Description of Service
TooJay’s Management, LLC is providing Member with a web site for information purposes. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.
Disclaimer of Warranties
The web site is provided by TooJay’s Management, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, TooJay’s Management, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. TooJay’s Management, LLC shall have no liability for any interruptions in the use of this web site. TooJay’s Management, LLC disclaims all warranties with regard to the information provided, including the implied warranties fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, in such cases, the above-referenced exclusion is inapplicable.
Limitation of Liability
TooJay’s Management, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TooJay’s Management, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TooJay’s Management, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold TooJay’s Management, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
TooJay’s Management, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. TooJay’s Management, LLC shall not be liable to Member or any third party should TooJay’s Management, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that TooJay’s Management, LLC does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Governing Jurisdiction of the Courts
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright © 2008 TooJay’s Management, LLC with all rights reserved. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TooJay’s Management, LLC is strictly prohibited. Member agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of TooJay’s Management, LLC is a proprietary mark of TooJay’s Management, LLC (TooJay’s Management, LLC’s trademarks may not be used in connection with any product or service that is not provided by TooJay’s Management, LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TooJay’s Management, LLC). All other trademarks displayed on TooJay’s Management, LLC’s toojays.com web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with TooJay’s Management, LLC.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, TooJay’s Management, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
TooJay’s Management, LLC
3654 Georgia Avenue
West Palm Beach, FL 33405