Please read the following "Terms of Use" relating to your use of the Vero Beach Marketing services, which are comprised of various webpages, electronic newsletters, and e-mails ("Vero Vine") and ("Vero Beach Marketing") all of which are operated and owned by Vero Beach Marketing ("VBM"). By accessing or use of Vero Beach Marketing, you are deemed to have agreed to and accepted all the terms and conditions in these Terms of Use. VBM 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 Vero Beach Marketing 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 Vero Beach Marketing.
All posts must include a first and last name. In certain instances, posts may warrant anonymity. To request that a post be anonymous, poster must clearly indicate this request in the COMMENT TO EDITOR section provided in VV's POST website page. Posts submitted as "Anonymous" as a first and/or last name are not guaranteed anonymity. Vero Beach Marketing will not be responsible or liable for any damage or injury caused by posts that are circulated in the Newsletter with the poster's first and/or last name. Use of the information on this page is subject to the Terms of Use.
Vero Beach Marketing provides services to it's clients for promotion of their products, services and events. Vero Beach Marketing may be used to share and advertise a variety of personal and business goods and services for sale, trade, or otherwise with others. Vero Beach Marketing content is provided by its subscribers and therefore content appearing on Vero Beach Marketing does not necessarily reflect the views of VV, and VBM does not assume responsibility or liability for any content found on Vero Beach Marketing, nor for any claims, damages or losses resulting from any use of Vero Beach Marketing or its content. Use of Vero Beach Marketing content is at one's own risk. Vero Beach Marketing is provided on an "AS-IS" basis. VBM assumes no responsibility for the timeliness, deletion, mis-delivery, failure to store, mis-direction or improper display of any subscriber's communication or settings.
These Terms of Use apply only to Vero Beach Marketing, and not to any other site, service, or company. Vero Beach Marketing may contain links to other websites. Such websites are not under the control of VBM and VBM is not responsible for the availability of such website to which Vero Beach Marketing may link to. VBM does not endorse or take responsibility for the content, advertising, products or other materials made available through any other website. Under no circumstances will VBM 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.
Vero Beach Marketing provides its subscribers with ways to communicate with other subscribers. Your access to Vero Beach Marketing is based upon the premise that you will use Vero Beach Marketing only for legal and appropriate uses. You acknowledge and agree that VBM may suspend or deny you access to all or part of Vero Beach Marketing without prior notice, if you engage in any conduct or activities that VV, in its sole discretion, believes violates any of the terms and conditions set forth herein, violates the rights of VBM 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 Vero Beach Marketing, or interfere with any other subscriber's use and enjoyment of Vero Beach Marketing.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless Vero Beach Marketing 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 Vero Beach Marketing service. - Harvest or otherwise collect information about others, including e-mail addresses, without their consent. - Violate, intentionally or unintentionally, any applicable laws or regulations.
VV has no obligation to monitor or screen Vero Beach Marketing or the content contained within Vero Beach Marketing, and VBM makes no representation or warranty with respect to the veracity, reliability, or completeness of any information found on Vero Beach Marketing. However, VBM reserves the right to review materials posted or provided to Vero Beach Marketing and to modify or remove any content in its sole discretion.
VV reserves the right to edit, refuse to post or to remove any content or materials, in whole or in part, in VV's sole discretion.
VV does not claim ownership in or to any of the content you provide to Vero Beach Marketing. However, by submitting content, of type, to Vero Beach Marketing, you grant (or warrant that the owner of such rights has expressly granted) VBM a perpetual, nonexclusive, world-wide, royalty free license to use your content in any way in connection with Vero Beach Marketing, 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.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of Vero Beach Marketing, any content displayed on Vero Beach Marketing, the use of Vero Beach Marketing, or access to Vero Beach Marketing.
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 VBM is not responsible or liable for any loss or damage of any type of dealing with such persons.
VV may terminate, modify, or temporarily discontinue Vero Beach Marketing at any time. You agree that VBM will not be liable for any termination, modification, or temporary discontinuance of Vero Beach Marketing. VBM reserves the right to terminate your access to any part of or all of Vero Beach Marketing 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.
VV respects the intellectual property rights of others and require that anyone who uses Vero Beach Marketing do the same. In appropriate circumstances, VBM 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 VV's designated copyright agent. If you believe that materials posted to or included in Vero Beach Marketing have been copied in any way that constitutes copyright infringement, please provide the information requested below. Please note that this procedure is exclusively for notifying VBM 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 Vero Beach Marketing; - 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 Robert Cook 1275 US 1 #2-256 Vero Beach, Florida 32960.
