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PRIVACY POLICY
At Signs Now Corporation, your privacy is of paramount concern to us, which is why we have developed this privacy policy to explain our practices regarding the use and disclosure of information we may obtain from users of our SIGNS NOW® Sites, located at www.signsnow.com, and related sites (collectively, the “SIGNS NOW® Sites”). We believe that our practices allow us to provide great offers to you, without unnecessary use or disclosure of your information. This policy is incorporated into, and subject to, our Website Terms of Use. If you have questions regarding this policy, please send an email to webmaster@signsnow.com, or write Signs Now Corporation, Attention: Webmaster, 6976 Professional Parkway E., Sarasota, FL 34240. For each, write "Signs Now Corporation Privacy Policy" in the subject line.
Collecting Information
We do not collect any personally identifiable information from individuals unless specifically provided by the individual. For example, you voluntarily provide your name, postal address, email address and phone number to us when you purchase products from SIGNS NOW® Sites, provide feedback on our products, or apply for a job online. We may also collect and store statistics and other information about the online activities of our visitors on an aggregate basis.
For reasons such as improving your experience at our SIGNS NOW® Sites or personalizing our SIGNS NOW® Sites to you (for example, providing better product recommendations or special offers that we think will interest you), we may supplement the information that you provide with information from third parties.
Using Your Information
We do not sell your personally identifiable information to third parties. We, our parent company, our affiliates, our co-branding partners, and/or our third party vendors, may access, use or disclose your personally identifiable information to operate, maintain, service or improve our site, provide targeted offers to you, analyze our site to make it more effective, or for other general internal business purposes, or when we believe in good faith that the law requires it. We may disclose aggregated information about our site to third parties.
Contacting You
Occasionally we may send you email communications to provide information or offers that we think you will find useful. You can choose not to receive any future emails from us, SIGNS NOW® Stores, our affiliates or other their parties with who we share information by following the procedure described in the "Controlling or Changing Your Information" section below. Please note that we may occasionally contact you for administrative purposes even if you unsubscribe from our email list.
Controlling or Changing Your Information
You may review, change, or request the deletion of your contact information and preferences at any time by e-mailing Dave Madden at webmaster@signsnow.com, and you can send us an e-mail requesting your name and contact information be changed or removed from our databases. However, to the extent that corrected or deleted information is also stored in other databases, we cannot always ensure that such corrections or deletions will immediately reach the other databases.
Cookies
We use cookies to assign a unique identification to your computer. Cookies are files that your browser places on your computer's hard drive, which we may use to learn how you arrived at our site. Cookies are also used to save and retrieve your e-mail address, password and preferences so you do not have to re-enter this information each time you visit our site.
In some cases we may track or collect information about your use of our site by the numeric address assigned to the computer you are using (your IP address) or by the URLs that you come from or leave to. These methods also allow us to resolve server problems or administer our site. We do not associate this information with any other personally identifiable information that you may have provided us.
Security
We take every reasonable precaution to protect your information. When our registration/order form asks you for sensitive information (such as credit card number and/or social security number), that information may encrypted and is protected with industry-standard encryption software - SSL. If we do so, we will notify you at that time if such encryption is available. Otherwise, we cannot guaranty the safety or security of your information and your use of the SIGNS NOW® Sites and submission of information to us is at your own risk.
Collection of Information by Third-Party Sites and Sponsors
Certain SIGNS NOW® Sites may contain links to other SIGNS NOW® Sites or other web sites whose information practices may be different than ours. You should consult these other web sites’ privacy notices, as we have no control over information that is submitted to, or collected by, these third parties.
Limits on Our Abilities
Your privacy is very important to us. However, due to the existing legal and technical environment, we cannot ensure that your personally identifiable information will not be disclosed to third parties in ways not described in this policy. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to address or resolve inquiries or problems.
In any event, we cannot and do not guarantee that independently owned and operated SIGNS NOW® Stores will follow the terms of this privacy policy. Therefore, if you provide information to any of our SIGNS NOW Stores, such information will not be subject to the terms of this policy.
Changes to Our Privacy Policy
If we decide to change our privacy policy, we will post those changes on our main SIGNS NOW® Site, www.signsnow.com so you will always be aware of what information we collect, how we use it, and under circumstances, if any, we disclose it.
SIGNS NOW
Terms of Use Agreement
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE www.signsnow.com
WEBSITE(S) AND OUR SERVICES.
