Community Television Foundation of South Florida,
Inc., its subsidiaries, parents, affiliated entities and agents,
("WPBT") provides the Channel 2 Mall (the "Service")
subject to your compliance with the terms and conditions below and
subject to the WPBT Websites: "Rules of the Road." These
terms and conditions (this "Agreement") modifies and supplements
the "Rules of the Road" to the extent you use the Service.
Please read this Agreement carefully before accessing
the Service. By accessing the Service, you agree to be bound by
the terms and conditions below. If you do not wish to be bound by
these terms and conditions, you may not access or use the Service.
1. Use of the Service.
You assume total responsibility and risk for
your use of the Service and the Internet. It is solely your responsibility
to evaluate the accuracy, completeness and usefulness of all opinions,
advice, services and other information, and the quality and merchantability
of all merchandise, provided through the Service. You understand
that, except for information, products or services clearly identified
as being supplied by WPBT, all merchandise, information and services
offered or made available or accessible through the Service are
offered or made available or accessible by third parties who are
not affiliated with WPBT. If you are dissatisfied with the Service
or with any terms, conditions, rules, policies, guidelines, or
practices of WPBT in operating the Service, your sole and exclusive
remedy is to discontinue using the Service.
2. No Service Warranties.
THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. No advice or information
given by WPBT or its agents, contractors or their respective employees
shall create a warranty. WPBT does not warrant that the Service
will be uninterrupted or error free. WPBT does not warrant that
the Service will appear as intended due to the various versions
of Web browsers used on the Internet. Under no circumstances shall
WPBT, its agents, or contractors be liable for any direct, indirect,
incidental, special, punitive or consequential damages that result
in any way from your use of or inability to use the Service or
to access the Internet or any part thereof, or your reliance on
or use of information, services or merchandise provided on or
through the Service, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation,
or transmission, or any failure of performance.
3. Making Purchases On the Service.
If you wish to make purchases on the Service,
you may be asked to supply certain information, including credit
card or other payment mechanism information. You agree that all
information you provide for purposes of making purchases will
be accurate, complete and current. WPBT and other service providers
offering merchandise, information and services on the Service
set their own prices and may change prices or institute new prices
at any time. You agree to pay all charges incurred by users of
your account and credit card or other payment mechanism at the
prices in effect when such charges are incurred. You also will
be responsible for paying any applicable taxes and shipping/handling
relating to purchases on the Service.
4. Failure to Comply With Terms and
Conditions.
WPBT may deny you access to all or part of the
Service without notice if you engage in any conduct or activities
that WPBT in its sole discretion believes violates any of the
terms and conditions in this Agreement. If WPBT denies you access
to the Service because of such a violation, you shall have no
right (1) to access through WPBT any materials stored on the Internet,
(2) to obtain any credit(s) otherwise due to you, and such credit(s)
will be forfeited, (3) to access third party services, merchandise
or information on the Internet through WPBT, and WPBT shall have
no responsibility to notify any third-party providers of services,
merchandise or information nor any responsibility for any consequences
resulting from lack of notification.
You agree to defend, indemnify and hold WPBT
and its member stations harmless from any and all liabilities,
costs and expenses, including reasonable attorneys' fees, related
to any violation of this Agreement by you or authorized users
of your account, or in connection with the use of the Service
or the Internet or the placement or transmission of any message,
information, software or other materials on the Internet by you
or authorized users of your account.
5. Miscellaneous.
In the event that any portion of this Agreement
is held to be unenforceable, the unenforceable portion shall be
construed in accordance with applicable law as nearly as possible
to reflect the original intentions of the parties and the remainder
of the provisions shall remain in full force and effect.
WPBT's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between parties nor trade practice shall act to modify any provision
of this Agreement.
WPBT may modify this Agreement from time to time
by placing a notice of such modification on the WPBT website and
your continued use of the Service following notice of such modification
shall be deemed to be your acceptance of any such modification.
If you do not agree to any modification of this Agreement, you
must stop using the Service.
This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida.
This Agreement constitutes the entire agreement
between you and WPBT with respect to the Service.
6. WPBT Websites: Internet Rules
Please read the WPBT Websites: Internet
Rules
