Usage Terms and Conditions
Welcome to abracadabrahospitalityservices.com, services operated by Abracadabra Concierge & Hospitality, INC.
This agreement (the “User Agreement”) between abracadabrahospitalityservices.com and you governs your use of the abracadabrahospitalityservices.com services, including without limitation the abracadabrahospitalityservices.com websites (collectively, the “Services”), and sets forth the terms and conditions under which you may use the Services.
BY USING THESE SERVICES OR BY REGISTERING AS A USER YOU SIGNIFY YOUR AGREEMENT TO AND UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS, JUST AS IF YOU HAD SIGNED THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, PLEASE DO NOT USE THESE SERVICES AND DO NOT REGISTER AS A USER.
* Use of Materials
Any ads or messages that you post, transmit, or otherwise make available for viewing on public areas of the Services will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by the Services or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant the Services (and our licensors, partners, or affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
* Fair Housing
1) All real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of (18), and handicap (disability). The Services will not knowingly accept any real estate advertising which is in violation of any applicable law. However, the Services and abracadabrahospitalityservices.com make no representation that any information or listing complies with such laws or is lawful or accurate in any way whatsoever. Users are hereby informed that all dwellings advertised on the Services should be available on an equal opportunity basis. You agree and understand that abracadabrahospitalityservices.com is not providing any of the information contained on the Services and is not a publisher or speaker of any of the information provided thereon.
2) You acknowledge and agree that you will not submit or post any ad which discriminates based on race, color, national origin, religion, sex, sexual orientation, familial status and /or handicap/disability. If you see any ad or posting which discriminates based on any of the above factors, you are encouraged, to contacting with us. You understand that we shall have the right, but not the obligation, to remove, edit or delete any ad.
* Copyright and Trademarks
All materials on the Services, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Services or owned by other parties who have posted on the Services. Materials from the Services and from any other web site owned, operated, controlled, or licensed by the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
In posting content on the Services, you grant the Services, and their owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.
* Fraudulent Postings
abracadabrahospitalityservices.com will make a reasonable effort to protect its users against fraud or misrepresentation; however, abracadabrahospitalityservices.com can not and will not ensure the authenticity of any posting. USERS of the Services are strongly encouraged to verify any information contained on the Services through their own means. abracadabrahospitalityservices.com is not responsible for the actions of anyone using this Website. REMEMBER, NEVER SEND MONEY TO AN UNKNOWN THIRD PARTY.
* ADVERTISERS
Limitation of Liability to Businesses who post on site
1) Availability of Web Site:
abracadabrahospitalityservices.com shall use its best efforts to ensure that its web site shall be accessible to third parties via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week. In the event that the web site is not accessible due to any interruption less than 24 hours in duration, abracadabrahospitalityservices.com shall not be liable for any damages, expenses, set-offs, or other claims asserted by Client providing business listing (“Client”) that relate in any way to or arise from such interruption. For any interruptions lasting longer than 24 hours, Client’s sole and exclusive remedy and Digital Coordinate’s sole and exclusive liability shall be expressly limited and shall not exceed an amount equal to a pro-rata share of the services fee per year (IF ANY) and payable only in the form of a credit toward Client’s next-due payment.
2) Website Content a. Permissible Content:
Client shall provide all client information to be included on the abracadabrahospitalityservices.com website. All information provided by Client shall not contain any content or materials which are obscene, threatening, malicious, which infringe on or violate any applicable law or regulation or any proprietary, contract, moral, privacy or other third-party right, or which otherwise exposes abracadabrahospitalityservices.com to civil or criminal liability.
3)Client assumes sole responsibility for:
(a) Acquiring any authorizations) necessary for hypertext links to third-party websites; and the accuracy of materials provided to abracadabrahospitalityservices.com, including, without limitation, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted; and ensuring that all information provided by client does not infringe or violate any right of any third party; and ensuring that all information provided by client does not otherwise contain any content or materials that are obscene, threatening, malicious, which infringe on or violate any applicable law or regulation or any proprietary, contract, moral, privacy or other third-party right, or which otherwise exposes abracadabrahospitalityservices.com to civil or criminal liability.
(b)Remedies and responsibilities for impermissible content: Notwithstanding client’s sole responsibility to provide information as is set forth in the paragraph immediately above, abracadabrahospitalityservices.com reserves the right, in its sole discretion, to exclude or remove from the website any hypertext links to third-party websites, any information provided by client on the website, or other content not supplied by abracadabrahospitalityservices.com which, in Abracadabra Concierge & Hospitality, INC. sole reasonable discretion, does not comply with the description of permissible content set forth in the paragraph immediately above, provided that such right shall not place an obligation on abracadabrahospitalityservices.com to monitor or exert editorial control over the website.
