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terms-obituarydata Terms of Use
 

 
 
  1.         ObituaryData.com Website Terms of Use

Welcome to ObituaryData.com, the official website for American Family Archives & Chronicles, Inc., d/b/a ObituaryData.com ("OD" or "we" or "us"). The following is important information regarding this ObituaryData.com and all associated domains, subdomains, or webpages (individually and collectively, “Site.”) This important information also concerns our copyright to the contents of the Site and governs your use of the Site and any data obtained therefrom (“Data.”) Registration and certain other information submitted by you are subject to our applicable Privacy Policy, the terms and conditions of which are expressly incorporated herein by this reference. For more information, see our full Privacy Policy at www.ObituaryData.com/privacy.asp. You agree that through your use of or access to this Site, including without limitation your use of any Data, and your use of any of the services offered on this Site (the “Services”), you consent to these Terms of Use, and to the collection and use (as set forth in the applicable Privacy Policy) of information submitted by you, including the transfer of this information for storage, processing and use by OD and its affiliates.

Any person (“you” or “User”) who accesses this Site, agrees by such access to be bound by these Terms of Use, by our Privacy Policy, and by any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Use). Accessing the Site in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use.

We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this Site and update the “Last Updated” date above to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified. If you have negotiated and executed a contract with us which incorporates these Terms of Use by reference, your contract will not be affected by any modifications to the Terms of Use that take place after the Effective Date of your contract.

We also reserve the right to deny access to the Site or any features of the Site to any individual, entity, or group who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.

2.         Age Requirement

By using this Site, you certify that you are 18 years of age or older. Children under the age of 18 may not submit data or other material to this Site. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally identifiable information, you hereby represent by submitting data, that you are of the age of majority in such state, province, or country, and that your use of the Site, the provision of your personally identifiable information to us, and our use of such personally identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

3.         Services Offered on the Site

The Site offers Services relating to a database of information primarily obtained from published obituaries. The several Services offered on this Site are each described in detail in the appropriate sections of the Site and are subject to these Terms of Use. By using this site, you agree that the only services which you may access are those described in any separate purchase agreement or service contract you negotiate and execute with us, or those which you pay for directly through this Site.

4.         Rules Regarding Site Use

You agree to honor the following rules and restrictions for using the database which is provided as part of the Services:

  A) Restricted access: Logins (as hereinafter defined) may be used only by you, or by appropriate personnel within your organization.
  B) Protection of credentials: You agree to safeguard the Logins issued hereunder, and to ensure that any use of the Service made by any person, entity, or automated system which you allow to use, store, or access such Login is in accordance with these Terms of Use. You may change the password associated with any Login at any time. It is your responsibility to change the passwords as often as may be necessary to ensure that no unauthorized person, entity, or automated system gains access to the Service through your Login and without your consent.
  C) Assumption of Risk and Liability: You agree to be responsible for charges resulting from the use of the your Login, to inform OD any time you suspect your Login was used to gain access to the Service without your authorization, and to immediately change all applicable passwords in the event you suspect such unauthorized access. You agree to assume responsibility for ensuring that all data obtained through the use of your Login is protected in accordance with these Terms of Use, whether such use of your Login was authorized or not. OD is not responsible for unauthorized use of your Passwords.
  D) Redistribution of Data:  You may sell, or otherwise provide, to third parties the ability to search the information in the Product and retrieve data therefrom, including data purchased from us in accordance with the following:

  • You may not allow third parties any ability whatsoever, by any means whatsoever, to export in Bulk (as defined below) the data you purchase from us. As used in this Agreement, the term “Bulk” means all or substantially all of the Product in its entirety.  Notwithstanding the foregoing, the term “Bulk” does not include licenses or sales to third parties (i) that integrate the Product into its systems for internal use; or (ii) that use the Product in commercial products that are a compilation of multiple data sources.
  • You may not offer “list-match” monitoring services, self search services, or any other service, using only data purchased from us, which directly competes with Services offered by us and available for purchase on this Site.
  • You may not offer “open-internet access” to the data purchased from us.  Any third parties viewing or searching the data purchased from us must be paid users/subscribers of the system/product incorporating our data, and must be logged in to the system/product with credentials specifically set for that user.

