USER TERMS & CONDITIONS
The following Terms and Conditions govern the user’s (“you” or “your”) use of,
membership, and/or access to, the website: www.heavenNheels.com (“Site” or “we”).
IMPORTANT! These Terms and Conditions also govern your membership to the Site if
you become a member. By accessing, using, viewing, reading, printing,
installing, or downloading any material from the Site, or becoming a member to
the Site, you agree to be bound by these Terms and Conditions. This Agreement is
intended to be governed by the Electronic Signatures in Global and National
Commerce Act (E-Sign Act). You manifest your agreement to these Terms and
Conditions by any act demonstrating your assent thereto, including clicking any
button containing the words “I agree” or similar syntax. You may submit a paper
copy of this transaction and print this form for your personal records. You have
the right to withdraw your consent to use the E-Sign Act by emailing us. Your
consent to use the E-Sign Act is limited to providing the information on this
form. Access to this electronic record requires a simple browser program such as
Internet ExplorerTM or NetscapeTM and a computer.
These Terms and Conditions are subject to change by the Site at any time in its
discretion. Your use of this Site after such changes are implemented constitutes
your acknowledgment and acceptance of the changes. If you do not agree to be
bound by these Terms and Conditions, you may not enter the Site, you must exit
the Site immediately and you may not use or access the Site or print or download
any materials from them. You may use and access the Site only in accordance with
these Terms and Conditions. Please consult these Terms and Conditions regularly
and read them carefully before using the Site. You affirm that you have read
this Agreement and understand, agree and consent to its Terms and Conditions.
You are solely responsible for obtaining access to the Site and that access may
involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Site.
1. Images and Content.
This Site contains images and content, including but not limited to text,
software, images, data, messages, or any other information (collectively,
“Materials”). All Materials displayed on this Site are protected by the First
Amendment rights to Free Speech, Free Expression and Freedom of the Press. The
Site firmly believes that the best judge of appropriate information retrieval is
you, not the government or third parties. We therefore offer you access to the
Materials posted on the Site, and allow our users to decide for themselves what
information they desire to receive and review. The Site is merely a venue for
the dissemination of information, and is therefore considered an “Internet
Access Provider” under Section 230 of the Communications Decency Act of 1996.
Therefore, this Site and its owners and agents are immune from all claims and
suits based on the content of the communications passing through our Site. You
acknowledge that the Site may offer online content that could be deemed “adult”
or “erotic” in nature. Additionally, you are on notice that some of the
Materials presented on the Site may contain graphic depictions and descriptions
of explicit, offending, or disturbing activities. You acknowledge that you are
aware of the nature of the Materials provided by this Site, that you are not
offended by sexual or adult oriented material about erotic private dancers,
escorts, massage experts, strippers, sensual adult entertainers or any other
adult oriented material, and that you access the Site freely, voluntarily and
willingly. You are further aware of the community standards of your community,
and you will only access the content on this Site if you believe, upon diligent
investigation, that the content on this Site does not offend the community
standards prevalent in your community. You further agree not to use or access
this Site if doing so would violate the laws of your state, province or country.
2. Age of Majority and Membership.
A. Age of Majority. You represent and warrant you are at least 18 or 21 years of
age, depending on the age of majority in your jurisdiction, and that you have
the legal capacity to enter into this Agreement. If you are not at least 18 or
21 years of age, depending on the age of majority in your jurisdiction, you must
exit the Site immediately and may not use or access the Site or print or
download any Materials from it. You may be asked to verify your birth date on
the Birth Date Verifier™ form as a condition of entry onto the Site, pursuant to
28 U.S.C. §1746. Additionally, the Site does not assume any responsibility or
liability for any misrepresentations regarding a user’s age.
B. Fraudulent Membership. Membership may not be transferred or sold to a third
party. The Site and its affiliates disclaim any and all liability arising from
fraudulent entry and use of the Site. If a user fraudulently obtains access, the
Site may terminate membership immediately and take all necessary and appropriate
actions under applicable federal, state, and international laws.