WELCOME to the Signs Now Corporation website(s) available at and under
www.signsnow.com and/or under other uniform resource locator(s) and the related
or linked websites of our or our SIGNS NOW® Stores (collectively, the “SIGNS
NOW® Sites”) – developed, hosted, maintained or operated by Signs Now (“SN”), Signs Now Promotional Corporation (the “Fund”) or our
designees. In this Agreement, SN, the Fund or such designees are referred to
collectively as “we,” “us” or “our.” This Terms of Service Agreement (this
“Agreement”) sets forth the terms and conditions governing your use of the SIGNS
NOW® Sites and your access to and use of the webpage, sub-pages, URLs, links,
trademarks, tradenames, trade dress, slogans, logos, copyrights, information,
other content and services offered on or through the SIGNS NOW® Sites (which,
collectively with the SIGNS NOW® Sites, constitute the “Services”).” By
accessing or using the SIGNS NOW® Sites or any of the Services, you accept and
agree to be legally bound by this Agreement, as it may be amended or
supplemented from time to time by us (as further described below), and agree to
all of our operating rules and/or policies and the Services that may be approved
by us and published by us on the SIGNS NOW® Sites. All these rules and policies
are incorporated into this Agreement by this reference. We have other operating
rules and policies (Privacy Policy, Copyright Notice And Takedown Policy)
relating to the SIGNS NOW® Sites and the Services generally. You agree to be
bound by those as well. Further, certain areas of the SIGNS NOW® Sites,
including, without limitation, access to franchisee only areas, or product or
service ordering services may require registration and/or be subject to
additional terms and conditions of use; and we will provide you with notice of
such additional terms and conditions on registration.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS THE SIGNS
NOW® SITES OR USE THE SERVICES.
1. We Reserve the Right to Revise this Agreement. We reserve the right, at any
time and from time to time, to update, revise, supplement and to otherwise
modify this Agreement, and to impose new or additional rules, policies, terms or
conditions on your use of the Services. Such updates, revisions, supplements,
modifications and additional rules, polices, terms and conditions (collectively
referred to in this Agreement as “Additional Terms”) will be effective
immediately and incorporated into this Agreement upon our publishing them on the
SIGNS NOW® Sites, which may be given by any means we designate, including by our
posting to the SIGNS NOW® Sites. Your continued use of any of the SIGNS NOW®
Sites following such notice will be deemed to conclusively indicate your
acceptance of any and all such Additional Terms. All Additional Terms are
incorporated into this Agreement by this reference.
2. We May Revise or Terminate Any Part of the Services at Any Time. We reserve
the right, at any time and from time to time, to modify or discontinue,
temporarily or permanently, the SIGNS NOW® Sites or the Services, with or
without notice to you. This includes the right to modify, discontinue or remove
any content, postings, links, pages, services, or other materials at any time
and for any reason. You agree that we will not be liable to you for any
modification, general suspension or discontinuance of any SIGNS NOW® Sites or
the Services. We may refuse or restrict anyone from access to any or all of the
SIGNS NOW® Sites or the Services at any time.
3. SIGNS NOW Stores are Independent Contractors. If you are accessing any of the
SIGNS NOW® Sites that are particular to the franchised SIGNS NOW® Stores which
engage in the operation or franchising of sign design and graphic sales
businesses using our proprietary System and Marks (“SIGNS NOW® Stores”) that we
license to third parties, you understand and agree that: although we may host,
develop, maintain or operate the SIGNS NOW® Sites on behalf of the SIGNS NOW®
Stores, the SIGNS NOW® Stores are independent contractors operating under
franchise agreements. If you are accessing this Terms of Use Agreement from one
of these SIGNS NOW Stores’ websites, you recognize that we are merely operating
as a third party service provider providing advertising services to the
Franchisee and are not, by operation, hosing, maintenance or development of the
SIGNS NOW® Sites the SIGNS NOW® Stores’ partners, joint venturors, principal,
employer, employee or agent. SIGNS NOW® Stores operate as separate legal
entities and under franchise or fractional franchise agreements between them and
us. They are not our agents or employees. They do not have any right to speak
for us or on our behalf, or bind us to any contracts or obligations. We are not
responsible for any of the acts or omissions of SIGNS NOW® Stores.
4. Acceptable Use of the Services. In order to use the SIGNS NOW® Sites or the
Services, you must obtain access to the World Wide Web directly or through
devices that access web-based content and pay any and all service fees, if any,
associated with such access.
