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TAMPAGUIDE WEB SITE TERMS, CONDITIONS, AND NOTICES
AGREEMENT BETWEEN USER AND ROBERTSON'S TAMPA GUIDE
This Web site is offered to the user conditioned on the user's acceptance without
modification of the terms, conditions, and notices contained herein. By accessing and
using this Web site, the user is deemed to have agreed to all such terms, conditions, and
notices.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of this Web site are: Copyright © 1998 Robertson's Tampa Guide and/or its
suppliers, Tampa, Florida 33625 U.S.A. All rights reserved.
This Web site is for the personal, non-commercial use of users. Users may not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products or services
obtained from this Web site.
TampaGuide and other names of products referenced herein are trademarks or registered
trademarks of Robertson's Tampa Guide. Other product and company names mentioned herein
may be the trademarks of their respective owners.
LIABILITY DISCLAIMER
The information, software, products, and services published on this Web site may include
inaccuracies or typographical errors. Changes are periodically added to the information
herein. Robertson's Tampa Guide and/or its respective suppliers may make improvements
and/or changes in this Web site at any time.
Robertson's Tampa Guide and/or its respective suppliers make no representations about the
suitability of the information, software, products, and services contained on this Web
site for any purpose. All such information, software, products, and services are provided
"as is" without warranty of any kind. Robertson's Tampa Guide and/or its
respective suppliers hereby disclaim all warranties and conditions with regard to this
information, software, products, and services, including all implied warranties and
conditions of merchantability, fitness for a particular purpose, title and
non-infringement. In no event shall Robertson's Tampa Guide and/or its suppliers be liable
for any direct, indirect, punitive, incidental, special or consequential damages arising
out of or in any way connected with the use of this Web site or with the delay or inablity
to use this Web site or for any information, software, products, and services 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 Robertson's Tampa Guide 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.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Web site ("Software")
is the copyrighted work of Robertson's Tampa Guide and/or its suppliers. Use of the
Software is governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement"). End users
shall not install or use any Software that is accompanied by or includes a License
Agreement, unless the end user first agrees to the License Agreement terms.
For any Software not accompanied by a license agreement, the following shall constitute
the License Agreement: Robertson's Tampa Guide hereby grants to you, the user, a personal,
non-transferable license to use the Software for viewing and otherwise using this Web site
in accordance with these terms and conditions, and for no other purpose.
Please note that all Software, including without limitation all HTML code and Active X
controls contained in this Web site, is owned by Robertson's Tampa Guide and/or its
suppliers and is protected by copyright laws and international treaty provisions. Any
reproduction or redistribution of the Software is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other
server or location for further reproduction or redistribution is expressly prohibited. The
software is warranted, if at all, only according to the terms of the license agreement.
Except as warranted in the license agreement, Robertson's Tampa Guide hereby disclaims all
warranties and conditions of merchantability, fitness for a particular purpose, title and
non-infringement.
RESTRICTED RIGHTS LEGEND
Any Software which is downloaded from this Web site for or on behalf of the United States
of America, its agencies and/or instrumentalities ("U.S. Government"), is
provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Robertson's Tampa Guide, Tampa, FL 33625.
USE OF INFORMATION
The name, address and payment information (if applicable) that the user provides via this
Web site, together with information regarding the manner in which the user uses this Web
site, will not be processed or disclosed by Robertson's Tampa Guide except as permitted by
these terms and conditions. By being a user of this Web site, the user agrees that
Robertson's Tampa Guide may share with other parties both aggregate information,
individual information, and locator gathered by Robertson's Tampa Guide in the course of
the user's continuing individual use of this Web site. "Aggregate information"
is information that describes the habits, usage patterns and/or demographics of users as a
group but does not describe or reveal the identity of any particular user.
"Individual information" is information about a user that is presented in a form
distinguishable from information relating to other users but not in a form that personally
identifies any user or enables the recipient to communicate directly with any user.
"Locator information" consists of a user's name, e-mail address, physical
address and/or other data about the user that enables the recipient to personally identify
the user. Any user who does not wish to receive any special offers or communications from
Robertson's Tampa Guide on behalf of suppliers, or directly from Robertson's Tampa Guide
or its affiliates, may so notify Robertson's Tampa Guide at the listed below under SERVICE
CONTACT. (Note that a user's election not to receive such information will not affect the
user's receipt of offers and communications that were processed prior to the users'
election.) Locator information and individual information will be processed and stored by
Robertson's Tampa Guide in the United States and, if the user does not live in the United
States, possibly in the country of residence. Users may contact Robertson's Tampa Guide to
determine whether such information has been accurately recorded and, if not, to request
correction of any inaccuracies in the information recorded by Robertson's Tampa Guide.
INDEMNITY
As a condition of use of this Web site, you, the end user, agree to indemnify Robertson's
Tampa Guide and its suppliers from and against any and all liabilities, expenses
(including attorneys' fees) and damages arising out of claims resulting from your use of
this Web site, including without limitation any claims alleging facts that if true would
constitute a breach by you of these terms and conditions.
SERVICE CONTACT
Contact webmaster@tampaguide.com with questions or problems with this Web site.
MODIFICATION OF THESE TERMS AND CONDITIONS
Robertson's Tampa Guide reserves the right to change this agreement at any time by
revising the terms and conditions herein. Users are responsible for regularly reviewing
these terms and conditions. Continued use of this Web site following any such changes
shall constitute the user's acceptance of such changes.
GENERAL
This agreement is governed by the laws of the State of Florida, U.S.A. User consents to
the exclusive jurisdiction and venue of courts in Hillsborough County, Florida, U.S.A. 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 acknowledges that no joint venture, partnership, employment, or agency relationship
exists between the user and Robertson's Tampa Guide 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 Robertson's Tampa Guide and Robertson's Tampa Guide shall not be
liable for any representation, act or omission of the user.
Robertson's Tampa Guide's performance of this agreement is subject to existing laws and
legal process and nothing contained in this agreement is in derogation of Robertson's
Tampa Guide's right to comply with law enforcement requests or requirements relating to
the user's use of this website or information provided to or gathered by Robertson's Tampa
Guide 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.
This agreement constitutes the entire agreement between the user and Robertson's Tampa
Guide 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
Robertson's Tampa Guide with respect to this Web site. 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.
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