3. No Child Pornography.
If you seek any form of child pornography, you must exit this Site immediately.
You acknowledge that all Materials on the Site are protected by the First
Amendment to the United States Constitution, and that the Site contains no child
pornography. We take a strong and definite stand against child pornography and
only allow images and Materials that are protected by the First Amendment. If
you identify any images, real or simulated, depicting minors engaged in sexual
activity within the Site, please report the images to our customer support.
Include with your report any appropriate evidence, including the date and time
of identification. All reports will immediately be investigated and the
appropriate action will be taken. We enthusiastically cooperate with any
law-enforcement agency investigating child pornography. If you suspect other
outside websites are participating in unlawful activities involving minors,
please report them to www.asacp.org. Users should implement parental control
protections, such as computer hardware, software, or filtering services, which
may help users to limit minors’ access to harmful material.
4. The Site is Only a Venue.
A. Online Venue. Our Site acts as a venue to allow third parties to offer, sell,
and buy particular services as set forth in this Site from anywhere, in a
variety of formats, including a fixed price format. All Advertiser content
contained in this Site is provided to heavenNheels.com by individuals for the
purposes of paid advertisements. All advertisements are the sole responsibility
of the individual advertisers. The Site assumes no responsibility and cannot be
held responsible for any claims arising from advertising. We are not involved in
the actual transaction between buyers and sellers. As a result, we have no
control over the quality, safety or legality of the services advertised, the
truth or accuracy of the listings, or the ability of sellers to sell services or
the ability of buyers to buy services. We cannot ensure that a buyer or seller
will actually complete a transaction.
B. Release. Because we are not involved in the actual transaction between buyers
and sellers, in the event that you have a dispute with one or more users or
advertisers, you release the Site and our officers, directors, agents,
subsidiaries and employees from any and all allegations, claims, debts, demands
and damages both actual and consequential of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes.
C. Information Control. We do not control the information provided by other
users which is made available through our system. You may find other user's
information to be offensive, harmful, inaccurate, or deceptive. Please use
caution and common sense when using our Site. Please note that there are also
risks of dealing with people acting under false pretense.
D. Disclaimer of Liability. The Site expressly disclaims all liability that may
arise from damages incurred in using this Site including, without limitation,
false representations made by parties, the theft or misuse of any personal
information, any financial loss not due to the fault of the Site, failed
transactions, purchases or functionality of the Site, unavailability of the
Site, its functions and/or services and any other technical failure that may
result in inaccessibility to the Site. By using this Site and in consideration
of the access provided by the Site to users of this Site, you do hereby agree to
hold the Site harmless for all damages, claims and controversies that may arise
from using this Site.
5. Access and Interference to Site.
A. Access. To access the Site or some of the resources it has to offer, you may
be asked to provide certain registration details or other information. It is a
condition of your use of this Site that all information you provide will be
correct, current, and complete. If the Site believes the information you provide
is not correct, current, or complete, the Site has the right to refuse you
access to the Site or any of its resources, and to terminate or suspend your
access at any time. Subject to these Terms and Conditions and in consideration
of using this Site, the Site hereby grants you a limited, nonexclusive,
nontransferable personal license to access and use the Site and the Materials
contained therein. You hereby agree to be the sole, authorized user of your
account. Should you suspect that any unauthorized party may be using your
account, you do hereby agree to contact the Site immediately. Provided that you
are a member in good standing to the Site, you may cache the Materials onto a
single computer for your personal, non-commercial internal use only. All
Materials on the Site shall be for private use only, and all other uses are
strictly prohibited. You agree to prevent any unauthorized copying of any of the
Site, or any of the Materials contained therein. Any unauthorized use of the
Site or any of the Materials contained therein terminates this limited license
effective immediately. This is a license to use and access the Site for its
intended purpose and is not a transfer of title. Violators of this limited
license may be prosecuted to the fullest extent under the applicable law.