* Dispute Resolution
Any dispute arising out of or related in any manner to this User Agreement or the Services may be settled exclusively by private binding arbitration at the sole decision of abracadabrahospitalityservices.com, to be held in Santa Rosa Beach, Florida, and to be conducted in accordance with the terms and conditions of this arbitration section as supplemented by the Commercial Arbitration rules of the American Arbitration Association. At least one arbitrator shall be an attorney in good standing in any jurisdiction within the United States. The decision of the arbitration panel shall be in writing and shall describe in detail the legal reasoning adopted by the panel in support of the decision. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of Florida and shall not use equitable or other principles which would permit the panel to ignore this User Agreement, including but not limited to all dollar amounts and other limitations, or the law. Judgment on the award rendered by the arbitration panel may be entered in any court having competent jurisdiction. The arbitration panel's decision shall be final and binding on the parties; provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Each party to the arbitration shall be responsible for its own costs and expenses including attorneys' fees, with any costs and expenses not specifically attributable to one party being shared equally. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services must be filed within one (1) year after such claim or cause of action accrues, or be forever barred. There shall be no right or authority for any claim arising under this User Agreement or otherwise arising out of the Services to be arbitrated on a class-action basis or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other USERS, or other persons similarly situated. Claims brought by or against one USER may not be joined or consolidated in the arbitration with claims brought by or against any other USER, unless otherwise agreed to in writing by all parties including abracadabrahospitalityservices.com. This arbitration section shall survive termination of the Services or your participation in it. If any portion of this arbitration section is deemed invalid or unenforceable under any law or statute, it shall not invalidate the remaining portions of this arbitration section, these User Agreement, or any other agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
* Third-Party Links
In an attempt to provide increased value to our visitors, abracadabrahospitalityservices.com may provide via the Web Site, links to other World Wide Web sites or resources and/or advertisements or other such promotional materials for may link to sites operated by third parties who have paid for such advertising/promotional placement. However, even if the third party is affiliated with abracadabrahospitalityservices.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of abracadabrahospitalityservices.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, abracadabrahospitalityservices.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
User acknowledges and agrees that abracadabrahospitalityservices.com is not responsible for and in no way guarantees or endorses:
1) the availability of linked-to sites or resources;
2) the accuracy or completeness of any content available at or through the linked-to sites;
3) the goods or services offered by Web Site advertisers.
* No Third Party Beneficiaries
You agree that, except as otherwise provided in this Terms of Use, there shall be no third party beneficiaries to these Terms.
* Termination of Access
The Services have the right terminate or limit your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Services liable for such termination or limitation, and further agree not to attempt to use the Services after termination.
* General Legal Terms:
1) abracadabrahospitalityservices.com is not involved in any transaction between any party who uses our site. There are risks which you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. We are a venue only and do not screen or censor or otherwise control the listings offered or featured on this website, nor does abracadabrahospitalityservices.com screen or censor or otherwise control the users of its service. abracadabrahospitalityservices.com cannot and does not control the behavior of the participants on this site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE! abracadabrahospitalityservices.com does not assume responsibility for the content or context of the user comment areas and will not remove or edit postings to the public comments areas once they are entered into the service, except to expire records or at our sole discretion.
2) The headings of this User Agreement are for convenience only and will not be used in the construction or interpretation of the User Agreement.
3) This Agreement shall be governed by and in accordance with the laws of the State of Florida. In the event that a dispute arises as to enforcement, interpretation or implementation of this Agreement, the parties herein consent to personal jurisdiction in the State of Florida and venue in either Walton County or the United States District Court for the District of Florida.
4) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
5) The Terms constitute the whole legal agreement between you and "US" and govern your use of the Services (but excluding any services which abracadabrahospitalityservices.com may provide to you under a separate written agreement), and completely replace any prior agreements between you and abracadabrahospitalityservices.com in relation to the Services.
6) You agree that if abracadabrahospitalityservices.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which abracadabrahospitalityservices.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of abracadabrahospitalityservices.com’s rights and that those rights or remedies will still be available to abracadabrahospitalityservices.com.
7) If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
8) You acknowledge and agree that each member of the group of companies of which abracadabrahospitalityservices.com is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
9) No provision of this Agreement may be waived, except by a written waiver signed by both parties.
10) In the event that one or more of the provisions or portions of the provisions of the herein Agreement is declared invalid, void, illegal or unenforceable, in any respect, the validity, legality and enforce ability of the remaining provisions or portions of the provisions contained herein shall remain effective and binding and shall not be affected or impaired thereby.
