Privacy Policy
READ THESE TERMS AND CONDITIONS CAREFULLY.
THIS IS A BINDING LEGAL CONTRACT.
THESE TERMS AND CONDITIONS CONTAINS DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, CHOICE OF LAW AND VENUE AND WAIVER OF JURY TRIAL PROVISIONS IN SECTIONS 3, 5, 12 and 15 BELOW.
THESE TERMS AND CONDITIONS (the “Terms and Conditions”) are binding on the person visiting the Second Generation Space website (the “Visitor”) and Second Generation Space, LLC, a Florida limited liability company (“Company”), whose address is 8924 Jonathan Manor Drive, Orlando, FL 32819, as of the date Visitor visits the website (the “Effective Date”), unless Visitor is subject to the Member Terms and Conditions as of such date, in which case the Member Terms and Conditions shall continue in full force and effect, without regard to the provisions of these Visitor Terms and Conditions.
Services. In exchange for Visitor’s obligations under these Terms and Conditions, Company grants Visitor a revocable license to access and view for Visitor’s personal use via one or more websites maintained by the Company, from time to time (the “Services”), certain data and information, including, without limitation, text information and digital pictures that may be posted, from time to time, by third parties (the “Content”). Visitor shall not redistribute any Content, in whole or in part, for consideration or otherwise, or help third parties to use Content for any other media, including, but not limited to, Internet websites, advertising media, or other business purposes. The method and process of rendering the Services shall, at all times, be at Company’s sole and absolute discretion, and on and in accordance with the provisions of these Terms and Conditions. Without limiting the foregoing, the Services will not be available at all times and may not be available at any particular time or times. The Services shall not, in any event, be deemed to include anything in excess of the express items set forth above and shall be deemed to have been rendered from Company’s then current principal business location. Company may, at its option and without notice to Visitor, from time to time, terminate Visitor’s ability to use the Services.
Term and Termination. The term of these Terms and Conditions (the “Term”) shall commence on the Effective Date and continue until terminated in accordance herewith. Either party may terminate these Terms and Conditions without cause on notice to the other. No termination shall effect the rights of the parties arising prior thereto, including, without limitation, for amounts due Company at, as of and after the termination.
LIMITATION OF WARRANTIES. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHATSOEVER CONCERNING ANY OF THE CONTENT OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO: NO IMPLIED WARRANTIES OF MERCHANTIBILITY, NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTIES CONCERNING THE ABILITY TO ACCESS THE CONTENT AT OR FOR ANY TIME; “UPTIME” OF THE WEBSITE; OR THE RESULTS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, ALL CONTENT IS PROVIDED “AS-IS, WHERE-IS” AND COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE CONTENT OR ITS ACCURACY.
Indemnification. Visitor shall hold Company, its officers, directors, employees, contractors and agents, collectively and individually, harmless from any claims, obligations, losses, damages, liabilities, fines, costs and expenses (including, without limitation, reasonable attorney’s fees pretrial, trial and appellate) arising out of or incurred or suffered as a result of or in connection with Visitor’s breach of any representation, warranty or covenant contained in these Terms and Conditions, negligence or commission of fraudulent or illegal acts and Visitor’s rendition of services.
LIMITATION OF LIABILITIES. EXCEPT IN THE CASE OF VISITOR’S INDEMNIFICATION OF THE COMPANY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE, OR INJURY TO PROPERTY. FURTHERMORE, COMPANY SHALL NOT, IN ANY EVENT, BE LIABLE TO COMPANY FOR ANY AMOUNT OF DAMAGES IN EXCESS OF $100.00. VISITOR AND COMPANY ACKNOWLEDGE THAT THIS SECTION REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THEM OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THESE TERMS AND CONDITIONS, THAT SUCH VOLUNTARY RISK ALLOCATION WAS A MATERIAL PART OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE ECONOMIC AND OTHER TERMS OF THESE TERMS AND CONDITIONS WERE NEGOTIATED AND AGREED TO BY THE PARTIES IN RELIANCE ON SUCH VOLUNTARY RISK ALLOCATION. VISITOR IS OBLIGATED TO TAKE SUCH PERSONAL SAFETY PRECAUTIONS AND HE/SHE MAY DEEM APPROPRIATE BEFORE MEETING ANY PERSON AT ANY PROPERTY THAT IS THE SUBJECT OF A LISTING AND, WITHOUT LIMITING THE FOREGOING, COMPANY SHALL NOT BE LIABILITY IN ANY MANNER FOR ANY DAMAGES ARISING THEREFROM.
