The following words used in these Terms shall have the following meanings:
1. “Cotney” shall mean Trenton Cotney, P.A.
2. “Personal Information” shall mean all data and/or information provided by and about any Visitor to the web site.
3. “Cotney Web Site” shall mean all web sites on which Trent Cotney, P.A. provides products, information and/or services.
4. “Visitor” shall mean any Visitor and/or User that accesses or views any page of the Cotney Web Site.
5. “Visitor Information” shall mean the Personal Information you are required to give to Cotney in order to access our services.
6. “Documentation” means any and all data collected by the Cotney Web Site relating to any Visitor.
As used in these Terms, (a) the word “or” is not exclusive, (b) the words “consent” and “approval” are synonymous, (c) the word “including” is always without limitation, (d) all monetary amounts are denominated in United States dollars, (e) neuter words should be construed to include correlative feminine and masculine words, (f) words in the singular number include words in the plural number and vice versa.
A. By visiting or logging on to the Cotney Web Site, you fully accept these Terms. Cotney reserves the right to amend, change, or modify these Terms at any time.
B. Cotney may operate, either now or in the future, sub-domains and aliases of these domains, in order to provide additional new and exciting services. All web sites on which Cotney provides products, information and/or services are hereinafter referred to as the “Cotney Web Site.”
C. By accessing the Cotney Web Site, these Terms shall govern the web site user relationship between you and Cotney, irrespective of which Cotney Web Site you are registered with or logged into, either now existing or created in the future.
D. Visitor understands and agrees to be bound by these Terms regarding the use of the Cotney Web Site.
F. Visitor acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the Cotney, or any other, Web Site. Cotney shall nonetheless endeavor to keep Cotney’s Web Site available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond Cotney’s control (e.g. disruptions in communication networks, power failures, equipment failure, etc.), may result in brief disruption or temporary interruption of the services provided on the Cotney Web Site.
III. Services Provided
A. Details about the full range and extent of Cotney’s services, options and pricing can be obtained by contacting Cotney. Information contained on Cotney’s Web Site may not be up to date or accurate. Users shall not rely on any information contained on the Web Site without first verifying same with Cotney.
B. Any use of the services, information and content offered on the Cotney Web Site beyond the scope of options provided by Cotney requires prior written consent from Cotney.
IV. Obligations of Visitor
A. Visitor agrees to adhere to the following requirements:
1. to provide only true and non-misleading information in communications with Cotney;
2. to comply with all laws, ordinances, statutes and applicable legislation and to respect all third-party rights. In particular, Visitor shall not:
a. use any insulting or defamatory words, symbols, photographs or other similar content, regardless of whether said content is directed at another Visitor or Cotney personnel or other companies or individuals;
b. use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law; and/or
c. communicate case specific information through the Cotney Web Site if the Visitor is not a client.
3. You may not distribute content that:
a. violates any right of the Cotney Web Site or any third party;
b. violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
c. interferes with any Visitor’s uninterrupted use of Cotney;
d. uploads or transmits viruses or other harmful, disruptive or destructive files, material or code; and/or
e. disrupts, interferes with, or otherwise harms or violates the security of Cotney or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Cotney Web Site.
4. Visitor is further prohibited from the following activities:
a. employing any mechanisms, software or scripts when using the Cotney Web Site. However, the Visitor may use the interfaces or software provided by Cotney within the scope of the services available on the Cotney Web Site;
b. blocking, overwriting, modifying and copying of any contents of the Cotney Web Site.
c. distributing or publicly disclosing the contents of the Web Site of Cotney, without written permission; and/or
d. performing any actions which may impair the operability of Cotney’s infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
WARNING: Any violation of these terms that involves criminal conduct of any kind will be referred to law enforcement authorities upon notice received by Cotney.
V. Changes to the Services
Cotney, in its sole discretion and without prior notice, reserves the right to modify the services offered on the Cotney Web Site and/or to offer services different from those offered at the time of the Visitor’s registration or using of web site.
VI. General Disclaimers and Limitations of Liability
A. While Cotney uses reasonable efforts to include accurate and up-to-date information, Cotney specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability or operability or availability of information or material displayed on any and all Cotney Web Site. Cotney disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Cotney disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material from the Cotney Web Site.
B. COTNEY’S WEB SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COTNEY WEB SITE, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. COTNEY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COTNEY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COTNEY PRODUCTS, SERVICES OR WEB SITE. COTNEY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COTNEY WEB SITE. COTNEY DISCLAIMS ANY WARRANTIES FOR SERVICES, PRODUCTS OR GOODS RECEIVED THROUGH, OR ADVERTISED ON, THE COTNEY WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COTNEY WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY VISITOR CONTRIBUTIONS PROVIDED ON THE COTNEY WEB SITE.
C. VISITOR UNDERSTANDS AND AGREES THAT DOWNLOADING OR OTHERWISE OBTAINING MATERIAL OR DATA THROUGH THE USE OF THE COTNEY WEB SITE IS AT VISITOR’S OWN DISCRETION AND RISK AND THAT VISITOR WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
D. COTNEY IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY VISITORS OR THIRD PARTIES, ACTIONS OF ANY THIRD PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, VISITOR’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
E. UNDER NO CIRCUMSTANCES SHALL COTNEY BE LIABLE TO ANY VISITOR ON ACCOUNT OF THAT VISITOR’S USE OR MISUSE OF, OR RELIANCE ON, THE COTNEY WEB SITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND/OR PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF COTNEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OF, MISUSE OF, AND/OR RELIANCE ON THE COTNEY WEB SITE, FROM INABILITY TO USE THE COTNEY WEB SITE AND/OR FROM THE INTERRUPTION, SUSPENSION AND/OR TERMINATION OF THE COTNEY WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, PRODUCTS OR GOODS RECEIVED THROUGH, OR ADVERTISED ON, THE COTNEY WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE COTNEY WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE COTNEY WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE COTNEY WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE COTNEY WEB SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE COTNEY WEB SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
F. Cotney does not make any warranties or representations regarding any data, content and/or information provided or made available by the Cotney Web Site or on any external web sites linked to it. In particular, Cotney does not warrant or represent that said data, content and/or information is accurate, or that it fulfills or serves any particular purpose.
