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Flapjaq.com & Flapjaq Websites — Terms of Use
Last Updated November 29, 2016 PLEASE READ THESE TERMS OF USE CAREFULLY; THIS IS A LEGALLY BINDING AGREEMENT. Flapjaq.com website (“Flapjaq.com”) and all websites operated at subdomains of Flapjaq.com, such as for example, FortLauderdale.flapjaq.com, and all similar subdomains of Flapjaq.com (Flapjaq.com and each such subdomain of Flapjaq.com being collectively referred to as, the “Flapjaq Websites;” each, a “Flapjaq Website” or a “Website”) are services offered by Domcor, LLC, a Florida limited liability company (“Domcor” or “we” or “us”). This Terms of Use Agreement (the “Agreement” or “Terms of Use”) contains terms and conditions applicable to your access and use any or all of the Flapjaq Websites, whether accessed via the internet, wirelessly or through any other method. BY ACCESSING OR USING ANY OF THE FLAPJAQ WEBSITES OR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS, WHETHER OR NOT YOU REGISTER ON A FLAPJAQ WEBSITE, AND WHETHER OR NOT YOU ADD A LISTING TO ANY DIRECTORY FOUND ON A FLAPJAQ WEBSITE. By visiting a Flapjaq Website or accessing any content available through a Flapjaq Website you accept and agree to all of the terms and provisions of this Agreement, for yourself, your heirs and assigns, and for any organization, business, or entity that you represent or on whose behalf you are acting in accessing this Website (collectively, referred to herein as “you”). If you do not agree with all of the terms contained in this Agreement, you may not use this Website or any of the Flapjaq Websites. This Agreement includes the Code of Conduct, the Editorial Policy, and the Privacy Policy that apply for each of the Flapjaq Websites, as amended by Domcor from time to time and as posted on Flapjaq.com, all of which documents are incorporated in and made a part of this Agreement. By accessing any of the Flapjaq Websites, you agree also to be bound by and comply with all of the terms of this Agreement, the Code of Conduct, Editorial Policy, Privacy Policy, and any additional terms and conditions or applicable legal documents posted on Flapjaq.com.
Domcor may amend or modify this Agreement at any time by posting the amended Terms of Use on Flapjaq.com. Updated versions of this Agreement become the effective Agreement immediately upon publication on the Flapjaq.com. You are responsible for regularly reviewing the Terms of Use. For your convenience, the date of last revision is included at the top of this page. Continued use of any of the Flapjaq Websites by you after any such modification or amendment of this Agreement constitutes your agreement to such modifications or amendment. 1. Domcor’s Proprietary Rights and Your Permitted Use 1.1 Your Permitted Use of the Flapjaq Websites. Each of the Flapjaq Websites is the sole and exclusive property of Domcor and/or its licensors. So long as you agree and comply with the terms of this Agreement, as amended, and unless this Agreement is otherwise terminated by Domcor, you are granted a non-exclusive, non-transferrable, revocable, limited license to access and use the Flapjaq Websites on any single computer solely for your own personal, non-commercial use. Domcor may terminate this license without notice at any time and for any reason. 1.2 Limitations. Use of any of the Flapjaq Websites in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law. You are permitted to view and use the Website solely for your own use, and subject to the limited license above. In order to post any content of any kind on any of the Flapjaq Websites, you must register and click agreement to this Agreement and the incorporated Code of Conduct, Editorial Policy, and Privacy Policy. To add a listing in any Directory found on a Flapjaq Website, you must separately register and agree to the terms of our Listing & Advertising Service Agreement. You may not duplicate, publish, alter, modify, distribute or create derivative works from any content, information or services provided through or located on any of the Flapjaq Websites, unless expressly authorized by Domcor in writing; provided that questions and answers posted on any of the Flapjaq Websites may be forwarded by users to other sites such as Twitter and Facebook via use of the tools provided on the Website for that purpose, and by posting questions or answers on the Website, you consent to such forwarding, and license to other users the right so to forward and share any such content posted on the Website by you. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on flapjaq.com or any of the Flapjaq Websites. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of any of the Flapjaq Websites. You will not use the ask & answer function or any other part of any of the Flapjaq Websites for spamming, keyword stuffing, or other conduct
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aimed at marketing a product or service or driving traffic to any other website or URL. You will not use any of the Flapjaq Websites, or access to any of the Flapjaq Websites other than as expressly authorized by Domcor in writing. You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of any of the Flapjaq Websites or any information about usage or users. You may not use any robot, spider, other automatic device, or manual process to access, monitor or copy any of the Flapjaq Websites or any portion thereof without Domcor’s prior written permission. You agree not to access any of the Flapjaq Websites by any means other than through the interface that is provided by Domcor. You further agree that you will not collect any information, including without limitation screen names or e-mail addresses, from or through any of the Flapjaq Websites using any automated means, including without limitation any script, spider, “screen scraping,” or “database scraping” application, or otherwise, whether for commercial or other use or purpose. You will not damage, disable, overburden, or impair any of the Flapjaq Websites or interfere with its operation or any other party’s use and enjoyment of it. If Domcor makes software or other services available to you for download, your download and use of such software shall be subject to a separate license agreement in addition to these Terms of Use. 1.3 Intellectual Property Rights. You hereby acknowledge and agree that, as between Domcor and you, all right, title, and interest in and to the Flapjaq Websites, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Domcor. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You acknowledge that each of the Flapjaq Websites and its content are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. 1.4 Copyright Notice. Copyright 2016 to date Domcor, LLC. All rights reserved. 