WARNING AND EARNINGS DISCLAIMER

 

IMPORTANT: ALL INFORMATION IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS FINANCIAL OR LEGAL ADVICE. The information provided is for informational purposes only and should not be construed as legal or financial advice on or in any matter and does not create a lawyer-client relationship nor should be construed as financial advice. Past performance is no garantee of future results.

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE AND THEIR POTENTIAL FOR INCOME OR RETURN ON INVESTMENT. THERE IS NO GUARANTEE THAT YOU WILL MAKE ANY MONEY.

ALL PRODUCT AND SERVICES OFFERED BY MAG STREET, LLC ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. YOU AGREE THAT MAG STREET, LLC IS NOT RESPONSIBLE TO SUCCESS OR FAILURE OF YOUR RELATED BUSINESS OR INVESTMENT DECISIONS BY USING THE INFORMATION PROVIDED OR EXAMPLES PRESENTED ON THIS WEBSITE. THE USE OF OUR INFORMATION, PRODUCTS AND SERVICES SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT OUR COMPANY IS NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOU OR YOUR BUSINESS THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE AND USE OF OUR INFORMATION, PRODUCTS AND SERVICES. WE DO NOT OFFER FINANCIAL OR LEGAL ADVICE. YOU MUST CONSULT YOUR ACCOUNTANT AND/OR ATTORNEY PRIOR TO USING ANY OF THE IDEAS PRESENTED ON THIS WEBSITE.

AS WITH ANY BUSINESS AND INVESTMENT, YOUR RESULTS WILL BE BASED ON YOUR OWN INDIVIDUAL LEARNING CAPACITY, EXPERIENCE, TIME INVESTED AND MOTIVATION. THE TESTIMONIALS AND EXAMPLES ON THIS WEBSITE ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EACH INDIVIDUAL’S RESULT IS DEPENDENT ON HIS OR HER LEARNING CAPACITY, DEDICATION AND MOTIVATION.

THERE IS NO ASSURANCE THAT YOU WILL DO AS WELL AS STATED OR PRESENTED IN ANY TESTIMONIALS OR EXAMPLES. THERE IS NO ASSURANCE THAT ANY TESTIMONIALS OF PAST EARNINGS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND /OR SUCCESS. THERE ARE UNKNOWN RISKS THAT WE CANNOT FORESEE WHICH CAN IMPACT YOUR RESULTS. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN RESULTS. NO PRIOR RESULTS CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS.

WE ARE NOT RESPONSIBLE FOR ANY OF YOUR ACTIONS. REAL ESTATE INVESTING AND REAL ESTATE RELATED AUCTIONS DO INVOLVE UNKNOWN RISKS AND ARE NOT SUITABLE FOR EVERYONE. YOU MAY NOT RELY ON ANY INFORMATION PRESENTED ON THE WEBSITE OR OTHERWISE PROVIDED BY US, UNLESS YOU DO SO WITH THE KNOWLEDGE AND UNDERSTANDING THAT YOU MAY HAVE NO EARNINGS AT ALL AND EVEN SUFFER LOSSES.

ANY CLAIMS MADE OF SALES AND FINANCIAL FIGURES IN THE TESTIMONIALS ARE ACTUAL RESULTS AND CAN BE VERIFIED UPON REQUEST. HOWEVER, THOSE ARE EXCEPTIONAL RESULTS, THEY DO NOT REFLECT THE TYPICAL PURCHASER’S OR USERS EXPERIENCE, AND DO NOT APPLY TO THE AVERAGE PERSON. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE INFORMATION, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, YOUR BACKGROUND, YOUR DEDICATION AND YOUR MOTIVATION. ANY CLAIMS MADE OF EARNINGS IN THE TESTIMONIALS ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THERE IS NO ASSURANCE THAT YOU WILL DO AS WELL USING THE SAME INFORMATION OR STRATEGIES. WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL NOR WE IMPLY YOU WILL MAKE ANY MONEY.

