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TERMS OF USE
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions,
by visiting, browsing, accessing or otherwise using the site. These
terms and conditions are subject to change without prior notice at any
time, at Brave Cargo's sole discretion. By visiting, browsing, accessing
or otherwise using the site after a change has been posted to it, the
visitor accepts that change. Visitors should check this User Agreement
and the Privacy Pledge frequently. All information is current at the
time of publication and is subject to change without notice.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a
legal contract between you and Brave Cargo. References to "you" or
"your" shall relate to any party that visits, browses, accesses or
otherwise uses the site (the "Visitor"). References to "Brave Cargo"
shall relate to Brave Cargo and its affiliates. By visiting, browsing,
accessing or otherwise using this site ("site"), you acknowledge that
you have read, understood, and agree to be bound by this User Agreement
and comply with all applicable laws and regulations. If you do not agree
to this User Agreement, as it may be changed by Brave Cargo from time to
time, do not use this site. The material provided on this site is
protected by law, including, but not limited to, United States copyright
law and international treaties. This site is controlled and operated by
Brave Cargo from its offices within the United States. Brave Cargo makes
no representation that materials in the site are appropriate or
available for use in other locations, and access to them from
territories where their contents are illegal is not authorized. Those
who choose to access this site from other locations do so on their own
initiative and are responsible for compliance with applicable local
laws.
Any claim relating to, and the use of, this site and the materials
contained herein is governed by the laws of the state of Florida without
regard to conflict of law rules. You consent to jurisdiction of the
federal and state courts located in Lee County, Florida to hear any such
claims.
Access, Interference and Linking
Brave Cargo grants you a limited license to access and make personal use
of the site and not to download (other than page caching) or modify it,
or any portion of it, except as provided below under "Use Restrictions,"
or with express written consent of Brave Cargo.
The following activity on the site is expressly prohibited: Any
non-personal or commercial use of any robot, spider, other automatic
device, or manual process to monitor or copy portions of the site or the
content contained herein without prior written permission by Brave
Cargo; collection or use of any information from the site for the
benefit of another entity offering services comparable to those offered
on the site; and any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the site, or otherwise
interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Brave Cargo.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the site so long as the link does not
portray Brave Cargo, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may
not use any Brave Cargo logo or other proprietary graphic or trademark
as part of the link without express written permission.
Brave Cargo does not review or control third-party sites that link to or
from the site, and is not responsible for the contents of any
third-party sites linked to or from the site.
Use Restrictions
The copyright in all material provided on this site is held by
Brave Cargo or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or
by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written
permission of Brave Cargo or the copyright owner. Permission is granted
to display, copy, distribute and download the materials on this site for
personal, non-commercial use only, provided you do not modify the
materials and that you retain all copyright and other proprietary
notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon
termination, you must immediately destroy any downloaded or printed
materials. You also may not, without Brave Cargo's prior written
permission, "mirror" any material contained on this site on any other
server. Any unauthorized use of any material contained on this site may
violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their
respective owners. Photographs courtesy of site contributors or
otherwise created by Brave Cargo. Brave Cargo and its logo are
registered trademarks of Brave Cargo. Copyright © 2006 Brave Cargo.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
BRAVE CARGO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR
PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS
ON THIS SITE, EVEN IF BRAVE CARGO OR A BRAVE CARGO AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF
YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
Arbitration
By accessing the site and using the information therein available and/or
by purchasing any products or services made available through this site,
you agree with Brave Cargo, its service providers, agents, employees,
successors, assigns, affiliates, parents, subsidiaries and any content
provider or offeror of goods or services on this site or through any
other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER
AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF
THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS
OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION
AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the
"Code") in effect at the time the claim is filed. The code can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this User Agreement, this arbitration agreement is
subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) or as codified
in the jurisdiction where enforcement of the award is sought). Hearings
shall be held as provided by the Code and if any In-person Hearing is
required, it shall be held in Fort Myers, FL. Each party shall bear its
own cost of any legal representation, discovery, or research required to
complete arbitration.
Account and Password
In the event that we issue you a password to access restricted areas of
this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur
under your account or password. If you are under 18, you may use the
site only with a parent or guardian. Brave Cargo reserves the right to
refuse service, terminate accounts, remove or edit content, or cancel
requests in its sole discretion.
Communications to Brave Cargo
Any communication or material you transmit to the site by electronic
mail or otherwise, including any data, questions, comments, suggestions,
or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by Brave
Cargo for any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, and posting.
Furthermore, Brave Cargo is free to use any ideas, concepts, know-how,
or techniques contained in any communication you send to Brave Cargo or
the site for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products using such information.
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User
Agreement, please do not visit, browse, shop, access or otherwise use
this site.
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