  E) Representations, Warranty, and Covenant: You represent, warrant, and covenant that any person, entity, or automated system that gains access to the Service through your Login does so with your authority, and that any actions undertaken through your Login constitute a binding commitment on your part.
  F) Social Security Death Master File: ObituaryData is certified as a Licensee of the Social Security Death Master File (SSDMF). The License allows us to grant access to search the SSDMF for legitimate purposes. To be eligible, users must agree to accept the terms of “The new Federal Regulations” document that will appear on the search page.
If the Services you purchase from us (now, or at any time in the future) include access to Social Security Death Master File data, you, by using this Site, represent, warrant, and covenant as follows:
     
    • That you will use such data solely for a legitimate business or fraud-prevention purpose, as those terms
   are defined in 15 CFR 1110;
    • That you will disclose such data only to such third parties as have a legitimate business or fraud-
   prevention purpose, as those terms are defined in 15 CFR 1110;
    • That you have systems, procedures, and facilities in place sufficient to prevent disclosure of such data
   to unauthorized persons; and
    • That you will indemnify us, per paragraph 20 of these Terms of Use, for any civil penalty we may be
   required to pay as a result of your failure to comply with the conditions in this paragraph.

5.         Changes to Site and Access to Site

OD reserves the right to change, add, or delete any portions of the Terms of Use from time to time, without liability or prior notice to you, and your continued use of the Site constitutes your acceptance of and agreement to any and all such changes. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms of Use and to review such changes. If you do not agree to abide by these or any future Terms of Use, you must discontinue your access or use of the Site. In addition, OD may post additional terms, conditions, rules or requirements related to the Site and/or its services and features. All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms of Use and you agree to be bound by and subject to them. At its sole discretion, OD also may offer other services or features governed by different Terms of Use.

We also reserve the right to deny access to the Site, or any features thereof, to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.

6.         Site Content Ownership

Some of the information available through this website is in the public domain and can be obtained from third-party sources. We make no representation of ownership of, or of exclusive rights to, such public-domain information Notwithstanding such disclaimer, we retain all applicable intellectual property rights to the manner in which we, through any action on our part, whether automated or otherwise, compile, organize, digitize, and package such Data for authorized users of this Site, and make such Data available for access, search, and download. We retain ownership of all intellectual property rights in this Site and all content thereof, including but not limited to the OD database, the Site layout, color schemes, URLs, photos, drawings, images, catalogs, advertisement, videos and sound, and any patents, copyrights, trademarks, service marks, logos and trade secrets (collectively “Content”), except and unless the rights to such Content derive from a license or other authority to use the intellectual property of a third party. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any our Content on or outside of this Site, to include without limitation, utilizing, copying, distributing, re–publishing, uploading, removing, posting, creating or attempting to create any derivative works, or modifying, reverse–engineering, or transmitting any such Content, unless expressly authorized in these Terms of Use. You may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend, whether indicating our ownership or our licensed use of a third-party’s property, contained on the Site or in the Content. You agree not to access the Service by any means other than through the interface OD provides via the Site for use in accessing the Service. Your use of the Site or Service does not grant you any right, license or permission of any kind to reproduce or use OD’s intellectual property, nor does it confer any ownership rights to Data obtained therefrom, except as explicitly provided by these Terms of Use.

7.         Limited Right to Use Site Materials

This Site and all of the Content available on the Site are the property of OD and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of OD’s rights or those of our affiliates or licensors or customers or that has not been authorized by us. Unless explicitly authorized in these Terms of Use or by the owner of the materials constituting such Content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the Site. Nothing in this prohibition, however, shall limit your ability to download, save, and/or print copies of reports generated on the Site based on your queries, provided that a.) any such archival records are made pursuant to a bona fide purchase of Services from OD; b.) any such archival records are made solely for your own use (or for the use of your organization), as contemplated by both parties at the time of purchase; and c.) you preserve intact all copyright, trademark registration and other proprietary notices provided by OD on any data so archived. Nothing in this limitation, however, shall be construed to prevent you from redistributing the data you obtain from us when performed in accordance with the limitations in paragraph 4 of these Terms of Use.

8.         Services and Pricing

You agree to pay to OD the applicable charges as described in an order for Services. Payment may be made by check or major credit card and is due, in advance, for the period agreed to at the time an order is accepted by OD. Any service for which we offer a monthly, in arrears, billing option must be paid within ten (10) days of the due date on the invoice. Payments made after that date will incur a late charge of 10%.  We reserve the right to suspend or cancel, at our sole option and without limitation, any Services (to include denying access to the Site via previously-authorized Logins) for which payment is delinquent; to require that services previously billed monthly be paid in advance; and/or to require full payment in advance before reinstating Services or access to this Site for delinquent accounts.

