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Agreement Between User and Miracle Fruits Exchange, Inc. The Miracle Fruits Exchange, Inc. Web Site is comprised of various Web pages operated by Miracle Fruits Exchange, Inc. The
Miracle Fruits Exchange, Inc. Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the Miracle Fruits Exchange, Inc.
Web Site constitutes your agreement to all such terms, conditions, and
notices. Modification Of These Terms Of Use Miracle
Fruits Exchange, Inc. reserves the right to change the terms,
conditions, and notices under which the Miracle Fruits Exchange, Inc.
Web Site is offered, including but not limited to the charges
associated with the use of the Miracle Fruits Exchange, Inc. Web Site. Links To Third Party Sites The
Miracle Fruits Exchange, Inc. Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the control of
Miracle Fruits Exchange, Inc. and Miracle Fruits Exchange, Inc. is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Miracle Fruits Exchange, Inc.
is not responsible for webcasting or any other form of transmission
received from any Linked Site. Miracle Fruits Exchange, Inc. is
providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Miracle Fruits Exchange, Inc.
of the site or any association with its operators. No Unlawful Or Prohibited Use As
a condition of your use of the Miracle Fruits Exchange, Inc. Web Site,
you warrant to Miracle Fruits Exchange, Inc. that you will not use the
Miracle Fruits Exchange, Inc. Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You
may not use the Miracle Fruits Exchange, Inc. Web Site in any manner
which could damage, disable, overburden, or impair the Miracle Fruits
Exchange, Inc. Web Site or interfere with any other party's use and
enjoyment of the Miracle Fruits Exchange, Inc. Web Site. You may not
obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the
Miracle Fruits Exchange, Inc. Web Sites. Use Of Communication Services The
Miracle Fruits Exchange, Inc. Web Site may contain bulletin board
services, chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with
a group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not: Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others. Publish,
post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information. Upload files that contain
software or other material protected by intellectual property laws (or
by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents. Upload
files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another computer. Advertise
or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download
any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such
manner. Falsify or delete any author attributions, legal
or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that
is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations. Miracle
Fruits Exchange, Inc. has no obligation to monitor the Communication
Services. However, Miracle Fruits Exchange, Inc. reserves the right to
review materials posted to a Communication Service and to remove any
materials in its sole discretion. Miracle Fruits Exchange, Inc.
reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever. Miracle Fruits Exchange, Inc. reserves the
right at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials,
in whole or in part, in Miracle Fruits Exchange, Inc.'s sole discretion. Always
use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Miracle
Fruits Exchange, Inc. does not control or endorse the content, messages
or information found in any Communication Service and, therefore,
Miracle Fruits Exchange, Inc. specifically disclaims any liability with
regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts are
not authorized YMCA of Dodge County spokespersons, and their views do
not necessarily reflect those of Miracle Fruits Exchange, Inc. Materials
uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials. MATERIALS PROVIDED TO Miracle Fruits Exchange, Inc. OR POSTED AT ANY Miracle Fruits Exchange, Inc. WEB SITE Miracle
Fruits Exchange, Inc. does not claim ownership of the materials you
provide to Miracle Fruits Exchange, Inc. (including feedback and
suggestions) or post, upload, input or submit to any Miracle Fruits
Exchange, Inc. Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Miracle Fruits Exchange,
Inc., its affiliated companies and necessary sub licensees permission
to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name
in connection with your Submission. No compensation will
be paid with respect to the use of your Submission, as provided herein.
Miracle Fruits Exchange, Inc. is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
Miracle Fruits Exchange, Inc.'s sole discretion. By
posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions. Liability Disclaimer THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Miracle Fruits Exchange, Inc. WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. Miracle Fruits Exchange, Inc. AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Miracle Fruits
Exchange, Inc of Broward County WEB SITE AT ANY TIME. ADVICE RECEIVED
VIA THE Miracle Fruits Exchange, Inc. WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION. Miracle Fruits Exchange, Inc. AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Miracle Fruits
Exchange, Inc. of Broward County WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. Miracle Fruits Exchange, Inc
of Broward County AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL Miracle Fruits Exchange, Inc. AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
Miracle Fruits Exchange, Inc. WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE Miracle Fruits Exchange, Inc. WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
Miracle Fruits Exchange, Inc. WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE Miracle Fruits Exchange, Inc. WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Miracle Fruits Exchange, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF THE Miracle Fruits Exchange, Inc.
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE Miracle Fruits Exchange, Inc. WEB
SITE. Service Contact
info@miraclefruitman.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Termination / Access Restriction Miracle
Fruits Exchange, Inc. reserves the right, in its sole discretion, to
terminate your access to the Miracle Fruits Exchange, Inc. Web Site and
the related services or any portion thereof at any time, without notice.
General To
the maximum extent permitted by law, this agreement is governed by the
laws of the State of Florida, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in Broward County, Florida,
U.S.A. in all disputes arising out of or relating to the use of the
Miracle Fruits Exchange, Inc. Web Site. Use of the Miracle Fruits
Exchange, Inc. Web Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions,
including without limitation this paragraph.
You agree
that no joint venture, partnership, employment, or agency relationship
exists between you and Miracle Fruits Exchange, Inc. as a result of
this agreement or use of the Miracle Fruits Exchange, Inc. Web Site.
Miracle Fruits Exchange, Inc.'s performance of this agreement is
subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of Miracle Fruits Exchange, Inc.'s
right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Miracle Fruits Exchange,
Inc. Web Site or information provided to or gathered by Miracle Fruits
Exchange, Inc. with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and Miracle
Fruits Exchange, Inc. with respect to the Miracle Fruits Exchange, Inc.
Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user
and Miracle Fruits Exchange, Inc. with respect to the Miracle Fruits
Exchange, Inc. Web Site. A printed version of this
agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be drawn up in English. Copyright and Trademark Notices All
contents of the Miracle Fruits Exchange, Inc. Web Site are: Copyright
2008 by Miracle Fruits Exchange, Inc. and/or its suppliers. All rights
reserved. Trademarks The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The
example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred. Any rights not expressly granted herein are reserved. Notices and Procedure For Making Claims Of Copyright Infringement Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement.
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