(a) Individual Use. Except as provided in (b) below, you agree that you are only
authorized to visit, view and to retain a single copy of pages of this SIGNS
NOW® Site solely for your own individual, non-commercial use, and that you shall
not duplicate, download, publish, modify or otherwise distribute any material on
this SIGNS NOW® Site for any purpose other than for your own individual use
unless otherwise specifically authorized by us. We post ”Legal Notices” and
various credits on pages of the SIGNS NOW® Sites, which may not be removed even
in your permitted copy. Your use of the SIGNS NOW® Sites is subject to our Legal
Notices and you must not remove these Legal Notices or credits, or any
additional information contained along with the Legal Notices and credits.
(b) Commercial Use. If you wish to link, publish, frame, refer to or provide
information about the SIGNS NOW® Sites, our Marks (defined below), copyrighted
materials or any Services on any website, web page, e-mail address or the like
operated by you or your affiliates, or any companies, partnerships, limited
liability partnerships or any other legal entity which you have an ownership or
investment interest in (also collectively referred to as “you”), you must first
obtain our prior written permission to do so and enter into an agreement with us
on terms designated by us. Contact webmaster@signsnow.com if you seek to obtain
our permission to access this SIGNS NOW® Site for commercial purposes. By
“commercial purposes,” we mean your, on behalf of, any customer, engaging in
building services, other janitorial services, tile an grout cleaning,
restoration, repair or resurfacing or similar services. If you wish to use the
SIGNS NOW® Sites for any commercial purpose, you must contact us at webmaster@signsnow.com
and obtain our prior written permission to do so. If you are a SIGNS NOW® Store,
any use of the SIGNS NOW® Sites by you constitutes a commercial purpose and your
use off them are governed by you Franchise Agreement with us and this Agreement.
(c) Deep Links. You shall not “deep-link” to this SIGNS NOW® Site, meaning that
you will not create, post, display, publish or distribute any link to any page
other than the front (home) page of the SIGNS NOW® Sites for any purpose, unless
specifically authorized in writing by us to do so. You will not create any links
from your website to any website which bears the Marks or our copyrighted
materials or which sign design or graphics sales products or services, any other
of the Services or similar products or services without our express written
consent. If you wish to deep link or any link to the SIGNS NOW® Sites for any
reason, you must contact us webmaster@signsnow.com and obtain our prior written
approval for such deep links or other links.
(d) Security, Cracking and Hacking. You shall not violate or attempt to violate
the security of the Services. Accordingly, you shall not: (i) access data or
materials not intended for you; (ii) log into a server or account which you are
not authorized to access; (iii) attempt to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization; or (iv) attempt to interfere with service to any user,
host or network, including without limitation, via means of submitting a virus
to the Services, overloading, “flooding,” “mailbombing” or “crashing” the
Services. Violations of system or network security may result in civil or
criminal liability. We reserve the right to investigate occurrences which may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who have participated in such violations. You
understand that data and communications, including e-mail and other electronic
communications, may be accessed by unauthorized third parties when communicated
over the Internet. You agree that it is your responsibility, and not ours, to
obtain and use third party software products that support encryption and other
security protocols compatible with such protocols (if any) that may be used by
us from time to time in connection with the Services.
(e) Spidering. THE USE OF ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR PRODUCTS TO
AUTOMATICALLY DOWNLOAD OR “SPIDER” THE SIGNS NOW® SITES OR ANY OF THE PAGES OF
THE SIGNS NOW® SITES INFRINGES ON OUR COPYRIGHTS. DO NOT USE ANY SUCH TOOLS OR
PRODUCTS ON OR IN CONNECTION WITH THE SERVICES!
(f) Termination. We may and will terminate your service immediately, if we
believe that your conduct fails to conform with this Agreement. Without limiting
our rights and your limitations under this Agreement, if you use, or attempt to
use the Services or Marks or our copyrighted materials for any purposes other
than its intended purposes (including without limitation by tampering, hacking,
modifying or otherwise corrupting the security or functionality of the
Services), you may also be subject to civil and criminal liability.