1.5 Notice of Claims for Copyright Infringement; Copyright Policy. If you are a copyright owner or agent thereof and believe that content posted on any of the Flapjaq Websites infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to Domcor LLC’s Designated Copyright Agent (at the address below). All such notices and claims must include the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright; (b) identification and a description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notice, a representative list of such works at that site; (c) the exact URL of the location on a Flapjaq Website containing the material that you claim is infringing, and an Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material; (d) your address, telephone number, and a working email address where Domcor LLC can contact you; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on act on behalf of the owner of an exclusive right that is allegedly infringed. Please direct your notice to our Copyright Agent by mail addressed to: Domcor LLC, ATTN: MANAGING MEMBER, CC: LEGAL COUNSEL, 110 East Broward Blvd, Suite 1700, Fort Lauderdale, FL 33301, or by email to Support@flapjaq.com. 1.6 Trademarks. Flapjaq® is a registered trademark of Domcor. The Flapjaq™ name and logo and Flapjaq.com™, Domcor™, Powered by Domcor™ and related names and logos are trademarks/service marks of Domcor. Unauthorized use of any Domcor trademark, trade name, service mark or logo, or unauthorized use of any trademark, trade name service mark or logo of any third party, including without limitation any of Domcor’s Third Party Suppliers, service providers, advertisers, or any person or entity posting or contributing User Content to the Website, may be a violation of federal and state trademark laws. All third party trademarks are the property of their respective owners, and cannot be used without permission. Third party trademark references herein do not constitute or imply affiliation with, endorsement, or recommendation of Domcor or the Flapjaq Websites by the respective trademark owners, and do not constitute or imply affiliation with, endorsement, or recommendation of such third party trademark owners by Domcor or any of the Flapjaq Websites. 2. Conduct in Using the Flapjaq Websites. Your conduct in connection with any of the Flapjaq Websites, including without limitation your use of any of the Flapjaq Websites and posting or contributions of any User Content (as defined below) to any of the Flapjaq
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Websites, is governed by Domcor’s Code of Conduct, and Editorial Policy, both as amended by Domcor from time to time and as posted on Flapjaq.com, which Code of Conduct and Editorial Policy, as so amended, are incorporated in and made a part of this Agreement. If you discover materials on the Website that violate this Agreement, including without limitation the Code of Conduct and Editorial Policy, please notify us at Support@Flapjaq.com. In order to post any content any Flapjaq Website, you must register on such website and agree to this Agreement. In order to add listings to any Directory found on any of the Flapjaq Websites, you must separately click agreement to our Listing & Advertising Service Agreement, and you must also comply with this Agreement and the incorporated Code of Conduct and Editorial Policy. 3. User Contributions to the Flapjaq Websites 3.1 Registration. Each of the Flapjaq Websites requires registration and login with your unique user name and password in order to ask or answer a question or otherwise submit content of any kind for posting to such Website, or to access and use certain services provided by the Website. By registering, you are representing and warranting that you have read and understand, and you are agreeing to all of the terms and conditions in this Agreement and the Code of Conduct, and Editorial Policy, as well as Domcor’s Privacy Policy. If you elect to add a listing to a Directory on any of the Flapjaq Websites, you must also agree to the terms and conditions of a separate Listing & Advertising Service Agreement, in addition to this Agreement, the Code of Conduct, Editorial Policy, and Privacy Policy. In all cases, you agree (i) to provide Domcor with accurate, truthful, and complete registration information, including all information required by the registration form(s) on the Website and including without limitation an accurate and functioning e-mail address, and to update all of this information continually so that it remains accurate, truthful, complete and current at all times, and so that Domcor at all times has your accurate, current and functioning e-mail address where you can be contacted by Domcor at all times, (ii) to comply with this Agreement, the Editorial Policy, Code of Conduct, and all rules, instructions and requirements stated on the Website in completing your profile upon registration, and not to include in your profile any hyperlinks not specifically allowed by the foregoing policies, and (iii) if you add a Directory listing, to submit accurate, truthful, and complete information in the proper fields of the listing form on the Website. You will inform Domcor of any changes to your registration information or listing information. You warrant that your registration is for a single person or entity only, and that you will not permit anyone other than yourself or authorized users on behalf of your business entity to access and use sections or services of the Website requiring registration using your user name and password. When you register to submit content to a Flapjaq Website, you will designate a user name and password. You are responsible for maintaining the confidentiality of your user name, password and account, and are fully responsible for all activities that occur under your user name, password or account. You agree to (a) immediately notify Domcor of any unauthorized use of your user name, password or account or any other breach of security, or if you suspect the privacy of your user name, password or account has been jeopardized, and (b) log out of your account at the end of each session. You are responsible for all access to and use of the Website through your user name, password, or account, including access to or use of any services the use of which results in monetary charges or damages of any kind to you, whether or not you have knowledge of or authorize such access and use. 3.2 Your Responsibility for User Content. Domcor provides opportunities to contribute content to a Flapjaq Website to registered users of such Website, including those who submit questions or answers to questions, those with Directory listings on the Website, and users who Domcor, in its discretion and subject to the rules stated in the Code of Conduct, Editorial Policy and on the Website, may permit to vote or otherwise rate answers as “best answers”, or to post reviews, advertisements, coupons, or other content on the Website. All information, data, text, links, questions, answers, comments, ratings, “best answer” designations, reviews, articles, business listings or other listings or advertisements of any kind, deals, coupons or other user-generated content, software, photographs, graphics, video, music, sound, messages, trademarks, trade names, copyrighted material, and other content of any kind whatsoever posted by you or any user on a Flapjaq Website is referred to herein, collectively, as “User Content.” You understand and agree that all User Content posted by or for you on any Flapjaq Website, whether as part of any question, answer, listing or advertising by or for you, any comment, review or rating submitted, or otherwise, and whether publicly posted or privately transmitted, are your sole responsibility, and that you are solely and exclusively responsible for all such User Content posted by or for you. You further acknowledge and agree that Domcor will have no responsibility or liability of any kind for any User Content posted by you or other users on any Flapjaq Website. You hereby waive and release, and indemnify Domcor and the Domcor Affiliates (as defined in Section 4 below) from and against, any Claims (as defined in Section 4) arising out of or in connection with any User Content posted by you or any User Content posted by any other user or supplied by any Third Party Supplier (as defined in Section 3.7) about you or about any answers or other content posted by you on the Website, or naming or describing you or your business or entity. You expressly acknowledge and agree that the Website is a public service and domain, that once you submit Your User Content for inclusion on the Website it will be accessible by others including the general