 

TERMS AND CONDITIONS & PRIVACY POLCY

This Agreement as well as any additional MAG STREET, LLC policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and MAG STREET, LLC concerning your use and purchase of MAG STREET, LLC ’s products, and supersede and govern all prior proposals, agreements, contracts and/ or other communications. All MAG STREET, LLC policies and agreements specific to particular Products are incorporated herein and made part of this Agreement by reference. By purchasing MAG STREET, LLC ’s Products and or Training, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and Terms of Service and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which MAG STREET, LLC may establish from time to time, and any agreements that MAG STREET, LLC is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online. In addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as Your Agent, and transactions or agreements entered into by anyone who uses the account or attends training that you’ve established with MAG STREET, LLC , whether or not the transactions were on your behalf.

 

    1. AGREEMENT

 

1.1 These TERMS AND CONDITIONS apply to the services provided by MAG STREET, LLC, (referred to as "AuctionINTEL", "AuctionINTEL.win", "AuctionINTEL Framework", "Company", "we", "us", or "our"). You ("Customer") agree that by accepting services, and making your initial payment, or using our services and products, or any content or information provided as part of these services, including any software and its systems, collectively, "Services" or "Software", you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). The term "Order Form" and "Checkout Page" refers to the definition of the product/service the customer is purchasing from the Company via agreement and payment of funds.

1.2 If you do not agree to the following TERMS AND CONDITIONS ("Agreement"), do NOT engage with any training or products/services and do not access or otherwise use any of our Services.

 

    1. SERVICES AND SUPPORT

 

2.1    Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services according to this TERMS AND CONDITIONS Agreement. As part of the registration process, Customer will identify an administrative user name and password for Customer's Company/User account.  Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.

2.2    Subject to the terms hereof, Company will provide Customer with reasonable technical support services.

 

    1. PATENTS, COPYRIGHT, AND TRADE SECRET

 

MAG STREET, LLC holds numerous patents, trademarks and copyrights and fiercely defends those intellectual properties. Any attempt to reverse engineer any of these methods will be vigorously defended and enforced under state, federal and international law including, but not limited to, the U.S. Copyright Act and U.S. Patent Law.

Patent and Copyright © 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024  MAG STREET, LLC

This web site, including all the information which it contains, all the services and products, technology and all related content including, but not limited to all content is the property of MAG STREET, LLC and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws including granted Patents which protect certain technology. Any content you write or create as a derivative or modifications of this AI generated content, you hereby agree to assign copyright to MAG STREET, LLC and this Terms of Service agreement servers as that assignment. You may not reproduce, reprint, publish, or otherwise exploit that content or technology from MAG STREET, LLC without our express prior written consent. Your breach of this condition shall subject you to any and all claims under state, federal and international law including, but not limited to, the U.S. Copyright Act.

PERMITTED USES AND RESTRICTIONS ON USE OF CONTENT/COPYRIGHT. Whenever used in this Agreement, the term “Content” shall mean any and all articles, databases, software, books, magazines, photographs, images, graphics, illustrations, audio, video, and any other content that is offered to you by or through the Site. Content available through the Site originates from AuctionINTEL.win and a variety of third party providers (each, a “TPP”). AuctionINTEL.win and each TPP is either the owner or an authorized licensee of such Content and each TPP has licensed AuctionINTEL.win to make its Content available to you through the Site. In order to protect and preserve AuctionINTEL.win’s and the TPPs copyrights and other intellectual property rights in their respective Content, you agree to the following with respect to any specific item of Content that you license or purchase through the Site: 1. You will abide by all copyright notices and copyright directives relating to or provided with the Content. 2. You will not, directly or indirectly, reproduce, copy, transmit, distribute, display, publish or print any Content in any form or medium, (ii) sell, loan or license any Content. 3. You will not, in whole or in part, modify, adapt, transform, translate or create any derivative work based on the Content in a manner that would infringe any person’s copyright or other proprietary rights therein. 4. You will not remove any copyright notice from the Content.