B. Interference. User hereby agrees not to use any automatic device or manual
process to monitor or reproduce the Site, and will not use any device, software,
computer code, or virus to interfere or attempt to disrupt or damage the Site or
any communications on it.
6. Purchases of goods and services.
Purchases are not retractable or refundable except in exceptional circumstances
such as when the seller/advertiser materially changes the services description
after your purchase, or a clear typographical error is made. By using this Site
and/or purchasing services offered herein, you are warranting and certifying
that you are eighteen (18) years of age or older and have the legal right to
purchase such services. Failure to remit payment to either the Site or to the
Advertiser will result in suspension from the Site.
7. Restrictions on Use of Site.
You may use the Site only for purposes expressly permitted by the Terms and
Conditions of the Site. You may not use the Site for any other purpose,
including any commercial purpose, without the Site’s express prior written
consent. Without the express prior written authorization of the Site, you may
not: (a) duplicate the Site or any of the Materials contained therein (except as
expressly provided in this Agreement); (b) create derivative works based on the
Site or any of the Materials contained therein; (c) use the Site or any of the
Materials contained therein for any public display, public performance, sale or
rental; (d) re-distribute the Site or any of the Materials contained therein;
(e) remove any copyright or other proprietary notices from the Site or any of
the Materials contained therein; (f) frame or utilize any framing techniques in
connection with the Site or any of the Materials contained therein; (g) use any
meta-tags or any other “hidden text” using the Site’s name or marks; (h)
“deep-link” to any page of the Site (including the homepage); (i) circumvent any
encryption or other security tools used anywhere on the Site (including the
theft of user names and passwords or using another person’s user name and
password in order to gain access to a restricted area of the Site); (j) use any
data mining, robots or similar data gathering and extraction tools on the Site;
(k) decompile, reverse engineer, modify or disassemble any of the software
aspect of the Materials except and only to the extent permitted by applicable
law; (l) sell, rent, lease, license, sublicense, transfer, distribute,
re-transmit, time-share, use as a service bureau or otherwise assign to any
third party the Materials or any of your rights to access and use the Materials
as granted in this Agreement; or (m) bookmark any page of the Site beyond the
registration log-in screen. You understand that bookmarking to a page on this
server/Site whereby this warning page is bypassed shall constitute an implicit
acceptance of the foregoing terms set forth herein. You agree to cooperate with
the Site in causing any unauthorized use to cease immediately. At any time, if
the Site provides a service enabling users to share information or communicate
with other users, you hereby agree not to publish, disseminate or submit any
defamatory, offensive or illegal material while using the Site or other services
included on the Site. You are solely responsible for submitting any material
that violates any United States or International laws even if a claim arises
after your service is terminated, and, by doing so, your actions shall
constitute a material breach of this Agreement and the Site shall terminate all
your rights under this Agreement. If you share information and communicate with
other users, you agree that all Materials you submit will be accessible to other
users and will not be secure or private. You hereby agree that you have been
noticed that all communications submitted to the Site can be accessed by agents,
operators, and other users, regardless if they are the intended recipients of
the messages.
8. Termination.
Without limiting other remedies, the Site may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your use of the Site and
refuse to provide our services to you, with or without advance notice, if: (a)
if the Site believes that you have breached any material term of this Agreement
or the documents it incorporates by reference; (b) if we are unable to verify or
authenticate any information you provide to us; (c) if we believe that your
actions may cause legal liability for you, our users or us; or (d) The Site
decides to cease operations or to otherwise discontinue any part of the Site.
Further, you agree that neither the Site nor any third party acting on our
behalf shall be liable to you for any termination of your access to any of the
Site. The Site has no interest in arranging sexual activity. Both users and
Advertisers that are reported as using the Site to arrange sexual activity will
be immediately terminated from using the Site.
9. Privacy.
Our Privacy Policy is hereby incorporated by reference. For more information on
our Privacy Policy, please contact us.