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public, and that there is no confidentiality or privacy with respect to your User Content, including any personally identifying information that you may include in any question, answer, comment, listing or other content, or otherwise make available online or submit to the Website or Domcor for posting to the Website. You further agree and acknowledge that your User Content and any associated public user profile submitted to the Website may appear on the Website and potentially on other websites to which it may be forwarded or linked by other users and on other Domcor websites perpetually or as long as Domcor, in its discretion, may determine. There is no cost to you to submit your User Content; provided that Domcor may at some point impose charges for future listings submitted to any Directory on a Flapjaq Website by giving notice of such charges on Flapjaq.com. You will not receive any compensation or payment of any kind in exchange for submitting or posting your User Content on any Flapjaq Website or granting the license that you grant in Section 3.3. 3.3 Grant of License for User Content. By posting, providing, publishing, uploading, submitting, transmitting, distributing, or otherwise making available any User Content, you hereby grant to Domcor and the Domcor Affiliates (as defined in Section 4 below), or warrant that the owner of the following rights has expressly granted to Domcor and the Domcor Affiliates a worldwide, irrevocable and perpetual, fully-paid, royalty-free, nonexclusive, right and license to use, access, reproduce, adapt, modify, publish or re-publish (electronically or otherwise), link to, translate, publicly perform, publicly display, distribute, sublicense, transfer, assign, sell, and create derivative works and compilations from, rate, review, comment on and tag your User Content, and incorporate your User Content into any form in any medium or technology, now known or later developed, and Domcor may sublicense all or part of its rights under this license or assign them to Domcor Affiliates or third parties, and Domcor may do any or all of the foregoing without identifying or crediting you with respect to or as author of any of your User Content. You waive all moral rights with respect to any User Content posted by, for, or about you or your business or entity. You further agree that Domcor is free to use any ideas, know-how, concepts, techniques or other materials or User Content of any kind you upload to the Website or send to us, for any purpose. Domcor has no duty or obligation, express or implied, to post, host, or otherwise include any of your User Content on any Flapjaq Website, to remove any of your User Content from any Flapjaq Website, or to return any of your User Content to you, unless Domcor, in its sole discretion so determines, even if you terminate your registration and use of the Website. You further grant to Domcor, and Domcor reserves, the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Content, including without limitation any questions, answers, comments, ratings, or listings posted or submitted by you to any Flapjaq Website, and Domcor will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this Agreement obligates or may be deemed to obligate Domcor to sell, license or offer to sell or license any advertising, promotion or distribution rights. 3.4 Your Representations and Warranties regarding User Content Posted by or for You. You represent and warrant that: (i) you own the User Content posted by or for you on or through any Flapjaq Website or otherwise have the right to grant the license set forth in Section 3.3; (ii) your posting of the User Content on or through any Flapjaq Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; (iii) your posting of the User Content is in compliance with the Code of Conduct, the Editorial Policy and the Privacy Policy for this Website, as amended by Domcor from time to time and as posted on Flapjaq.com, and in the event your User Content includes a listing in any Directory on a Flapjaq Website, that your User Content and its posting is also in compliance with the Listing & Advertising Service Agreement for such Website, (iv) the User Content posted by or for you is true and correct in every respect, and accurately and truthfully states and represents all subject matter contained in such User Content, and that any listing submitted by you to any Directory on a Flapjaq Website accurately and truthfully depicts and describes your business, its location and qualifications, (v) the User Content posted by or for you does not contain any false or misleading statement of fact and does not omit to state any material fact the statement of which is necessary in order for such User Content not to be misleading, (vi) all User Content posted by you will be accompanied by your name and accurate and current e-mail address, and shall not be submitted anonymously, and you warrant that such User Content and your accompanying registration does not and will not misrepresent your identity or affiliation with any person or entity. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Domcor through contact forms, suggestion or feedback forms on any Flapjaq Website, by e-mail, or otherwise, you acknowledge, represent and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Domcor is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Domcor shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Domcor may have something similar to the Contributions
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already under consideration or in development; (e) your Contributions automatically become the property of Domcor without any obligation of Domcor to you; (f) you are not entitled to any compensation or reimbursement of any kind from Domcor under any circumstances; and (g) your e-mail address, user name, URL and IP Address, as well as any other content, information or data you include with such Contributions will thereby be provided to Domcor, and will become Domcor’s property, subject to the license provided in Section 3.3 and the terms of this Agreement. By using any bookmark, share this, link to, or social media tool or widget on, or with respect to any content on, any Flapjaq Website, you acknowledge, represent and agree that: (x) your user name, e-mail address, URL or IP Address, or other personally identifying information (“Personal Information”) may thereby be made available to Domcor, the recipient of such content or link, or another website or service to which such tool or widget may link, (y) your Personal Information may thereby become public and/or come into the possession of third parties, and (z) you release, indemnify and hold harmless Domcor and the Domcor Affiliates from any and all Claims of any kind that may arise out of or in connection with your use of such tool or widget or any of the foregoing.