(g) You Are Responsible For All of Your Activities and All of The Content You
Post. You represent and warrant that any information you post or provide to us
by means of the SIGNS NOW® Sites, including, without limitation, as part of any
registration or application or to gain access to any Services, is truthful,
accurate, not misleading and offered in good faith. Any information disclosed to
you via the Services including, without limitation, any content in the
personalized areas of the SIGNS NOW® Sites, may be used only for its intended
purpose. We expect that you will exercise caution, good sense and proper
judgment in using the Services. You agree NOT to use the Services for or in
connection with any of the following activities:
(i) Spoofing or otherwise impersonating any person or entity, including, without
limitation, any other users or any of our personnel, or falsely stating or
otherwise misrepresenting your identity or affiliation in any way, or forging
any TCP/IP packet header or any part of the header information in any e-mail or
other posting;
(ii) Any fraudulent or illegal purpose;
(iii) E-mailing, uploading, or otherwise transmitting or using the Services in
furtherance of the use or distribution of any unlawful, harmful, harassing,
defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit,
obscene, hateful, racially, ethnically or otherwise objectionable material of
any kind, or any material that is invasive of another’s privacy or exploits
children, or transmitting any sexually explicit materials, including images and
other content; and
(iv) Transmitting material that contains viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines or engines that are
intended to damage, destroy, disrupt or otherwise impair a computer’s
functionality or the operation of our (or anyone else’s) Services, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
information, or transmit any materials that otherwise violate our rules or
policies
(h) Account Password and User ID. If the Services require that you become a
registered user of the Services or to access any SIGNS NOW® Site, you must
receive or establish one or more passwords and accounts in the manner we
designate. Maintaining the confidentiality and security of your passwords and
accounts is solely your responsibility. Accordingly, you shall maintain the
security and confidentiality of your accounts. Do not divulge your password or
account information to any third party. You are entirely responsible for all
activities that occur on or through your account(s), and you agree to notify us
immediately about any unauthorized use of accounts or any breach of security.
You agree that we and our affiliates shall not be responsible for any losses
incurred in connection with any misuse of or failure to secure passwords, nor
shall they have any responsibility whatsoever for your failure to comply with
this Section.
(i) Do Not Violate Third Party Intellectual Property Rights. Without any of our
rights or your obligations under this Agreement, you may not, and by using the
Services or an SIGNS NOW® Site you agree not to, use the Services or an SIGNS
NOW® Site to: (i) transmit material that is copyrighted, unless you are the
copyright owner or have obtained the permission of the copyright owner to
transmit it; (ii) transmit material that reveals trade secrets, unless you own
them or have the permission of the owner to so transmit them; or (iii) transmit
material that infringes on any Intellectual Property Rights (as defined below)
of others or violates the privacy or rights of publicity of others. For purposes
of this Agreement, the term “Intellectual Property Rights” means collectively,
rights under patent, trademark, copyright and trade secret laws, and any other
intellectual property or proprietary rights recognized in any country or
jurisdiction worldwide, including, without limitation, moral rights and similar
rights.
(j) Ownership. The trademarks, trade names, logos, color schemes, service marks,
slogans, and similar means if identifying products or services displayed on any
of the SIGNS NOW® Sites, including without limitation, any variation of the term
or phrase “SIGNS NOW” (collectively, the “Marks”) and other Intellectual
Property Rights are our or our licensors registered and/or common law Marks or
other Intellectual Property Rights. All content and materials on the SIGNS NOW®
Sites including, without limitation, the Marks, button icons, images, audio
clips, and software, copyrights, patents and other Intellectual Property Rights
included in the Services or an SIGNS NOW® Site, are our property or our
licensors’ and are protected by U.S. and international copyright, patent,
trademarks, and other proprietary rights and Intellectual Property Rights laws.
The compilation of all content on the SIGNS NOW® Sites is our exclusive property
and is protected by U.S. and international copyright laws. All software used on
the SIGNS NOW® Sites are our property or our licensors and protected by U.S. and
international copyright laws. Except to the minimum extent otherwise expressly
permitted under copyright law, no copying or exploitation of material from the
Services is permitted without the express written permission of us and any other
applicable copyright owner. You may not copy, reproduce, republish, upload,
post, transmit, sell, distribute, transfer or modify any of the content, data,
information or materials found on the SIGNS NOW® Sites, but you may download,
display and print one (1) copy of the content displayed on our site on a single
computer for your personal-non-commercial use. You will not use the Marks or
other content on any site, website, web page, portal, or any form of
advertisement which you operate, authorize or control without our express
written permission. You may not use our Marks or copyrighted materials in any
search engine descriptions, content (meta-tags, “white lettering”, key words, or
other means of directing or influencing web traffic to any website, web page,
portal or e-mail operated, controlled or authorized by you without our express
written permission and your doing so constitutes a violation of our rights under
U.S. Federal law, U.S. States’ laws, and other international laws and a breach
of this Agreement. You will not adopt or use any names, trademarks, slogans,
trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key
words, search descriptions or the like that are the same or are confusingly
similar to the Marks. Without our prior written consent, you will not submit or
maintain any information submitted to search engines which incorporates any
content from the SIGNS NOW® Sites, the Marks, our copyrighted materials or any
marks that are confusingly similar to the Marks. Unless you are a SIGNS NOW®
Store franchisee in full compliance with your agreements with us, you also may
not resell the Services (or any part thereof) without our prior written consent.
