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You acknowledge and agree that the information that you will receive from brandname.com or to which you will be provided access, whether through the brandname.com website (or any affiliated website) or directly, is intended solely for your entertainment purposes, and that the information may not be used except as specifically authorized by brandname.com in writing. Specifically, you represent and warrant that:
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As a user of the MMA Gambling Tips website (and any affiliated websites), you may receive or establish an account ("Account"). You acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your Account, and that you are not permitted to let anyone else use your Account. You further acknowledge that you will not reveal your Account information to anyone else or use anyone else’s Account. You also agree to immediately notify MMA Gambling Tips of any unauthorized use of your Account or any other breach of security.
You acknowledge and agree that MMA Gambling Tips is and shall remain the owner of all rights, title and interest in and to the MMA Gambling Tips website (and all affiliated websites) and its content, including without limitation all designs, copyrightable material (regardless of whether such material is copyrightable under the United States Copyright Act, the Berne Union for the Protection of Literary and Artistic Property, the Universal Copyright Convention, and/or any of the laws of any other nation), patentable material (regardless of whether such material is patentable under the laws of the United States and/or any other nation), trademarks and trade dress, droit moral, and confidential and trade secret information (collectively, the "Intellectual Property Rights"), including without limitation all derivatives, improvements, modifications and enhancements thereto, and all Intellectual Property Rights associated therewith. You also acknowledge that all of the personalities (including their names and biographies) depicted on the MMA Gambling Tips website (and any affiliated websites) were created and are owned by MMA Gambling Tips .
You acknowledge that all of the information you will receive from MMA Gambling Tips , whether through the MMA Gambling Tips website (or any affiliated website) or directly, is confidential and constitutes trade secrets (the "Trade Secrets") as defined by Florida’s adoption of the Uniform Trade Secrets Act, Florida Statutes §688. 001et seq. At all times during your use of the MMA Gambling Tips website (or any affiliated website), you shall maintain the confidentiality of the Trade Secrets, shall hold the Trade Secrets in strict confidence, and shall not disclose the Trade Secrets to any third party, nor use for any purpose other than as expressly permitted by MMA Gambling Tips . The obligation to maintain confidentiality shall continue for so long as MMA Gambling Tips treats the relevant information as being confidential and/or a trade secret.
You acknowledge that the various trademarks appearing on the MMA Gambling Tips website (and on any affiliated websites) are the property of their respective owners, and nothing herein shall be deemed a license or other grant of rights to use such trademarks.
Nothing herein shall in any way constituted or be deemed a sale or assignment of rights in, or transfer of ownership from MMA Gambling Tips to you, of any right, title and interest in and to the copyrights, patents, trade secrets, trademarks and other rights associated with the MMA Gambling Tips website (and any affiliated websites). All Intellectual Property Rights associated with MMA Gambling Tips website (and any affiliated websites) shall remain’s exclusive property. To the extent that your access to the information on the MMA Gambling Tips website (or any affiliate websites) is deemed to give rise to an implied license, such license is expressly limited to your personal use of the information consistent with the various restrictions contained herein.
Warranties and Acknowledgements. You represent and warrant that you are twenty-one (21) years of age or older. You also acknowledge that the names of the various authors and writers who create content for the MMA Gambling Tips may have been changed to protect their privacy.
EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED HEREIN, MMA Gambling Tips DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT YOU MAY OBTAIN USING THE MMA Gambling Tips WEBSITE (OR ANY AFFILIATED WEBSITES) AND ANY INFORMATION THAT YOU MAY RECEIVE FROM MMA Gambling Tips (WHETHER DIRECTLY, FROM THE MMA Gambling Tips WEBSITE OR FROM ANY AFFILIATED WEBSITE). YOUR ACCESS TO AND USE OF THE INFORMATION ON THE MMA Gambling Tips WEBSITE (OR ANY AFFILIATE WEBSITES) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTIABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE LIABILITY FOR YOUR USE OF THE MMA Gambling Tips WEBSITE (AND ANY AFFILIATED WEBSITES) AND ANY INFORMATION CONTAINED THEREIN, AND MMA Gambling Tips SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO THE USE OF THE MMA Gambling Tips WEBSITE (OR ANY AFFILIATED WEBSITES). MMA Gambling Tips SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF MMA Gambling Tips HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
You acknowledge and agree that your breach of any of the restrictions relating to the information you may receive from MMA Gambling Tips (regardless of whether you receive such information directly, from the MMA Gambling Tips website or from any affiliated website) is likely to cause MMA Gambling Tips irreparable harm, and that the harm caused may not be readily ascertainable (particularly in circumstances where you have republished or disseminated information in violation of the restrictions contained herein). You further acknowledge and agree that if the harm caused by your breach of the restrictions contained herein is incapable of being ascertained with certainty, then in any court action relating to such breach, MMA Gambling Tips will be entitled to recover an award of damages of not less than $5, 000. 00 per instance of disclosure, publication or dissemination of information in violation of these terms and conditions.
You agree to defend, indemnify and hold harmless MMA Gambling Tips , its officers, directors, employees, representatives, agents, subsidiaries, affiliates and customers against any claim (including attorney’s fees and court costs) relating in any way to any claim relating to your use of the MMA Gambling Tips website (or any affiliate website), including without limitation, any claim relating to your use of information obtained from MMA Gambling Tips.
You may terminate your subscription at any time prior to its expiration by providing MMA Gambling Tips ’s customer service with notice of your intention to terminate your subscription. However, you acknowledge and agree, consistent with the provisions of Section 2 above, that early termination of your subscription shall not entitle you to a refund. MMA Gambling Tips shall have the right to terminate your subscription immediately and without prior notice in the event of a breach of any of these terms and conditions, and MMA Gambling Tips shall be entitled to retain the balance of any paid subscription.
You acknowledge and agree that the restrictions, limitations and remedies contained in Sections 1, 4, 5, 6, 9 and 10 shall survive termination of these terms and conditions and/or your relationship with MMA Gambling Tips .
These terms and conditions shall be governed by and interpreted under the laws of the State of Florida (without regard to its principles regarding conflicts of laws). The sole and exclusive venue for any action relating to this Agreement or the parties hereto shall be in the state or federal courts in Miami, Miami-Dade County, Florida. If any provision herein is found to be contrary to law or otherwise invalid, void or unenforceable, it shall be deemed omitted and shall not affect the remaining terms, which shall remain in full force and effect. These terms and conditions may not be altered or amended except by a written instrument signed by both parties (with any such amendments or changes to be effective only after signed by both parties).
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