The User Agreement for CarolynMoriarty.com provides protection for the Company and its Users so that the best Web site possible can be provided by promoting trust among all members of our online community.
Welcome to CarolynMoriarty.com User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at CarolynMoriarty.com. If you have questions regarding these conditions, please click here to e-mail us. If you do not accept these terms and conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
Carolyn Moriarty & Company may amend this Agreement at any time by posting the amended terms on the web site. The amended terms shall automatically be effective 30 days after they are initially posted. This agreement was revised on September 18, 2015.
- Content – The User understands that all materials (“Content”) submitted to, transmitted through, or linked from CarolynMoriarty.com, are the sole responsibility of the person from whom such Content originated. More specifically, the User is entirely responsible for all Content that they submit, e-mail or otherwise make available via the Service. The User acknowledges that Carolyn Moriarty & Company shall have the right at its discretion to refuse, delete or move any Content that is submitted, for violating the Terms and Conditions or for any other reason.
- Conduct – You agree not to post, e-mail, or otherwise make available Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of the privacy of another person, or is harmful to minors in any way; that impersonates any person or entity, including, but not limited to, a Carolyn Moriarty & Company employee or representative, or falsely states or otherwise misrepresents your affiliation with a person or entity; that includes personal or identifying information about another person without that person’s explicit consent; or that is false, deceptive, misleading, deceitful, or misinformative.
- Eligibility for Membership – Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Carolyn Moriarty & Company may refuse our service (such as, but not limited to Visitor) to anyone at any time, in our sole discretion.
- System Integrity – You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the CarolynMoriarty.com site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
- Privacy – Our then-current privacy policies, available at http://www.carolynmoriarty.net/privacy-policy-for-carolynmoriarty-com/, are incorporated herein by reference.
- No Warranty – WE PROVIDE THE CarolynMoriarty.com WEB SITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
- Limit of Liability – IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
- General Compliance with Laws – You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
- Notices – Except as explicitly stated otherwise, any notices shall be given by e-mail to this e-mail address (in the case of Carolyn Moriarty & Company) or to the e-mail address you provide to Carolyn Moriarty & Company during any communications. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Carolyn Moriarty & Company during any communications. In such case, notice shall be deemed given 3 days after the date of mailing.
- Arbitration – Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Seminole County, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Carolyn Moriarty & Company may seek any interim or preliminary relief from a court of competent jurisdiction in Seminole County, Florida necessary to protect the rights or property of you or Carolyn Moriarty & Company pending the completion of arbitration.
- General – This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
- Disclosures – The services hereunder are offered by Carolyn Moriarty & Company, located in Altamonte Springs in Seminole County, Florida. If you are a Florida resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.The Florida Division of Consumer Services may be contacted in writing at:
Florida Department of Agriculture and Consumer Services
Division of Consumer Services
407 South Calhoun Street, Mayo Building
Tallahassee, FL 32399-0800
or by telephone at (800) 435-7352.