User has a nonexclusive, nontransferable, limited, revocable right to use the Website solely for User’s personal educational, informational, and entertainment use. User will not use the Website for any other purpose, including any commercial purpose, without the Site Owner’s expressed prior written consent. For example, User will not authorize any other party to (i) Co-brand the Website or portion thereof, or (ii) frame the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another website). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website (the "Content"). User agrees to cooperate with the Site Owner in causing any unauthorized co-branding, framing or linking to immediately cease.
User acknowledges and agrees that the content accessible within the Website (the "Content") is the proprietary information of the Site Owner and its content providers, and the Site Owner and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such content to any third party without the expressed written consent of the Site Owner or the applicable content provider except that User may print out a copy of Content solely for User’s personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
Further, User will have access to a variety of sources of content through the Internet. The Site Owner has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Site Owner will have no liability or responsibility whatsoever for any content contained within any such sources. User acknowledges and agrees that User accesses, uses and relies upon such content at User’s own risk.
User understands that, except for information, products or services clearly identified as being supplied by the Site Owner, the Site Owner does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that the Site Owner cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Site Owner does not assume any responsibility or risk for your use of the Internet.
THE SITE OWNER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY CONTENT ACCESSIBLE WITHIN OR THROUGH THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. USER ACKNOWLEDGES AND AGREES THAT BYHISWORD.COM IS NOT IN THE BUSINESS OF PROVIDING ANY TYPE OF PROFESSIONAL ADVICE WHATSOEVER.
THE SITE OWNER, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF THE SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE SITE OWNER AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT USER HAS PAID TO THE SITE OWNER FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
(a) Governing Law. These Terms and Conditions will be governed by the law of the State of Florida, without regard to its choice of laws provisions.
(b) Venue and Jurisdiction. User submits to the jurisdiction of the state and federal courts in Miami, Florida for the purposes of resolving any dispute arising out of the subject matter of these Terms and Conditions.
(c) Severability. If any provision of these Terms And Conditions is deemed to be unenforceable as written under applicable law, the parties intend that such provision be modified to the extent, and only to the extent, necessary to make such provision enforceable. In the event any unenforceable provision cannot be modified to make it enforceable, the parties intend that such provision be stricken from these Terms And Conditions with all other provisions remaining in full force and effect.
(d) Force Majeure. The Site Owner will not be liable or responsible for any failure or delay in performance if such failure or delay is caused in whole or in part by causes beyond its complete control, including fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, act of God, acts or omissions of carriers, transmitters, telephone companies, Internet service providers, Internet backbone providers, vandals, or hackers.
(e) Third Party Sales or Websites. Via access provided by the Website, User may order products and service from third parties who are not affiliated with the Site Owner. The Site Owner is not a party to any transactions with third parties and makes no representations or warranties whatsoever with respect either to such third parties or to the subject matter of such transactions. The Site Owner will have no responsibility or liability with respect to any such transactions.
(f) Third Party Beneficiaries. Sections 2 through 5 are also for the benefit of the Site Owner’s licensors, content providers, and service providers, and each shall have the right to assert and enforce such provisions directly on its own behalf.
(g) No Waiver. The failure on the part of the Site Owner to exercise any right or remedy hereunder will not operate as further waiver of such right or remedy in the future or any other right or remedy. For example, failure of the Site Owner to enforce the prohibition against unauthorized Co-branding and framing contained in Section 1 will not operate as a waiver of the Site Owner’s right to enforce that prohibition at any time against any party.
(h) ByHisWord.com is not responsible for users attempting to use the web site outside of the scope of its intended services. Neither are we responsible for reporting information to legal/regulatory authorities, as the Site Owner is not involved with web usage, receipt of information, or service delivery through a web site.