1.AGREEMENT BETWEEN WEBSITE USER (“YOU”) AND EB5 AFFILIATE NETWORK, LLC
The EB5AFFILIATENETWORK.COM website (“EB5AFFILIATENETWORK.COM”) is owned, operated, and maintained by EB5 AFFILIATE NETWORK, LLC (“EB5AN”).
2.ACCEPTANCE OF TERMS
EB5AFFILIATENETWORK.COM is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. By using the EB5AFFILIATENETWORK.COM site and/or engaging EB5AN for the performance of any services for you, you are agreeing to all such terms and conditions. Your use of a particular section of the EB5AFFILIATENETWORK.COM site included within the EB5AFFILIATENETWORK.COM site may also be subject to additional terms as set forth in such section (“Additional Terms”). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the EB5AFFILIATENETWORK.COM site, then the terms contained herein shall control.
3.WEBSITE LICENSE AND ACCESS
EB5AN grants you a limited, non-exclusive, revocable license to access and make personal use of the EB5AFFILIATENETWORK.COM site but not to download (other than page caching) or modify it, or any portion of it, except with the prior express written consent of EB5AN. Personal use includes non-commercial use of the services provided by EB5AN as agreed upon by and between you and EB5AN but does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other Proprietary Material, as defined below, of EB5AN and/or its affiliates without express written consent of EB5AN. You may not use any meta tags or any other text utilizing EB5AN’s name, trademarks or other Proprietary Material without the express written consent of EB5AN. Any unauthorized use terminates the permission or license granted by EB5AN. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of EB5AN (WWW.EB5AFFILIATENETWORK.COM) so long as the link does not portray EB5AN, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any EB5AN logo or other proprietary graphic or trademark as part of the link without express written permission of EB5AN.
4.PROPRIETARY MATERIAL, OWNERSHIP RIGHTS, AND USE
6.NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of EB5AFFILIATENETWORK.COM site, you will not use EB5AFFILIATENETWORK.COM site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use EB5AFFILIATENETWORK.COM site in any manner which could damage, disable, overburden, or impair the EB5AFFILIATENETWORK.COM site (or the network(s) connected to the EB5AFFILIATENETWORK.COM site) or interfere with any other party’s use and enjoyment of the EB5AFFILIATENETWORK.COM site. You may not attempt to gain unauthorized access to the EB5AFFILIATENETWORK.COM site, other accounts, computer systems or networks connected to the EB5AFFILIATENETWORK.COM site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the EB5AFFILIATENETWORK.COM site. You may not utilize reverse engineering, disassembly or any other means to develop a product, database, list, process, software or business plan based on any Proprietary Material.
9.NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. Send notifications to: Samuel B. Silverman c/o EB5 Affiliate Network, LLC, 3801 PGA Boulevard, Suite 902, Palm Beach Gardens, FL 33410
10.LINKS TO THIRD PARTY SITES
11.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE EB5AFFILIATENETWORK.COM SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE EB5AFFILIATENETWORK.COM SITE AND TO THE INFORMATION THEREIN. EB5AN AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EB5AFFILIATENETWORK.COM SITE AT ANY TIME. EB5AN AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY OR TIMELINESS OF THE INFORMATION CONTAINED WITHIN THE EB5AFFILIATENETWORK.COM SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EB5AN AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT EB5AN SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED THROUGH THE EB5AFFILIATENETWORK.COM SITE. YOU SPECIFICALLY AGREE THAT EB5AN IS NOT RESPONISIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT EB5AN IS NOT RESPONISIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE EB5AFFILIATENETWORK.COM SITE BY ANY THIRD PARTY. IN NO EVENT SHALL EB5AN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR YOUR USE OF THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT CONTAINED IN SUBMISSIONS OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EB5AFFILIATENETWORK.COM SITE, WITH THE DELAY OR INABILITY TO USE THE EB5AFFILIATENETWORK.COM SITE OR RELATED SERVICES (RESULTING FROM INCREASED INTERNET TRAFFIC, TECHNOLOGICAL MALFUNCTION, OR ANY OTHER REASON), THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE EB5AFFILIATENETWORK.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EB5AN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EB5AFFILIATENETWORK.COM SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EB5AFFILIATENETWORK.COM SITE.
The validity, construction, and performance of this Agreement shall be governed by, and interpreted in accordance with the internal laws (and not the laws of conflict) of the State of Florida and of the United States of America.
14.ARBITRATION In the event any litigation is brought to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its attorney’s fees and all costs and expenses incurred before institution of the action, after institution of the action, and on appeal, including attorney’s fees and associated costs incurred for determining the actual amount of the attorney’s fees and cost award. “Cost” is defined to include, but is not limited to, long distance calls, copy charges, postage, courier service fees, overnight delivery fees, attorney’s travel expenses, all depositions, witness fees, expert witness fees, expert witness travel time, and each and every other cost associated with the litigation or effort to collect sums due hereunder, and the parties specifically agree that the award of costs is not limited to those set forth in the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions. In any such action brought to enforce or interpret the terms of this Agreement, Venue for any such action shall be in Palm Beach County, Florida. The parties hereto hereby irrevocably and unconditionally submit, for itself and its property, to the exclusive jurisdiction of and agrees that Venue shall be proper in the state, local and federal courts of Palm Beach County, Florida, and irrevocably waive, to the fullest extent permitted by law, any objection that any of them may now or hereafter have to the laying of Venue in any suit, action or proceeding arising out of or relating to this Agreement or any judgment entered by any court with respect hereof brought in Palm Beach County, Florida, and further hereby irrevocably waive any claim that any suit, action or proceeding brought in Palm Beach County, Florida has been brought in an inconvenient forum.
15.DISCLOSURE, SEVERABILITY AND SURVIVAL
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
18.ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The information provided by EB5AN along with any content on our website related to legal matters (“Legal Information”) is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.
If you need legal advice for a specific problem, you should consult with licensed attorney. Neither EB5AN nor any Legal Information provided by EB5AN is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.
Your use of the EB5AN site does not create an attorney-client relationship between you and EB5AN, or between you and any EB5AN employee or representative. Unless you are otherwise represented by an attorney you represent yourself in any legal matter you undertake through our site or through information provided through our site.
EB5AN is not a “Lawyer Referral Service”. EB5AN does not endorse or recommend any attorney nor does it make any warranty as to the qualifications or competency of any attorney.