3.5 Only Lawful Use & Content, Compliant with Code of Conduct, Editorial Policy, and Privacy Policy. You will not publish, upload, submit or distribute any User Content on any Flapjaq Website in violation of this Agreement, the Code of Conduct, Editorial Policy, Privacy Policy, or Listing & Advertising Service Agreement, or which is unlawful or abusive in any way, including but not limited to User Content that is defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, rule or regulation, or the rules of any governmental or administrative agency or body, or securities exchange such as the New York Stock Exchange or NASDAQ or its successor, either intentionally or unintentionally. Domcor, in its sole and complete discretion, may modify or delete any User Content at any time, without your permission, with or without cause or reason, and without providing notice or explanation to you. 3.6 Domcor Discretion to Reject, Modify or Remove User Content. You acknowledge that Domcor reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove, in whole or in part, any User Content that is contributed to any Flapjaq Website, at any time. Without limiting the foregoing, Domcor shall have the right to remove any User Content that Domcor determines to be in violation of this Agreement (including without limitation the Code of Conduct or Editorial Policy), the Privacy Policy or the Listing & Advertising Service Agreement for the Flapjaq Websites, or to be otherwise objectionable, all as determined in Domcor’s sole and absolute discretion. Domcor may (but has no obligation to) impose or apply any such verification procedures, tests, requirements, criteria or conditions for the posting or maintaining of User Content on any Flapjaq Website, as Domcor in its sole discretion may determine, at any time, or from time to time, and Domcor may reject, modify, or remove any User Content that Domcor, in its sole discretion, finds not to satisfy or comply with any such verification procedures, tests, requirements, criteria, or conditions, at any time. 3.7 No Domcor Obligation to Monitor or Verify; No Domcor Responsibility for User Content, Supplier Content, or for products or services of persons or businesses advertising or listing on any Flapjaq Website. You acknowledge, understand and agree that Domcor has no obligation to edit, monitor, screen or verify any User Content or to investigate or verify the identity, location, background or veracity of any user, business or person identified in or posting or editing any question, answer, comment, review, rating, listing, or any ad or advertiser on any Flapjaq Website, whether such content, listing, or ad is supplied by a user, by any vendor to Domcor or by any third party, and that Domcor will not screen, monitor or have any control over any voting, rating or selection of “best answers” on any Flapjaq Website, if any. You agree that Domcor is not responsible for, and shall have no liability for, any User Content or any content, software, or Third Party Technology or Third Party Tools (each as defined in Section 21) supplied to Domcor by any third party or any other third party supplier of content, including without limitation any listings, advertisements, classifieds, job listings, questions, answers, comments, or other content or data supplied by any of the third party suppliers referenced in Section 22 or by any other third party vendor or supplier (“Third Party Supplier,” with such content, listings, advertisements, classifieds, job listings, questions, answers, comments, or other content or data, software, tools or technology provided by a Third Party Supplier being referred to as “Supplier Content”), or for the content in, or linked to from, any User Content or any Supplier Content, or for any mistakes, misclassification, mischaracterization or miscategorization of any business or listing, false or misleading statements of fact or law, defamation, slander, libel, omissions, falsehood or obscenity, infringement of intellectual property rights, or other damages, claims or liabilities of any kind contained in or arising out of any User Content or Supplier Content, or from the statements, opinions, representations or any other form of content
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contained in any User Content or Supplier Content appearing on or accessible from the Website. You acknowledge and agree that the information and opinions in User Content or any Supplier Content are neither endorsed by nor reflect the beliefs of Domcor. You acknowledge that the Flapjaq Websites may contain advertising and sponsorships as well as content supplied by Third Party Suppliers, and you agree that advertisers, sponsors, and Third Party Suppliers are solely responsible for ensuring that material submitted for use on the Website is accurate and complies with any and all applicable laws. You agree that Domcor will not be responsible, and will have no liability for or arising out of any such content or any illegality, error or inaccuracy in advertisers’, sponsors’, or Third Party Suppliers’ content or materials, or for the acts or omissions of advertisers, sponsors or Third Party Suppliers. You acknowledge and agree that all content on any Flapjaq Website, including without limitation any and all questions, answers, comments or other content, is for information only, and does not constitute legal, medical, financial or other professional advice. Domcor does not verify, and shall have no obligation to verify, and does not make and specifically disclaims any representation or warranty as to, the truth or accuracy of any User Content, Supplier Content, or other content on any Flapjaq Website, including without limitation the content contained in any question, answer, comment, rating, or listing on the Website. You acknowledge and agree that Domcor does not adopt, ratify, sanction, or endorse (i) any User Content, Supplier Content, or any other content submitted or posted on the Website by any user, Third Party Supplier, advertiser, sponsor or other third party, or (ii) any products, services, or business of any person or entity that advertises, is listed on, or posts User Content on the Website, or of any person or entity listed or referred to in any User Content, Supplier Content or any other content on the Website; and you agree that you must evaluate, and bear all risks associated with (a) your use of any of the Flapjaq Websites, including without limitation any User Content, Supplier Content, or any content whatsoever on any Flapjaq Website, (b) your reliance on the accuracy, completeness, or usefulness of any User Content, Supplier Content, or other content on any Flapjaq Website, and (c) your use of any of the services, products or businesses advertised, listed or referred to on any Flapjaq Website. 