VV DOES NOT WARRANT OR REPRESENT THAT CONTENT MADE AVAILABLE BY Vero Beach Marketing IS SUITABLE FOR CHILDREN UNDER 18 AND, THEREFORE, VBM STRONGLY RECOMMEND THAT YOU MONITOR YOUR CHILD'S USE OF Vero Beach Marketing.
VV 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, CONSEQUENTIAL, OR EXEMPLARY 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. SUCH LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS OR SOLD OR RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH Vero Beach Marketing, OR ANY LINKS ON Vero Beach Marketing. AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Vero Beach Marketing OR ANY LINKS ON Vero Beach Marketing. 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 VBM 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 VV, 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 VBM 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 Vero Beach Marketing, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Vero Beach Marketing.
You agree to defend, indemnify and hold VBM 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 Vero Beach Marketing, your posting, downloading or transmission of all content, or from your violation of applicable law or these Terms of Use.
The content contained in or made available through Vero Beach Marketing (including but not limited to content made available through the electronic newsletter or the Recommendations Page) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. VBM 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 Vero Beach Marketing. VBM shall not be liable whatsoever in connection with any such information contained or made available through Vero Beach Marketing, including without limitation any damages for your reliance on or use of any such information.
All other rights, title and interest in names, terms, logos, slogans, images and other indicia identifying VV's services mentioned herein are proprietary marks belonging to VV. The names of companies and products not owned by VBM and mentioned herein may be the trademarks of their respective owners. Any use of the trademarks belonging to VV, 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.
VV 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.
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 19th district of Florida and you consent to info@verovine.com.
In the event you breach or threaten breach of these Terms of Use, you acknowledge and agree that VBM will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, VBM 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 VBM will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding VV's rights to relief in either law or equity.
You acknowledge and agree that VBM has the right to monitor Vero Beach Marketing 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. VBM will not knowingly or intentionally monitor or disclose private electronic-mail message unless required by law. You acknowledge that VBM 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, VBM will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
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 info@verovine.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 for.
Vero Beach Marketing Disclaimer
All posts must include a first and last name. In certain instances, posts may warrant anonymity. To request that a post be anonymous, poster must clearly indicate this request in the COMMENT TO EDITOR section provided in VV's POST website page. Posts submitted as "Anonymous" as a first and/or last name are not guaranteed anonymity. Vero Beach Marketing will not be responsible or liable for any damage or injury caused by posts that are circulated in the Newsletter with the poster's first and/or last name. Use of the information on this page is subject to the Terms of Use.
Description of Vero Beach Marketing
Vero Beach Marketing provides services to it's clients for promotion of their products, services and events. Vero Beach Marketing may be used to share and advertise a variety of personal and business goods and services for sale, trade, or otherwise with others. Vero Beach Marketing content is provided by its subscribers and therefore content appearing on Vero Beach Marketing does not necessarily reflect the views of VV, and VBM does not assume responsibility or liability for any content found on Vero Beach Marketing, nor for any claims, damages or losses resulting from any use of Vero Beach Marketing or its content. Use of Vero Beach Marketing content is at one's own risk. Vero Beach Marketing is provided on an "AS-IS" basis. VBM assumes no responsibility for the timeliness, deletion, mis-delivery, failure to store, mis-direction or improper display of any subscriber's communication or settings.
Links
These Terms of Use apply only to Vero Beach Marketing, and not to any other site, service, or company. Vero Beach Marketing may contain links to other websites. Such websites are not under the control of VBM and VBM is not responsible for the availability of such website to which Vero Beach Marketing may link to. VBM does not endorse or take responsibility for the content, advertising, products or other materials made available through any other website. Under no circumstances will VBM 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
Vero Beach Marketing provides its subscribers with ways to communicate with other subscribers. Your access to Vero Beach Marketing is based upon the premise that you will use Vero Beach Marketing only for legal and appropriate uses. You acknowledge and agree that VBM may suspend or deny you access to all or part of Vero Beach Marketing without prior notice, if you engage in any conduct or activities that VV, in its sole discretion, believes violates any of the terms and conditions set forth herein, violates the rights of VBM 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 Vero Beach Marketing, or interfere with any other subscriber's use and enjoyment of Vero Beach Marketing.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless Vero Beach Marketing 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 Vero Beach Marketing service. - Harvest or otherwise collect information about others, including e-mail addresses, without their consent. - Violate, intentionally or unintentionally, any applicable laws or regulations.