If you wish to do so, contact us at webmaster@signsnow.com to determine if we
will grant you permission to resell the Services or use the Marks in such
manner. If you wish to access SIGNS NOW® Site or use any of the Services,
copyrighted materials or the Marks for commercial purposes or which affiliate
with our Marks in any way, contact webmaster@signsnow.com to discuss
establishing a commercial relationship with us and find out if we will grant you
written permission to do so. You acknowledge that you do not acquire any
ownership or license rights by virtue of downloading the Marks, copyrighted
material from the Services. All rights not expressly granted under this
Agreement are expressly reserved to us. If you believe your rights under
applicable copyright laws are being infringed, you may notify our designated
agent by clicking here and following the posted instructions.
5. Compliance with Laws. You may use the Services and the SIGNS NOW® Sites only
for lawful purposes. The Services and use of the SIGNS NOW® Sites are subject
to, and you agree that you will at all times comply with, all applicable local,
state, national, and international laws, statutes, rules, regulations,
ordinances and the like applicable to the use of the Services. This obligation
includes your agreement to comply with all applicable laws, automobile, sales,
rental, or leasing industry-specific regulations, and rules relating to the
export of technical and other data from the United States (and from your country
if you are not located in the United States) and your agreement not to export or
re-export any such data or any other content or materials in violation of such
laws, rules or regulations without first obtaining all necessary licenses,
consents and approvals therefor, as well as authorization from us.
6. Your Access to Certain Services. As a convenience and courtesy to you, in
addition to the Services offered to the general user of the SIGNS NOW® Sites, we
may provide you access certain SIGNS NOW® Sites for purpose of contracting with
us or SIGNS NOW® Stores to sell products or services to you. If we do so, any
offers or sales made in connection with the use of such SIGNS NOW® Sites will be
subject to our Purchase Policies and this Agreement. You acknowledge that your
electronic submissions constitute your agreement and intent to be bound by the
agreements into which you thereby enter. Pursuant to any applicable statutes,
regulations, rules, ordinances or other laws, including without limitation the
Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the
“E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, APPLICATIONS AND OTHER RECORDS AND ELECTRONIC
DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED
THROUGH THIS SIGNS NOW® SITE. Further, you hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances or other laws in
any jurisdiction which require an original signature or delivery or retention of
nonelectronic records, or to payments or the granting of credits by other than
electronic means. You may obtain a copy of this Agreement by printing it now at
no additional cost to you or by contacting us later at webmaster@signsnow.com.
We may charge you up to $10 per copy of this Agreement if we send a copy to you
at a later date. In addition, you understand that certain Services on the SIGNS
NOW® Sites such as a general contents page and a current information page (which
provides information that may include, without limitation, news of interest to
users of the SIGNS NOW® Sites, shipper information and other Services) may
include materials and information from third parties, and you acknowledge and
agree that we have minimal control over such information. Accordingly, we cannot
guarantee, represent or warrant that the content contained in the SIGNS NOW®
Sites is accurate, appropriate to you, and/or inoffensive.