4. Indemnity and Release YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD DOMCOR, ITS MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, COUNSEL, CONTRACTORS, SERVICE PROVIDERS, CO-BRANDERS, AND OTHER PARTNERS AND ASSOCIATES (COLLECTIVELY, THE “DOMCOR AFFILIATES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEBTS, OBLIGATIONS, DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, RIGHTS, DEMANDS, COSTS OR EXPENSES, OF ANY NATURE OR KIND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ AND LEGAL FEES AND COSTS (COLLECTIVELY “CLAIMS”) MADE BY ANY PERSON OR ENTITY, INCLUDING YOU, DUE TO OR ARISING OUT OF (a) ANY USER CONTENT YOU SUBMIT, POST TO, OR TRANSMIT THROUGH ANY FLAPJAQ WEBSITE; (b) ANY SUPPLIER CONTENT, OR ANY CONTENT POSTED ON, SUBMITTED OR SUPPLIED TO, OR TRANSMITTED THROUGH ANY FLAPJAQ WEBSITE BY ANY THIRD PARTY SUPPLIER OR ANY OTHER PERSON OR ENTITY; (c) YOUR USE OF OR RELIANCE UPON ANY FLAPJAQ WEBSITE OR ANY THIRD PARTY TECHNOLOGY OR THIRD PARTY TOOLS (EACH AS DEFINED IN SECTION 21), RELIANCE ON ANY CONTENT ON ANY FLAPJAQ WEBSITE, AND/OR DEALINGS OR COMMUNICATIONS WITH DOMCOR OR ANY PERSON OR ENTITY WHOM YOU FIND OR CONTACT THROUGH, DUE TO, OR IN CONNECTION WITH YOUR USE OF ANY FLAPJAQ WEBSITE; (d) YOUR USE OF ANY PRODUCT OR SERVICE WHICH YOU FIND, ACQUIRE, OR USE THROUGH OR AS A CONSEQUENCE OF YOUR USE OF ANY FLAPJAQ WEBSITE, OR YOUR USE OF ANY OTHER WEBSITE, BUSINESS OR INFORMATION THAT YOU MAY FIND THROUGH ANY FLAPJAQ WEBSITE OR ANY LINK ON A FLAPJAQ WEBSITE; (e) USE BY ANY OTHER PERSON OR ENTITY OF ANY FLAPJAQ WEBSITE OR OF ANY USER CONTENT POSTED ON A FLAPJAQ WEBSITE BY OR FOR YOU OR UNDER YOUR USERNAME OR PASSWORD; (f) ANY USE OF YOUR USER NAME, PASSWORD(S) OR ACCOUNT BY ANY PERSON OR ENTITY, WHETHER OR NOT AUTHORIZED BY YOU; (g) ANY ACT OR OMISSION BY YOU, BY DOMCOR OR ANY OF THE DOMCOR AFFILIATES, THIRD PARTY SUPPLIERS, OR BY ANY OTHER PERSON OR ENTITY, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY FLAPJAQ WEBSITE, (h) TERMINATION OR SUSPENSION OF ANY FLAPJAQ WEBSITE, OR ANY ERROR, DOWN-TIME, OR SECURITY BREACH OF THE WEBSITE, OR ANY REJECTION OF, FAILURE OR REFUSAL OF DOMCOR TO POST, OR MODIFICATION, SUSPENSION, OR REMOVAL FROM ANY FLAPJAQ WEBSITE, IN WHOLE OR IN PART, OF ANY QUESTION, ANSWER, LISTING, AD OR OTHER USER CONTENT SUBMITTED TO OR POSTED ON SUCH WEBSITE BY OR FOR YOU, OR (i) THIS AGREEMENT OR ANY VIOLATION OR ALLEGED VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY THIRD PARTY.
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YOU FURTHER HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE DOMCOR AND EACH OF THE DOMCOR AFFILIATES FROM ANY AND ALL CLAIMS, OF ANY NATURE OR KIND THAT YOU HAVE, EVER HAVE HAD, OR EVER MAY HAVE DUE TO OR ARISING OUT OF ANY OF THE CAUSES LISTED AND ENUMERATED IN CLAUSES (a) THROUGH (i) IN THIS SECTION ABOVE, AND YOU AGREE NOT TO BRING ANY ACTION, LITIGATION OR PROCEEDING OR ASSERT ANY CLAIMS OR DEMANDS AGAINST DOMCOR OR ANY OF THE DOMCOR AFFILIATES. 5. Links to Other Websites and Search Results Any Flapjaq Website may contain links to websites operated by other parties. Domcor or Domcor’s advertisers, Third Party Suppliers, or users, including without limitation in User Content or Supplier Content, may provide these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Domcor, and Domcor is not responsible for the content on these third party sites. Such links do not imply Domcor’s endorsement of information or material on any other site and Domcor disclaims all liability with regard to your access to and use of such linked websites. A Flapjaq Website may provide search results that include User Content, Supplier Content, or other third party content, including references to third party goods or services. You acknowledge and agree that such User Content, Supplier Content or other third party content belongs to Domcor’s advertisers, users, Third Party Suppliers, or others, and that Domcor has no control over such content or the information contained therein. References to third party goods or services do not imply Domcor’s endorsement of those goods or services, and Domcor disclaims all liability with regard to your access to and use of such material, goods or services. 6. Links to a Flapjaq Website or its Content Unless otherwise set forth in a written agreement between you and Domcor, you must adhere to Domcor’s linking policy in connection with any hyperlinks to any Flapjaq Website or to any content on or part of a Flapjaq Website, which you place on any other website or electronic medium, as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the reputation of Domcor or any of the Flapjaq Websites, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization, business or entity is sponsored by, affiliated with, or associated with Domcor or any of the Flapjaq Websites or that Domcor or any of the Flapjaq Websites endorses or otherwise approves of your organization, business, product(s) or service(s), (iii) when selected by a user, the link must display the Flapjaq Website on full-screen and not within a “frame” or “new window” on the linking website, (iv) the link must comply with this Agreement and the Code of Conduct and Editorial Policy for the Flapjaq Website, and (v) Domcor reserves the right to revoke its consent to the link at any time and in its sole discretion, and you shall thereupon immediately remove all such hyperlinks. This paragraph applies to links to any page on any Flapjaq Website and/or any content available on or through any Flapjaq Website, including without limitation any Domcor or Website widget. 7. Communications and Dealings with Third Parties Your dealings or communications through any Flapjaq Website with any person or entity other than Domcor are solely between you and that third party. Under no circumstances will Domcor be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. You hereby release, indemnify and hold harmless Domcor and all Domcor Affiliates from and against any and all Claims of any nature or kind that may be asserted by you or any other person or entity arising out of your dealings or communications with any person or entity found through any Flapjaq Website or any content or link on a Flapjaq Website, including without limitation any dealings or communications you may have with any third party listed in or referred to in any job listing, classified listing, business listing, event listing, advertisement, other User Content or Supplier Content, or any other content on any Flapjaq Website. 