Website Terms of Use

Last Modified: March 24, 2022

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Acceptance of the Terms of Use

 

These terms of use are entered into between You and Zale Media, LLC (“Company,” “we,” or “us”). The following terms, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.zalemedia.net, including any content, functionality, and services offered on or through www.zalemedia.net (the “Website”), whether as a guest or a registered user.

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Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

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This Website is offered and available to users who are 18 years of age or older and a licensed real estate or mortgage professional (if required by the laws of your jurisdiction). By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

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Changes to the Terms of Use

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We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website from then on. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

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Your continued use of the Website after the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

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Our Communications with You

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Express Written Consent. By submitting your contact information, you are providing your express written consent to receive communications from us at the email address and telephone numbers you entered into our contact form, or that you later provide to us or enter into your contact page.

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E-mails, Calls, and Texts. These communications may include telemarketing messages, through the use of email, landline phone, fax, cellular phone, and text messages (including SMS and MMS).

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Autodialing. We may use an automatic telephone dialing system (or “auto-dialer”), which may employ an artificial or pre-recorded voice or “robotexts.” Your carrier’s standard rates and charges may apply.

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No Purchase Necessary. Agreeing to these communications is not a condition of purchasing any property, goods, or services from us.

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Revoking Consent and Opting Out. You may revoke your consent to receive communications at any time by replying “stop” to any of our texts, or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out but reply “stop” will automatically revoke your consent to further text communications, and we recommend that method. We may take up to 30 days to stop communications if you use a method other than the automatic reply “stop.” You consent to receive a final text message confirming your opt-out. You may revoke your consent to receive email communications by using the “unsubscribe” link in an email or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out of email, but “unsubscribe” will automatically revoke your consent to further email communications, and we recommend that method. We may take up to 30 days to stop email communications if you use a method other than “unsubscribe.”

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Communication Frequency. How often we send you communications will vary, because the individual salesperson who communicates with you will determine it.

Your consent here also serves as your express written consent to electronic communications from us in the past.

You represent and warrant that:

·           You are at least 18 years old

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·           You live in the United States (or Canada, in which case the Canadian consents below apply)

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·           You have not registered on a national or statewide Do Not Call list

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·           You are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent

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·           The email addresses and phone numbers you provided are accurate, and you will let us know if you release them to another person or individual

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Our mobile service is available only in certain states. Certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

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For Residents of Canada

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 In addition to the consent provided above, Canadian residents agree to the following provisions related to compliance with Canada’s Anti-Spam Legislation (“CASL”), Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), and Canadian provincial law including Alberta’ Personal Information Protection Act (“PIPA”) and Quebec’s Act Respecting the Protect of Personal Information in the Private Sector:

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·              You agree to the provisions governing use and disclosure of personal information that are found in our Privacy Policy

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·              Because the purpose of our communications include your interest in our services, our communication with you will continue until you revoke your consent or opt-out.

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·              Your personal information may also be transmitted to, used in, and stored in the United States

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Accessing the Website and Account Security

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We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

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You are responsible for both:

·       Making all arrangements necessary for you to have access to the Website.

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·       Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

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To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and must not provide any other person with access to this Website or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also must ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

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We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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Intellectual Property Rights

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The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement of it), are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

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·       Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.

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·       You may store files that are automatically cached by your Web browser for display enhancement purposes.

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·       You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

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·       If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

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·       If we provide social media features with certain content, you may take those actions as are enabled by those features.

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You must not:

·       Modify copies of any materials from this site.

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·       Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

·       Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

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If you wish to make any use of material on the Website other than that set out in this section, please address your request to: help@zalemedia.net.

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If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

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Trademarks

The Company name, the terms ZALE MEDIA, the Company logo, and all related names, logos, domain names, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

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Prohibited Uses

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You may use the Website only for lawful purposes and under these Terms of Use. You must not use the Website:

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·       In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

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·       To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

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·       To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

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·       To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

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·       To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

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·       To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that, as determined by us, may harm the Company or users of the Website, or expose them to liability.

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Additionally, you must not:

·       Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

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·       Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

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·       Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

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·       Use any device, software, or routine that interferes with the proper working of the Website.

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·       Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

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·       Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

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·       Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

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·       Otherwise attempt to interfere with the proper working of the Website.

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User Contributions

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The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (collectively, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

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All User Contributions must comply with the Content Standards set out in these Terms of Use.

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Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.

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You represent and warrant that:

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·       You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

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·       All your User Contributions do and will comply with these Terms of Use.

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You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for that content, including its legality, reliability, accuracy, and appropriateness.

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We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

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Monitoring and Enforcement; Termination

We have the right to:

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·       Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

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·       Take any action with respect to any User Contribution that we consider necessary or appropriate in our sole discretion, including if we believe that the User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Website’s users or the public, or could create liability for the Company.

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·       Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

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·       Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

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·       Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

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Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either those parties or law enforcement authorities.

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However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

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Content Standards

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These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

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·       Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

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·       Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

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·       Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

·       Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

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·       Be likely to deceive any person.

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·       Promote any illegal activity, or advocate, promote, or assist any unlawful act.

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·       Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

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·       Impersonate any person or misrepresent your identity or affiliation with any person or organization.

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·       Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

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·       Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

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Copyright Infringement

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If you believe that any User Contributions violate your copyright, please email us at help@zalemedia.net for instructions on sending us a notice of copyright infringement. It is the Company’s policy to terminate the user accounts of repeat infringers.

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Reliance on Information Posted

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The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

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This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Company’s opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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Changes to the Website

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We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update that material.

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Information About You and Your Visits to the Website

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All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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Online Purchases and Other Terms and Conditions

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All purchases through our site or other transactions for the sale of services formed through the Website, or as a result of visits made by you are governed by our Terms of Service, which are incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All those additional terms and conditions are incorporated by this reference into these Terms of Use.

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Linking to the Website and Social Media Features

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You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

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This Website may provide certain social media features that enable you to:

·       Link from your own or certain third-party websites to certain content on this Website.

·       Send emails or other communications with certain content, or links to certain content, on this Website.

·       Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

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You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise under any additional terms we provide with respect to those features. Subject to the foregoing, you must not:

·       Establish a link from any website that is not owned by you.

·       Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

·       Link to any part of the Website other than the homepage.

·       Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

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The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

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You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

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We may disable all or any social media features and any links at any time without notice in our discretion.

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Links from the Website

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If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.

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Geographic Restrictions

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The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

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Disclaimer of Warranties

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You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

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Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that our site or the server that makes it available are free of viruses or other harmful components; or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

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The Company disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

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The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

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To the fullest extent provided by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 or the amount you have paid to the Company for the applicable product or service out of which liability arose.

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The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You must defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

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Governing Law and Jurisdiction

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Florida internal laws govern all matters relating to the Website and these Terms of Use, and any dispute or claim arising from them or related to them (in each case, including non-contractual disputes or claims), without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Miami and County of Miami-Dade, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.

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Arbitration

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At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

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Limitation on Time to File Claims

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Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one year after the cause of action accrues; otherwise, that cause of action or claim is permanently barred.

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Waiver and Severability

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No waiver of by the Company of any provision set out in these Terms of Use will be deemed a further or continuing waiver of that provision or a waiver of any other provision, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of that right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full effect.

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Entire Agreement

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The Terms of Use, our Privacy Policy, and Terms of Service constitute the entire agreement between you and Zale Media, LLC with respect to the Website and supersede all earlier and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

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Your Comments and Concerns

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This website is operated by Zale Media, LLC, 3940 NW 79th Ave. Apt. 718, Doral, Florida 33166.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: help@zalemedia.net.

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