Data and Privacy. Company may utilize any of the data and information that Visitor provides for Company’s business purposes. Company does not have any obligation to maintain or to hold secret or confidential any data or information that Visitor provides to the Company, including, without limitation, any Content or search criteria.
Entire Terms and Conditions, Waiver and Modification. These Terms and Conditions set forth the entire understanding of the parties concerning subject matter of these Terms and Conditions and incorporates all of prior negotiations and understandings. There are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties relating to the subject matter of these Terms and Conditions other than those set forth herein. Company may modify, amend, supplement or replace the terms and conditions of these Terms and Conditions on at least ten (10) days notice to Visitor (which Company may provided via Section 9(C)); provided that, if Company does so and Visitor does not agree to such changes, Visitor may terminate these his/her membership in accordance with Section 2. If Visitor does not so terminate his/her membership, the modification, amendment, supplement or replacement will be binding. Except for the foregoing, no alteration, amendment, change or addition to these Terms and Conditions shall be binding upon either party unless in writing and signed by an authorized representative of such party. No purported waiver by either party of any default by the other of any term or provision contained herein shall be deemed to be a waiver of such term or provision unless the waiver is in writing and signed by the waiving party. No such waiver shall in any event be deemed a waiver of any subsequent default under the same or any other term or provision contained herein.
Successors and Assignment. Each and all of the provisions of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Visitor may not assign or transfer Visitor’s membership or delegate his/her rights or the performance of his/her duties hereunder without the express prior written approval of Company. Company (and its successors and assigns) may, at any time and from time to time, assign its rights under these Terms and Conditions.
Notices. Any consent, waiver, notice, demand, request or other instrument required or permitted to be given under these Terms and Conditions shall be in writing and deemed to have been properly given upon: (A) actual delivery if delivered by hand; (B) the next business day after transmission by national overnight express courier service (e.g., Federal Express), freight prepaid, receipt signature required, to the address for such party set forth herein; (C) solely for communications from Company to Visitor, by posting such communication on the Company’s website; or (D) three (3) business days after being sent by certified United States mail, return receipt requested, postage prepaid, to the address for such party set forth herein. Either party may change its address for notices in the manner set forth herein.
Captions. The captions and paragraph letters appearing in these Terms and Conditions are inserted only as a matter of convenience. They do not define, limit, construe or describe the scope or intent of the provisions of these Terms and Conditions.
Partial Invalidity. If any term or provisions of these Terms and Conditions, or the application thereof to any person or circumstance, shall be invalid or unenforceable, the remainder of these Terms and Conditions, or the application of such term or provision to persons or circumstances, other than those as to which it is held invalid, shall both be unaffected thereby and each term or provision of these Terms and Conditions shall be valid and be enforced to the fullest extent permitted by law.
Applicable Law and Venue. These Terms and Conditions shall be construed and governed under and by the laws of the State of Florida for contracts executed and to be performed in Florida. Except for third party actions, exclusive venue for action, claim or controversy arising out of these Terms and Conditions shall be Orange County, Florida. Visitor waives all defenses based on venue, the inconvenience of the forum, and lack of personal jurisdiction in any dispute brought in Orange County, Florida.
Attorney’s Fees. In the event any litigation, mediation, arbitration, or controversy between the parties hereto arises out of the provisions Sections 3, 4, 5, 6, 12 or 15, the prevailing party shall be entitled to recover from the other all collection costs, reasonable attorneys' fees, expenses and suit costs, including those associated with appellate and post-judgment collection proceedings.
Third Party Beneficiaries. There are no intended, express or implied third party beneficiaries to these Terms and Conditions.
WAIVER OF JURY TRIAL. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ALL OF THEIR RIGHTS TO A TRIAL BY JURY ON ANY AND ALL ISSUES PERTAINING TO OR ARISING OUT OF THESE TERMS AND CONDITIONS AND THE MATTERS SET FORTH HEREIN.
Survival. Sections 3, 4, 5, 6, 12, 13 and 15 shall survive and continue to be applicable after the expiration, cancellation or termination of these Terms and Conditions.
