1. Online Service Agreement.
By using this Site owned and/or controlled by Joel S. Duhl, Inc., you agree (for yourself and/or on your company's behalf) to the rules and regulations contained herein without limitation or qualification. For purposes of this Agreement, the term "using" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Site. If you do not agree with any part of this Agreement, YOU MUST NOT USE THIS SITE.
2. Use Rights.
This Agreement provides you with a personal, revocable, non-exclusive, non-transferable license to use the Site conditioned on your continued compliance with this Agreement. Content provided by Joel S. Duhl, Inc. through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. CONTENT OWNED BY JOEL S. DUHL, INC. LICENSOR(S) OR OTHER THIRD PARTIES MAY BE SUBJECT TO ADDITIONAL RESTRICTIONS. You agree not to copy, modify, adapt, translate, reproduce, retransmit, distribute, disseminate, circulate, sell, publish, reverse engineer, frame, decompile, or dissemble the content received through the Site (including any prices or services description) to anyone, including but not limited to others in the same company or organization, without express prior written consent from Joel S. Duhl, Inc. Actual or attempted unauthorized use of the Site may result in criminal or civil prosecution.
3. Usernames and Passwords.
The username and password you create is for your use only and will give you access to secured areas of the Site. By giving us the personal information necessary to create a username and password you are opting in to the collection and use of your personal information by us or our contracted service providers. Without your unique username and password, you will be unable to access these secured areas.
If you are not the person whose social security or member ID number is being used to access information on our Site, please be advised that this may constitute a fraudulent act. The Identity Theft and Assumption Deterrence Act of 1998, makes identity theft a federal crime with penalties up to 15 years imprisonment and a maximum fine of $250,000. (Title 18 USC 1028).
4. Health Content.
The information on this Site is not a substitute for professional health care, nor is it in any way to constitute medical advice and should not be relied upon for medical diagnosis or treatment. You should never disregard medical advice or delay in seeking it because of something you have read on this Site. For personal medical guidance, please consult your physician.
5. Intellectual Property.
The Site content is protected under US and foreign law. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) of this Site belongs to and is controlled exclusively by us. In addition, the names, images, pictures, logos and icons identifying our products and services are proprietary marks that belong to us. Except as expressly provided, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. Republication or citation of any content generated by the Site without Joel S. Duhl, Inc.'s written consent is expressly prohibited. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Joel S. Duhl, Inc. prohibits the use of any content on this Site as a link on, or to, any other Web site unless establishment of such a link is pre-approved by Joel S. Duhl, Inc. in writing.
7. Advertising and Links to Other Web sites and Services.
To the extent this Site contains advertising regarding and/or links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Joel S. Duhl, Inc. does not endorse, investigate, verify, or monitor the content, accuracy, or opinions expressed on other Internet sites hyper-linked to this Site, nor does the information found on these other sites necessarily represent the views of Joel S. Duhl, Inc. We also do not warrant that these sites are free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that such sites are free of computer viruses.
8. Change of Information.
This Agreement was last updated on August 2007. Joel S. Duhl, Inc. may change the terms in this Agreement at any time. Any changes will appear in this Agreement, which you can access at any time by returning to this Site. It is your responsibility as a user to refer to the terms on accessing the Site. Changes will be effective the day after first posting to the Site and you will be deemed to have accepted any change if you continue to access the Site after that time.
9. No Warranties.
THIS SITE IS PROVIDED BY JOEL S. DUHL, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOEL S. DUHL, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JOEL S. DUHL, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JOEL S. DUHL, INC. DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM JOEL S. DUHL, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS UP TO YOU TO TAKE PRECAUTIONS AGAINST VIRUSES AND OTHER ITEMS OF DESTRUCTIVE NATURE. JOEL S. DUHL, INC. ALSO RESERVES THE RIGHT TO ALTER THE CONTENT OF THE SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR ANY TYPOGRAPHICAL ERRORS THAT MAY APPEAR ON THE SITE OR FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
Without limiting the above, no warranty or guarantee is made (i) that you will receive the lowest available price for services available through this Site; (ii) regarding the availability of products and/or services through this Site; (iii) that use of this Site and all software, products or services associated with this Site will be error-free; (iv) regarding the results that may be obtained from the use of this Site; (v) regarding the completeness, accuracy, reliability or quality of any information, content, data, service, advice or merchandise provided or available through this Site; or, (vi) regarding the performance or non-performance of this Site including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.
10. Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER JOEL S. DUHL, INC. NOR ITS AFFILIATES NOR ANY OF THEIR OWNERS, EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF JOEL S. DUHL, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. JOEL S. DUHL, INC. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF OR BROWSING OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. FURTHERMORE, JOEL S. DUHL, INC. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER DUE TO ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO THE SITE OR PASSWORDS, DATA, OR INFORMATION ON THE SITE.
You agree to reimburse and hold harmless Joel S. Duhl, Inc. and its affiliates and any of their owners, employees, agents, directors, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors and assigns against any claims arising directly or indirectly from your use of the Site.
12. Termination of Usage.
Joel S. Duhl, Inc. may discontinue or change the Site, or the availability of the Site to you at any time without notice, and you may terminate your use of the Site at any time without notice. This Agreement is personal to you and you may not assign your rights or obligations to anyone. Upon termination of this Agreement, Sections 5, 9, 10, 11 and 13 shall survive.
13. Jurisdiction and Venue.
This Site, including this Agreement, shall be governed by, and construed in accordance with, the laws of the State of Florida (without giving affect to the choice of law principles thereof). Any dispute arising out of or in relation to this web site, including this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts of Florida. You agree and consent to the personal jurisdiction in the federal and state courts of Florida, for any action concerning any dispute arising in connection with this web site or this agreement. You represent that you are using the Site at the direction and for the benefit of your company, and have authority to bind your company to this Agreement. If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect.
14. Questions, Problems and Complaints.
If you have a question, problem or complaint regarding this Agreement, you may contact Joel S. Duhl, Inc. at:
Mailing address: 555 W. Granada Blvd. B3, Ormond Beach, FL 32174