11) This Agreement shall be binding upon all parties hereto, as well as their agents, servants, successors, assignees, licensees and transferees.
12) This Agreement, including any documents referenced herein and any additional operating rules as posted on the Website represents the entire understanding between you and abracadabrahospitalityservices.com regarding your relationship with abracadabrahospitalityservices.com and your use of the Services. This Agreement supersedes all previous written or oral agreements between you and abracadabrahospitalityservices.com with respect to such subject matter.
13) Please help us keep the abracadabrahospitalityservices.com site an enjoyable and productive experience for all users, if you observe material or behavior that may violate one of the abracadabrahospitalityservices.com terms of participation, please contact abracadabrahospitalityservices.com at the Contact Us Section.
This agreement (the “User Agreement”) between abracadabrahospitalityservices.com and you governs your use of the abracadabrahospitalityservices.com services, including without limitation the abracadabrahospitalityservices.com websites (collectively, the “Services”), and sets forth the terms and conditions under which you may use the Services.
BY USING THESE SERVICES OR BY REGISTERING AS A USER YOU SIGNIFY YOUR AGREEMENT TO AND UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS, JUST AS IF YOU HAD SIGNED THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, PLEASE DO NOT USE THESE SERVICES AND DO NOT REGISTER AS A USER.
- YOUR OBLIGATIONS
In consideration of your use of the Services, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Services' registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete abracadabrahospitalityservices.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. abracadabrahospitalityservices.com has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
* Overview
Please check this User Agreement periodically for changes as abracadabrahospitalityservices.com reserves the right to revise this User Agreement at any time without prior notice to you. Your use of the Services following the posting of any change to this User Agreement constitutes acceptance of such change. abracadabrahospitalityservices.com reserves the right to terminate your use of the Services at anytime, for any reason, and without notice.
Upon your agreement to this User Agreement, abracadabrahospitalityservices.com grants you a non-exclusive, non-transferable, limited license to use the Services in accordance with the terms and conditions in this User Agreement and other notices and instructions accessible from www.abracadabrahospitalityservices.com website. You agree not to make any false or fraudulent statements or misrepresentations in your use of or to gain access to the Services. You acknowledge and agree that all images, ideas, intellectual property, data, information, designs and services available through the Services are the property of 30agetaway.com and its advertisers or licensor,s, and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and intellectual property rights and laws, in the U.S. and internationally. All rights not expressly granted herein are reserved by abracadabrahospitalityservices.com, or its advertisers or licensor,s.
Except as may be explicitly permitted through use, you shall not download, cut and paste, sell, license, rent, lease, modify, “scrape,” borrow, distribute, sell, reproduce, transmit, publicly perform, publish, adapt, edit or create derivative works from concepts, code or content of the Services. Systematic retrieval of data or other content from the Services to create or reproduce directly or indirectly, intellectual, application, database or directory information or contents without written permission from 30agetaway.com is prohibited. In addition to the above, any use of content or materials developed by abracadabrahospitalityservices.com and/or its advertisers or licensor,s for any purpose not expressly permitted in this User Agreement is prohibited.
- Without limitation, you agree to refrain from the following actions in connection with using the Services
1) Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity, misrepresenting any information, fact, or property, or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Services;
2) Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, fraudulent, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
3) Posting advertising or solicitation in a category that is not appropriate, accurate, truthful, or posting the same ad in multiple cities on the Services;
4) Posting any ad for products or services, use or sale of which is prohibited by any law or regulation;
5) Sending mail, e-mail, voice messages or faxes for solicitation of any other product, or Services to a user of the Site unless the user has granted such permission in his/her ad or otherwise allowed contact for solicitation;
6) Deleting or revising any material posted by any other user;
7) Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
8) Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Services unless expressly permitted by the Services;
9) Taking any action creating a disproportionately large usage load on the Services unless expressly permitted by the Services:
10) Sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
11) Gaining or attempting to gain unauthorized access to non-public areas of the Services. In addition, if you have a password to a non-public area of the Services, you may not disclose to, or share your password with, any third parties and/or use your password for unauthorized purposes;
12) Attempting to decipher, de compile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Services; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Services, their content or information available from the Services without the express written consent of agents of the Services;
13) Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or referring to such matters in any manner prohibited by law;
14) Using the Services to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.
