END USER LICENSE AGREEMENT
ALLAN DENSMORE, individually, and any affiliated corporations, limited liability companies, partnerships, subsidiaries, or other business organizations, and any officers, directors, employees or agents thereof (collectively referred to hereafter as "DENSMORE"), requires all visitors to this website and any other websites owned and operated by DENSMORE on the World Wide Web, (collectively, the "Website") to adhere and agree to the following terms and conditions as the condition precedent to accessing the "Website."
By accessing and/or using the Website and the information, content, forms, photographs, graphics, software or other products or services available by or through the Website (the "Content"), you acknowledge that you have read and agree to be bound by this END USER LICENSE AGREEMENT (the "EULA"), and that, to the extent applicable, the EULA supplements your existing Agreement(s), if any, with DENSMORE. Please read the following terms and conditions carefully. If you do not agree with any of the terms and conditions of this EULA, do not access the Website.
Parties. As used herein, the term "You" and "Your" shall mean You, individually, and each other party on whose behalf You may Use the Website at any time. All references to "We", "Us" or "Our" shall refer to DENSMORE. The Website is operated by DENSMORE.
Usage and Proprietary Rights. All right, title and interest in this Website and the Content is the exclusive property of DENSMORE, except as otherwise expressly stated. DENSMORE grants You, for the term of this EULA, a personal, limited, non-exclusive, revocable (at any time), non-transferable and non-sublicenseable license to access the Website and the Content subject to this EULA. You have no ownership rights in the Content, which is owned by DENSMORE or DENSMORE'S licensors, and are protected under copyright, trademark and other intellectual property laws and other applicable laws. You receive no copyright or any other intellectual property right in or to the Content, except as provided above. You may use the Content only for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content, including, but not limited to, any information, software, products or services obtained from the Website, except for the purposes expressly provided herein, without DENSMORES' prior written approval. You acknowledge that DENSMORE may provide certain portions of the Content under license from Third Party Providers, and You agree to comply with any additional restrictions on Your usage that DENSMORE may communicate to You from time to time, or that are otherwise the subject of an agreement between You and such licensors. DENSMORE retains exclusive control over the Content, and reserves the right, at any time and in DENSMORES' sole discretion, without prior notice to You, to (a) change, suspend or discontinue all or a portion of the Content; (b) impose limits on, restrict or terminate Your access to all or a portion of the Content; or (c) terminate Your license at any time and for any reason. You acknowledge that by accessing the Website, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the website at your sole risk and that DENSMORE shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree that DENSMORE may monitor Your use of the Content.
Restricted Content. All trademarks, service marks, slogans, logos, trade dress and other identifiers ("Marks") displayed on the Website are the property of DENSMORE, or of other parties. The names of other companies and third party products or services mentioned on the Website may be the trademarks or service marks of their respective owners. The Marks are protected by U.S. and foreign trademark, common law rights and statutes. You are prohibited from using any Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the express written permission of DENSMORE or such other party that may own the marks.
Copyright Notifications. Pursuant to Section 512(c)(2) of the Copyright Act, DENSMORE designates the following agent to receive notifications of claimed infringement: ALLAN DENSMORE, 13230 SW Pembroke Cir N Lake Suzy FL 34269, (239) 218-9810.
Additional Terms. Certain sections of or Website may contain separate terms and conditions, which are in addition to this EULA. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those terms and conditions. In the event of a conflict, those additional terms and conditions will govern your Use of those sections or pages. You may be asked to execute supplemental agreements, in paper or electronic form, before You are permitted to access or use certain features or functionality within the Website (each, a "Supplemental Agreement"). In the case of Supplemental Agreements presented to You online, You authorize DENSMORE to rely upon "checks" or "clicks" in designated locations that are attributable to Your Password as Your consent to the terms of such Supplemental Agreements. This EULA is in addition to any Supplemental Agreement and is not intended to supersede or modify any such Supplemental Agreement.
No Investment Advice or Offers. Nothing in the Website constitutes investment advice or recommendations by DENSMORE as to the suitability of any specific product, security, investment, or investment strategy. All Content is provided for Your convenience and general information only, and no such Content shall constitute an offer to sell or a solicitation of an offer to buy any security or to relied upon as investment advice. Prior to the execution of any transaction by You involving information You received from this Website, You should consult your financial, business, tax and accounting advisors and your attorney, with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment. Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. The Content provided on this Website are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where DENSMORE is not authorized to provide such information or services.
Market Information. DENSMORE may make available to you through the Website a broad range of financial information that DENSMORE obtains from DENSMORE'S agents, vendors or partners ("Third Party Providers") which financial information DENSMORE uses for his own individual and personal investment decisions. This may includes financial market data, quotes, news, analyst opinions and research reports (collectively, "Market Information"). DENSMORE does not endorse or approve the Market Information, and DENSMORE makes it available to you only as a convenience. DENSMORE and any of DENSMORES' Third Party Providers do not (a) guarantee the accuracy, timeliness, completeness, reliability or correct sequencing of the Market Information; or (b) warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither DENSMORE nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and DENSMORE may discontinue offering Market Information at any time without notice. You agree that neither DENSMORE nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by DENSMORE to receive it. If You are a securities broker, dealer, banker or investment advisor, You agree not to use the Market Information provided by DENSMORE for any purpose related to your business.
