Please Read Carefully Before Using This Website:
Dave Bross maintains this site for information and
communication purposes. This webpage contains the Terms of Use
governing your access to and use of the [Website Name] (the "Website"
or "Site"). If you do not accept these Terms of Use or you do not meet
or comply with their provisions, you may not use the Website
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING
AND AGREEING TO THESE TERMS OF USE.
For users who are not registered with this Website, your use of the
Website will be deemed to be acceptance of the Terms of Use, Section A.
For users who are registered with the Website, your use of the Website
shall be subject to (i) certain designated terms (see Section B below)
in addition to those terms applicable to all users and (ii) shall be
further conditioned on your [clicking the "I AGREE TO THE TERMS OF USE"
button at the end of these Terms of Use].
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST
IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To Terms
Dave Bross may, at any time, for any reason and without notice, make
changes to (i) this Website, including its look, feel, format, and
content, as well as (ii) the products and/or services as described in
this Website. Any modifications will take effect when posted to the
Website. Therefore, each time you access the Website, you need to
review the Terms of Use upon which access and use of this Website is
conditioned. By your continuing use of the Website after changes are
posted, you will be deemed to have accepted such changes.
3. Jurisdiction
The Website is directed to those individuals and entities located in
the United States. It is not directed to any person or entity in any
jurisdiction where (by reason of nationality, residence, citizenship or
otherwise) the publication or availability of the Website and its
content, including its products and services, are unavailable or
otherwise contrary to local laws or regulations. If this applies to
you, you are not authorized to access or use any of the information on
this Website. Dave Bross makes no representation that the information,
opinions, advice or other content on the Website (collectively,
"Content") is appropriate or that its products and services are
available outside of the United States. Those who choose to access this
Website from other locations do so at their own risk and are
responsible for compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and
download small portions of the Content (including without limitation
text, graphics, software, audio and video files and photos) of this
Website for your informational, non-commercial use, provided that you
leave all the copyright notices, including copyright management
information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or
distribute a significant portion of the Content on this Website, or the
design or layout of the Website or individual sections of it, in any
form or media. The systematic retrieval of data from the Website is
also prohibited.
E-mail submissions over the Internet may not be secure and are subject
to the risk of interception by third parties. Please consider this fact
before e-mailing any information. Also, please consult our Privacy
Policy http://www.davebross.com/about.html. You agree not to submit or
transmit any e-mails or materials through the Website that: (i) are
defamatory, threatening, obscene or harassing, (ii) contain a virus,
worm, Trojan horse or any other harmful component, (iii) incorporate
copyrighted or other proprietary material of any third party without
that party's permission or (iv) otherwise violate any applicable laws.
Dave Bross shall not be subject to any obligations of confidentiality
regarding any information or materials that you submit online except as
specified in these Terms of Use, or as set forth in any additional
terms and conditions relating to specific products or services, or as
otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any
information, software or other material available through the Website
without the prior written consent of Dave Bross is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of
this site, are copyrighted and are protected by United States and
international copyright laws and treaty provisions. You may access,
download and print materials on this Website solely for your personal
and non- commercial use; however, any print out of this Site, or
portions of the Site, must include Dave Bross' copyright notice. No
right, title or interest in any of the materials contained on this Site
is transferred to you as a result of accessing, downloading or printing
such materials. You may not copy, modify, distribute, transmit,
display, reproduce, publish, license any part of this Site; create
derivative works from, link to or frame in another website, use on any
other website, transfer or sell any information obtained from this Site
without the prior written permission of Dave Bross.
Except as expressly provided under the "Scope of Use" Section above,
you may not use, reproduce, modify, transmit, distribute, or publicly
display or operate this Website without the prior written permission of
Dave Bross. You may not use a part of this Website on any other
Website, without Dave Bross' prior written consent.
