INNERTURTLE.COM
Me, my, and I, as well as Innerturtle.com and all pronouns referring
thereunto, regardless of gender,
singular or plural, shall for the purposes of these Terms of Use mean the person
or persons who have duly registered, paid for, and operate the innerturtle.com
domain name as established by the rules, procedures, or processes of the
registrar through wich the registration and payment was in good faith made.
Innerturtle.com shall not refer to the registrar through wich the registration
was made, or any other third-party entity that facilitate the registration or
operation of the site.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in this site are the copyrighted property of
innerturtle.com or, as indicated, copyrighted by and used by permission
of a private third party. No material from this site may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed
in any way, except that you may download one copy of the materials on
any single computer and print or have printed one copy of the materials
for your personal, noncommercial home use only, provided that (i) you
keep intact all copyright and other proprietary notices, (ii) you make
no modifications to the materials, and (iii) you do not download
quantities of materials to a database that can be used to avoid future
downloads from the site. The use of any material from this site on any
other Web site or computer environment is prohibited.
SUBMISSIONS
Relating to the use of this site, if you send any material or you
send unsolicited creative suggestions, ideas, notes, drawings, concepts,
photos, or other information (collectively, the "Submissions"), the Submissions
shall be deemed, and shall remain, the property of innerturtle.com.
None of the Submissions shall be subject to any obligation of
confidentiality on my part and I shall not be liable for any use or
disclosure of any Submissions. Without limitation of the foregoing, I
shall exclusively own all now-known or hereafter existing rights to the
Submissions of every kind and nature throughout the universe and shall
be entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to the
provider of the Submissions or any other person or entity.
CONTENT LINKED TO THIS SITE
You should be aware that when you are visiting this site, you could be
directed to other sites that are beyond my control. You acknowledge
that when you click on a link that leaves this site the site you will
land on is not controlled by me and different terms of use and privacy
policy may apply. By clicking on links to other sites, you acknowledge
that I am not responsible for those sites.
I make no representations concerning the content of sites listed on this
site. Consequently, I cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality, or decency of material
contained in sites in any way linked to this site.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, I DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. I
DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION.
I explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from this
site. I cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to or from
this site or third-party content on my site. I do not endorse any of the
merchandise, nor have I taken any steps to confirm the accuracy or
reliability of any of the information contained in such third-party
sites or content. I do not make any representations or warranties as to
the security of any information (including, without limitation, credit
card and other personal information) you might be requested to give any
third party, and you hereby irrevocably waive any claim against me with
respect to such sites and third-party content. I strongly encourage you
to make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these
third parties.
INDEMNIFICATION
You hereby indemnify, defend, and hold innerturtle.com and my affiliates and my
agents, information providers, web-hosting service providers, licensors, and
licensees (collectively, the "Indemnified Parties") harmless from and
against any and all liabilities and costs (including reasonable attorneys'
fees) incurred by the Indemnified Parties in connection with any claim
arising out of any breach by you of these terms of use or claims arising
from your account. You shall use your best efforts to cooperate with us in
the defense of any claim. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
I BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THIS SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF I
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL MY TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE
AMOUNT PAID BY YOU, IF ANY, OR $10 (WHICHEVER IS LESS) FOR ACCESSING OR
PARTICIPATING IN ANY ACTIVITY RELATED TO THIS SITE.
JURISDICTIONAL ISSUES
This site is controlled and operated by innerturtle.com in Orlando,
Florida, USA. I make no representation that materials on this site are
appropriate or available for use in any particular location. Those who
choose to access this site do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable.
AMENDMENT
I reserve the right, at my sole discretion, to change, modify, add, or
delete portions of these terms of use at any time. In the event that I
do so, I will notify you of any such change, modification, addition, or
deletion by prominently posting notice of any such change,
modification, addition, or deletion on the sites covered by these terms
of use. This notice will appear in the form of an updated link indicating
the date of last revision on the bottom of every page associated with
this site. Any such change, modification, addition, or deletion will be
effective one (1) calendar day following the posting of such
notice.
TERMINATION
These terms of use are effective until terminated by either you or me. You
may terminate these terms at any time by discontinuing use of this site and
destroying any and all materials obtained from the site and all copies thereof,
whether obtained under these terms or otherwise.
I may immediately terminate these terms of use with respect to you
without cause and without notice to you in my sole discretion. Upon
termination, you must cease use of the site and destroy any and all materials
obtained from the site and all copies thereof, whether made under
these terms of use or otherwise.
GENERAL PROVISIONS These terms of use shall be governed by and construed in accordance with the laws of the State of Florida and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Orange County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.