8. No Professional Advice You acknowledge that the Flapjaq Websites and their City Advisors and their publisher, Domcor, do not provide, legal, financial, accounting, medical, real estate, or other professional advice of any kind, and no answer by any City Advisor or other content found on any Flapjaq Website may be relied upon as such. You understand and agree and that no content on any Flapjaq Website constitutes, professional advice of any kind, including without limitation any legal, financial, accounting, medical, real estate or other professional advice, and your use of any Flapjaq Website does not give rise to a professional-client relationship of any kind. You agree that you will not use any Flapjaq Website as a substitute for or supplement to advice from a qualified professional, whether they be a financial, accounting, legal, medical, real estate, or other professional. You acknowledge and agree that identification of any person as a “City Advisor” on any Flapjaq Website does not constitute a representation or warranty that such person is an expert in any field or with regard to any information or answer to a question provided by such City Advisor.
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9. Modifications to or Discontinuance of any or all of the Flapjaq Websites, in Whole or in Part Domcor reserves the right at any time and from time to time to modify, take down, or discontinue, temporarily or permanently, any or all of the Flapjaq Websites, or any portion(s) thereof, with or without notice. You agree that Domcor shall not be liable to you or to any third party for any modification, downtime, suspension, or discontinuance of any of the Flapjaq Websites or any content, listing or portion thereof, in whole or in part, and you acknowledge and agree to all of the disclaimers of warranties contained in Section 16 and to the limitations of liability in Section 17 of this Agreement. 10. Suspension and/or Termination Rights Domcor reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate this Agreement, your registration to submit questions or answers on any Flapjaq Website, any Directory listing or other program or service, and/or your ability to access any of the Flapjaq Websites. Domcor reserves the right, in its sole discretion at any time, and without notice, to remove any User Content or Supplier Content, for any reason, including without limitation any breach by you or any person of this Agreement (including the Code of Conduct, Editorial Policy, Privacy Policy, or the Listing & Advertising Service Agreement for the Flapjaq Websites, or any Ratings & Review Guidelines that may hereafter be adopted by Domcor and posted on any of the Flapjaq Websites) or any conduct by you or another person that Domcor determines in its sole and absolute discretion to be inappropriate. You agree that Domcor shall not be liable to you or any other person or entity for any such suspension, termination or removal of content, and you hereby release, indemnify and hold harmless Domcor and the Domcor Affiliates from and against any and all Claims of any kind arising in connection with such suspension, termination or removal of content. 11. Privacy Policy We believe that your privacy and the privacy of all of our users is important. Please review our Privacy Policy, for the Flapjaq Websites which is posted on Flapjaq.com. By using any of the Flapjaq Websites, you agree to all of the terms stated in our Privacy Policy. If you do not agree with our Privacy Policy, you may not use any of the Flapjaq Websites. 12. Disclosure of Personal Information and User Content Without limitation of any of the rights granted to Domcor herein, you acknowledge and agree that Domcor may preserve, use and disclose your personal information and any information you submit in registering on any Flapjaq Website (collectively, “Registration Information”), and/or any User Content in accordance with, without limitation, our Privacy Policy, Listing & Advertising Agreement, and this Terms of Use Agreement. Without limiting the foregoing, Domcor may, without notice to you, (i) disclose to and share with Domcor’s Affiliates any Registration Information or User Content, (ii) use such Registration Information or User Content to contact you regarding any User Content you have submitted to the Website, (iii) disclose any Registration Information or User Content to any of Domcor’s third party vendors, Third Party Suppliers, or service providers in connection with conducting its business and providing and maintaining the Flapjaq Websites, and (iv) disclose any Registration Information or User Content to any other persons or entities in the good faith belief that such disclosure is reasonably necessary to (a) operate the Flapjaq Websites and/or provide the services of any of the Flapjaq Websites to you and others on any of the Flapjaq Websites, (b) comply with any law, rule, regulation, court order, or legal process, (c) respond to claims that any User Content violates the rights of third-parties, (d) protect the rights, property, or personal safety of Domcor, any individual, person, or entity, or the public, (e) enforce these Terms of Use or the Listing & Advertising Service Agreement, Code of Conduct, Editorial Policy, Privacy Policy, or any other document, terms or agreement referenced or incorporated in this Agreement or posted on Flapjaq.com, or (f) protect the rights or interests of Domcor or its Affiliates. Without limiting the foregoing, you also agree that Domcor may, without notice to you, (A) report to the appropriate authorities any conduct by you or any of your customers or end users that Domcor believes violates applicable law, and (B) provide any information that it has about you or any of your customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Notwithstanding anything to the contrary herein, Domcor may further disclose, transfer, sell or assign this Agreement, all documents or agreements incorporated herein or referred to herein, and all User Content and Registration Information submitted by you, to third parties in connection with or as a result of any merger, consolidation or combination of Domcor with another entity, joint venture of Domcor with another person or entity, sale or transfer of assets, business or ownership interests of Domcor to another party, or any assignment of this Agreement and/or the other above-referenced documents or agreements, or delegation of Domcor’s duties hereunder or thereunder in whole or in part.