10. Links and Linking.
Some websites that are linked to the Site are owned and operated by third
parties, including without limitation links to advertisements and links to
referral services for independent contractors. Because the Site has no control
over such sites and resources, you acknowledge and agree that the Site 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,
services, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that the Site 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
third-party content available on or through any such site or resource. If you
decide to access any such third party sites, you do so entirely at your own risk
and subject to any terms and conditions and privacy policies posted therein.
Users further acknowledge that use of any website controlled, owned or operated
by third parties is governed by the terms and conditions of use for those
websites, and not by this Site’s User Agreement or Privacy Policy. Links to
external websites (including external websites that are framed by the Site) or
inclusions of advertisements do not constitute an endorsement by the Site of
such sites or the content, products, advertising or other materials presented on
such sites, but are for User's convenience. Users access them at their own risk.
The Site expressly disclaims any liability for any damages whatsoever incurred
by any user in connection with the use of any websites, the access to which was
found through this Site. The Site expressly disclaims any liability derived from
the use and/or viewing of any links that may appear on this Site. All users do
hereby agree to hold the Site harmless from any liability that may result from
the use of links that may appear on the Site.
11. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED
THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED
THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS
CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
THE SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY,
TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS CONTAINED
THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY OF THE MATERIALS
CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SITE MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY
TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF
CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. DISCLAIMER.
OUR SITE ACTS ONLY AS A VENUE TO ALLOW ANYONE TO OFFER, SELL, AND BUY PARTICULAR
SERVICES. THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS
STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR
INTENDS TO PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR MEMBERSHIP WILL BE
TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY
ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT VIOLATES ANY
LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY
LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY AGREE TO
DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR ILLEGAL ACTIONS
OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION,
ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS SITE. OUR SITE
CONTAINS MATERIAL THAT MAY BE OFFENSIVE TO THIRD PARTIES. YOU DO HEREBY AGREE TO
INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE FROM REVIEWING
SUCH MATERIAL AND WARRANT AND AGREE TO CEASE REVIEW OF THE SITE SHOULD YOU FIND
IT OFFENSIVE. BY PROVIDING A VENUE FOR THE SERVICES FOUND AT OUR SITE, WE DO NOT
ENDORSE OR ENCOURAGE THAT ANY PARTY BECOME AFFILIATED WITH OUR SITE. FOR A FEE,
WE ASSIST PARTIES IN OFFERING THEIR SERVICES FOR SALE ONLY. WE DO NOT HAVE ANY
AFFILIATION, EITHER LEGAL OR OTHERWISE, WHATSOEVER WITH ANY USERS OF THE SITE
AND EXPRESSLY DISCLAIM ANY LIABILITY FROM THE FULFILLMENT AND/OR PROVISION OF
THEIR SERVICES. IF YOU ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY
APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO HEREBY AGREE TO
EXIT IT IMMEDIATELY.
13. Liability Limit.
IN NO EVENT SHALL THE SITE (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS,
SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR
ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY
PERSON’S USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS
CONTAINED THEREIN, EVEN IF THE SITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH
DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT,
WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE,
EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL THE SITE’S MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT
DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE FOR A
PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR
CAUSES OF ACTION OR $10.00, WHICHEVER IS GREATER. BECAUSE SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. Indemnity.
You agree to defend, indemnify, and hold harmless the Site, its officers,
directors, shareholders, employees, independent contractors and agents, from and
against any and all claims, actions, liabilities, costs, or demands, including
without limitation legal and accounting fees, for all damages directly,
indirectly, and/or consequentially resulting or allegedly resulting from your,
or you under another person’s authority including without limitation to
governmental agencies, use, misuse, or inability to use the Site or any of the
Materials contained therein, or your breach of any of these Terms and
Conditions. The Site shall promptly notify you by electronic mail of any such
claim or suit, and cooperate fully (at your expense) in the defense of such
claim or suit. The Site may participate in the defense of such claim or defense
at its own expense, and choose its own legal counsel, but is not obligated to do
so.
15. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of our service and your listing,
purchase, solicitation of offers to purchase, and sale of services. IF WE
DETERMINE, OR THE LEGAL AUTHORITIES INFORM US, THAT YOU INTEND TO USE THIS SITE
FOR ANY ILLEGAL PURPOSES, WE EXPRESSLY RESERVE THE RIGHT TO TERMINATE YOUR
MEMBERSHIP OR ACCESS TO THIS SITE IMMEDIATELY AND PERMANENTLY WITHOUT
REIMBURSEMENT.
16. No Agency.
Nothing in this Agreement shall be deemed to constitute, create, imply, give
effect to, or otherwise recognize a partnership, joint venture or formal
business entity of any kind; and the rights and obligations of the parties shall
be limited to those expressly set forth herein.
17. Notices.
A. Notice. Any notice required to be given under this Agreement may be provided
by email to a functioning email address of the party to be noticed, or personal
delivery by commercial carrier such as FedEx or Airborne.
B. Change of Address. Either party may change the address to which notice is to
be sent by written notice to the other party pursuant to this provision of the
Agreement.
C. When Notice is Effective. Notices shall be deemed effective upon delivery.
Notices delivered by overnight carrier (e.g., United States Express Mail or
Federal Express) shall be deemed delivered on the business day following
mailing. Notices mailed by United States Mail, postage prepaid, registered or
certified with return receipt requested, shall be deemed delivered five (5) days
after mailing. Notices delivered by any other method shall be deemed given upon
receipt. Notices by email and facsimile transmission, with confirmation from
the transmitting machine that the transmission was completed, are acceptable
under this Agreement provided that they are delivered one (1) hour after
transmission if sent during the recipient's business hours, or 9:00 a.m.
(recipient's time) the next business day. Either Party may, by giving the other
Party appropriate written notice, change the designated address, fax number
and/or recipient for any notice or courtesy copy, hereunder.
D. Any correctly addressed notice that is refused, unclaimed, or undeliverable,
because of an act or omission of the Party to be notified shall be deemed
effective as of the first date that said notice was refused or deemed
undeliverable by the postal authorities, messenger, facsimile machine, email
server, or overnight delivery service.
18. Trademark Information.
The terms “heavenNheels.com” and “Heaven N Heels” are service marks and/or trademarks
of the Site. The Site’s logo, domains, service marks, and trademarks may not be
used publicly except with the Site’s written permission. We aggressively defend
our intellectual property rights. Other manufacturers’ product and service names
referenced herein may be trademarks and service marks of their respective
companies and are the exclusive property of such respective owners. The Site’s
marks may not be used publicly except with express written permission from the
Site, and may not be used in any manner that is likely to cause confusion among
consumers, or in any manner that disparages or discredits the Site.
19. Copyright Information.
The Materials accessible from the Site, and any other World Wide Web site owned,
operated, licensed, or controlled by Site is the proprietary information and
valuable intellectual property of the Site and the Site retains all right,
title, and interest in the Materials. Accordingly, the Materials may not be
copied, distributed, republished, uploaded, posted, or transmitted in any way
without the prior written consent of the Site, except that you may print out a
copy of the Materials solely for your personal use. In doing so, you may not
remove or alter, or cause to be removed or altered, any copyright, trademark,
trade name, service mark, or any other proprietary notice or legend appearing on
any of the Materials. Modification or use of the Materials except as expressly
provided in these Terms and Conditions violates the Site’s intellectual property
rights. Neither title nor intellectual property rights are transferred to you by
access to the Site. All Materials included on the Site, such as text, graphics,
photographs, video and audio clips, music, soundtracks, button icons, streaming
data, animation, images, downloadable materials, data compilations and software
is the property of the Site or its content suppliers and is protected by United
States and international copyright laws. The compilation of all Materials on the
Site is the exclusive property of the Site or its content suppliers and
protected by United States and international copyright laws, as well as other
laws and regulations.