VV has no obligation to monitor or screen Vero Beach Marketing or the content contained within Vero Beach Marketing, and VBM makes no representation or warranty with respect to the veracity, reliability, or completeness of any information found on Vero Beach Marketing. However, VBM reserves the right to review materials posted or provided to Vero Beach Marketing and to modify or remove any content in its sole discretion.
VV reserves the right to edit, refuse to post or to remove any content or materials, in whole or in part, in VV's sole discretion.
Submission of Content
VV does not claim ownership in or to any of the content you provide to Vero Beach Marketing. However, by submitting content, of type, to Vero Beach Marketing, you grant (or warrant that the owner of such rights has expressly granted) VBM a perpetual, nonexclusive, world-wide, royalty free license to use your content in any way in connection with Vero Beach Marketing, 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 Vero Beach Marketing, any content displayed on Vero Beach Marketing, the use of Vero Beach Marketing, or access to Vero Beach Marketing.
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 VBM is not responsible or liable for any loss or damage of any type of dealing with such persons.
Termination
VV may terminate, modify, or temporarily discontinue Vero Beach Marketing at any time. You agree that VBM will not be liable for any termination, modification, or temporary discontinuance of Vero Beach Marketing. VBM reserves the right to terminate your access to any part of or all of Vero Beach Marketing 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
VV respects the intellectual property rights of others and require that anyone who uses Vero Beach Marketing do the same. In appropriate circumstances, VBM 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 VV's designated copyright agent. If you believe that materials posted to or included in Vero Beach Marketing have been copied in any way that constitutes copyright infringement, please provide the information requested below. Please note that this procedure is exclusively for notifying VBM 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 Vero Beach Marketing; - 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 Robert Cook 1275 US 1 #2-256 Vero Beach, Florida 32960.
Disclaimers
YOU AGREE THAT USE OF Vero Beach Marketing IS ENTIRELY AT YOUR OWN RISK. VBM AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND LICENSEES MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES (A) AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF (1) ANY CONTENT CONTAINED ON OR IN Vero Beach Marketing, INCLUDING WITHOUT LIMITATION, THE CONTENT THE ELECTRONIC NEWSLETTERS, (2) ANY THIRD PARTY WEBSITE OR INFORMATION ACCESSED THROUGH Vero Beach Marketing, OR (3) ANY THIRD PARTY INFORMATION, PRODUCTS OR SERVICES APPEARING ON OR IN Vero Beach Marketing, or (B) OTHERWISE. VBM DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTY PROVIDERS. VBM IS NOT A PARTY TO ANY TRANSACTION BETWEEN SUBSCRIBERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, Vero Beach Marketing 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.VV DOES NOT WARRANT OR REPRESENT THAT CONTENT MADE AVAILABLE BY Vero Beach Marketing IS SUITABLE FOR CHILDREN UNDER 18 AND, THEREFORE, VBM STRONGLY RECOMMEND THAT YOU MONITOR YOUR CHILD'S USE OF Vero Beach Marketing.
Limitation of Liability
VV 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, CONSEQUENTIAL, OR EXEMPLARY 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. SUCH LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS OR SOLD OR RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH Vero Beach Marketing, OR ANY LINKS ON Vero Beach Marketing. AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Vero Beach Marketing OR ANY LINKS ON Vero Beach Marketing. 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 VBM 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 VV, 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 VBM 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 Vero Beach Marketing, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Vero Beach Marketing.
Indemnification
You agree to defend, indemnify and hold VBM 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 Vero Beach Marketing, your posting, downloading or transmission of all content, or from your violation of applicable law or these Terms of Use.
No Personal Advice
The content contained in or made available through Vero Beach Marketing (including but not limited to content made available through the electronic newsletter or the Recommendations Page) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. VBM 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 Vero Beach Marketing. VBM shall not be liable whatsoever in connection with any such information contained or made available through Vero Beach Marketing, 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 VV's services mentioned herein are proprietary marks belonging to VV. The names of companies and products not owned by VBM and mentioned herein may be the trademarks of their respective owners. Any use of the trademarks belonging to VV, 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
VV 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 19th district of Florida and you consent to info@verovine.com.
Injunctive Relief
In the event you breach or threaten breach of these Terms of Use, you acknowledge and agree that VBM will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, VBM 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 VBM will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding VV's rights to relief in either law or equity.
Disclosure
You acknowledge and agree that VBM has the right to monitor Vero Beach Marketing 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. VBM will not knowingly or intentionally monitor or disclose private electronic-mail message unless required by law. You acknowledge that VBM 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, VBM 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 info@verovine.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 for.
