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Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Along the Gulf. Along the Gulf provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of
the TOS at any time at: http://www.AlongtheGulf.com/tos.htm. In addition, when
using particular Along the Gulf services, you and Along the Gulf shall be subject to any
posted guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS. Along the Gulf also may offer other services from time to
time, such as Along the Gulf Store and Along the Gulf Site that are governed by different
Terms of Services.
2. DESCRIPTION OF SERVICE
Along the Gulf currently provides users with access to a rich collection of on-line
resources, including, various communications tools, shopping services,
personalized content and branded programming (the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current Service, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that Along the Gulf assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings.
You acknowledge that Along the Gulf does not pre-screen Content, but that Along the Gulf and
its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, Along the Gulf and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Along the Gulf or
submitted to Along the Gulf, including without limitation information in Along the Gulf
Message Boards, Along the Gulf Clubs, and in all other parts of the Service.
You acknowledge and agree that Along the Gulf may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Along the Gulf, its users and the public.
3. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
4. INDEMNITY
You agree to indemnify and hold Along the Gulf, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post to or
transmit through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
5. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Along the Gulf may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other
uploaded Content will be retained by the Service,
7. MODIFICATIONS TO SERVICE
Along the Gulf reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Along the Gulf shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
the Service.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Along the Gulf shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
9. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Along the Gulf has no control over such
sites and resources, you acknowledge and agree that Along the Gulf 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, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Along the Gulf 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 Content, goods or services available on or through any such
site or resource.
10. Along the Gulf'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Along the Gulf or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part. Along the Gulf grants
you a personal, non-transferable and non-exclusive right and license to
use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose
of obtaining unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that is provided
by Along the Gulf for use in accessing the Service.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Along the Gulf 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 Along the Gulf HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. 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 11 AND 12
MAY NOT APPLY TO YOU.
14. TRADEMARK INFORMATION
Without Along the Gulf's prior permission, you agree not to display or use in any manner,
the Along the Gulf Marks.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
Please report any violations of the TOS to info@alongthegulf.com. |
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