This Agreement governs your use of the myoilguide.com web site (“Web site”).
Use of the Site
You understand and accept that the information provided on this Web site is intended for educational purposes only. The statements made on this Web site have not been evaluated by the Food and Drug Administration. The products featured on this Web site are not intended to diagnose, treat, cure or prevent any disease. Anyone suffering from any disease, illness or injury should consult with a physician.
All materials (including the copy, layout, design, images and videos) presented on this Web site (the “Materials”) are copyright protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
Currency of Web Site
MediaFocus updates the information on this Web site regularly. However, MediaFocus cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site.
Linked Web Sites
This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that MediaFocus monitors or endorses these Web sites. MediaFocus shall not be responsible or liable for the content of any third party web site web pages that are linked to or referenced on the this Web site. MediaFocus shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources. MediaFocus shall not be responsible for any defamatory, offensive, misleading, or illegal conduct of other users, links, or third parties. The risk of using this Web site and following any links rests entirely with you the user.
Internet Software or Computer Viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.
MediaFocus shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. MediaFocus recommends that you install appropriate anti-virus or other protective software.
WEB SITE AND MATERIALS PROVIDED “AS IS”
THIS WEB SITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION AND ANY PRODUCTS CONTAINED THEREIN.
ALL INFORMATION PROVIDED ON THIS WEB SITE INCLUDING BUT NOT LIMITED TO CONTENT, IMAGES, VIDEOS, AND PRODUCTS ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND MEDIAFOCUS DOES NOT WARRANT THE ACCURACY OF ANY INFORMATION PROVIDED. MATERIAL IS PROVIDED “AS IS” WITHOUT REPRESENTATION AND “WITH ALL FAULTS”. MEDIAFOCUS DOES NOT WARRANT THAT THE MATERRIAL IS ERROR FREE OR THAT USAGE IS UNINTERRUPTED. MEDIAFOCUS EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON‑INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL MEDIAFOCUS BE LIABLE FOR LOSS, COST, EXPENSE, OR DAMAGE TO YOU IN AN AMOUNT EXCEEDING AN AMOUNT OF US$10.00. MEDIAFOCUS HAS NO OBLIGATIONS IT HAS NOT EXPRESSLY ACCEPTED HEREIN. MEDIAFOCUS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM ANY BREACH OF THIS AGREEMENT OR OTHERWISE ARISING OUT OF OR RELATING TO, THIS AGREEMENT OR THE SUPPORT, OR THE SERVICES, OR FOR ITS NEGLIGENCE OR GROSS NEGLIGENCE, OR FOR ANY CLAIM MADE AGAINST YOU BY ANY OTHER PARTY EVEN IF MEDIAFOCUS HAS BEEN ADVISED OF THE CLAIM OR POTENTIAL CLAIM.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WAIVER OF JURY TRIAL
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION BROUGHT UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT. EACH PARTY’S WAIVER IS A MATERIAL INDUCEMENT TO THE OTHER PARTY TO ENTER INTO THIS AGREEMENT.
This Agreement shall be governed by, interpreted and construed in accordance with the laws of the State of Florida applicable to contracts entered into and wholly to be performed in the State of Florida without regard to its conflict of law provisions. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Florida and the federal court situated in the State of Florida, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement.
The parties shall settle any controversy arising out of this Agreement by arbitration in Sarasota County, Florida in accordance with the rules of the American Arbitration Association. A single arbitrator shall be agreed upon by the parties, or if the parties cannot agree upon an arbitrator within ten (10) days of filing with the American Arbitration Association, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association. The arbitrator shall award costs and reasonable attorneys fees to the prevailing party as part of the award. The award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Either party may also seek equitable or extraordinary relief through judicial proceedings.
Venue And Consent To Jurisdiction
All actions hereunder must be brought in the state of Florida in and for Sarasota County, Florida and if such courts do not have jurisdiction then in the federal courts in and for Sarasota county, Florida without regard to any present or future domicile or principal place of business of the parties. Each party irrevocably submits to the jurisdiction of such courts for itself and in respect of its property with respect to such action. The parties irrevocably agree that venue would be proper in such courts, and hereby waive any objection that such court is an improper or inconvenient forum for the resolution of such action.
Effect of Partial Invalidity
The parties hereto agree that this Agreement constitutes the entire Agreement between and among them with respect to the subject matter of this Agreement and that it supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, expressed or implied, oral or written. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.
All headings contained herein are for purposes of reference and convenience only and shall not limit or define any rights or obligations of the parties hereto.