LIABILITY DISCLAIMER & USER AGREEMENT
LIABILITY DISCLAIMER & USER AGREEMENT
The CDR Maguire web site is offered to you, the user (“User”), conditioned on acceptance of the terms, conditions, and notices contained herein, without modification. User access and use of this site constitute acceptance of the terms and conditions set forth in this Liability Disclaimer & User Agreement (the “User Agreement” or the “Agreement”).
The website is provided as a public service. CDR Maguire reserves the right to offer this website directly to you or through its authorized agents and contractors. Government personnel and the general public may use this system to review and retrieve publicly available government information. User agrees to use this web site as permitted by applicable local, state, and federal laws. User agrees, therefore, not to: 1) knowingly and without authorization, alter, damage, or destroy CDR Maguire’s, its contractors’ or another user’s computer system, network, software, program, documentation or data contained therein; 2) use this service to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking action which results in blocking access to this website by other users will be deemed an unauthorized use.
Anyone using this system expressly consents to administrative monitoring at all times by CDR Maguire and its authorized agents and contractors. You (User) are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you (User) do not wish to consent to monitoring, exit this system now.
Disclaimer of Liability and Reliability
In preparation of these pages, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, CDR Maguire and its authorized agents and contractors disclaim any responsibility for typographical errors and accuracy of the information that may be contained on CDR Maguire web pages. The information and data included in this website have been compiled by CDR Maguire staff from a variety of sources, and are subject to change without notice to the User. CDR Maguire and its authorized agents and contractors make no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data.
In any situation where the official printed publications of CDR Maguire differ from the text contained in this system, the official printed documents take precedence. THE SERVICES, INFORMATION, AND DATA MADE AVAILABLE AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. CDR MAGUIRE AND ITS AUTHORIZED AGENTS AND CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION OR FUNCTIONALITY OF THIS WEB SITE, ITS SUITABILITY FOR USE, OR THAT THIS WEB SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
The trademarks, service marks, trade names, trade dress and products in this web site are protected in the United States and internationally. No use of any of these may be made without the prior, written authorization of the owners of this site, except to identify the products or services of the company.
Links to Third Parties’ Web Sites
There are links and pointers to third party Internet websites contained in CDR Maguire’s website. These sites linked from the CDR Maguire website are not under CDR Maguire’s control. CDR Maguire and its authorized agents and contractors do not assume any responsibility or liability for any information, communications or materials available at such linked sites, or at any link contained in a linked site. CDR Maguire and its authorized agents and contractors do not intend these third party links to be referrals or endorsements of the linked entities by CDR Maguire, and are provided for convenience only. Each individual site has its own set of policies about what information is appropriate for public access. User assumes sole responsibility for use of third party links and pointers.
Disclaimer of Damages
By using CDR Maguire web pages, the User assumes all risks associated with the use of this site, including any risk to User’s computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a CDR Maguire web page, this site or User’s access to it. CDR MAGUIRE AND ITS AUTHORIZED AGENTS AND CONTRACTORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THE INFORMATION OR LACK OF INFORMATION ON THE CDR MAGUIRE WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FROM ANY INFORMATION, DOCUMENTS, SERVICES, SOFTWARE, OR OTHER MATERIAL OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CDR MAGUIRE AND/OR ANY OF ITS AUTHORIZED AGENTS, CONTRACTORS, EMPLOYEES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CDR Maguire and its authorized agents and contractors shall not be liable for any loss or injury caused in whole, or in part, by their actions, omissions, or contingencies beyond their control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user’s decision, or action taken or not taken in reliance upon information furnished.
Disclaimer of Association With User
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and CDR Maguire or its authorized agents or contractors as a result of this Agreement or use of this web site. User agrees not to hold himself or herself out as a representative, agent, or employee of CDR Maguire and CDR Maguire and its authorized agents and contractors shall not be liable for any representation, act or omission of the User.
Use of Bulletin Board, or any Other Communication or Interactive Forums
To the extent that this web site contains or may in the future contain bulletin boards, blog posts, discussion webs, chat rooms, or other message, interactive or communication facilities involving CDR Maguire and other users (“Forums”), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not engage in any conduct which may be considered:
User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this web site only as permitted by these terms and conditions, any additional policies or procedures published in this web site from time to time by CDR Maguire, and applicable law. User is solely responsible for the content, including the truthfulness and accuracy of any information or statements, User may sent to this web site.
CDR Maguire and its authorized agents and contractors reserve the right, in their sole and absolute discretion, to remove any content of this website received from users for violations of CDR Maguire forum use policies and other applicable regulations and law, including any content which CDR Maguire considers offensive or in violation of applicable law. CDR Maguire reserves the right to edit any notices or postings for length if and when such length interferes with other users’ access to and use of this forum.
The User acknowledges that chats, conferences, blog posts, bulletin boards, discussion webs and any other such interactive or communications’ forums hosted by this web site are public and not private communications. Further, the User acknowledges that chats, posting conferences, discussion webs and other communications by other Users are not endorsed by CDR Maguire or its agents or contractors, and such communications shall not be considered reviewed, screened, or approved by CDR Maguire.
As a condition of use of CDR Maguire’s web site, the User agrees to indemnify, defend and hold harmless CDR Maguire, its Board, officers, directors, members, employees and agents and contractors from and against any and all liability, expenses (including attorney’s fees) and damages, losses, judgments, costs, or losses arising out of or relating to claims resulting from or relating to User’s use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by User of this Agreement and/or applicable law. CDR Maguire reserves the right, at User’s expense, to take over the exclusive defense of any claim for which CDR Maguire is entitled to indemnification under this User Agreement. In such event, User shall provide CDR Maguire with such cooperation as is reasonably requested by CDR Maguire.
This Agreement is governed by the laws of the State of Florida, USA without reference to any conflict of laws principles which might direct the application of the law of another jurisdiction. User consents to the exclusive jurisdiction and venue of the state courts, and if jurisdiction is appropriate, the federal court located in Miami-Dade county, Florida, USA in all disputes arising out of or relating to the use of this web site. Use of this 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. User waives any argument that the state and federal courts located in Miami-Dade County, Florida lack jurisdiction over User or are otherwise inconvenient fora. User waives any right to trial by jury in any action arising out of or relating to User’s use of this website.
CDR Maguire’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of CDR Maguire’s right to comply with law enforcement requests or requirements relating to the User’s use of this web site or information provided to or gathered by Miami-Dade county with respect to such use.
CDR Maguire and User agree that they will resolve any disputes, claims or controversies arising out of User’s use of this web site or the parties’ relationship on an individual basis and any claims brought under this User Agreement in connection with the web site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. CDR Maguire and User further agree that CDR Maguire and User shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under this User Agreement or in connection with the web site.
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 limitation 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.
Closing of Agreement
This Agreement constitutes the entire agreement between the User and CDR Maguire (and its contractors and agents) with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and CDR Maguire with respect to this web site. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. CDR Maguire reserves the right to change, modify, or amend the terms of this Agreement at any time and without prior notice.
User represents that by using this web site, User shall refer to this User Agreement from time to time to ensure the User is familiar with the current terms and conditions of this Agreement. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved to CDR Maguire.