Terms & Conditions
Last updated: May 15, 2017
AGREEMENT BETWEEN USER AND WEB PRESENCE EXPERTS.
Web Presence Experts provides our website visitors with access to its content, resources, and tools
for communication, public forums, commerce platforms, and other services through its network of
websites at mywebpresenceexperts.com (the “Website”). Web Presence Experts provides its
The Website is comprised of various Web pages owned and operated by Web Presence Experts,
and its subsidiaries (together, “Company”).
The Website is offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Website constitutes your agreement to
all such terms, conditions, and notices.
Conditions of Use
THESE TERMS AND CONDITIONS OF USE APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS
AND OTHER INFORMATION AND MATERIALS THAT ARE OR BECOME AVAILABLE ON OR THROUGH
THE WEBSITE (COLLECTIVELY, THE “MATERIAL”). PLEASE READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY. BY ACCESSING THE WEBSITE YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS AND CONDITIONS OF USE AND YOU SPECIFICALLY AGREE, WITHOUT
LIMITATION OR QUALIFICATION, TO EACH OF THE PROVISIONS CONTAINED HEREIN. THESE TERMS
AND CONDITIONS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY
ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE
THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.
THESE TERMS AND CONDITIONS OF USE FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT
AGREE TO ANY OR ALL OF THE PROVISIONS FOUND IN THESE TERMS AND CONDITIONS OF USE,
PLEASE IMMEDIATELY EXIT THE WEBSITE. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OR
ACCESS TO THE WEBSITE OR YOUR ACCOUNT AT ANY TIME FOR ANY REASON, INCLUDING,
WITHOUT LIMITATION, IF WE LEARN THAT YOU HAVE VIOLATED THESE TERMS AND CONDITIONS
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED
ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT
PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO THE WEBSITE, ANY USE OF THE WEBSITE AND ANY WEBSITE TO WHICH THE WEBSITE IS
LINKED. COMPANY DOES NOT WARRANT THAT THE MATERIAL ON THE WEBSITE IS COMPLETE OR
ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS
WEBSITE OR SERVER OR ANY MATERIAL ON THIS WEBSITE IS FREE OF DISABLING DEVICES (AS
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
A “DISABLING DEVICE” IS DEFINED AS ANY SOFTWARE, DOCUMENT, MESSAGE OR OTHER MATERIAL
WHICH CONTAINS A COMPUTER VIRUS, WORM, TROJAN HORSE, TIME-BOMB OR OTHER HARMFUL
DEVICE WHICH MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT
OR MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR
Limitations on Authority
WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO- DATE
INFORMATION ON THE WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL COMPANY, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS,
PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE
OR INABILITY TO USE THIS WEBSITE, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF
OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS,
DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY
OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF
PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
YOU (AND NOT COMPANY OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR
MALFUNCTION ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS.
Third Party Content
Company may distribute content supplied by third parties on the Website. Any opinions, advice,
statement, services, offers, or other information or content expressed or made available by third
parties, including information providers or any other user of the Website, are those of the
respective author(s) or distributor(s) and not of Company.
Links to Third Party Sites
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the
control of Company and Company is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Company is not responsible for webcasting or any other form of transmission received from any
Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Company of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Company that you will not use the
Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You
may not use the Website in any manner which could damage, disable, overburden, or impair the
Website or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made available or
provided for through the Website.
Information that you provide to us or that we collect about you when visiting the Website will be
Legal Jurisdictions Only
The services described on the Website are only for persons in those states and jurisdictions where
such services may legally be sold. Those who choose to access this website do so at their own
initiative and are responsible for compliance with local laws. Some services may not be available in
all jurisdictions and nothing on the Website shall be considered a solicitation to buy or an offer to
sell any services to any person in any jurisdiction where such offer, solicitation, purchase or sale
would be unlawful.
Access to Password Protected or Secure Areas
Access to and use of password protected or secure areas of the Website are restricted to authorized
persons only. Anyone accessing or who attempts to access such areas without authorization may be
subject to prosecution.
Ownership of Information
If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings,
pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall
be deemed, and shall remain, the property of Company. None of the Submissions shall be subject to
any obligation of confidentiality on the part of Company, and Company shall not be liable for any
use or disclosure of any of the Submissions. Without limitation of the foregoing, Company shall
exclusively own all now known or hereafter existing rights to the Submissions of every kind and
nature throughout the world and shall be entitled to unrestricted use of the Submissions for any
purpose whatsoever, commercial or otherwise, without compensation to the provider of the
Company manages and controls the Website from its offices located in Florida (United States of
America). Company makes no representation that the Information or other materials in the Website
are appropriate or available for use in other locations. If you choose to access the Website outside
of the state of Florida through your own initiative, to the extent the local laws in the geographic
region in which you are located are applicable to your access of and activities on the website you
are responsible for compliance with such local laws.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws
of the State of Florida, United States of America, without giving effect to any principles of choice of
law or conflicts of law that would require the application of the laws of a jurisdiction other than the
State of Florida. Venue for all disputes will be the Federal and State courts located in Broward
County, Florida. If any provision of these Terms and Conditions of Use shall be unlawful, void or for
any reason unenforceable, then that provision shall be deemed severable from these Terms and
Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions of Use constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersedes all previous written or oral agreements between the
parties with respect to such subject matter.
