TERMS OF SERVICE AND ACCEPTED USE OF COMMANDING VIEW, INC.

These Terms of Service and Accepted Use (hereinafter referred to as the “Terms of Use") explain the agreement between Commanding View, Inc., a Florida corporation having its principal place of business in Clearwater, Florida (hereinafter referred to as "Commanding View”) and you. By clicking the “I AGREE” checkbox at the end of the electronic version of these Terms of Use or by using the www.linktoexpert.com Web portal (the “Web portal”), or by using any of the services provided on the Web portal, you agree to be governed by these Terms of Use and represent and warrant that you can legally be bound by these Terms of Use. These Terms of Use govern your use of the Web portal and transactions conducted through the Web portal. If you have any questions about these Terms of Use, please call us at (727) 791-7338 or contact info@linktoexpert.com.

NOW, THEREFORE, in consideration of the mutual covenants and agreements of Commanding View, Inc. and you contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Commanding View and you, intending to be bound, hereby agree as follows:

  • 1. ENTIRE AGREEMENT.

    These Terms of Use, along with Commanding View’s Privacy Policy (the “Privacy Policy”) constitute your entire agreement with Commanding View with respect to your use of the Web portal. These Terms of Use may be amended or modified from time to time, in the sole discretion of Commanding View. A current version of the Terms of Use is available for your review at www.linktoexpert.com/term.of.use.aspx. A current version of the Privacy Policy is available for your review at www.linktoexpert.com/Privacy_Policy.aspx. Your use of the Web portal after a change in the Terms of Use shall constitute acceptance by you of the amended or modified Terms of Use. If you do not agree to be bound by the amended or modified Terms of Use, you must immediately discontinue your use of the Web portal.

  • 2. YOUR USE OF THE WEB PORTAL AND ITS SERVICES.

    Any user identification ("User ID") and password, and any authorization codes or similar verification identifiers provided to you by Commanding View should be maintained as confidential and should not be distributed or disclosed to third parties. If you permit others to use the Web portal and the services provided therein by utilizing your computer system, your password, or your User ID, you acknowledge and agree that you are responsible for the conduct of those who use the Web portal and the services provided therein by utilizing your computer system, your password, or your User ID, and you acknowledge and agree that you are responsible for ensuring that those who use the Web portal and the services provided therein utilizing your computer system, your password, or your User ID shall use the Web portal and the services provided therein in accordance with these Terms of Use. You acknowledge and agree that you will take any and all appropriate measures to ensure that the Web portal and the services provided therein are not used by anyone without your consent by utilizing your computer system, your password, or your User ID. You acknowledge and agree that any actual, attempted or indirect violation of these Terms of Use by others while utilizing your computer system, your password, or your User ID shall be considered to be a violation of these Terms of Use by you. It is your responsibility to notify Commanding View if you need to change or discontinue your User ID and password and/or authorization codes, if applicable. You may only do so by providing Commanding View with written notice pursuant to Section 15 herein, or by contacting Commanding View at info@linktoexpert.com.

  • 3. WEB PORTAL INTENDED FOR USERS OVER THE AGE OF 13.

    You acknowledge and agree that the Web portal and the services provided therein are not intended for users under the age of 13, and Commanding View does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to Commanding View, any information submitted by such users will not knowingly be used, posted, or retained by Commanding View. You represent and warrant that you are at least 13 years of age and you acknowledge and agree that Commanding View is entitled to rely upon that representation. You acknowledge and agree that, in the event that you permit anyone under the age of 13 to use the Web portal and the services provided therein by utilizing your computer system, your password, or your User ID, you are solely responsible for such use.

  • 4. PRIVACY AND CONFIDENTIALITY.

    Your use of the Web portal and the services provided therein is governed by these Terms of Use and the Privacy Policy, the latter of which is available for your review at www.linktoexpert.com/privacy_policy.aspx. It is your responsibility to review the Privacy Policy, which is incorporated by reference into these Terms of Use in its entirety. If at any time you are not in compliance with these Terms of Use or the Privacy Policy, Commanding View has the right to terminate your right to use and access the Web portal.

  • 5. SECURITY OF YOUR SYSTEM.