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13. Wireless Access You acknowledge that, depending on your wireless data plan, your wireless company may impose fees in connection with your wireless access or use of any of the Flapjaq Websites, and you agree that you are solely responsible for such fees. Similarly, by forwarding or transmitting content or links from any Flapjaq Website to a mobile device, you may cause the recipient of your message to incur SMS and/or messaging fees, and you agree that you are solely responsible for such fees. You acknowledge and understand that any posting of any question, answer, listing, ad or other User Content on any Flapjaq Website about or referring to you or your business which contains your e-mail address may result in your receiving spam and other undesired e-mails. You acknowledge and agree that neither Domcor nor any Domcor Affiliates or Third Party Suppliers are, or shall be, responsible for your receiving such spam or undesired e-mails or any costs or expenses incurred by you as a consequence thereof, and you hereby release and indemnify Domcor, the Domcor Affiliates and Domcor’s Third Party Suppliers from all Claims and liability of any kind arising out of or in connection with your receiving any such spam or undesired e-mails. 14. Lost Data; Back-Up Domcor is not responsible for any lost data or loss of User Content resulting from the operation of any of the Flapjaq Websites and/or the enforcement of this Terms of Use Agreement or any of the documents or agreements incorporated herein or referred to herein, and is not obligated to maintain back-up copies or any copies of any User Content, or to return to you any of your User Content at any time or for any reason whatsoever, and you hereby release and indemnify Domcor and the Domcor Affiliates from and against any Claims arising out of any loss of data or User Content. We recommend that you retain a copy of all User Content that you post or distribute to, or through, any Flapjaq Website. 15. Children The Flapjaq Websites are not directed toward children under 18 years of age nor does Domcor knowingly collect information from children under 18. If you are under 18, you may not register on any Flapjaq Website, nor submit any personally identifiable information to the Website. 16. Disclaimer of Warranties EACH FLAPJAQ WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND DOMCOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE OR KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DOMCOR MAKES NO WARRANTY AS TO THE ACCURACY, TRUTH, COMPLETENESS OR RELIABILITY OF ANY FLAPJAQ WEBSITE OR ANY CONTENT ON OR AVAILABLE THROUGH SUCH WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ANY AND ALL INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM ANY FLAPJAQ WEBSITE IS FREE OF COOKIES, VIRUSES OR OTHER HARMFUL CODE, AND DOMCOR MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY OF THE FOREGOING. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY FLAPJAQ WEBSITE IS AT YOUR OWN SOLE RISK. NEITHER DOMCOR NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING ANY FLAPJAQ WEBSITE, OR THE PERFORMANCE OR SECURITY OF SUCH WEBSITE. WITHOUT LIMITING THE FOREGOING, DOMCOR SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT ANY FLAPJAQ WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED, IF ANY, WILL BE SUFFICIENT, OR (E) THAT ANY FLAPJAQ WEBSITE WILL CONTINUE IN OPERATION OR EXISTENCE, IN WHOLE OR IN PART, FOR ANY PERIOD OF TIME. DOMCOR MAKES NO GUARANTEE OF ANY LEVEL OF TRAFFIC AT ANY GIVEN TIME, AND SHALL NOT BE REQUIRED TO PROVIDE USAGE STATISTICS TO USERS OR OTHERS. USER WAIVES AND RELEASES DOMCOR AND ITS AFFILIATES FROM ANY CLAIMS ARISING OUT OF OR RELATING TO ANY ALLEGED, PUBLISHED OR UNPUBLISHED USAGE STATISTICS OR VARIANCE THEREFROM WITH RESPECT TO ANY FLAPJAQ WEBSITE.
