These terms and conditions (the "Agreement") represent an agreement between you and Setnor Byer Insurance & Risk, referred to as ("SBIR") for the use of the RSS feed provided on the SBIR website. BY DOWNLOADING THE RSS FEED (the "Service") YOU CONSENT TO BE A BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE. SBIR may modify these terms at any time by posting a new agreement on our site. Continued use of the Service constitutes an acceptance to any changes.
Section 1. Grant
Subject to the terms of this Agreement, SBIR hereby grants the user a revocable, nontransferable, non-sub licensable, royalty free, nonexclusive license to use the Service with those platforms from which a functional link, when available and accessed, exclusively takes the viewer directly to the display of the full article on the SBIR site (the functional link and articles will collectively be referred to as the "Content").
Section 2. Use of RSS Feed
RSS is a free service offered by SBIR for non-commercial use.
Section 3. Materials Not Authored by Parties of SBIR/Unrelated Parties
Not Authored by Parties of SBIR/Unrelated Parties Permission granted herein does not apply to materials authored by unrelated parties of SBIR.
Section 4. Reservation of Rights
The Service and any parts thereof, are protected by the copyright laws of the United States and international copyright treaties. As between the parties, title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof shall remain in SBIR. In addition, any additional programming or technology provided by, in relation to or in connection with the delivery of the Service shall remain the sole property of SBIR or its respective license holders. The user does not gain the aforementioned license by operation of this Agreement. SBIR reserves all rights not expressly granted under Section 1 of this Agreement. Nothing in this section shall be construed to void, modify or alter the operation of Section 3 of this Agreement as it pertains to Unrelated Parties.
Section 5. Restrictions
Except as expressly stated in Section 1, you may not: 5.1 either directly or indirectly, alter, edit or delete any portion or functionality of the Service; 5.2 display the name, logo, trademark or other identifier of another person, except for those of SBIR or the Unrelated Parties Content provider on your website, in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the site; 5.3 remove, conceal or obliterate any copyright or other proprietary notice, credit line, date line or other mark or source identifier included in the Service in any way whatsoever.
Section 6. Warranty Disclaimer
6.1 You represent and warrant to SBIR that your Mark(s) and/or content on your Web site, other than the Service, do not and will not infringe any trademark, service mark, copyright, right to publicity, right of privacy or other intellectual property right of third party, constitute false, deceptive or unfair advertising or disparagement under applicable law, or fail to comply with applicable laws and regulations (including, for example, licensing requirements and administrative or professional rules).
6.2 SBIR PROVIDES THE SERVICE AND CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. SBIR HEREBY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, ACCURACY OR RELIABILITY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Section 7. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL SBIR, ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF SERVICES, CONTENT OR RESULTS, COMPUTER FAILURE OR MALFUNCTION, COSTS OF CONNECTION TO THE SERVICE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
Section 8. Indemnity
You hereby agree to fully indemnify, defend and hold SBIR, its affiliates and their respective officers, directors, and employees harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by you in connection with any use of the Service.
Section 9. Right to Discontinue Feeds
SBIR reserves the right to discontinue your access to the Service at any time. No notice is required for such action and you acknowledge that upon such discontinuance, you will destroy any portions of the Service remaining in your possession in whatever format they may exist.
Section 10. Severability
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. In the event one or more provisions of this Agreement cannot be reformed, they shall be deemed severed and have no effect on the operation of this Agreement as a whole.
Section 11. Miscellaneous
This Agreement represents the complete agreement between the parties as it pertains to the Service and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral. This Agreement shall be governed by and construed under the laws and jurisdiction of the State of Florida. Any action to enforce this Agreement shall be brought exclusively in either the state or federal court located in Broward County, Florida, and nowhere else.