    You acknowledge and agree that you are solely responsible for the security of any computer system or other device(s) with which you connect to the Web portal, and any data, programs, files, or information stored on such devices. You acknowledge and agree that Commanding View is not responsible for any unauthorized access to the data, files, transmissions, or communications sent to or from you or for unauthorized access to your computer system, or the data, programs, files, or information contained on your computer system while using the Web portal. You acknowledge and agree that you are responsible for taking any and all appropriate measures to ensure the security of your computer system(s) to prevent unauthorized access to it by others and to prevent infection of your computer from viruses and spyware, including installing and maintaining up-to-date anti-virus and anti-spyware software on your computer. You acknowledge and agree that Commanding View is not responsible for any virus or spyware that gains access to your computer while using the Web portal, or any damage resulting such virus or spyware. You acknowledge and agree that, in the event that your computer becomes infected with any virus that, in Commanding View’s sole discretion, may harm the Web portal, Commanding View may immediately suspend or terminate access by you to the Web portal with or without notice to you.

  • 6. THIRD PARTY SERVICES, PRODUCTS, INFORMATION, CONTENT, AND/OR ACTIONS.

    The Web portal may contain links to Web sites that are owned, operated, or controlled by persons other than Commanding View. You acknowledge and agree that while Commanding View may provide links to various Web sites, Commanding View is not responsible for and does not control the services or products offered by others on such Web sites. You acknowledge and agree Commanding View has not reviewed and does not make any commitment to review, monitor, or filter the information or content of all Web sites you visit or link to from the Web portal and is not responsible for the information, content, or actions of any other Web sites you visit or link to while using the Web portal. You acknowledge and agree that Commanding View does not endorse or otherwise vouch for any service, product, information, program, data, or content sent, accessed, offered, advertised or otherwise made available to you by any third party from any link from the Web portal. Such content may include profane, obscene, indecent, disturbing, illegal, infringing, scandalous, outrageous, offensive, defamatory, abusive, harassing, or hateful or other material you may find problematic. YOU ACKNOWLEDGE AND AGREE THAT COMMANDING VIEW IS NOT RESPONSIBLE FOR ANY SUCH CONTENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR LINKING TO ANY SERVICE OR WEB SITE FROM THE WEB PORTAL IS AT YOUR SOLE RISK AND PERIL.

  • 7. INFORMATION POSTED ON THE WEB PORTAL.

    You are solely responsible for information that you post on the Web portal, including but not limited to any posting or listing in any public message area or through any electronic mail feature. You acknowledge and agree that you are responsible for ensuring that any material you publish using the Web portal including, but not limited to, text, photographs, video, sound recordings, logos, slogans, or other artistic expression, does not violate the copyright, trademark, trade dress, trade secret or any other personal, proprietary, or intellectual property rights of any third party, or that any such material is published with the written permission of the owner(s) of such rights. You grant Commanding View a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to any information that you post on the Web portal. Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography. Commanding View does not endorse any information posted by users and Commanding View is not liable for any such information posted on its Web portal, including but not limited to any information posted about you. Commanding View reserves the right to take any action with respect to information posted on its Web portal that Commanding View believes is appropriate in Commanding View’s sole discretion with respect to such information, including but not limited to termination of this Agreement. Commanding View, however, does not and cannot control the information provided by you, other users, or third parties who provide content that is made available through the Web portal. By its very nature, the information content provider by such third parties may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. Information on the Web portal is provided "AS IS" and may contain technical inaccuracies or typographical errors.

  • 8. PROHIBITED ACTIVITY.

    You acknowledge and agree that you will not use the Web portal and the services provided therein for any of the following prohibited activities:

    (a) attempting to or achieving, or assisting others to attempt or achieve, unauthorized access to any computer, system, or network not owned, controlled, or expressly permitted to be accessed by you;

    (b) Attempting to or achieving, or assisting others to attempt or achieve, unauthorized access to Commanding View’s servers by any means;

    (c) disrupting, modifying, impeding, or interfering in any way with the operation of the Web portal and the services provided therein, or disrupting, modifying, impeding, or interfering with others' use of the Web portal and the services provided therein, whether or not you intended to cause such disruption, modification, impediment, or interference, including, but not limited to, altering or tampering with any information, content, or materials on or associated with the Web portal and the services provided therein or sending excessive data transfers such as bulk e-mail or unsolicited commercial e-mail (spam);

    (d) disseminating any virus, spyware, or virus harmful to the operation the Web portal and the services provided therein, or the operation of any computer, system, or network not owned, controlled, or expressly permitted to be accessed by you;

