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Terms of Use

End-User License for Sinkhole.com

All use of Sinkhole.com's Internet web pages is subject to the terms and conditions set forth below. Any use of such web pages constitutes the user's agreement to abide by the following terms and conditions.

All information provided by Marshall Thomas, P.L. (MTB) and its affiliates is owned by or licensed to MTB and its affiliates ("MTB Information"). MTB and its licensors retain all proprietary rights to the MTB Information. MTB has the right to use all material entered into these Web pages (other than third-party material transmitted through private electronic mail) in any of MTB's print or electronic publications. Except for making one hard copy print of limited portions of the MTB Information on an ad hoc basis, or downloading as expressly authorized by MTB, Marshall Thomas, P.L.'s Information may not be reproduced, transmitted or distributed without MTB's permission.

MTB makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using the Sinkhole.com website or the MTB Information. Neither MTB nor its affiliates shall be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in Sinkhole.com information or for any damages resulting there from.

Users entering materials on any of these Web pages are responsible for the content of that material. MTB has no responsibility for the content of any messages or information posted by visitors/users, or for the content of information of third parties on the Internet, even if accessed through Sinkhole.com's web pages. However, MTB retains the right, which it may or may not exercise, in its sole discretion, to review third party material and to edit or delete from the service any third party material which MTB deems to be illegal, offensive or otherwise inappropriate.

Users may through hypertext or other computer "links" gain access to other web sites on the Internet which are not part of Sinkhole.com or other MTB Web pages. MTB assumes no responsibility for any material outside of MTB's Web pages which may be accessed through any such "link."

The user agrees to indemnify MTB from any damages, losses, costs or expenses which MTB, its affiliates, their respective employees and authorized representatives may incur as a result of material entered into these Web pages by the user.

In addition, user may not:

  • use these Web pages for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
  • use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of these Web pages, any data or content found on or accessed through these Web pages, or any other MTB Information without the prior express written consent of MTB Law Group;
  • obtain or attempt to obtain through any means any materials or information on these Web pages that have not been intentionally made publicly available either by their public display on these Web pages or through their accessibility by a visible link on these Web pages;
  • violate any measure employed to limit or prevent access to these Web pages or their content;
  • violate the security of these Web pages or attempt to gain unauthorized access to these Web Pages, data, materials, information, computer systems or networks connected to any server of these Web Pages, through hacking, password mining or any other means;
  • interfere or attempt to interfere with the proper working of these Web pages or any activities conducted on or through these Web pages, including accessing any data, content or other information prior to the time that it is intended to be available to the public on these Web pages;
  • take or attempt any action that, in the sole discretion of MTB, imposes or may impose an unreasonable or disproportionately large load or burden on these Web pages or the infrastructure of these Web pages.

COPYRIGHT
Except for material in the public domain under United States copyright law, all material contained on the Sinkhole.com Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Sinkhole.com web site without the prior consent of MTB, the copyright owner. Violation of this provision may result in severe civil and criminal penalties. You may make single copies of materials displayed on the Sinkhole.com Web site for your own personal and noncommercial use only, provided any copies include all copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from MTB or the copyright owner of the copied material. All requests to reproduce materials on the Sinkhole.com Web site for distribution or other purposes should be made via our contact form .

TRADEMARKS
Sinkhole.com is a trademark of MTB and is protected by state and federal trademark laws. Other trademarks appear on the Sinkhole.com Web site with permission from their respective owners. Your unauthorized use of trademarks appearing on this Web site may constitute trademark infringement, which could subject you to substantial civil penalties. MTB does not monitor user-submitted materials for copyright or trademark infringement.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF WEB SITES ON THIS SERVER IS AT YOUR SOLE RISK. THE Sinkhole.com WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MTB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • MTB MAKES NO WARRANTY THAT (i) THE Sinkhole.com WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE Sinkhole.com WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Sinkhole.com WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Sinkhole.com WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS ON THE Sinkhole.com WEB SITE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Sinkhole.com WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MTB OR THROUGH OR FROM THE Sinkhole.com WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES.
  • NEITHER MTB NOR ITS EMPLOYEES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE WEB SITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. NO AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING THE WEB SITE ON BEHALF OF MTB.

LIMITATION OF LIABILITY

  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT MTB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MTB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Sinkhole.com WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Sinkhole.com WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Sinkhole.com WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE Sinkhole.com WEB SITE.
  • UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MTB OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE Sinkhole.com WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OR ABUSE OF THE Sinkhole.com WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • MTB, AND ITS MEMBERS, OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES, SUBSIDIARIES, CO-BRANDERS OR OTHER PARTNERS AND EMPLOYEES (COLLECTIVELY, "THE PUBLISHER") SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE Sinkhole.com SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY THE PUBLISHER OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
  • SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PUBLISHER'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE U.S. DOLLAR ($1).

INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MTB, AND ITS MEMBERS, OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES SUBSIDIARIES, CO-BRANDERS OR OTHER PARTNERS AND EMPLOYEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THESE TERMS OF SERVICE OR THE FOREGOING REPRESENTATIONS, WARRANTIES AND COVENANTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. MTB RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. YOU SHALL NOT ENTER INTO ANY SETTLEMENT AGREEMENT THAT AFFECTS THE RIGHTS OF MTB, AND ITS MEMBERS, OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES, SUBSIDIARIES, CO-BRANDERS OR OTHER PARTNERS AND EMPLOYEES (COLLECTIVELY, "THE PUBLISHER") WITHOUT THE PUBLISHER'S PRIOR WRITTEN APPROVAL.

GENERAL
The Sinkhole.com Web site is owned and operated by Marshall Thomas, P.L., a Florida corporation, headquartered in Pasco County, Florida USA.

These Terms and Conditions constitute the entire agreement and understanding between you and MTB with respect to use of the Sinkhole.com web site, superseding all prior or contemporaneous communications and/or proposals. MTB reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by MTB. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Sinkhole.com Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any action to enforce this agreement shall be brought in Hillsborough County Florida.

If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. MTB may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of MTB or (iii) in connection with the sale of the Sinkhole.com Web site or the business unit associated with same.