DOMCOR MAY SUSPEND, TAKE DOWN, OR STOP OFFERING ANY FLAPJAQ WEBSITE, IN WHOLE OR IN PART, AT ANY TIME, OR FROM TIME TO TIME, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY OF ANY KIND TO ANY PERSON OR ENTITY. USER RELEASES AND INDEMNIFIES DOMCOR AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS ARISING FROM ANY INTERRUPTIONS, SUSPENSIONS, MODIFICATIONS, OR DISCONTINUANCE OF ANY FLAPJAQ
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WEBSITE, IN WHOLE OR IN PART. NEITHER DOMCOR NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO ANY FLAPJAQ WEBSITE OR ANY USER ACCOUNT BY ANY PERSON, OR ANY ALTERATION, THEFT OR DESTRUCTION OF ANY USER CONTENT, WHETHER THROUGH ACCIDENT, ERROR, FRAUDULENT MEANS OR DEVICES, OR BY ANY OTHER REASON OR CAUSE. DOMCOR’S OBLIGATIONS AND PERFORMANCE UNDER THIS AGREEMENT, AND UNDER ALL DOCUMENTS, TERMS AND AGREEMENTS INCORPORATED OR REFERRED TO HEREIN, INCLUDING WITHOUT LIMITATION THE LISTING & ADVERTISING SERVICE AGREEMENT, ARE ALSO EXCUSED IN THE EVENT OF ANY EVENT OF FORCE MAJEURE, INCLUDING BUT NOT LIMITED TO WAR, TERRORISM, ACT OF GOD, EMBARGOES, DEFAULT, DELAYS, OR FAILURE TO PERFORM BY ANY THIRD PARTY SUPPLIER OR SERVICE PROVIDER, OR ANY OTHER CIRCUMSTANCES BEYOND DOMCOR’S REASONABLE CONTROL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOMCOR OR THROUGH OR FROM ANY FLAPJAQ WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE, OR THE LISTING & ADVERTISING SERVICE AGREEMENT. NEITHER DOMCOR NOR ANY OF ITS SERVICE, DATA OR CONTENT PROVIDERS OR THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, FUNCTIONALITY OR SECURITY OF ANY FLAPJAQ WEBSITE, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON. 17. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOMCOR DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. YOU AGREE THAT NEITHER DOMCOR NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF ANY FLAPJAQ WEBSITE OR THE ACCESS OR USE OF ANY FLAPJAQ WEBSITE OR USER CONTENT BY OTHERS, EVEN IF DOMCOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, DOMCOR’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE FLAPJAQ WEBSITES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO DOMCOR DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE. 18. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. 19. Governing Law and Dispute Resolution This Agreement shall be governed by and construed under the laws of the State of Florida, without regard to the choice of laws principles thereof. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. If you and Domcor are unable to resolve any controversy or claim related to this Agreement or any of the documents, terms, or agreements incorporated herein or referenced herein (each a “Dispute”), both parties agree that all such Disputes shall be decided by a court of competent jurisdiction within Broward County, Florida. You and Domcor hereby agree that the exclusive jurisdiction and venue for resolution of all Disputes shall be the state or federal courts located in Broward County Florida, and you and Domcor hereby irrevocably consent to the jurisdiction and venue of such courts and submit to the personal jurisdiction of such courts. BOTH PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. 20. Google Content Your use of certain content provided by Google Maps may be subject to other provisions and notices set forth at: http://maps.google.com/help/terms_maps.html and http://maps.google.com/help/legalnotices_maps.html. Your use of the Google Map features and the accuracy, tuning or adjustment of your location shown on the map(s) generated thereby is entirely your responsibility, and Domcor shall have no responsibility or liability of any kind therefor or in connection therewith. 21. Third Party Technology & Third Party Tools Each of the Flapjaq Websites includes, relies upon, or is created and built through the use of certain technology, software, plugins, widgets, code, data, and content provided by certain Third Party Suppliers and other third parties and/or open source software providers (collectively “Third Party Technology”). Domcor is not
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responsible for, and makes no representation or warranty or any kind, and specifically disclaims any and all warranties or any kind, whether express or implied, with respect to any of the Third Party Technology, including without limitation as to its functionality, service, capability, non-infringement, use, results, accuracy, or security. You may not directly or indirectly sell, distribute, reverse engineer or sublicense any of the Third Party Technology or any portion thereof, or use the Third Party Technology in any way other than as part of your use of a Flapjaq Website and its functions. Some or all of the Third Party Technology may be copyrighted or owned by other parties, and duplication, dissemination, or use except as provided above is strictly prohibited. Any Domcor or other trademark or trade name used or associated with the Third Party Technology may not be used in any way except with the express prior written consent of Domcor. In the event that any traffic reports, statistics, bookmarks, share this, or other social media tools, contact forms, search functions, or other tools, technology, reports or data based on the Third Party Technology (collectively, “Third Party Tools”) are provided on or through any Flapjaq Website, Domcor does not guarantee, and is not responsible for, the functionality, accuracy, correctness, completeness, or security of any such Third Party Tools, and specifically disclaims any warranties of any kind with respect thereto. You hereby release, indemnify and hold harmless Domcor and the Domcor Affiliates from any and all Claims of any kind arising out of or in connection with any Third Party Technology or Third Party Tools or your use thereof. 22. Other Content Each Flapjaq Website may include Supplier Content (as defined in Section 3.7) provided by Third Party Suppliers, and all such Supplier Content is for informational purposes only, and is subject to all of the provisions of these Terms of Use, including without limitation Sections 3.7, 4, 5, 7, 10, 16, and 17 hereof. Such Supplier Content may also be subject to the respective Terms of Use and Privacy Policy of such Third Party Suppliers. 23. Miscellaneous If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or this Agreement. Domcor’s failure to act with respect to any failure by you or others to comply with any terms of this Agreement does not waive Domcor’s right to act with respect to subsequent or similar failures. This Agreement (including the Code of Conduct, Editorial Policy, Privacy Policy, any Ratings & Reviews Guidelines which Domcor may adopt for the Website, and all other documents terms and instructions which Domcor, in its discretion may at any time post on any Flapjaq Website or specifically incorporate herein by reference), together with the Listing & Advertising Service Agreement, set forth the entire understanding and agreement between you and Domcor with respect to the subject matter hereof and thereof; provided, however, that this Agreement and such other agreements and documents incorporated herein by reference shall be read in conjunction with any other agreement(s) entered into by you with Domcor. Any cause of action or Claim with respect to this (i) Agreement; (ii) the Privacy Policy; the Listing & Advertising Service Agreement; any other document, agreement or terms referenced in or incorporated herein by reference; or (iii) any Flapjaq Website, which you may allege you have and have not waived or released herein, must be commenced within six (6) months after the Claim or cause of action arises or such Claim or cause of action shall be barred. Data and information relating to securities or to companies with traded securities is provided for informational purposes only, and is not intended for trading purposes, and may not be relied upon in connection with the purchase or sale or any security. Please direct any questions you may have about this Agreement, or any other legal matters, to the following e-mail address: Support@Flapjaq.com V2