Dave Bross respects the intellectual property rights of others and
expects our Users/ users to do the same. The policy of Dave Bross is to
terminate the accounts of repeat copyright offenders and other users
who infringe upon the intellectual property rights of others. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please contact us at Dave Bross
6. Links
For your convenience, we may provide links to various other Websites
that may be of interest to you and for your convenience only. However,
Dave Bross does not control or endorse such Websites and is not
responsible for their content nor is it responsible for the accuracy or
reliability of any information, data, opinions, advice, or statements
contained within such Websites. Please read the terms and conditions or
terms of use policies of any other company or website you may link to
from our website. These Terms of Use policy applies only to Dave Bross'
website and the products and services Dave Bross offers. If you decide
to access any of the third party sites linked to this Website, you do
so at your own risk. Dave Bross reserves the right to terminate any
link or linking program at any time. Dave Bross disclaims all
warranties, express and implied, as to the accuracy, validity, and
legality or otherwise of any materials or information contained on such
sites.
You may not link to this Website without written permission. If you are
interested in linking to this Website, please contact dave at
davebross.com.
7. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Dave Bross
that you will not use the Website for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the
Website in any manner that could damage, disable, overburden, or impair
the Site or interfere with any other party's use and enjoyment of the
Website. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through the Site.
8. Spamming
Gathering email addresses from Dave Bross through harvesting or
automated means is prohibited. Posting or transmitting unauthorized or
unsolicited advertising, promotional materials, or any other forms of
solicitation to other Users is prohibited. Inquiries regarding a
commercial relationship with Dave Bross should be directed to: dave at
davebross.com
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS,
STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF
WHICH Dave Bross EXPRESSLY DISCLAIMS. Dave Bross DOES NOT ENDORSE AND
MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR
RELIABILITY OF THE CONTENT, AND Dave Bross WILL NOT BE LIABLE OR
OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE
OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE.
Dave Bross MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE
CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR
ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING
THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT
ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF
VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY
BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED
BY Dave Bross. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO
JURISDICTION.
10. Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the
State of Florida USA, without reference to its choice of law rules. If
an applicable law is in conflict with any part of the Terms of Use, the
Terms of Use will be deemed modified to conform to the law. The other
provisions will not be affected by any such modification.
11. Separate Agreements
You may have other agreements with Dave Bross. Those agreements are
separate and in addition to these Terms of Use. These Terms of Use do
not modify, revise or amend the terms of any other agreements you may
have with Dave Bross
12. DMCA Copyright Policy and Copyright Agent
Dave Bross respects the intellectual property rights of others. If you
believe something on this Site has infringed your intellectual property
rights, please notify our agent and provide the following information:
(i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been
infringed.
(iii) 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.
(iv) Address, telephone number, and, if available, an electronic mail
address where we may contact you.
(v) A statement that the complaining party has 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.
(vi) 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.
The Site's Copyright Agent can be reached at:
; Dave Bross
; 10950 NE 96 St.
; Archer FL 32618
; dave at davebross.com
;
13. U.S. Resident
You represent that you are a United States resident.
14. No Professional Advice
The information available on the Website is intended to be a general
information resource regarding the matters covered, and is not tailored
to your specific circumstance. You should not construe this as legal,
accounting or other professional advice. This Website is not intended
for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND
ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE
SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS
APPROPRIATE.
15. Users Disputes
You are solely responsible for your interactions with other Users. Dave
Bross reserves the right, but has no obligation, to monitor disputes
between you and other Users.
16. User Submissions And Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise control
all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate these
Terms of Use and will not cause injury to any person or entity; and
that you will indemnify Dave Bross or its affiliates for all claims
resulting from content you supply.
If you make any submission to an area of the Website accessed or
accessible by the public ("Public Area") or if you submit any business
information, idea, concept or invention to Dave Bross by email, you
automatically represent and warrant that the owner of such content or
intellectual property has expressly granted Dave Bross a royalty-free,
perpetual, irrevocable, world-wide nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit,
translate, distribute, perform, and display the communication or
content in any media or medium, or any form, format, or forum now known
or hereafter developed. Dave Bross may sublicense its rights through
multiple tiers of sublicenses. If you wish to keep any business
information, ideas, concepts or inventions private or proprietary, you
must not submit them to the Public Areas or to Dave Bross by email. We
try to answer every email in a timely manner, but are not always able
to do so.