    (e) engaging in commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Web portal and the services provided therein, except as permitted by the Copyright Act or other law or as expressly permitted by this Agreement, or in another writing signed by the appropriate representative of the City;

    (f) Publishing any material that is encrypted, constitutes junk mail, unsolicited commercial e-mail (spam), or unauthorized advertising, or invades the privacy of anyone;

    (g) Publishing any profane, obscene, indecent, disturbing, illegal, infringing, scandalous, outrageous, offensive, defamatory, abusive, harassing, or hateful language or material;

    (h) Posting or transmitting child pornography;

    (i) Sending to a minor, obtaining from a minor, or obtaining access for a minor of any material that is harmful to a minor;

    (j) publishing any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise would violate any local, state, federal or international law, treaty, or regulation; and/or

    (k) Conducting any other activity that would constitute a criminal offense, give rise to civil liability, or that otherwise would violate any local, state, federal, international law or treaty, ore regulation, or is potentially harmful to others, potentially harmful to Commanding View, including its reputation and operations, or may expose Commanding View to liability.

    You acknowledge and agree to use the Web portal and the services provided therein only for lawful purposes and you acknowledge and agree that your failure to do so may subject you to civil and criminal liability. You acknowledge and agree that engaging in any of the foregoing activities may result in the termination of your use of or access to the Web portal and the services provided therein. You acknowledge and agree that Commanding View reserves the right in its sole discretion to determine what is potentially harmful to others, potentially harmful to Commanding View, including its reputation and operations, or may expose Commanding View to liability.
  • 9. ENFORCEMENT OF TERMS OF USE.

    As a condition of your use of the Web portal and the services provided therein, you acknowledge and agree to use Web portal and the services provided therein in accordance with these Terms of Use. You acknowledge and agree that Commanding View has the right to enforce these Terms of Use in its sole discretion. In the event of a violation by you, Commanding View may, singly or in any combination, issue a warning for the violation, suspend or terminate your use and access to the Web portal and the services provided therein, remove posted content, or take any other action that, Commanding View, deems appropriate, and Commanding View has no obligation to notify you prior to taking any such actions. You acknowledge and agree that any attempted or indirect violation of these Terms of Use shall be considered to be a violation of the Terms of Use. Violations of these Terms of Use may result in criminal or civil liability or both. Commanding View may investigate incidents involving such violations and will cooperate with law enforcement agencies regarding such investigations. Commanding View reserves the right, but has no obligation, to monitor compliance with and investigate violations of these Terms of Use. You acknowledge and agree that Commanding View shall not be liable to you for any of its actions taken to enforce these Terms of Use.

  • 10. TERM AND TERMINATION.

    You acknowledge and agree that Commanding View, Inc. reserves the right to suspend, disconnect, or terminate your use of the services provided on the Web portal at any time for any reason in its sole discretion, with or without cause, and with or without prior notice to you including, but not limited to, if it determines that you have failed to comply with any of these Terms of Use. You acknowledge and agree that Commanding View, Inc. further reserves the right to prohibit any conduct or remove any material or content in violation of these Terms of Use or which Commanding View, Inc., in its sole discretion, believes to be illegal, potentially harmful to others, potentially harmful to Commanding View, Inc., including its reputation and operations, or may expose Commanding View, Inc. to liability.

  • 11. INTELLECTUAL PROPERTY.

    The Web portal and all intellectual property rights related to the Web portal, including but not limited to copyrights, trademarks, service marks and any content on the Web portal, are owned by and/or licensed to Commanding View. You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Web portal and the related intellectual property, including any services provided via the Web portal, and these Terms of Use do not grant you permission to do so. Certain content may be licensed from third parties. All such third party content and all intellectual property rights related to that content belong to the respective third parties. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained in the Web portal, including any Web portal content. By posting content to the Web portal, you are licensing Commanding View to use and display such content in any manner in which Commanding View see fit, in its sole discretion.

    If you believe that your work has been copied in a way that constitutes copyright infringement, or you believe that you intellectual property rights have been otherwise violated, please notify provide notice to Commanding View regarding such alleged infringement or violation of intellectual property rights via electronic mail at abuse@linktoexpert.com or via United States mail at the following address: Commanding View, Inc., P. O. Box 686, Safety Harbor, FL 34695. In such notice, please provide Commanding View with the following information:

    (a) Identify the material on the Web portal that you claim is infringing, with enough detail so that Commanding View may locate it on the Web portal;

    (b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    (c) a statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

    (d) Your address, telephone number, and email address; and

    (e) Your physical or electronic signature.