Acknowledgements: By accessing the Website, You acknowledge, agree, fully understand and comprehend that you have been informed by DENSMORE prior to accessing the Website of the following facts:
That neither Allan Densmore, individually, or DENSMORE as referenced herein, is/are a licensed securities trader, broker-dealer or associated person licensed by the State of Florida pursuant to Chapter 517, Florida Statutes, or licensed by any other State or Territory of the United States, nor by the United States government and this website is not part of any professional service corporation or Limited Liability Company as proscribed by Florida Statutes § 621.01.
That Allan Densmore, individually, or DENSMORE as referenced herein, is/are not any of the following a) an associated person as defined by Florida Statutes § 517.021(2): b) a partner, officer, director, branch manager of a dealer, investment adviser, or any person occupying a similar status or performing any similar function as set forth in Florida Statutes § 517.021, Florida Statutes.
That neither Alan Densmore, individually, or DENSMORE as referenced herein, is/are not employed, appointed, or authorized by a dealer, investment adviser, or issuer to sell securities in any manner or act as an investment adviser.
That neither Allan Densmore, individually, or DENSMORE as referenced herein, is/are not a "dealer" as defined by Fla. Stat. § 517.021(6)(a), and is/are not a broker or a principal in the business of offering, buying, selling, or otherwise dealing or trading in securities issued by another person.
That Allan Densmore, individually, or DENSMORE as referenced herein, does not maintain a "branch office" as set forth in Fla. Stat. § 517.021(4), Florida Statutes. There are no associated persons that conduct the business of rendering investment advice or effecting any transactions in, or inducing or attempting to induce the purchase or sale of, any security or any location that is held out as such. Any purchases or decisions made by You are of your own free will and volition and merely incidental to the information provided by DENSMORE.
Dated and Forward-Looking Statements. Certain information on the Website may contain certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words "believe", "expect", "anticipate", "optimistic", "intend", "aim", "will" or similar expressions are intended to identify forward-looking statements. You are cautioned not to place undue reliance on these forward-looking statements. Any dated information is published as of its date only. Dated and forward-looking statements speak only as of the date on which they are made. DENSMORE undertakes no obligation to update publically or revise any dated or forward-looking statements.
Unauthorized Use And Export Restrictions. Unauthorized use of the Website, Content, or DESMORE'S systems, including, but not limited to, unauthorized entry into DENSMORE'S systems, misuse of passwords or misuse of any other information, is strictly prohibited. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Website may be subject to prosecution. You may not use the Website or the Content in any manner that could damage, disable, overburden, or impair DENSMORE'S website or service or interfere with any other party's use and enjoyment of the Website or the Content. You shall not introduce, nor permit any person to introduce into the Website or Content, any code or malicious or hidden mechanisms that would impair the operation of the Website or Content, or of DENSMORES' computers, networks, or other devices or software. DENSMORE prohibits caching, unauthorized hypertext links to the Website, and the framing of any Content available on the Website. DENSMORE reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other websites linked to DENSMORES' Website. You may not use or otherwise export or re-export the license except as authorized by United States Law and the laws of the jurisdiction in which the License was obtained.
Third Party Links. Certain links may let you leave the DENSMORE Website. The linked websites are not under the control of DENSMORE and DENSMORE is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. DENSMORE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement, investigation, verification or monitoring by DENSMORE of such third party website.
Representations and Warranties. You represent and warrant, each time You access the Website or review its Content, that (a) You have the power and authority (including under any applicable investment restrictions or guidelines and on behalf of any party for whom You are using the Services) to enter into and perform Your obligations under this EULA and this EULA is Your legal, valid, binding and enforceable obligation; (b) You have agreed to be bound by the terms of this EULA; (c) You shall only use the Website and the Content in accordance with this EULA, any applicable Supplemental Agreement and applicable law; and (d) if You are accessing the website on behalf of another party, You assume all fiduciary, regulatory and other requirements and duties that may apply to Your relationship to such party.