 

    1. RESTRICTIONS AND RESPONSIBILITIES

 

4.1    Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.  With respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, Company hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.

4.2    Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.  As defined in FAR section 2.101, the Software and documentation are "commercial items" and according to DFAR section 252.227‑7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation."  Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

4.3    Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company's standard published policies then in effect (the "Policy") and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements, fines and expenses (including without limitation costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer's use of Services. Although Company has no obligation to monitor Customer's use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

4.4    Customer shall be responsible for obtaining and maintaining any equipment and ancillary services, or data needed to connect to, utilize, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, data licenses, display licenses, networking, web servers and the like (collectively, "Equipment").  Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer's knowledge or consent.

Any suspected fraudulent, abusive, or otherwise illegal activity related to our Services may be grounds for suspension or termination of your user account, in MAG STREET, LLC's sole discretion, and you may be reported to appropriate law-enforcement agencies.

 

Your Use of Our Services Must Comply with the Law.

You agree to use the MAG STREET, LLC Services in accordance with all applicable guidelines, as well as all state and federal laws that the Services are subject to. In order to confirm your compliance with these Terms, so as to ensure that MAG STREET, LLC is complying with national and international laws.

MAG STREET, LLC is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy, and it is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your using the MAG STREET, LLC Sites or Services. You are ultimately responsible to make your own informed decisions regarding your purchases, financial decisions and use of any methods learned.

MAG STREET, LLC will not be liable for any misuse of the Services by you.

 

Changes

CHANGES TO TOS. AuctionINTEL.win may change, add or delete any one or more of the TOS by providing notice to you as set forth in Section 21 of this Agreement or by posting such changes on the Site. If any future changes are unacceptable to you, you may cancel your account by sending an email to: info@AuctionINTEL.win or phone (786) 530-6268. Such cancellation will become effective upon the expiration of the period for which you have paid your membership subscription. Your failure to cancel your account following the posting of notice of any changes will indicate your acceptance of the TOS as changed.

CHANGES TO SERVICE. AuctionINTEL.win may change, modify, add, suspend or discontinue, temporarily or permanently, any aspect of the Site at any time, including the availability of any feature, database, or content, with or without notice to you. AuctionINTEL.win may also impose limits on certain features and services or restrict your access to part or all of the Site without notice to you. You agree that AuctionINTEL.win shall not be liable to you or to any third party for any such change, modification, addition, suspension, discontinuance, limitation or restriction.

 

    1. CONFIDENTIALITY; PROPRIETARY RIGHTS

 

5.1    Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party).  Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Service.  Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services ("Customer Data"). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information.  The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.

5.2    Customer shall own all right, title and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Services and is limited to prepared reports delivered to the customer but does not include internal analysis or data collected.  Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

5.3    Copyright ownership of produced videos, creative content, channels, logos, designs and music content as a creative work shall remain with the Company. Copyright of source materials remain the copyright of the original owners. All additional supplementary materials and works created by the Company shall remain copyright of the Company, and the Customer has permission to use such materials within the constraints of the product/service so long as the customer is in good standing.

5.4    Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and  Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.  No rights or licenses are granted except as expressly set forth herein.

 

    1. PAYMENT OF FEES

 

6.1    Customer will pay Company the then applicable fees described in the Order Form/Checkout/Agreement Page for the Services and Implementation Services in accordance with the terms therein (the "Fees").  If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.  Inquiries should be directed to Company's customer support department.

6.2    Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice.  Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company's net income.

6.3   Non-payment either through non-payment, failed payments, chargebacks or any failure to complete payment or cure any deficiency within thirty (30) days of demand, will cause any previous fees waived, previous setup fees waived for special programs or discounts to immediately be reinstated in full, all discounts cancelled and fees and prioviously waived setup fees to be due immediately. This includes any special rates made available through special programs to be cancelled, and all services and fees to be billed at the published rates and be payable immediately. Customer acknowledges that a chargeback or mechanism to reverse payments extending back beyond the current month revokes all copyright and patents licenses to use MAG STREET, LLC intellectual proprty, and customer has violated copyright law and is now liable for copyright penalties. Customer agrees to pay all invoices fees, setup fees and services billed immediately on demand and fall under section 6.2 for finance charges and Customer also agrees to pay legal fees for collection of invoices.

