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Agreement of Terms of Use

 

THIS AGREEMENT OF TERMS OF USE (this "Agreement") is made as of this day, by and between JM Family Enterprises, Inc., its subsidiaries and affiliates, including but not limited to Southeast Toyota Distributors, LLC and JM Auto, Inc. d/b/a JM Lexus (collectively, "JMFE") and you. This Agreement sets forth the terms and conditions that apply to your access and use of the Internet website owned by JM Family Enterprises, Inc., located at the URL www.africanamericanachievers.com ("africanamericanachievers.com"). If you do not agree with the terms of this Agreement, please do not use this website.

Applicability of Agreement This Agreement is intended to apply to you, JMFE, and the website www.africanamericanachievers.com ("africanamericanachievers.com").

Your Right to Access and Use africanamericanachievers.com

The right to access and use africanamericanachievers.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use africanamericanachievers.com for lawful purposes and pursuant to the terms and conditions of this Agreement. You must be eighteen (18) years of age or older to provide any information on the site for purposes of nominating an individual to be an African-American Achiever and to join our Mailing List. You agree also that any individual nominated by you to become an African-American Achiever or whose information you provide for purposes of joining our "Mailing List" is at least eighteen (18) years of age at the time you provide such information through the website to us and that you have obtained such individual's permission to provide his or her information to us.

By accessing and using africanamericanachievers.com (other than to read this Agreement), you agree to comply with all of the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which JMFE, in its sole discretion, may make in the future.

Any action by you that, as determined by JMFE, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying africanamericanachievers.com shall not be permitted, and may result in your loss of the right to access and use africanamericanachievers.com.

Intellectual Property Rights

Images and/or videos of people or places displayed on africanamericanachievers.com are either the property of, or used with permission by, JMFE. The use of these images and/or videos by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on africanamericanachievers.com. Any unauthorized use of the images and/or videos may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on africanamericanachievers.com, including, without limitation, the names "JM Family Enterprises, Inc.," "Southeast Toyota Distributors, LLC," "JM Lexus" and their respective logos are registered and unregistered Trademarks of JMFE or its rightful owners. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on africanamericanachievers.com without the written permission of JMFE or such third party owners of the Trademarks. Any use of third party Trademarks on africanamericanachievers.com is done either by permission of the Trademarks' owners, or as part of a "News" story or feature and subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting JMFE any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on africanamericanachievers.com, or any other content on africanamericanachievers.com, except as provided in this Agreement, is strictly prohibited. You are also advised JMFE will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The data and content contained on or downloaded from africanamericanachievers.com (collectively, the "Content") are copyrighted by JMFE, which also own a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content.

Without the prior written consent of JMFE, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy and (ii) one print copy, for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of Content.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use other than personal, non-commercial use of the Content is permitted without the express prior written permission of JMFE or its licensors.

You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.

You shall be solely responsible for any damage resulting from your infringement of JMFE intellectual property, or any other harm incurred by JMFE as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use for purposes other than personal, non-commercial use of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement.

No Representations or Warranties Regarding Content

THE CONTENT IS BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. JMFE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT.

JMFE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM AFRICANAMERICANACHIEVERS.COM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON AFRICANAMERICANACHIEVERS.COM.

Links to Third Party Sites

africanamericanachievers.com may contain links to third party Internet websites ("Linked Sites"). The Linked Sites are not under the control of JMFE and JMFE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. JMFE is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is JMFE responsible if the Linked Site is not working appropriately. JMFE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JMFE of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use africanamericanachievers.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of africanamericanachievers.com.

Termination of this Agreement

You may terminate or opt out of this Agreement at any time by contacting JM Family Enterprises, Inc. at nick.bosse@jmfamily.com. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use africanamericanachievers.com.

JMFE may terminate this Agreement at any time, without prior notice, for any reason, or for no reason, which JMFE shall have no obligation to disclose to you.

