4Sarasota.Com ("4Sarasota Website") AGREEMENT
BETWEEN 4Sarasota.com ("4Sarasota Website") AND USER
Your use of the 4Sarasota Website is conditioned on your acceptance without modification of the terms and conditions contained herein. Your access and use of the 4Sarasota Website shall be deemed to indicate your acceptance of all such terms and conditions.
PROPRIETARY RIGHTS NOTICES
All contents of the 4Sarasota Website are: Copyright © Dan Kriwitsky,
("4Sarasota.Com"), and/or Independent Providers of Content ("ICPs"),
105 Yacht Harbor Dr. Osprey, FL 34229 U.S.A. All rights reserved.
CONTENT
You acknowledge that: (i) The 4Sarasota Website contains information, communications,
software, photos, video, graphics, music, sounds, and other material and services
(collectively "Content"); (ii) Such Content is provided under license by ICPs,
other users, 4sarasota.Com and its affiliates; (iii) At minimum, 4Sarasota.Com owns a
copyright in the selection, coordination, arrangement, and enhancement of such Content;
(iv) 4Sarasota.Com permits access to Content that is protected by copyrights, trademarks,
and other intellectual and proprietary rights ("Rights"); (v) These Rights are
valid and protected in all media and technologies existing now or later developed; and
(vi) Except as explicitly provided otherwise, this Agreement, applicable copyright and
other laws govern your use of Content.
Each user must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. 4Sarasota.Com does not pre-screen Content as a matter of policy: however 4Sarasota.Com, its affiliates, and ICPs shall have the right, but not the responsibility, to remove Content that they deem harmful, offensive or otherwise in violation of this Agreement. Accordingly, you acknowledge that neither 4Sarasota.Com, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by 4Sarasota.Com or its affiliates, or any ICP, with respect to Content on, or Content changes within, 4Sarasota Website. You also agree and accept that as new products become available on or through 4Sarasota Website, your use of these products is subject to this Agreement.
Framing
You may not frame our site or incorporate any of our material
into another web site via frames or any server side means of obtaining content from this
domain.
USE OF INFORMATION
You agree to use the 4Sarasota Website only for personal, non-commercial, lawful purposes.
Accordingly, you may not: (1) post, transmit, or promote any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially,
ethnically or otherwise objectionable Content; (2) harass, threaten, embarrass, or cause
distress, unwanted attention or discomfort upon another user of the 4Sarasota Website or
other person or entity; (3) post, transmit, promote, link, or facilitate the distribution
of sexually explicit or other Content which is deemed by 4Sarasota.Com to be offensive; (4)
Upload files that contain software or other material protected by Intellectual Property
laws or other applicable laws unless the user owns or controls the rights thereto or has
received all necessary consents; (5) Upload files that contain corrupted files, viruses or
any other similar software files the intent of which is to damage the operation of
another's computer; (6) post or transmit, or cause to be posted or transmitted, chain
letters or pyramid schemes; (7) post or transmit, or cause to be posted or transmitted,
any unsolicited advertising, promotional materials, or other forms of solicitation to
other users, individuals or entities, except in those areas that are expressly designated
for such a purpose (e.g., the classified areas), or collect or harvest screen names of
other users, without permission; (8) Falsify the origin or source of software or other
material contained in a file that is uploaded; (9) violate any operating rule, policy or
guideline of any other interactive service, including, but not limited to, the operating
policies of the International Areas; (10) intentionally or unintentionally violate any
applicable local, state, national, international or foreign law, including, but not
limited to, any rules or regulations having the force of law; or (11) modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products or services obtained
from the 4Sarasota Website.
REVIEWS
Reviews on 4Sarasota.com are submitted for guidance only by members of the
general public. Reviews are not necessarily the opinions of the 4Sarasota.com
editor or company and are not intended to be defamatory. 4Sarasota.com
unreservedly regrets any offence caused by any review and a right to reply is
offered, if necessary, on the relevant web pages.
This information is designed to provide information in regard to the subject
matter covered. The author and publisher shall have neither liability nor
responsibility to any person or entity with respect to any loss or damage
caused, or alleged to be caused, directly or indirectly by the information
contained here. While every effort has been taken to ensure that all details are
correct, the publishers cannot accept any responsibility for the accuracy of
information contained on 4Sarasota.com's pages, nor for the consequences of any
actions taken or not taken as a result of this information. Listing of a
company, service, or product on this Web site does not in any way imply
endorsement.
WARRANTY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE 4Sarasota Website IS AT YOUR SOLE RISK. THE
4Sarasota Website AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. IN NO EVENT SHALL 4Sarasota.Com AND/OR ITS ICPS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF THE 4Sarasota Website OR WITH THE DELAY OR
INABILITY TO USE THE 4Sarasota Website. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH STATES OR JURISDICTIONS, 4Sarasota.Com'S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. 4Sarasota.Com DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR
SERVICE OFFERED THROUGH THE 4Sarasota Website, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND
WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.
INDEMNIFICATION
User agrees to defend, indemnify and hold harmless 4Sarasota.Com, its affiliated companies,
its employees, contractors, officers, directors and ICPs from all liabilities, claims and
expenses, including attorneys fees, that arise from your use of the 4Sarasota Website.
4Sarasota.Com reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you hereunder. In such
event, you shall have no further obligation to provide indemnification for such matter.
Under no circumstances is any unsolicited email or Spam to be sent to 4sarasota.com. No 4sarasota.com email addresses are publicly listed. Sending Spam to 4sarasota.com to any email address at this domain without the prior approval of 4sarasota.com / Dan Kriwitsky is subject to a storage charge of $50 per message. Sending email to 4sarasota.com constitutes acceptance of these terms. A contact form is provided on the web site for initial contacts. Of course, replies to email sent, are welcome. The lack of a reply to such a contact should not be construed as permission to send a follow-up email. If you obtain a 4sarasota.com email address, and send unsolicited commercial or other email, you agree to pay the above listed storage charge. 4sarasota.com will make Spam complaints to the ISP or web host of any company sending such messages.