G. Visitor may report any activities of any other Visitor which violate applicable laws and/or any of the Terms stated herein (including the use of pseudonyms or fictitious names) by contacting Cotney via e-mail.
Visitor agrees to indemnify, defend and hold harmless Cotney, its Web Site and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees, costs and expenses) arising from or relating to any allegation regarding:
A. Visitor or user’s use of the Cotney Web Site or services or reliance upon any data used in reports to Visitor regarding Visitor’s use of Visitor ‘s web site;
B. Cotney’s use of Visitor information, so long as such use is not inconsistent with these Terms;
C. information, content or material provided through Visitor’s IP address, even if not posted by Visitor; or
D. any violation of these Terms by Visitor.
VIII. Data Protection
A. Cotney recognizes that any data provided by Visitor /User to Cotney is extremely important and Cotney shall therefore be particularly sensitive in handling such data.
B. Visitors/Users are advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information via the Internet because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, Cotney shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given prior consent in view of such security risks. However, please be advised that the Cotney Web Site does not use (Secure Socket Layer-SSL) when transferring and receiving Visitor /User data through the Cotney Web Site. Accordingly, please keep sensitive communications over the internet to a minimum and take appropriate steps to safeguard your personal information before sending Cotney anything via the Cotney Web Site. Cotney shall not be liable for any damages, claims or loss incurred by Visitor /User resulting from the transfer of information via the Cotney Web Site.
E. Cotney opposes the use of available contact information by a third-party for sending unsolicited advertisements (SPAM).
F. Cotney reserves the express right to take legal action against unsolicited mailing or e-mailing of SPAM and other similar unsolicited advertising materials. Cotney will report all violators to their respective Internet Service Providers (ISP) as well as the appropriate legal authority.
IX. Right to Content Use
A. Cotney grants a right of use over all content to the Cotney Web Site to registered Visitor. Duplication or the use of such content by Visitor s or third-parties in other electronic or printed media is prohibited without Cotney’s express consent.
B. All information, content, services and software displayed on, transmitted through or used in connection with the Cotney Web Site is owned by Cotney.
C. Visitor may use the Content online only and solely for personal, non-commercial use, and may download or print a single copy of any portion of the Content solely for personal, non-commercial use, provided Visitor does not remove any trademark, copyright or other notice from such Content.
D. Visitor may not post, distribute or republish in any way, any portion of the Content to any Internet, Intranet or Extranet web site or incorporate the Content in any database, compilation, archive or cache, except as expressly allowed in these Terms.
E. Visitor may not copy Content without permission from Cotney. Visitor agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Cotney Web Site. Visitor may not insert any code or product or manipulate the content of the Cotney Web Site in any way that affects the Visitor’s experience, and further, may not use any data mining, data gathering or extraction method on the Cotney Web Site.
F. Requests to use Cotney content for any purpose other than as permitted in these Terms shall be directed through the Cotney Web Site.
G. Visitor grants a non-exclusive license to Cotney to use Visitor’s name in all marketing and advertising campaigns of Cotney, as well as on its web site. Cotney may, but is not required, to contact Visitor when using Visitor’s name in the manner described in this paragraph.
X. Additional Terms
A. These Terms and any modifications thereto must be in writing to be valid.
B. Cotney reserves the right to modify these Terms at any time, without providing reasons and without notice to Visitor. Visitor is urged to check these Terms frequently in order to determine if they have been modified in any way. If these Terms have been modified and Visitor continues to use the Cotney Web Site, the modified Terms shall be deemed to be accepted by Visitor.
C. Unless otherwise stated in these Terms, Visitor may submit all notices to Cotney through the Cotney Web Site.
D. Cotney may send notices to the Visitor by e-mail to the address(es) given in the Visitor’s registration or updated contact data in Visitor’s account.
E. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision.
F. The place of performance and jurisdiction under these Terms shall be the State of Florida, U.S.A.
G. The Cotney Web Site was created, is modified and controlled in the State of Florida, U.S.A. Accordingly, you agree that the substantive laws of the State of Florida govern the interpretation and enforcement of these Terms and any dispute arising out of or relating to the Terms shall be filed in the appropriate state court in Hillsborough County, Florida or the United States District Court for the Middle District of Florida, Tampa Division, for a federal district court proceeding.
XI. Customer Service/Support
All queries by Visitor regarding these Terms or Cotney’s services can be through the Cotney Web Site.
XII. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Unless otherwise stated, all material presented on this Web Site including these Terms is protected by United States and International Law, Copyright 2011 Trenton H. Cotney. All rights reserved. Product names, association names or logos and honorary names and logos identified in this Web Site are the trademarks or the registered trademarks of their respective owners. These trademark holders are not affiliated with Cotney or Cotney’s Web Site. They do not sponsor or endorse any of the information contained on the Web Site. All trademarks are the intellectual property rights remain the property of their respective holders and are used on the Cotney Web Site. Their use in no way indicates any relationship between Cotney and the holders of said trademarks.
XV. Effective Date