    Commanding View will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

  • 12.INDEMNIFICATION.

    You agree to defend, hold harmless and indemnify Commanding View from and against any and all losses, costs, expenses, damages or other liabilities incurred by Commanding View from and against any cause of action, claim, suit or proceeding brought by a third party against Commanding View in connection with your use of Web portal and the services provided therein. You further agree to indemnify, defend and hold Commanding View harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Web portal or your decision to supply personally identifiable information using the Web portal. Any such indemnification shall be conditioned on Commanding View notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof and Commanding View cooperating with you in the defense or settlement thereof. Commanding View shall be entitled to participate in such defense through its own counsel at its own cost and expense. Commanding View reserves the right to report any wrongdoing of which it becomes aware to the applicable government agencies or otherwise.

  • 13. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

    YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS, AS AVAILABLE, AND WITH ALL FAULTS," AND WITHOUT ANY WARRANTIES OR CONDITIONS, EITHER EXPRESSED OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OF A PARTICULAR PURPOSE . COMMANDING VIEW MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER OR THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB PORTAL BY ANY USER.

    YOU ACKNOWLEDGE AND AGREE THAT THE WEB PORTAL AND THE SERVICES THEREIN ARE NOT GUARANTEED TO BE FREE OF ERROR, UNINTERRUPTED, SECURE, OR ALWAYS AVAILABLE OR AVAILABLE WITH SUFFICIENT CAPACITY.

    YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEB PORTAL AND THE SERVICES THEREIN IS AT YOUR SOLE RISK.

    YOU ACKNOWLEDGE AND AGREE THAT COMMANDING VIEW HAS NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT, DATA, INFORMATION, PROGRAMS, OR OTHER MATERIAL THAT YOU MAY USE OR ACCESS USING THE WEB PORTAL AND THE SERVICES THEREIN. YOU ACKNOWLEDGE AND AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, GOODS, MERCHANDISE, AND OTHER INFORMATION PROVIDED THROUGH YOUR USE OF THE WEB PORTAL AND THE SERVICES PROVIDED THEREIN.

    YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COMMANDING VIEW, OR ANY OF ITS AGENTS, EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR SAVINGS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL) ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE USE OF, MAINTENANCE OR, REPAIR OF, FAILURE OF, REMOVAL OF, OPERATION OF, OR INABILITY TO GAIN ACCESS TO THE WEB PORTAL AND THE SERVICES THEREIN, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR DUE TO THE NEGLIGENCE OF COMMANDING VIEW, OR ANY OF ITS AGENTS, EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS, OR OTHERWISE, EVEN IF COMMANDING VIEW, OR ANY OF ITS AGENTS, EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS, HAS/HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMMANDING VIEW’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT OF THE LAW.

    NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL COMMANDING VIEW’S LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE YOUR USE OF THE WEB PORTAL AND THE SERVICES PROVIDED THEREIN OR PURSUANT TO THESE TERMS OF USE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $1000 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY COMMANDING VIEW FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.

    YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS OF LIABILITY SPECIFIED IN THESE TERMS OF USE SHALL SURVIVE THE TERM OF YOUR AGREEMENT WITH RESPECT TO THE TERMS OF USE AND WILL APPLY EVEN IF IT IS FOUND THAT SUCH TERMS OF USE HAVE FAILED IN THEIR ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS OF LIABILITY SHALL INURE TO THE BENEFIT OF COMMANDING VIEW, OR ANY OF ITS AGENTS, EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS INCLUDING, BUT NOT LIMITED TO, ANY VENDOR, DEVELOPER, DESIGNER, SUPPLIER AND/OR LICENSOR OF ANY SOFTWARE SUPPLIED BY THE CITY OR ASSOCIATED WITH THESE TERMS OF USE, OR ANY MAINTENANCE PERSON, REPAIR PERSON, OR TECHNICAL SUPPORT PERSON ASSOCIATED WITH THE WEB PORTAL AND THE SERVICES PROVIDED THEREIN.

  • 14. STATE SPECIFIC LEGAL NOTICES.

    Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Commanding View, located in Clearwater, Florida, is the provider of the electronic commercial service on the Web portal. Users are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent to you by e-mail. Please feel free to contact Commanding View to resolve a complaint regarding any aspect of service relating to the Web portal by providing notice pursuant to Section 15 herein.

  • 15.NOTICES.

    All notices required or permitted to be given under this Agreement, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.
    To Commanding View:
    Commanding View, Inc. P. O. Box 686 Safety Harbor, FL 34695
    To User:
    To the address associated with the user’s access or login information.

  • 16.SEVERABILITY.

    The parties agree that, in the event any provision, covenant, condition, or term of these Terms of Use shall be declared null and void, invalid, or held for any reason to be unenforceable by a court of competent jurisdiction, the remainder of these Terms of Use shall nevertheless remain in full force and effect, and shall be interpreted as if such invalid provisions, covenants, or conditions were not contained herein. To this end, the provisions, covenants, conditions, and terms of these Terms of Use are deemed separate.

  • 17. ASSIGNMENT.

    Commanding View has the right to transfer or assign these Terms of Use and the rights hereunder to any other person or entity without your consent. You do not have the right to assign or transfer these Terms of Use or any rights hereunder to any other person or entity without the prior written consent of Commanding View. Subject to the foregoing, these Terms of Use will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.

  • 18. WAIVER.

    No waiver of any of Commanding View’s rights or remedies contained in these Terms of Use or of any breach of any provision of these Terms of Use shall be binding unless it is in writing and signed by Commanding View. No such waiver by Commanding View shall prevent the subsequent enforcement of such term or be deemed a waiver of any subsequent exercise of right or breach of these Terms of Use, nor shall any waiver in any way effect any other term or condition of these Terms of Use.

  • 19. COMMANDING VIEW’S RIGHTS AND REMEDIES.

    The inclusion of any right or remedy contained in these Terms of Use is intended to add to Commanding View’s available remedies, rather than limit or exclude rights or remedies not expressly discussed herein. Commanding View reserves its right, at its sole discretion, to pursue any and all legal or equitable remedies available to it against you, in the event that a cause of action arises against you.

  • 20. FORCE MAJEURE.

    Commanding View shall be excused from performance under these Terms of Use, and shall not be liable for damages or otherwise, if and to the extent that Commanding View is unable to supply or experiences delay in supplying the Web portal and the services provided therein that is, directly or indirectly, due to or causes by any act, event, cause or condition that is beyond its reasonable control including, but not limited to accidents, fires, explosions, natural disasters hurricanes, floods, acts of God, acts of any government, acts of war, military action, terrorist acts, labor disputes, strikes, theft, vandalism, or any other causes.

  • 21. GOVERNING LAW AND JURISDICTION.

    The Web portal (excluding linked Web sites) is operated by Commanding View from its offices within the state of Florida, United States of America. The Web portal can be accessed from all 50 states and from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing the Web portal, you agree that these Terms of Use, your use of the Web portal, and the services offered on the Web portal shall be governed in all respects by the laws of the State of Florida, without regard to its conflicts of law provisions. You further submit to jurisdiction and venue in the state and federal courts located in the state of Florida, Pinellas County and further agree that any cause of action you may bring arising under your use of the Web portal shall be brought by you exclusively in Florida state court located in Pinellas County and/or the United States District Court in and for the Middle District of Florida, Tampa Division. Commanding View makes no representation that materials on the Web portal are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Web portal from other locations do so on their own initiative and are responsible for compliance with any and all local laws.

  • 22. HEADINGS.

    The headings of the sections of these Terms of Use are only for the convenience of the parties herein and shall not effect the constructions or interpretation of any of the terms or provisions set forth herein.

  • 23. CLIENT RESPONSIBILITY.

    The Client acknowledges that the results of participating in the LinktoEXPERT web portal differ from person to person and may vary significantly. The Client agrees that she/he is solely responsible for her/his participation in the LinktoEXPERT web portal.

  • 24. LIMITATION OF WARRANTY.

    THE LINKTOEXPERT WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS" AND WHERE IS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMMANDING VIEW, INC. D/B/A LINKTOEXPERT.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, COMMANDING VIEW, INC. D/B/A LINKTOEXPERT.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMMANDING VIEW, INC. D/B/A LINKTOEXPERT.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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