7. We Make No Warranties. YOU USE THE SERVICES AND THE SIGNS NOW® SITES IS AT
YOUR SOLE RISK. THE SERVICES AND THE SIGNS NOW® SITES ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OF TITLE OR
NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SIGNS NOW® SITES WILL BE AVAILABLE
OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS
WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT THAT INFORMATION AVAILABLE ON
OR THROUGH THE SIGNS NOW® SITES INCLUDING, WITHOUT LIMITATION, ESTIMATED FEES
BASED ON USER-PROVIDED INPUT ANY SALES TRANSACTIONS PAGE OR SIMILAR SOFTWARE
FUNCTION, ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR
JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE
ILLEGAL IS EXPRESSLY PROHIBITED. FURTHER, WE DO NOT WARRANT THAT PUBLISHED FEES
BASED ON USER-PROVIDED INPUT IS AN ACCURATE OR TRUE REFLECTION OF THE FEES,
TERMS AND CONDITIONS THAT WILL BE BINDING BETWEEN THE CONTRACTING PARTIES ONCE
THE AUTOMOBILE OR TRUCK LEASED, RENTED OR PURCHASED IS ACTUALLY LEASED, RENTED
OR PURCHASED.
8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL
OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR
THE USE OF THE SERVICES OR ANY ASPECT OF THE SIGNS NOW® SITES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN
PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE
AGGREGATE LIABILITY OF US FOR ANY REASON AND UPON ANY CAUSE OF ACTION
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS
IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SIGNS NOW®
SITES OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP
TO TWO HUNDRED FIFTY DOLLARS ($250).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY
TO USE THE SIGNS NOW® SITES OR SERVICES, OR ANY OTHER MATTER ARISING FROM OR
RELATING TO THE SIGNS NOW® SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Indemnity of Us. You agree to indemnify and hold us harmless, and, at our
request, to defend us from and against any claim, demand, cause of action, debt,
loss or liability, including reasonable attorneys’ fees, to the extent that such
action is based upon, arises out of, or relates to your use (or inability to
use) the Services, any aspect of the SIGNS NOW® Sites, or any other activities
of yours accomplished using the Services or the SIGNS NOW® Sites.
10. Order of Precedence. This Agreement governs your use of the SIGNS NOW® Sites
and access to the Services. This Agreement does not modify, alter or amend any
other agreement you have entered or will enter into with us or any of our
related or affiliated entities. To the extent that any provision of this
Agreement, or any supplemental agreement offered as any part of any registration
for additional Services on the SIGNS NOW® Site, conflicts with any provision of
your other agreements with us or any of our related or affiliated entities, the
terms of such other conflicting term(s) of this Agreement.
11. Dispute Resolution. If a dispute arises out of or relates to this Agreement
or its breach (with the exception of rights to injunctive relief with respect to
Intellectual Property Rights and obligations with respect to confidentiality),
and the parties have not been successful in resolving the dispute through direct
negotiation, then the dispute shall be resolved in binding arbitration in
accordance with the following procedures: (a) If you are domiciled in the United
States, then (i) the dispute must be resolved by arbitration administered by the
American Arbitration Association under its Commercial Arbitration Rules, (ii)
any judgment on the award rendered by the arbitrator(s) may be entered in any
court of competent jurisdiction, (iii) the location of the arbitration shall be
in Bradenton, Florida USA, and (iv) the parties shall have the right to take
discovery of the other party by any method allowed by the Federal Rules of Civil
Procedure; and (b) If you are domiciled outside the United States, then (i) the
dispute shall be resolved by arbitration under the rules of the London Court of
International Arbitration, and (ii) the location of the arbitration shall be
London, England, UK. Whether pursuant to Section 11(a) or 11(b) above, all of
the following conditions shall apply: The arbitrator(s) shall each be a natural
person who has never been employed (either as an employee or as an independent
consultant) by either of the parties, or any parent, subsidiary or affiliate
thereof. The arbitrator(s) may upon request exclude from use in the arbitration
proceeding any evidence not made available to the other party pursuant to a
proper discovery request. The arbitrator(s) shall issue a reasoned award. The
cost of the arbitration shall be borne equally by the parties pending the award.
Upon the decision of the arbitrator(s), the prevailing party shall be entitled
to receive from the other party its reasonable attorneys’ fees and costs. The
parties, their representatives, other participants, the arbitrator(s) and the
administrator(s) of the arbitration shall hold in confidence the existence,
content and outcome of the arbitration.
12. Choice of Law and Forum. The Services are controlled by us from within the
State of Florida , USA, although it may be accessed and used throughout the
world. Subject to Section 11 by submitting a registration or by accessing or
using the Services, you and we each agree that the substantive laws of the State
of Florida, USA will govern with respect to all matters relating to or arising
from this Agreement, or the use (or inability to use) the Services, and that
such laws will apply without regard to principles of conflict of laws. Subject
to the dispute resolution procedures set forth above, you and we agree and
hereby submit to the exclusive jurisdiction and venue of the appropriate State
and Federal courts located in Manatee or Hillsborough Counties, USA with respect
to such matters. Regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to the Services must be filed or
otherwise commenced within one (1) year after such claim or cause of action
arose or be forever barred.