Copyright and Trademark Notices
All Material included on the Website, except third party content as referenced above, is the
property of Company and is protected by United States and international copyright laws. No portion
of the Material on the Website may be reprinted or republished in any form without the express
written permission of Company or, with respect to third party content, its respective owner. You
may download Material from the Website your own personal, non-commercial use only, provided
you do not modify the Material and keep intact all copyright and other proprietary notices. You may
not further distribute or display such Material for any purpose. Without our prior written consent,
you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited,
commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or
electronic means (including without limitation robots, spiders, scripts or other automatic device) to
monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the
Website for any purpose; or (d) frame the Website, place pop-up windows over its pages, or
otherwise affect the display of its pages.
Certain of the names, logos, and other materials displayed on the Website may constitute
trademarks, tradenames, service marks or logos (“Marks”) of Company or third parties. You are not
authorized to use any such Marks. Ownership of all such Marks and the goodwill associated
therewith, with the exception of the third party Marks, remains with Company and are protected by
United States and international trademark laws. Nothing contained on the Website should be
construed as granting, by implication or otherwise, any license or right to use any of the Marks
displayed on the Website. Your use of the Marks displayed on the Website, or any other content on
the Website, except as provided herein, is strictly prohibited. All Marks not owned by Company that
appear on the Website are the property of their respective owners.
Copyright Infringement Policy
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17
United States Code Section 512(c)(2) (“DMCA”), Company will investigate notices of copyright
infringement and take appropriate remedial action. If you believe that any Content on the Website
has been used or copied in a manner that infringes your work, please provide a written notification
of claimed copyright infringement to the Designated Agent for the Site containing the following
elements as set forth in the DMCA:
a physical or electronic signature of the owner of the copyright interest that is alleged to
have been infringed or the person authorized to act on behalf of the owner;
identification of the copyrighted work(s) claimed to have been infringed, including copyright
identification of the Content you claim to be infringing and which you request be removed
from the Site or access to which is to be disabled along with a description of where the
infringing Content is located;
information reasonably sufficient to allow us to contact you, such as a physical address,
telephone number and an email address;
a statement by you that you have a good faith belief that the use of the Content identified
in your written notification in the manner complained of is not authorized by you or the
copyright owner, its agent or the law; and
a statement by you that the information in your written notification is accurate and that,
under penalty of perjury, you are the copyright owner or authorized to act on behalf of the
Company’s designated agent for the written notification of claims of copyright infringement can be
contacted at the following address:
Designated Agent – Copyright Infringement Claims
Web Presence Experts
c/o Greenspoon Marder, Attention: Robby H. Birnbaum, Esq.
100 West Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
Phone: (954) 343 6959
You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates,
officers, directors, managers and other partners, employees, consultants and agents, from and
against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable
attorneys’ fees and court costs) resulting or arising from (1) any information you (or anyone
accessing the your computer) submit through the Website, (2) your violation of these Terms and
Conditions of Use or applicable law, (3) your (or anyone using your account/computer/device)
violation of any rights of any other person or entity, or (4) any Disabling Device or other similar
harmful or deleterious programming routines input by you into the Website.
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 and
disclaimers may not apply to you. To the extent that Company may not, as a matter of applicable
law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty
and the extent of our liability shall be the minimum permitted under such applicable law.
You agree that Company, in its sole discretion, may terminate your access to the Website without
prior notice, for any reason, including, without limitation, if we believe that you have violated or
acted inconsistently with the letter or spirit of these Terms and Conditions of Use. FURTHER, YOU
AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY
TERMINATION OF YOUR ACCESS TO THE WEBSITE. The provisions of these Terms and Conditions of
Use shall survive any termination of your access to the Website, Material or Software.
Violations of Terms and Conditions of Use
Company reserves the right to seek any remedy available at law or in equity for any violation of
these Terms and Conditions of Use, including the right to block access from a particular Internet
address to the Website, and irreparable harm will be presumed by any violation of these Terms and
Conditions of Use.
FEEDBACK AND SUBMISSIONS
Company welcomes your feedback and suggestions about its programs or services or with respect
to how to improve the Site. By transmitting any suggestions, information, material, or other content
(collectively, “feedback”) to Company, you represent and warrant that such feedback does not
infringe or violate the intellectual property or proprietary rights of any third party (including,
without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary
to convey to Company and enable Company and/or the Website to use such feedback. In addition,
any feedback received through the Site will be deemed to include a royalty-free, perpetual,
irrevocable, transferable, non-exclusive right and license for Company and/or the Website to adopt,
publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and
display (in whole or in part) worldwide, or act on such feedback without additional approval or
consideration, in any form, media, or technology now known or later developed for the full term of
any rights that may exist in such content, and you hereby waive any claim to the contrary.