All features, specifications and prices of Services described on the Site are subject to change at any time without prior notice. We always attempt to maintain current pricing on the Site. Despite these efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We reserve the right to correct such errors without obligation to any User, except that such corrections may not be retroactively applied to any services for which we have accepted payment. In addition, we may make changes in information about price and availability without notice.

9.         Default and Remedies
 
  A) By you - If you fail to (i) pay any fees, as agreed; or (ii) comply with these Terms of Use and fail to remedy such failure within ten (10) business days of receipt of written notice, such actions shall, at OD's option, constitute a default under these Terms of Use. OD’s remedies in the event of such a default include, but are not limited to, the right to receive the unpaid balance of the Services plus costs of collection (including reasonable attorneys’ fees), and/or termination of access to the Services.
  B) By OD - If OD fails to update and/or provide access to purchased Services for in excess of 72 consecutive hours, you, at your option, may deem such failure a default under these Terms of Use. In such event, your sole and exclusive remedies shall be to terminate the applicable Services and to request a pro-rata refund of any pre-paid fees.

10.       Limitations on Linking and Framing

You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship, endorsement, affiliation or other connection of your website or service by OD. However, you may not, without our prior written permission, frame, inline-link, or deep-link any of the content of our Site, or incorporate into another website or other service any of our material, Content or intellectual property, unless you purchased bulk data and linked or incorporated it in compliance with the limitations of paragraph 4 of these Terms of Use.

11.       Content You Submit To Us

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our sole judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

12.       Excessive Use of Site

Generally, OD will allow unlimited use of the database as described in each use or subscription agreement for the applicable Services. However, in the event that you perform more than 100 countable searches per day, OD reserves the right to suspend the applicable Service to determine if the activity is within the agreed use and for the stated purpose of the agreement. OD may request, from you, such information as may reasonably be necessary to make such a determination, and may make further access to Services contingent upon the provision thereof. In the event that OD cannot verify your compliance with the applicable limitations, OD reserves the right to cancel the remaining term of the applicable agreement. Your sole and exclusive remedy in the event of such cancellation will be a pro-rata refund of any pre-paid fees.

13.       User Feedback and Submissions

OD welcomes your feedback, but if you send us any feedback, messages, comments or tags; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (“Submissions”), you represent and warrant to OD that you either own the Submission or have the right to grant OD the license described below. OD does not claim to own such Submission; we claim only the rights you have licensed to us.

You agree that in making a Submission, OD shall not be required to compensate you for any such license or Submission, that any such Submission shall not be considered confidential or non-public once submitted to OD, and that OD alone is free to decide whether or not to post or use the Submission. In the event a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to OD via the Site or otherwise, you: (a) agree not to make any Submission that violates in any way these Terms of Use; (b) automatically grant OD a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable, royalty–free license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; (d) warrant that any Submission you make to use is not subject to any rights or obligations of a third party; and (e) agree to indemnify us and hold us harmless, as provided in paragraph 20 of these Terms of Use, for any and all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive, royalty-free license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these Terms of Use.

14.       Availability of Site and Content

OD may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them) for any reason, in OD's sole discretion, and without advance notice or liability. In the event such suspension or termination exceeds 72 consecutive hours, your sole and exclusive remedies shall be those listed in paragraph 9(B).

15.       Reservation of All Rights Not Granted as to Content and Site

These Terms of Use and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by OD and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.

16.       Customer Service

If you have any question about the Site or the Services or you otherwise wish to contact us, please use the contact information displayed on the website to call, write or email us and we will respond as quickly as possible.

17.       General Practices Regarding Use and Storage

You acknowledge that OD may establish general practices and limits concerning use of the Site, including without limitation, the maximum number of days that data “list maintain” requests, content or information, will be retained by the Site, the maximum disk space that will be allotted on OD’s storage devices on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that OD has no responsibility or liability for the deletion or failure to store any submissions, regardless of form or type, placed on, maintained, or transmitted by the Site. You further acknowledge that OD reserves the right to modify these general practices and limits from time to time.

18.       Linking and Third Party Content

The Site may contain links to third–party websites not under our control or operation. OD or users may provide any such links only as a convenience; OD does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Site may contain news, advertisements, content and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses, malware, and any other harmful content of any kind.