Some of the forums (individual bulletin boards and posts on the social
network, for instance) on the Website are not moderated or reviewed.
Accordingly, Users will be held directly and solely responsible for the
content of messages that are posted. While not moderating the forums,
the Site reviewer will periodically perform an administrative review
for the purpose of deleting messages that are old, have received few
responses, are off topic or irrelevant, serve as advertisements or seem
otherwise inappropriate. Dave Bross has full discretion to delete
messages. Users are encouraged to read the specific forum rules
displayed in each discussion forum first before participating in that
forum.
Dave Bross reserves the right (but is not obligated) to do any or all
of the following:
(a)Record the dialogue in public chat rooms.
(b)Examine an allegation that a communication(s) do(es) not conform to
the terms of this section and determine in its sole discretion to
remove or request the removal of the communication(s).
(c)Remove communications that are abusive, illegal, or disruptive, or
that otherwise fail to conform with these Terms of Use.
(d)Terminate a Member's access to any or all Public Areas and/or the
Dave Bross Site upon any breach of these Terms of Use.
(e)Monitor, edit, or disclose any communication in the Public Areas.
(f)Edit or delete any communication(s) posted on the Dave Bross Site,
regardless of whether such communication(s) violate these standards.
Dave Bross reserves the right to take any action it deems necessary to
protect the personal safety of our guests or the public. Dave Bross has
no liability or responsibility to users of the Dave Bross Website or
any other person or entity for performance or nonperformance of the
aforementioned activities.
17. Arbitration
Except as regarding any action seeking equitable relief, including
without limitation for the purpose of protecting any Dave Bross
confidential information and/or intellectual property rights, any
controversy or claim arising out of or relating to these Terms of Use
or this Website shall be settled by binding arbitration in accordance
with the commercial arbitration rules, in effect at the time the
proceedings begin, of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be held in
Florida USA.
All information relating to or disclosed by any party in connection
with the arbitration of any disputes hereunder shall be treated by the
parties, their representatives, and the arbitrator as proprietary
business information. Such information shall not be disclosed by any
party or their respective representatives without the prior written
authorization of the party furnishing such information. Such
information shall not be disclosed by the arbitrator without the prior
written authorization of all parties. Each party shall bear the burden
of its own counsel fees incurred in connection with any arbitration
proceedings.
Judgment upon the award returned by the arbitrator may be entered in
any court having jurisdiction over the parties or their assets or
application of enforcement, as the case may be. Any award by the
arbitrator shall be the sole and exclusive remedy of the parties. The
parties hereby waive all rights to judicial review of the arbitrator's
decision and any award contained therein.
18. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Dave Bross SPECIFICALLY
DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN
IF Dave Bross HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR
THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN
TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN
TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER
CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED
ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY
BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED
BY Dave Bross. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
19. Indemnity
You agree to defend, indemnify, and hold Dave Bross its officers,
directors, employees, agents, licensors, and suppliers, harmless from
and against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and accounting fees,
resulting from, or alleged to result from, your violation of these
Terms of Use.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
20. Accounts And Security
Dave Bross does not warrant that the functions contained in the service
provided by the Website will be uninterrupted or error-free, that
defects will be corrected or that this service or the server that makes
it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password
("Password") and Login Name ("Login Name"). You shall provide Dave
Bross with accurate, complete, and updated Account information. Failure
to do so shall constitute a breach of this Terms of Use, which may
result in immediate termination of your Account.
You may not:
(a)select or use a Login Name of another person with the intent to
impersonate that person;
(b)use a name subject to the rights of any other person without
authorization;
(c)use a Login Name that Website, in its sole discretion, deems
inappropriate or offensive.
You shall notify Dave Bross of any known or suspected unauthorized
use(s) of your Account, or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of your password. You
shall be responsible for maintaining the confidentiality of your
password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds
for termination of your Account, at Dave Bross' sole discretion, and
you may be reported to appropriate law- enforcement agencies.
Contact us: If you would like to request additional information
regarding these Terms of Use, please contact us at dave at davebross.com