FLORIDA INVESTMENT NETWORK website has violated or acted inconsistently with the letter or spirit of the TOU or the DEALFLOW SOLUTIONS LTD. Acceptable Use Policy. DEALFLOW SOLUTIONS LTD. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The user of the FLORIDA INVESTMENT NETWORK website agrees that any termination of the user's access to the Service under any provision of this TOU may be effected without prior notice, and acknowledges and agrees that DEALFLOW SOLUTIONS LTD. may immediately deactivate or delete the user's account and all related information and files in the user's account and/or bar any further access to such files or the Service. Further, the user of the FLORIDA INVESTMENT NETWORK website agrees that DEALFLOW SOLUTIONS LTD. shall not be liable to the user of the FLORIDA INVESTMENT NETWORK website or any third-party for any termination of its access to the Service. The correspondence or business dealings, or participation in promotions of, advertisers found on or through the Service by the user of the FLORIDA INVESTMENT NETWORK website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user of the FLORIDA INVESTMENT NETWORK website and such business, promoter or advertiser. The user of the FLORIDA INVESTMENT NETWORK website agrees that DEALFLOW SOLUTIONS LTD. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such businesses, promoters or advertisers on the Service. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DEALFLOW SOLUTIONS LTD. has no control over such sites and resources, the user of the FLORIDA INVESTMENT NETWORK website acknowledges and agrees that DEALFLOW SOLUTIONS LTD. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The user of the FLORIDA INVESTMENT NETWORK website further acknowledges and agrees that DEALFLOW SOLUTIONS LTD. 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. 16. 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DEALFLOW SOLUTIONS LTD. grants the user of the FLORIDA INVESTMENT NETWORK website a personal, non-transferable and non-exclusive right and license to use the Service; provided that the user of the FLORIDA INVESTMENT NETWORK website does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the FLORIDA INVESTMENT NETWORK website, the Software or the Content. The user of the FLORIDA INVESTMENT NETWORK website agrees not to modify the Software in any manner or form, or to use modified versions of FLORIDA INVESTMENT NETWORK website, the Software or the Content, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The user of the FLORIDA INVESTMENT NETWORK website agrees not to access the Service by any means other than through the interface that is provided by DEALFLOW SOLUTIONS LTD. for use in accessing the Service. The user of the FLORIDA INVESTMENT NETWORK website expressly understands and agrees that: a) Its use of the Service is at its sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. DEALFLOW SOLUTIONS LTD. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b) DEALFLOW SOLUTIONS LTD. makes no warranty that (i) the service will meet the requirements of the user of the FLORIDA INVESTMENT NETWORK website, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the user of the FLORIDA INVESTMENT NETWORK website through the service will meet its expectations, and (v) any errors in the Software will be corrected. c) Any material downloaded or otherwise obtained through the use of the Service is done at the sole discretion and risk of the user of the FLORIDA INVESTMENT NETWORK website and that it will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material. d) No advice or information, whether oral or written, obtained by the user of the FLORIDA INVESTMENT NETWORK website from DEALFLOW SOLUTIONS LTD. or through or from the Service shall create any warranty not expressly stated in the TOU. e) It waives any claims it now has, or in the future may have, which gives or provides the user of the DEALFLOW SOLUTIONS LTD. with any cause of action whatsoever. f) Notwithstanding any other provisions herein, user of the FLORIDA INVESTMENT NETWORK acknowledges that neither the DEALFLOW SOLUTIONS LTD. or its Contributors, nor their affiliates or representatives shall be liable to the user of the FLORIDA INVESTMENT NETWORK, for special, incidental or consequential, special, direct or indirect damages arising directly or indirectly from any occurrence whatsoever (including without limitation loss of profits, loss of business opportunity, loss of property, of any nature whatsoever), whether or not such damages were foreseeable by the DEALFLOW SOLUTIONS LTD. or its Contributors or any one of them was advised of the possibility of such damages and whether otherwise arising from any contractual, tortious acts or omissions of either party or of their respective affiliates or representatives, and whether or not it had any knowledge, actual or constructive, that such damages might be incurred for having relied on the material, information, data or the Content presented or forming part of any of the FLORIDA INVESTMENT NETWORK website, to make personal, medical, legal, tax, accounting, investment or financial decisions. g) The user of the FLORIDA INVESTMENT NETWORK accepts total responsibility for any agreement, understanding or relationship the user of the DEALFLOW SOLUTIONS LTD. enters into with any of the Contributors. Further, the user of the FLORIDA INVESTMENT NETWORK understands, acknowledges and agrees that DEALFLOW SOLUTIONS LTD., in no manner whatsoever, endorses the said Contributors or whatever proposal may be presented by such Contributors and that DEALFLOW SOLUTIONS LTD. shall not be held liable for any claims of any nature whatsoever arising or resulting from any thesis or proposal of any of the Contributors, or from any agreement, understanding, association, investment or relationship concluded, agreed, made or established between the user of the FLORIDA INVESTMENT NETWORK and any of the