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866-444-6276 Ext. 501 or 502

Terms of Use

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IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THE WWW.JOELSDUHLINC.COM WEB SITE (“SITE”), WHICH IS PROVIDED BY JOEL S. DUHL, INC. (“COMPANY”). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT CHANGE BY COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

  1. ACCESS TO SITE
    To access the Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

  2. LOGIN AND PASSWORD INFORMATION
    Any passwords used for this Site are for your individual use only. You will be responsible for the security and confidentiality of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

  3. RESTRICTIONS ON USE
    You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without Company’s express prior written consent. For example, you may not (and may not authorize any other party to): (i) co-brand this Site, or (ii) frame this Site, or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of Company. You agree to cooperate with Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

  4. INFORMATION YOU PROVIDE
    You are responsible for your use of this Site and all data, information, and material submitted or transmitted to the Site. Further, you are solely responsible for accessing and using this Site in compliance with all applicable federal, state, and local laws. You remain solely responsible for the content of the information, materials, content, and submissions you provide to this Site. You acknowledge and agree that neither Company nor any third party that provides content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

    Further, you may not post, send, submit, publish, or transmit in connection with this Site any material that:

    • Does not pertain directly to this Site;
    • Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
    • Includes the transmission or distribution of viruses, computer worms, Trojan horses, malicious code, denial of service attacks, unsolicited commercial e-mail, or the like, designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
    • Advocates illegal activity or discusses an intent to commit an illegal act;
    • Is vulgar, obscene, sexual, pornographic, or indecent;
    • Is threatening, abusive, harassing, or defamatory;
    • Is otherwise harmful, malicious, racist, or offensive;
    • Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
    • Violates any law or may be considered to violate any law; or
    • Contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

    In the event that you engage in such conduct, activities, transmissions, or submissions, or otherwise causes any technical disruption of this Site, you shall be responsible for all Company and third party claims, losses, liabilities, and costs, including reasonable attorney’s fees, arising from any and all such conduct, activities, transmissions, or submissions.

  5. DISCLAIMERS AND LIMITATIONS OF LIABILITY
    You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Internet, including this Site, will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Company does not assume any responsibility or risk for your use of the Internet.

    The content on the Site is not necessarily complete and up-to-date. You should use the content on this Site in the same manner as any other educational medium and should not rely on the content to the exclusion of your own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

    Company offers the Site and its content “AS IS,” and, to the fullest extent permitted by law, disclaims any and all warranties regarding the Site and its content, whether expressed or implied, including, but not limited to, any warranty as to the quality, accuracy, sufficiency, non-infringement, merchantability, or suitability of the Site or its content for any particular purpose. Further, you agree that Company, its members, directors, officers, employees, contractors, attorneys, agents, authorized representatives, affiliates, and assigns (collectively, “Company Parties”) shall have no liability or responsibility for any damages, losses, costs, or expenses, regardless of the cause of action, which may arise, directly or indirectly, based upon the performance of this Site or your access to, copying of, downloading of, or use of the Site or any Site content.

    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE FEDERAL, STATE OR LOCAL LAW, COMPANY PARTIES AND/OR ANY OTHER PARTY INVOLVED IN DEVELOPING, PRODUCING, OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR FOR YOUR PURCHASE OR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES OFFERED HEREIN OR LINKED THROUGH THE SITE.

    COMPANY PARTIES AND ALL OTHER PARTIES INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE FURTHER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO COMPANY OR OTHER PARTIES’ TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORKS, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, MISCONDUCT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF COMPANY. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    If applicable law does not permit the limitation or exclusion of liability of incidental or consequential damages as stated herein, then such limitations or exclusions shall be considered modified, but only to the extent necessary to comply with applicable law. In no event shall Company’s total liability to you, if any, for all claims, damages, injuries, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise, exceed the amount paid by you, if any, for accessing this Site.

  6. INDEMNITY
    You will indemnify and hold Company Parties and Company’s licensors, content providers, and service providers (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of the Site content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

  7. HYPERLINKS
    The Site may include information about or links to other Internet sites maintained by third parties. Hyperlinks to such sites are provided as a service to users and are not, unless otherwise noted, sponsored by or affiliated with this Site or with Company. Company has not reviewed any or all of such sites. Company Parties disclaim all responsibility and liability for these Internet sites and their content, including their products, services, quality, accuracy, sufficiency, proper functioning, and compliance with law. Further, Company Parties are not liable for any claim, loss, or damage arising from your reliance on the content of these Internet sites, use of these Internet sites, purchase or use of any products or services on these Internet sites, or linking to such Internet sites from this Site.

  8. PROPRIETARY INFORMATION
    The material and content accessible from this Site, and any other Internet site owned, operated, licensed, or controlled by Company is the proprietary information of Company, and includes copyrighted materials and trademarks that are owned by Company, unless otherwise noted. Company retains all right, title, and interest in the content and materials. You may use the content on this Site for your non-commercial personal use only. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Any other use, copying, publication, transmission, display, downloading, or distribution of any portion of such content is strictly prohibited without the prior written consent of Company and/or the owner of any non-Company copyrighted or trademarked content appearing on the Site. Neither title nor intellectual property rights are transferred to you by access to this Site.

  9. TRADEMARKS
    Trademarks, service marks, and logos appearing in this Site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.

  10. YOUR SUBMISSIONS
    Subject to Company’s Privacy Statement, You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Company through this Site (collectively, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

  11. MONITORING OF SITE
    Subject to Company’s Privacy Statement, Company reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Company may use, reference, or disclose any of your information, data, or communications of any kind: (a) to satisfy any law or regulation; (b) to satisfy any administrative, judicial, regulatory, law enforcement, or government request or process; (c) to protect or defend Company’s rights or property or the rights or property of others, or of the Company Parties; (d) if Company believes in good faith that you are engaging in conduct that violates state or federal law; or (e) as otherwise specifically set forth in this Terms of Use or the Company’s other policies, applications, registration forms, agreements, contracts, correspondences, and the like provided to you.

  12. REMEDIES
    In the event that you fail to adhere to these Terms of Use, Company may elect to pursue any and all available remedies that it deems appropriate at any time and in its sole discretion, including, but not limited to, suspension or termination of your access to or use of this Site, injunctive relief, monetary damages, attorneys’ fees, legal expenses, or referral of matters to law enforcement, governmental, or regulatory authorities for further handling.

  13. OTHER IMPORTANT TERMS
    These Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, without regard to any principles of conflicts of law. You specifically consent to personal jurisdiction in the state of Florida in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use shall be in the state and federal courts in ________________. If any provision of these Terms of Use is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The headings are included in these Terms of Use for reference purposes only and are not binding on Company or you. These Terms of Use constitute the entire agreement between Company and you relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.

Last updated: _______________.