13. Miscellaneous Terms. Subject to the terms of this Agreement and our other
operating rules and policies for the SIGNS NOW® Sites, this Agreement
constitutes the entire agreement between you and us with respect to the subject
matter addressed herein, and governs your use of the Services, superseding any
prior agreements between you and us relating to such subject matter, but this
Agreement may be supplemented by any other agreement you enter into with us
pursuant to a registration to access certain features of the SIGNS NOW® Sites.
The failure of us to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision. If any
provision of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision, and that the
other provisions of this Agreement remain in full force and effect. The section
headings used in this Agreement are for convenience only and have no legal or
contractual effect.
Without limiting the foregoing, our Services at the SIGNS NOW® Sites are not
intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT
UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT
ACCESS THE SIGNS NOW® SITES OR USE THE SERVICES. IF SO, PLEASE IMMEDIATELY
DISCONTINUE USE OF THE SERVICES AND DO NOT ACCESS THE SIGNS NOW® SITES.
COPYRIGHT NOTICE AND TAKEDOWN POLICY
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider’s Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A
RESPONSE.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE
SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN
INFRINGED. ALL OTHER INQUIRIES, (E.G. REQUESTS FOR TECHNICAL ASSISTANCE OR
CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE
A RESPONSE THROUGH THIS PROCESS.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE
MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE
INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY
COPYRIGHT OWNER, OR OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE
SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Signs Now
6976 Professional Parkway E.
Sarasota, FL 34240
Name of Agent Designated to Receive Notification
of Claimed Infringement:
Scott P. Weber, Esquire
Full Address of Designated Agent to Which
Notification Should be Sent:
101 E. Kennedy Boulevard
Suite 2000
Tampa, Florida 33602
Telephone Number of Designated Agent: (813) 229-2111
Facsimile Number of Designated Agent: (813) 371-1103
Email Address of Designated Agent: scott.weber@piperrudnick.com
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3(A),
the Notification must include the following:
-
An electronic or physical signature of the owner or of the person authorized to
act on behalf of the owner of the copyright interest;
-
A description of the copyrighted work that you claim has been infringed, and a
description of the infringing activity including of where the material that you
claim is infringing is located on the Company’s site sufficient to allow us to
locate the material;
-
identification of the location where the original or an authorized copy of the
copyrighted work exists, for example the URL of the website where it is posted
or the name of the book in which it has been published
-
Your address, telephone number, and e-mail address;
-
A statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
-
A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
NOTICE REGARDING FRANCHISE OFFERS OR SALES
This information is not intended as an offer to sell, or the solicitation of an
offer to buy, a franchise. It is for information purposes only. There are
approximately 14 countries and 15 US states that regulate the offer and sale of
franchises. The countries are Australia, Brazil, Canada (provinces of Alberta
and Ontario), China, France, Indonesia, Italy, Japan, Malaysia, Mexico, Russia,
South Africa, South Korea, Spain, and the United States of America. The US
states are California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota,
New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia,
Washington, and Wisconsin. If you are a resident of one of these states or
countries, are receiving this message in one of these states or countries, or
intend to operate a franchise in any of these states or countries, we will not
offer you a franchise unless and until we have complied with any applicable
pre-sale registration and/or disclosure requirements in the applicable
jurisdiction.
This offering is not an offering of a franchise. In New York (USA), an offering
of a franchise can only be made by a prospectus that has been previously filed
and registered with the Department of Law of the State of New York. The
application for registration of an offering prospectus or the acceptance and
filing thereof by the Department of Law as required by the New York law does not
constitute approval of the offering or the sale of such franchise by the
Department of Law or the attorney general of New York.
OUR WEBSITE HAS NOT BEEN REVIEWED OR APPROVED BY THE CALIFORNIA DEPARTMENT OF
CORPORATIONS. ANY COMPLAINTS CONCERNING THE CONTENT OF THIS WEBSITE MAY BE
DIRECTED TO THE CALIFORNIA DEPARTMENT OF CORPORATIONS AT www.corp.ca.gov.
Likewise, our website has not been reviewed or approved by any other federal or
state governmental or regulatory agency.
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