15) Posting free ads promoting links to commercial services or web sites except in areas of the Services where such ads are expressly permitted; Please report any violations of these Terms to: [email protected]
* Use of Materials
Any ads or messages that you post, transmit, or otherwise make available for viewing on public areas of the Services will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by the Services or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant the Services (and our licensors, partners, or affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
* Fair Housing
1) All real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of (18), and handicap (disability). The Services will not knowingly accept any real estate advertising which is in violation of any applicable law. However, the Services and abracadabrahospitalityservices.com make no representation that any information or listing complies with such laws or is lawful or accurate in any way whatsoever. Users are hereby informed that all dwellings advertised on the Services should be available on an equal opportunity basis. You agree and understand that abracadabrahospitalityservices.com is not providing any of the information contained on the Services and is not a publisher or speaker of any of the information provided thereon.
2) You acknowledge and agree that you will not submit or post any ad which discriminates based on race, color, national origin, religion, sex, sexual orientation, familial status and /or handicap/disability. If you see any ad or posting which discriminates based on any of the above factors, you are encouraged, to contacting with us. You understand that we shall have the right, but not the obligation, to remove, edit or delete any ad.
* Copyright and Trademarks
All materials on the Services, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Services or owned by other parties who have posted on the Services. Materials from the Services and from any other web site owned, operated, controlled, or licensed by the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
In posting content on the Services, you grant the Services, and their owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.
* Fraudulent Postings
abracadabrahospitalityservices.com will make a reasonable effort to protect its users against fraud or misrepresentation; however, abracadabrahospitalityservices.com can not and will not ensure the authenticity of any posting. USERS of the Services are strongly encouraged to verify any information contained on the Services through their own means. abracadabrahospitalityservices.com is not responsible for the actions of anyone using this Website. REMEMBER, NEVER SEND MONEY TO AN UNKNOWN THIRD PARTY.
* ADVERTISERS
Limitation of Liability to Businesses who post on site
1) Availability of Web Site:
abracadabrahospitalityservices.com shall use its best efforts to ensure that its web site shall be accessible to third parties via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week. In the event that the web site is not accessible due to any interruption less than 24 hours in duration, abracadabrahospitalityservices.com shall not be liable for any damages, expenses, set-offs, or other claims asserted by Client providing business listing (“Client”) that relate in any way to or arise from such interruption. For any interruptions lasting longer than 24 hours, Client’s sole and exclusive remedy and Digital Coordinate’s sole and exclusive liability shall be expressly limited and shall not exceed an amount equal to a pro-rata share of the services fee per year (IF ANY) and payable only in the form of a credit toward Client’s next-due payment.
2) Website Content a. Permissible Content:
Client shall provide all client information to be included on the abracadabrahospitalityservices.com website. All information provided by Client shall not contain any content or materials which are obscene, threatening, malicious, which infringe on or violate any applicable law or regulation or any proprietary, contract, moral, privacy or other third-party right, or which otherwise exposes abracadabrahospitalityservices.com to civil or criminal liability.
3)Client assumes sole responsibility for:
(a) Acquiring any authorizations) necessary for hypertext links to third-party websites; and the accuracy of materials provided to abracadabrahospitalityservices.com, including, without limitation, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted; and ensuring that all information provided by client does not infringe or violate any right of any third party; and ensuring that all information provided by client does not otherwise contain any content or materials that are obscene, threatening, malicious, which infringe on or violate any applicable law or regulation or any proprietary, contract, moral, privacy or other third-party right, or which otherwise exposes abracadabrahospitalityservices.com to civil or criminal liability.
(b)Remedies and responsibilities for impermissible content: Notwithstanding client’s sole responsibility to provide information as is set forth in the paragraph immediately above, abracadabrahospitalityservices.com reserves the right, in its sole discretion, to exclude or remove from the website any hypertext links to third-party websites, any information provided by client on the website, or other content not supplied by abracadabrahospitalityservices.com which, in Abracadabra Concierge & Hospitality, INC. sole reasonable discretion, does not comply with the description of permissible content set forth in the paragraph immediately above, provided that such right shall not place an obligation on abracadabrahospitalityservices.com to monitor or exert editorial control over the website.