DISCLAIMER OF WARRANTIES. All information on this Website is provided on an "as is," "Where is" and "Where available" basis. ALTHOUGH DENSMORE TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION on its website, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. DENSMORE RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANYTIME AND WITHOUT NOTICE. NEITHER DENSMORE NOR ANY THIRD PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT MAKES ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING WARRANTIES (A) WITH RESPECT TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT; OR (B) THAT THE CONTENT SHALL BE UNINTERRUPTED OR ERROR FREE. FURTHER, DENSMORE AND ANY THIRD PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE CONTENT. YOU ASSUME THE ENTIRE RISK TO THE USE OF THE WEBSITE AND THE CONTENT.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DENSMORE OR DENSMORES' THIRD PARTY PROVIDERS, CONTRACTORS OR TECHNOLOGY OR CONTENT PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES (THE "DENSMORE PARTIES") HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE CONTENT, INCONVENIENCE OR DELAY), CONSEQUENTIAL OR PUNITIVE (TOGETHER, "COSTS"), ARISING OUT OF, OR IN CONNECTION WITH, THIS EULA OR THE PERFORMANCE OR BREACH OF THIS EULA, YOUR OR ANY OTHER PERSON'S USE OF, OR INABILITY TO ACCESS THE CONTENT, OR FOR ANY INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICE MADE AVAILABLE TO YOU VIA THE WEBSITE. NO ORAL OR WRITTEN INFORMATION OR WHAT ORAL OR WRITTEN INFORMATION THAT YOU ERRONEOUSLY MISCONSTRUE TO CONSITUTE ADVICE GIVEN BY DENSMORE SHALL CREATE A WARRANTY. TO THE EXTENT DENSMORE FAILS TO SATISFY A WARRANTY THAT HAS NOT BEEN GIVEN OR CANNOT BE EFFECTIVELY DISCLAIMED, YOU CAN NOTIFY DENSMORE AND TO THE EXTENT DENSMORE REFUNDS YOUR LICENSE FEES TO ACCESS THE WEBSITE, DENSMORE SHALL HAVE NO OTHER RESPONSIBILITY. YOU ACKNOWLEDGE AND AGREE THAT DENSMORE WILL HAVE NO RESPONSIBILITY FOR CLAIMS RELATED TO THE LICENSE YOU PURCHASE TO ACCESS THE WEBSITE, SUCH AS PRODUCT LIABILITY, FAILURE TO COPMLY WITH LEGAL OR REGULATORY REQUIREMENTS, OR CONSUMER PROTECTION OR SIMILAR ISSUES OR LAWS. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER ANY DENSMORE PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF DENSMORE OR ANY THIRD PARTY PROVIDER OF SOFTWARE OR SERVICES. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY OTHER LIMITATION PROVIDED IN ANY APPLICABLE ACCOUNT SERVICE, SUPPLEMENTAL AGREEMENT OR ANY OTHER AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. This limitation of liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
Your indemnification Obligations. You agree to defend, indemnify and hold DENSMORE, (and its directors, officers, employees, and agents) harmless from and against all claims and expenses, including attorneys' fees, arising out of the use of the Website, or its Content, by You.
Governing Law. This EULA will be governed by Florida law without giving effect to principles of conflict of law. Any party bringing legal action or proceeding against the other for any dispute or controversy between the parties arising out of or relating to this Website, the Content, or the use thereof, shall bring the legal action or proceeding (i) in the Lee County Florida Court; or (ii) in any court of the State Florida sitting in Lee county, if there is no federal subject matter jurisdiction. You acknowledge that any violation of the terms of this EULA, or misuse of the Website or the Content, or infringement of any Mark may cause DENSMORE irreparable harm, the amount of which may be difficult to ascertain, and therefore You agree that DENSMORE shall have the right to apply to a court of competent jurisdiction for an order enjoining any such further misappropriation and for such other relief as DENSMORE deems appropriate. This right of DENSMORE is to be in addition to the remedies otherwise available to DENSMORE.
WAIVER OF TRIAL BY JURY. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING AGAINST THE OTHER FOR ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS WEBSITE, THE CONTENT, OR THE USE THEREOF. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
Third Party Beneficiaries. To the extent the Content contains data or information provided by Third Party Providers or are otherwise contributed to by Third Party Providers, such Third Party Providers shall be considered third party beneficiaries of this EULA for purposes of enforcing those provisions of this EULA where applicable.
Assignment; Waiver. You may not assign, sublicense, delegate, subcontract or otherwise transfer Your rights, duties and obligations under this EULA to a third party without DENSMORE'S express written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of this EULA or any of its rights hereunder shall not be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future occurrence.
Entire Agreement. This EULA, together with any and all Supplemental Agreements and applicable Account or Website Access Agreements, constitute the entire agreement between You and DENSMORE with respect to your use or access of the Website or the Content.
Severability. If for any reason a court of competent jurisdiction finds any provision of this EULA, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this EULA, and the remainder of this EULA shall continue in full force and effect.
Miscellaneous. Any cause of action with respect to the Website or the Content must be commenced by You within one year after the claim or cause of action arises. The rights and remedies of the parties hereunder are cumulative and are in addition to, and not in lieu of, all rights and remedies available at law and in equity.
CONTACT INFORMATION: You may contact DENSMORE AT:
Mr. Allan Densmore
13230 SW Pembroke Cir N
Lake Suzy, FL 34269
Telephone (239) 21809810
[END OF EULA]
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