20. Notice of Claimed Infringement.
The Site respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide the Site the following information:
(A) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
(B) description of the copyrighted work or other intellectual property that you
claim has been infringed;
(C) a description of where the material that you claim is infringing is located
on a Site;
(D) your address, telephone number, and email address;
(E) a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
(F) a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to:
Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
Phone: (407) 389-4529
Fax: (407) 774-6151
Larry@LawrenceWalters.com
Please do not sent other inquires or information to our Designated Agent.
21. Notice and Takedown Procedures.
The Site implements the following “notice and takedown” procedure upon receipt
of any notification of claimed copyright infringement. The Site reserves the
right at any time to disable access to, or remove any material or activity
accessible on or from any Site or any Materials claimed to be infringing or
based on facts or circumstances from which infringing activity is apparent. It
is the firm policy of the Site to terminate the account of repeat copyright
infringers, when appropriate, and the Site will act expeditiously to remove
access to all material that infringes on another’s copyright, according to the
procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The
Site’s DMCA Notice Procedures are set forth in the preceding paragraph. If the
notice does not comply with Paragraph 19 and §512 of the DMCA, but does comply
with three requirements for identifying sites that are infringing according to
§512 of the DMCA, the Site shall attempt to contact or take other reasonable
steps to contact the complaining party to help that party comply with the notice
requirements. When the Designated Agent receives a valid notice, the Site will
expeditiously remove and/or disable access to the infringing material and shall
notify the affected user. Then, the affected user may submit a
counter-notification to the Designated Agent containing a statement made under
penalty of perjury that the user has a good faith belief that the material was
removed because of misidentification of the material. After the Designated Agent
receives the counter-notification, it will replace the material at issue within
10-14 days after receipt of the counter-notification unless the Designated Agent
receives notice that a court action has been filed by the complaining party
seeking an injunction against the infringing activity. The Site reserves the
right to modify, alter or add to this policy, and all users should regularly
check back to these Terms and Conditions to stay current on any such changes.
22. Force Majeure.
The Site shall not be responsible for any failure to perform due to unforeseen
circumstances or to causes beyond our reasonable control, including but not
limited to acts of God; war, riot, embargoes, acts of civil or military
authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms
or other natural disasters; fiber cuts; strikes, or shortages in transportation,
facilities, fuel, energy, labor or materials; failure of the telecommunications
or information services infrastructure; hacking, SPAM, or any failure of a
computer, server or software, including Y2K errors or omissions.
23. General Provisions.
A. Governing Law and Venue. These Terms and Conditions and all matters arising
out of or otherwise relating to these Terms and Conditions shall be governed by
the laws of the State of Florida, excluding its conflict of law provisions. The
parties agree that the United Nations Convention on Contracts for the
International Sale of Goods is specifically excluded from application to these
Terms and Conditions. The parties hereby submit to the personal jurisdiction of
the state and federal courts of the State of Florida. Exclusive venue for any
litigation or arbitration permitted under this Agreement shall be with the state
and federal courts located in Seminole County, Florida.
B. Binding Arbitration. If there is a dispute between the Parties arising out of
or otherwise relating to this Agreement, the Parties shall meet and negotiate in
good faith to attempt to resolve the dispute. If the Parties are unable to
resolve the dispute through direct negotiations, then, except as otherwise
provided herein, either Party may submit the issue to binding arbitration in
accordance with the then-existing Commercial Arbitration Rules of the American
Arbitration Association. Arbitral Claims shall include, but are not limited to,
contract and tort claims of all kinds, and all claims based on any federal,
state or local law, statute, or regulation, excepting only claims under
applicable worker’s compensation law, unemployment insurance claims, actions for
injunctions, attachment, garnishment, and other equitable relief. The
arbitration shall be conducted in Seminole County, Florida, and conducted by a
single arbitrator, knowledgeable in Internet and e-Commerce disputes. The
arbitrator shall have no authority to award any punitive or exemplary damages;
certify a class action; add any parties; vary or ignore the provisions of these
Terms and Conditions; and shall be bound by governing and applicable law. The
arbitrator shall render a written opinion setting forth all material facts and
the basis of his or her decision within thirty (30) days of the conclusion of
the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO
TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
C. Assignment. The rights and liabilities of the parties hereto will bind and
inure to the benefit of their respective assignees, successors, executors, and
administrators, as the case may be. Neither this Agreement nor any rights
granted hereunder may be sold, leased, assigned or otherwise transferred, in
whole or in part by you.