Contributors, of any type and for any reason whatsoever. h) The user of the FLORIDA INVESTMENT NETWORK understands, acknowledges and agrees that the FLORIDA INVESTMENT NETWORK website is designed as an educational and networking tool only, and that DEALFLOW SOLUTIONS LTD. is not engaged in rendering, nor is it representing itself as rendering legal, tax, financial, accounting, medical or other professional advice or opinions of any nature whatsoever to the user of the FLORIDA INVESTMENT NETWORK. i) The user of the FLORIDA INVESTMENT NETWORK hereby confirms that it qualifies as a "sophisticated investor" or as a "qualified purchaser" pursuant to all applicable North American legislation relating to the distribution and/or sale of securities. j) The user of the FLORIDA INVESTMENT NETWORK understands, acknowledges and agrees that it is its own responsibility to obtain independent legal, tax, financial, accounting, medical or other professional advice with respect to evaluating, agreeing, establishing and/or implementing any relationship or investment based on any of the material, information or strategies presented on the FLORIDA INVESTMENT NETWORK website. Further, it is highly recommended that the user of the FLORIDA INVESTMENT NETWORK take adequate time to review and evaluate whatever material or information received with whichever independent professional advisors the user of the FLORIDA INVESTMENT NETWORK deems appropriate. The user of the FLORIDA INVESTMENT NETWORK website expressly understands and agrees that DEALFLOW SOLUTIONS LTD. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DEALFLOW SOLUTIONS LTD. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of transmissions or data of the user of the FLORIDA INVESTMENT NETWORK website; (iv) statements or conduct of any third party on the Service; (v) any agreement, understanding or relationship the user of the FLORIDA INVESTMENT NETWORK enters into with any of the Contributors or any other person or entity with whom it has been put in contact through the FLORIDA INVESTMENT NETWORK website; or (vi) any other matter relating to the Service. 19. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to the user of the FLORIDA INVESTMENT NETWORK website. 20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If the user of the FLORIDA INVESTMENT NETWORK website intends to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, it is hereby urged to read the above Sections 17 and 18 again. These Sections apply with absolute rigor to the user of the FLORIDA INVESTMENT NETWORK website. In addition, for this type of information particularly, the phrase "LET THE INVESTOR BEWARE" is paramount. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. DEALFLOW SOLUTIONS LTD. and its service providers and suppliers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any strategy, trading or investment decisions made based on such information. Notices to the user of the FLORIDA INVESTMENT NETWORK website may be made via either e-mail, fax or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to the user of the FLORIDA INVESTMENT NETWORK website generally on the Service. DEALFLOW SOLUTIONS LTD., the FLORIDA INVESTMENT NETWORK logo, the FLORIDA INVESTMENT NETWORK design, and the FLORIDA INVESTMENT NETWORK stylized, trademarks and service marks, and other DEALFLOW SOLUTIONS LTD. logos and product and service names are trademarks of DEALFLOW SOLUTIONS LTD. (the "DEALFLOW SOLUTIONS LTD. Marks"). Without DEALFLOW SOLUTIONS LTD.'s prior permission, the user of the FLORIDA INVESTMENT NETWORK website agrees not to display or use in any manner, the DEALFLOW SOLUTIONS LTD. Marks. The TOU, the DEALFLOW SOLUTIONS LTD. subscription documentation Terms and Conditions and the DEALFLOW SOLUTIONS LTD. Acceptable Use Policy, as posted on the FLORIDA INVESTMENT NETWORK website and amended, at any time and from time to time, constitute the entire agreement between the user of the FLORIDA INVESTMENT NETWORK website and DEALFLOW SOLUTIONS LTD. and govern the use of the Service by the user of the FLORIDA INVESTMENT NETWORK website, superseding any prior agreements between the user of the FLORIDA INVESTMENT NETWORK website and DEALFLOW SOLUTIONS LTD. The user of the FLORIDA INVESTMENT NETWORK website also may be subject to additional terms and conditions that may apply when the user of the FLORIDA INVESTMENT NETWORK website uses affiliate services, third-party content or third-party software. The TOU, the DEALFLOW SOLUTIONS LTD. Acceptable Use Policy and the relationship between the user of the FLORIDA INVESTMENT NETWORK website and DEALFLOW SOLUTIONS LTD. shall be governed by the laws in force in the United States, without regard to its conflict of law provisions. The user of the FLORIDA INVESTMENT NETWORK website and DEALFLOW SOLUTIONS LTD. agree to submit to the personal and exclusive jurisdiction of the courts located within the country of United States. The failure of DEALFLOW SOLUTIONS LTD. to exercise or enforce any right or provision of the TOU, the DEALFLOW SOLUTIONS LTD. subscription documentation Terms and Conditions or the DEALFLOW SOLUTIONS LTD. Acceptable Use Policy shall not constitute a waiver of such right or provision. If any provision of the TOU, the DEALFLOW SOLUTIONS LTD. subscription documentation Terms and Conditions or the DEALFLOW SOLUTIONS LTD. Acceptable Use Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU, the DEALFLOW SOLUTIONS LTD. subscription documentation Terms and Conditions and the DEALFLOW SOLUTIONS LTD. Acceptable Use Policy remain in full force and effect. The user of the FLORIDA INVESTMENT NETWORK website agrees 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 Service or the TOU, the DEALFLOW SOLUTIONS LTD. subscription documentation Terms and Conditions and the DEALFLOW SOLUTIONS LTD. Acceptable Use Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect. |
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