19.       Laws and Regulations

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Site and its Content and (ii) release of information to and retrieval of information from the Site. To the extent that any applicable taxes, duties, or other fees apply to your use of the Site, you are responsible for all such payments. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Site, as applicable, to any applicable government agencies, all without liability to us. Without limiting the foregoing rights, you consent and agree that OD may access, preserve and disclose your account information and any submission if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including without limitation, to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any submission violates the rights of third parties; (iv) respond to requests for customer service; or (v) protect the rights, property or personal safety of OD, its users and members, and/or the public.

20.       Indemnification

You agree to indemnify, save, defend, reimburse and hold OD, its officers, directors, employees, and representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), etc. resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission; and/or (iv) your violation of any rights of another, whether by action or omission.

21.       Compatibility

You acknowledge and agree that OD, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.

22.       Procedure for Alleging Copyright Infringement

Digital Millennium Copyright Act: OD will respond to alleged copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The Privacy Policy does not protect information that OD may provide to third parties at its discretion or as required by law through copies of notices referenced below:

  A) If you are a copyright owner or an agent thereof and believe that any User Generated Content infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing OD’s Intellectual Property department with notice containing the following:

1)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

2)  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
 
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit OD to locate the material

4)  Information reasonably sufficient to permit OD to contact you, such as an address, telephone number, and, if available, an electronic mail address

5)  A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6)  A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 
  B) Counter-Notice - If you believe that your User Generated Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Generated Content, you may send a counter-notice to OD’s Intellectual Property department, containing the following information:

1)  Your physical or electronic signature

2)  Identification of the User Generated Content that has been removed or to which access has been disabled and the location at which the User Generated Content appeared before it was removed or disabled
 
3)  A statement that you have a good faith belief that the User Generated Content was removed or disabled as a result of mistake or a misidentification of the User Generated Content; and

4)  Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal court in Fort Pierce, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

5)  If a counter-notice is received by the Intellectual Property department, OD may send a copy of the counter-notice to the original complaining party informing that person that OD may replace the removed User Generated Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Generated Content provider, member or user, the removed User Generated Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at OD's sole discretion.

6)  Please keep in mind that only DMCA notices should go to the Intellectual Property department at OD; any other feedback, comments, requests for support, and other communications should be directed to Customer Service (see paragraph 13 above). You acknowledge that if you fail to comply with all of the requirements of this paragraph 22, your DMCA notice may not be valid.

7)  OD will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:

By Mail:

American Family Archives & Chronicles, Inc., d/b/a ObituaryData.com
P.O. Box 62
Vero Beach, FL 32961
Phone   1-888-286-4006
Fax      1-888-287-3511
Attention: ObituaryData.com

By E-Mail: Support@ObituaryData.com

It is often difficult to determine if your copyright has been infringed. OD may elect not to respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and OD may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

23.       Disclaimer of Warranties

OD PROVIDES THE SITE, AND ALL INFORMATION, CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. OD HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY, REGARDING:

·         YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN, OR

·         THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE.

OD SPECIFICALLY DOES NOT WARRANT THAT THE OD SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE OD SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.  OD MAKES NO REPRESENTATION THAT THE FOREGOING LIST IS AN EXHAUSTIVE CATALOG OF ALL POSSIBLE MALFUNCTIONS; OD HEREBY GIVES NOTICE, AND YOU AGREE BY YOUR USE OF THIS SITE, THAT THIS DISCLAIMER IS TO BE CONSTRUED AS BROADLY AS PERMITTED UNDER APPLICABLE LAW.

24.       Limitation of Liability

OD SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT AND SERVICES PROVIDED VIA THE SITE. OD SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, OR PURCHASE OR USE OF ANY SERVICES VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF OD HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY OD. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, OD’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL FEES PAID TO OD BY YOU WITH RESPECT TO THE PARTICULAR SERVICE AT ISSUE OR $50, WHICHEVER IS GREATER.

25.       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 LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.

26.       Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of the State of Florida, without regard to its conflicts of laws principles. All claims arising out of or with respect to these Terms of Use shall be heard exclusively in the courts, state and Federal, located in Fort Pierce, Florida, and each of the parties expressly consents to the jurisdiction and venue of such courts.

27.       Services Non-Exclusive

You acknowledge and agree that the Services provided by OD are non-exclusive and that nothing herein shall restrict OD from providing the Services to any other individual and/or entity.
 
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