Terms of Use Agreement

1. GENERAL

This Terms of Use Agreement ("Agreement") governs your access to and use of the Andrea Arden, LLC ("AALLC"), website located at www.AndreaArden.com (the "Site"). Please read this Agreement very carefully and let us know if you have any questions via the "Contact" link on our homepage. By accessing, browsing, or using the Site in any way, you agree that you have read, understand, and agree to be bound by the terms of this Agreement. If you do not agree with any of the terms herein, do not use the Site. AALLC reserves the right to refuse service to anyone for any reason.

This Agreement does not govern your subscription for, purchase of, or use of any products or services offered by AALLC on the Site, or otherwise. You may be required to separately accept terms and conditions relating to any products or services offered by AALLC for which you subscribe, which you purchase, or which you use. Those terms and conditions will be presented to you at the time of subscription, purchase, or use and will be a condition of your subscription, purchase, or use.

2. GOVERNING LAW

THIS AGREEMENT AND YOUR USE OF THIS SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.

3. USE OF THE SITE

By using this Site, you represent and warrant that you are an "adult" (i.e., eighteen (18) years of age or older). You may only use this Site for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other adult from using or enjoying the Site. This Site may contain links to other Internet sites and third-party resources. AALLC is not responsible for either the availability of these outside resources or their content. AALLC may, but is not obligated to, monitor your use of this Site.

4. INTELLECTUAL PROPERTY

The content of this Site is protected by law, including without limitation, United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Site solely for your own personal, non-commercial use, provided that none of the content is modified and all of AALLC's legal legends are retained. You may not "mirror" any content contained within this Site without the prior express written consent of AALLC. Except as stated herein, none of the content on this Site may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of AALLC or the appropriate copyright owner. AALLC does not grant you any licenses, express or implied, to the intellectual property of AALLC or its licensors except as expressly stated in this Agreement.

5. TRANSMISSION OF CONTENT

Subject to the terms of our Privacy Policy, any material, information, or ideas that you transmit to or post to or through this Site by any means will be treated as non-confidential and non-proprietary despite any legends to the contrary, and may be used by AALLC for any purpose whatsoever. All "personal information" provided to AALLC by you will be handled in accordance with our Privacy Policy, which can be found at http://www.AndreaArden.com/privacy.php or by clicking on the link below. You agree to the terms of our Privacy Policy by providing your "personal information" to AALLC.

You are prohibited from posting or transmitting to or through this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, or any other material that is illegal or could give rise to legal liability under applicable law.

6. INTERNATIONAL USE

This Site is controlled and operated by AALLC from within the United States. AALLC makes no representations that materials contained within the Site are appropriate or available for use outside the United States and its territories. Access to this Site from locations where such activity is illegal is prohibited. Those who choose to access, browse, and/or use this Site from locations outside the United States and its territories do so at their own risk and are solely responsible for compliance with all applicable laws.

7. U.S. GOVERNMENT RESTRICTED RIGHTS

The content of this Site is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.

8. LIMITATION OF LIABILITY

THE SITE IS PROVIDED "AS IS" AND AALLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. UNDER NO CIRCUMSTANCES SHALL AALLC BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED HEREIN, EVEN IF AALLC KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.

9. INDEMNIFICATION

You agree to defend and indemnify AALLC, and its officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of: (a) your breach of this Agreement, (b) your violation of any law or the rights of a third party, or (c) your use of this Site.

10. MODIFICATIONS

This Agreement may be modified by AALLC at any time by updating and posting a new version on the Site or by otherwise notifying you of the revised Agreement. By using the Site, you agree that you have read, understand, and agreed to be bound by the terms and conditions of the version of this Agreement that is in force during such use.

11. TERM AND TERMINATION

This Agreement is effective as of the date of your first access or use of the Site following its publication, and shall remain in effect for the duration of your access or use. This Agreement shall automatically terminate upon your breach of the Agreement.

12. GENERAL

The terms set forth herein constitute the entire agreement between you and AALLC regarding the use of the Site. AALLC"s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. AALLC"s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information gathered by us with respect to such use.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole, and any such provision should be construed and enforced by authorities to the maximum extent allowable under applicable law. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision may be deemed severable from the remainder of this Agreement and, if severed, shall not affect the validity and enforceability of any remaining provisions.

By accessing and/or using the Site: (1) you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and AALLC, (2) you agree not to commence or prosecute any action in connection herewith except in the state and federal courts of Florida, and (3) you waive all defenses relating to lack of personal jurisdiction and forum non conveniens with respect to jurisdiction and venue in the state and federal courts of Florida.

The state or federal courts sitting in Leon County, Florida, shall have exclusive jurisdiction over the subject matter of any dispute arising out of this Agreement, and your use of this Site demonstrates your consent to the jurisdiction of such courts. The venue for any dispute arising out of this Agreement shall lie in Leon County, Florida, and your use of this Site demonstrates your consent to venue in such courts.

This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of this Agreement by its express terms. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Any rights not expressly granted herein are reserved.

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Last Updated January 26, 2009