 

    1. TERM AND TERMINATION

 

7.1    Subject to earlier termination as provided below, this Agreement is for the Service Term as specified in the Order Form/Checkout/Agreement Page, unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

7.2    In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days' notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement.  Customer will pay in full for the Services up to and including the last day on which the Services are provided. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

 

    1. WARRANTY AND DISCLAIMER

 

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner.  MAG STREET, LLC reserves the right at any time and from time to time to modify temporarily or permanently or discontinue MAG STREET, LLC Services (in whole or part) with or without notice. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED "AS IS" AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOUR USE OF THE SITE AND ANY AND ALL INFORMATION CONTAINED THEREIN OR AVAILABLE, DIRECTLY OR INDIRECTLY, THEREFROM, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AuctionINTEL.win 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 NONINFRINGEMENT.

AuctionINTEL.win MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AuctionINTEL.win OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY . YOU EXPRESSLY UNDERSTAND AND AGREE THAT AuctionINTEL.win 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 AuctionINTEL.win HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR (iv) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE USE OF INFORMATION CONTAINED THEREIN OR AVAILABLE THEREFROM AT ANY TIME. IN ADDITION, THE AGGREGATE AMOUNT OF AuctionINTEL.win’S LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT OF ANY FEES OR CHARGES PAID BY YOU TO AuctionINTEL.win UNDER THIS AGREEMENT OR THROUGH THE SITE.

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 10 AND 11 MAY NOT APPLY TO YOU.

REPRESENTATIONS AND WARRANTIES/INDEMNITY. You represent, warrant and covenant that you are at least 18 years old and that no Materials of any kind submitted through your account will (a) violate or infringe upon the rights of any third party (including copyright, trademark, privacy or other personal or proprietary rights) or (b) contain libelous, defamatory or otherwise unlawful material. You hereby agree to indemnify, defend and hold harmless AuctionINTEL.win, its subsidiaries, affiliates, employees, agents, co-branders and other partners (collectively, the “Indemnified Parties”) from and against any and all liability, damage, cost and expense (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of or relating to (i) the Material you submit, post, transmit or make available through the Site, (ii) your use of the Site, (iii) your connection to the Site, (iv) any violation of the TOS by you or any user of your account or (v) a breach of the representations and warranties made by you in this Section 18 or elsewhere in this Agreement. You agree to fully cooperate in the defense of any such claim.

CHOICE OF LAW/STATUTE OF LIMITATIONS. This Customer Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Florida. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of Florida. 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 Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

    1. INDEMNITY

 

Company shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, or data provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing.  The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer's use of the Service is not strictly in accordance with this Agreement.  If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer's rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.

 

    1. LIMITATION OF LIABILITY

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

    1. MISCELLANEOUS

 

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.  This Agreement is not assignable, transferable or sublicensable by Customer except with Company's prior written consent.  Company may transfer and assign any of its rights and obligations under this Agreement without consent.  This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever.  In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.  All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.  This Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.  The parties shall work together in good faith to issue at least one mutually agreed upon press release within 90 days of the Effective Date, and Customer otherwise agrees to reasonably cooperate with Company to serve as a reference account upon request.

 

    1. DMCA; Claims of Copyright Infringement.

 

We respect the intellectual property rights of others and ask that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify our copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

(i). Identification of the copyrighted work that you claim has been infringed; (ii). Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it; (iii). Your address, telephone number, and, if available, e-mail address,so that the copyright agent may contact you about your complaint; and (iv). A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Notices of copyright infringement claims should be sent as follows:

By mail:

Attention: Copyright Agent
7191 Cypress Lake Drive STE 3, Fort Myers, Florida

and by e-mail to: HNROP.DMCA.email@gmail.com

If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.