COPYRIGHT AND DISCLAIMER


Welcome to Odalys Garcia ("ODAGA") web site ("Site"). Please feel free to browse the Site, but, remember that ODAGA owns or licenses all texts, data, images, audio, video or other materials on the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site, including text, data, images, audio, video and other materials for public or commercial purposes without written permission of ODAGA or its licensors as applicable. ODAGA and its respective licensors, to the extent applicable reserve all other rights pertaining to the Site.
Your access and use of the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions, and acknowledge that any other agreement between you and ODAGA concerning your use of the Site are superseded by these Terms and Conditions and of no force or effect. If you do not agree to these Terms and Conditions, please do not use the Site.

TERMS AND CONDITIONS:


1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of ODAGA or its licensors.

2. While ODAGA uses reasonable efforts to include accurate and up-to-date information on the Site, ODAGA makes no warranties or representations as to its accuracy or suitability for any purpose. ODAGA assumes no liability or responsibility for any errors or omissions in the content of the Site.

3. Your use and browsing of the Site is at your risk. Neither ODAGA nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever arising out of your access to, or use of, the Site, even if ODAGA has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties or conditions, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. ODAGA also assumes no responsibility, and shall not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of , or browsing in the Site, or your downloading of any materials, data, text, images, video, or audio from the Site. In no event shall ODAGA's total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Site.

4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by ODAGA or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, ODAGA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.

5. Images of people or places displayed on the Site are either the property of, or used with permission by ODAGA. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or elsewhere on the Site. Any unauthorized use of such images may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

6. The trademarks, logos, and service marks (collectively, "Trademarks"). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the written permission of ODAGA or the third party owner, as applicable. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You also are advised that ODAGA will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

7. ODAGA has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. ODAGA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ODAGA of the Site. Your linking to any other off-site pages or other sites is at your own risk.

8. Although ODAGA may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the links on the Site, ODAGA is under no obligation to do so and assumes no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy of any such communications. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

9. ODAGA may at any time change these Terms and Conditions by updating this posting without notice to you. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. Also, ODAGA may at any time terminate your rights under these Terms and Conditions at its sole discretion, if you fail to comply with any term or provision of these Terms and Conditions. Upon termination, you must destroy all materials obtained from this Site and all copies thereof.

10. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts law. You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the Federal or State courts located in the State of Florida and you irrevocably agree to submit to the jurisdiction of such courts. You further agree to indemnify, defend and hold harmless ODAGA and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of the Site. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not effect the validity and enforceability of any remaining provisions.

11. The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.


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