Limitations on JMFE' Liability

JMFE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A RESULT OF:

(i) YOUR ACCESS AND USE OF AFRICANAMERICANACHIEVERS.COM;
(ii) YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL, NON-COMMERCIAL USE;
(iii) YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY JMFE BY JMFE'S PRIOR WRITTEN PERMISSION REGARDING THE SAME; OR
(iv) YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED OR ADVERTISED ON AFRICANAMERICANACHIEVERS.COM.

Indemnification

You shall defend, indemnify and hold harmless JMFE, its subsidiaries and affiliates and each of its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) any access or use of africanamericanachievers.com.

Third Party Rights

This Agreement is for the benefit of JMFE, its subsidiaries, affiliates, and third party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on its behalf. Amendments JMFE reserves the right to amend this Agreement at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon its inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on africanamericanachievers.com.

You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of africanamericanachievers.com following the posting of any such changes shall automatically be deemed your acceptance of the same.

Remedies

You acknowledge that JMFE may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, JMFE shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.

For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Miscellaneous

This Agreement is to be governed and construed in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by JMFE from time to time, shall survive your acceptance of this Agreement.

PRIVACY POLICY

This policy is applicable to www.africanamericanachievers.com, owned and operated by JM Family Enterprises, Inc. and certain of its service providers, subsidiaries and affiliates ("Service Providers"). In this policy, JM Family Enterprises, Inc. and Service Providers are referred to collectively as "we," "our" or "us".

We are committed to respecting the privacy rights of our customers and all visitors to our website. The purpose of this Privacy Policy is to describe what types of personal information we collect from visitors to our website.

Our website does, in a limited manner, use a technology called "cookies". A cookie is a small piece of text that you can agree to place on your computer's hard drive. In most cases, you can set your web browser to prompt you when a cookie request is being made from a web page, such as the africanamericanachievers.com web page, and you have the option to accept or not. If you accept or do not reject the cookie, then your browser adds the text in a small file. Accepting cookies in no way gives us access to your computer or any personal information about you. It is merely a method of storing information to improve your online experience. It will assist us in making your site visit easier and more productive. Technically, cookies are harmless, occupying just a few bytes on your hard drive. Note that personal information is often contained in or linked to a cookie (such as email address, zip code, etc.). In general, we only collect personal information (which may include first and last name, home or other physical address, e-mail address, and telephone number) for you and/or others when you voluntarily submit it to us as part of the Nomination Application, when you join our Mailing List, and/or when you "Tell A Friend" about us.

At africanamericanachievers.com, our site may also gather information about which areas of our site receive the most visits and user visit history. We may also use web beacons to count page visits by our users, to access our cookies, and otherwise to improve your experience on our website.

As a condition to using the africanamericanachievers.com site, we require your approval to collect this data and the approval of those whose data you are submitting. By visiting africanamericanachievers.com you agree that we may collect and use this information and that you have obtained the consent of others whose information you have submitted that we may collect and use this information (1) to send marketing and other communications to you and them; (2) to conduct internal reviews of our site (e.g., to determine the number of visitors to the site); (3) to help us better understand your use of our site; (4) to respond to specific requests from you; (5) to provide any necessary notices to you and them; (6) to conduct marketing research; and (7) to protect the security or integrity of our site. Non-personal information will be used for purposes of conducting internal reviews of the site and to provide an enhanced online experience for our visitors. If we change our privacy policy, we will post the changes on this page so you are always informed about what information we collect, how we use it, and under what circumstances we disclose it.

JM Family Enterprises, Inc. will transfer or otherwise disclose the information it collects from its site visitors to employees and independent contractors of JM Family Enterprises, Inc., its subsidiaries, affiliates, and Service Providers if the disclosure will enable that party to perform a business, professional, or technical support function for JM Family Enterprises, Inc. Additionally, we reserve the right to disclose the personally identifiable information you have provided to us as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website.

The webmaster for africanamericanachievers.com can be reached at nick.bosse@jmfamily.com.
Effective Date: November 16, 2009


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