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TERMS OF SERVICE | TERMS OF USE
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OUR TERMS AND CONDITIONS OF USE / SERVICE: |
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Thank you for coming to our website. If you would like to use our website, you must agree to conform to and be legally bound by the terms and conditions of use and or service as described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS OF USE OR SERVICE, THEN DO NOT USE OUR WEBSITE. |
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OUR PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS OF USE / SERVICE: |
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You may view our privacy policy on this website. Our privacy policy is part of, and subject to, these terms and conditions of use. |
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OUR ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS OF USE / SERVICE: |
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Please view our Anti-Spam Policy on this website. Our Anti-Spam Policy is part of, and subject to, these terms and conditions of use/service. |
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OWNERSHIP OF CONTENT: |
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We claim all property rights(including intellectual property rights), for all content on our websites, and you are not allowed to infringe upon those rights or infringe on any rights on behalf of ourselves and our content suppliers. All content on our website is owned by us or our content suppliers. Anyone who attempts to steal our property, will prosecute to the fullest extent of the law
You further agree not to copy content from our website without our specific permission. You may request use our content by submitting a request to us by e-mail at
support[at]phil-estabrook.com.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to support[at]phil-estabrook.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership. |
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MODIFICATIONS AND TERMINATIONS: |
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At our discretion, we may terminate these terms and conditions of use/service for any reason and at any time without notice to you. We also may change these terms and conditions from time to time without notice. When and if any such changes are made, they will become effective immediately, and we will only notify you by a posting a notice on our website’s home page informing all visitors of the changes that have been made. You should immediately stop and not use our website if you disagree with the changes that have been made.
If you have concerns about any of these terms and conditions of use/service, you should re-read them every time you use or visit our website. Any questions or concerns should be brought to our attention by sending an e-mail to support[at]phil-estabrook.com and provide us with information relating to your concern and the website that it pertains to. |
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USER LICENSEE STATUS: |
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On our websites that require a user name and or password to access you understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may for any reason terminate your license to access our website, and licensee to our website, without giving you notice. |
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OBSCENE AND OFFENSIVE CONTENT: |
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We can not be held responsible or liable for any obscene or offensive content that you receive or view from others while using our website. However, we can and will investigate the matter if you do receive or view such content, if you contact us by e-mail to support[at]phil-estabrook.com and provide us with information relating to your concern and the website that it pertains to. We reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website, although we are not obligated to do so.
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MINORS: |
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Minors (persons below the age of 18), you may use our website only with the permission and active involvement of a parent or legal guardian. If you are in this category (a minor), please do not disclose to us or any other website you visit with any personal information. We do not provide services or sell products to children. |
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DISCLAIMERS AND LIMITATIONS OF LIABILITY: |
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Information provided by us (or any third party) on our website is on an ”as available” basis, or ”as is". Use of our website is at your sole risk and that you agree to this. As Owner’s of this and other websites, we disclaim statutory warranties, any express warranties, all warranties of any kind, including but not limited to, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided (although all due diligence is used in researching the most current information that is available to us at the time of researching), and are not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use/service. |
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INDEMNIFICATION: |
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You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions. |
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COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION: |
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By use of our websites you agree to obey all applicable laws while using our website.
You further agree that the laws of AL govern these terms and conditions of use/service without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Coffee County, AL, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees. |
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SEVERABILITY OF THESE TERMS AND CONDITIONS OF USE / SERVICE : |
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If any part of these terms and conditions of use/service are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding. |
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HOW TO CONTACT US: |
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Any questions or concerns about these terms and conditions of use/service may be sent to our attention by e-mail at support[at]phil-estabrook.com and provide us with information relating to your concern and the website that it pertains to.
You may also mail your concerns to the corporate offices at the following address:
Because I Can, Inc.
102 Fernway Dr.
Suite 23A
Enterprise, AL 36330
USA
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ENTIRE AGREEMENT RESPONSABILITIES: |
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These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of this or any other of our websites. |
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These terms and conditions for use/service were last updated on 05-07-2010. |
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This document and or any portion thereof may not be copied or used without the express written permission from the corporation executive committee. All Rights Reserved.
Copyright © 2010 and specifically licensed for use by Because I Can, Inc on any of it’s business websites. Prepared by the Law Office of Robert P. Smiley LLC. |
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