D. Severability. If for any reason a court of competent jurisdiction or an
arbitrator finds any provision of this Agreement, or any portion thereof, to be
unenforceable, that provision will be enforced to the maximum extent permissible
and the remainder of this Agreement will continue in full force and effect.
E. No Waiver. No waiver of the Site shall be deemed a waiver of any subsequent
default of the same provision of this Agreement. If any term, clause or
provision hereof is held invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or operation of any
other term, clause or provision and such invalid term, clause or provision shall
be deemed to be severed from this Agreement.
F. Headings. All headings are solely for the convenience of reference and shall
not affect the meaning, construction or effect of this Agreement.
G. Complete Agreement. This Agreement constitutes the entire understanding of
the parties in connection with your access and use of any of the Site and any
Materials contained therein, and revoke and supersede all prior agreements
between the parties and are intended as a final expression of the terms and
conditions upon which you may access and use the Site. This Agreement shall take
precedence over any other documents which may conflict with them regarding your
access and use of the Site.
H. Modifications. The Site reserves the right to change any of the provisions
posted herein and you agree to review this Agreement each time you visit the
Site. Your continued use of the Site following the Site’s posting of any changes
to this Agreement constitutes your acceptance to such changes. The Site does not
and will not assume any obligation to provide you with notice of any change to
this Agreement.
I. Government Rights. The software elements of this Site have been developed at
private expense and are “commercial computer software” or “restricted computer
software” within the meaning of the FARs, the DFARs, and any other similar
regulations relating to government acquisition of computer software. Nothing
contained herein will be deemed to: (1) grant any government agency any license
or other rights greater than are mandated by statute or regulation for
commercial computer software developed entirely at private expense, or (2)
restrict any government rights in any extensions or custom solutions provided
hereunder and developed at government expense.
J. Other Jurisdictions. The Site makes no representation that the Site or any of
the Materials contained therein are appropriate or available for use in other
locations, and access to them from territories where their content may be
illegal or is otherwise prohibited. Those who choose to access the Site from
such locations do it on their own initiative and are solely responsible for
compliance with all applicable local laws.
K. Attorney’s Fees. In the event any Party shall commence any claims, actions,
formal legal action, or arbitration to interpret and/or enforce the terms and
conditions of this Agreement, or relating in any way to this Agreement,
including without limitation asserted breaches of representations and
warranties, the prevailing party in any such action or proceeding shall be
entitled to recover, in addition to all other available relief, its reasonable
attorney’s fees and costs incurred in connection therewith, including attorney’s
fees incurred on appeal.
L. Rights to Injunctive Relief. Both parties acknowledge that remedies at law
may be inadequate to provide an aggrieved party with full compensation in the
event of the other party’s breach, and that an aggrieved party shall therefore
be entitled to seek injunctive relief in the event of any such breach, in
addition to seeking all other remedies available at law or in equity.
24. Consumer Rights Information – California Residents.
The Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 1020 N. Street,
#501, Sacramento, CA 95814, or by telephone at 1-916-445-1254 or (800) 952-5210.
25. Contact Information.
Users who wish to gain access to the Site must be in good standing. Users may
contact the Site by email at Info@heavenNheels.com in order to receive further
information about the Site.