* Dispute Resolution
Any dispute arising out of or related in any manner to this User Agreement or the Services may be settled exclusively by private binding arbitration at the sole decision of abracadabrahospitalityservices.com, to be held in Santa Rosa Beach, Florida, and to be conducted in accordance with the terms and conditions of this arbitration section as supplemented by the Commercial Arbitration rules of the American Arbitration Association. At least one arbitrator shall be an attorney in good standing in any jurisdiction within the United States. The decision of the arbitration panel shall be in writing and shall describe in detail the legal reasoning adopted by the panel in support of the decision. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of Florida and shall not use equitable or other principles which would permit the panel to ignore this User Agreement, including but not limited to all dollar amounts and other limitations, or the law. Judgment on the award rendered by the arbitration panel may be entered in any court having competent jurisdiction. The arbitration panel's decision shall be final and binding on the parties; provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Each party to the arbitration shall be responsible for its own costs and expenses including attorneys' fees, with any costs and expenses not specifically attributable to one party being shared equally. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services must be filed within one (1) year after such claim or cause of action accrues, or be forever barred. There shall be no right or authority for any claim arising under this User Agreement or otherwise arising out of the Services to be arbitrated on a class-action basis or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other USERS, or other persons similarly situated. Claims brought by or against one USER may not be joined or consolidated in the arbitration with claims brought by or against any other USER, unless otherwise agreed to in writing by all parties including abracadabrahospitalityservices.com. This arbitration section shall survive termination of the Services or your participation in it. If any portion of this arbitration section is deemed invalid or unenforceable under any law or statute, it shall not invalidate the remaining portions of this arbitration section, these User Agreement, or any other agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
* Third-Party Links
In an attempt to provide increased value to our visitors, abracadabrahospitalityservices.com may provide via the Web Site, links to other World Wide Web sites or resources and/or advertisements or other such promotional materials for may link to sites operated by third parties who have paid for such advertising/promotional placement. However, even if the third party is affiliated with abracadabrahospitalityservices.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of abracadabrahospitalityservices.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, abracadabrahospitalityservices.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
User acknowledges and agrees that abracadabrahospitalityservices.com is not responsible for and in no way guarantees or endorses:
1) the availability of linked-to sites or resources;
2) the accuracy or completeness of any content available at or through the linked-to sites;
3) the goods or services offered by Web Site advertisers.
* No Third Party Beneficiaries
You agree that, except as otherwise provided in this Terms of Use, there shall be no third party beneficiaries to these Terms.
* Termination of Access
The Services have the right terminate or limit your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Services liable for such termination or limitation, and further agree not to attempt to use the Services after termination.
* General Legal Terms:
1) abracadabrahospitalityservices.com is not involved in any transaction between any party who uses our site. There are risks which you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. We are a venue only and do not screen or censor or otherwise control the listings offered or featured on this website, nor does abracadabrahospitalityservices.com screen or censor or otherwise control the users of its service. abracadabrahospitalityservices.com cannot and does not control the behavior of the participants on this site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE! abracadabrahospitalityservices.com does not assume responsibility for the content or context of the user comment areas and will not remove or edit postings to the public comments areas once they are entered into the service, except to expire records or at our sole discretion.
2) The headings of this User Agreement are for convenience only and will not be used in the construction or interpretation of the User Agreement.
3) This Agreement shall be governed by and in accordance with the laws of the State of Florida. In the event that a dispute arises as to enforcement, interpretation or implementation of this Agreement, the parties herein consent to personal jurisdiction in the State of Florida and venue in either Walton County or the United States District Court for the District of Florida.
4) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
5) The Terms constitute the whole legal agreement between you and "US" and govern your use of the Services (but excluding any services which abracadabrahospitalityservices.com may provide to you under a separate written agreement), and completely replace any prior agreements between you and abracadabrahospitalityservices.com in relation to the Services.
6) You agree that if abracadabrahospitalityservices.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which abracadabrahospitalityservices.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of abracadabrahospitalityservices.com’s rights and that those rights or remedies will still be available to abracadabrahospitalityservices.com.
7) If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
8) You acknowledge and agree that each member of the group of companies of which abracadabrahospitalityservices.com is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
9) No provision of this Agreement may be waived, except by a written waiver signed by both parties.
10) In the event that one or more of the provisions or portions of the provisions of the herein Agreement is declared invalid, void, illegal or unenforceable, in any respect, the validity, legality and enforce ability of the remaining provisions or portions of the provisions contained herein shall remain effective and binding and shall not be affected or impaired thereby.
11) This Agreement shall be binding upon all parties hereto, as well as their agents, servants, successors, assignees, licensees and transferees.
12) This Agreement, including any documents referenced herein and any additional operating rules as posted on the Website represents the entire understanding between you and abracadabrahospitalityservices.com regarding your relationship with abracadabrahospitalityservices.com and your use of the Services. This Agreement supersedes all previous written or oral agreements between you and abracadabrahospitalityservices.com with respect to such subject matter.
13) Please help us keep the abracadabrahospitalityservices.com site an enjoyable and productive experience for all users, if you observe material or behavior that may violate one of the abracadabrahospitalityservices.com terms of participation, please contact abracadabrahospitalityservices.com at the Contact Us Section.
