THE BREAKERS PALM BEACH, INC.
TERMS AND CONDITIONS OF USE
Last Updated: May 6, 2008
This Terms and Conditions of Use (this “Agreement”) is made as of this day by and between you (referred to as “guest”, “you” or “your”) and The Breakers Palm Beach, Inc. and its affiliated companies, subsidiaries and properties (collectively referred to as “The Breakers,” “us,” “our,” or “we”). This Agreement sets forth the terms and conditions that apply to your use of our Web sites, including but not limited to www.TheBreakers.com, www.WeddingsByTheBreakers.com and www.EchoPalmBeach.com (collectively referred to as “our Web sites” or “The Breakers’ Web sites”) and Services provided by The Breakers (the “Services”). Please read this Agreement and our Privacy Policy (the “Privacy Policy”) carefully prior to your use of our Web sites or your registration for or use of a Service.
By submitting information to The Breakers, either by using our Web sites or registering for or using a Service, you agree to be bound by all of the terms and conditions of this Agreement and the Privacy Policy, including any changes or revisions which The Breakers, in its sole discretion and from time to time, may make to this Agreement and/or the Privacy Policy. Additionally, if you register for or use a specific Service offered by The Breakers, you also agree to be bound by the terms and conditions of any specific rules (“Rules”) for such Service as provided to you, including any changes or revisions which The Breakers, in its sole discretion and from time to time, may make to such Rules. If you do not agree with all of the terms and conditions of this Agreement, the Privacy Policy and any applicable Rules, you are not authorized to use our Web sites or register for or use any of our Services, and your sole remedy is to stop using our Web sites and our Services.
YOUR COMPLIANCE WITH THIS AGREEMENT
You represent that you (i) are of legal age to agree to the terms and conditions set forth in this Agreement, the Privacy Policy and any applicable Rules; and (ii) agree to comply with all local rules regarding online conduct and transmission of information. To determine your compliance with this Agreement, the Privacy Policy and any applicable Rules, The Breakers reserves the right, but not the obligation, to monitor your use of our Web sites and our Services.
YOUR USE OF THE BREAKERS’ WEB SITES AND OUR SERVICES
You are only entitled to use our Web sites and our Services for lawful purposes and pursuant to the terms and conditions of this Agreement, the Privacy Policy and any applicable Rules.
Your use of our Web sites may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Web sites or other actions that The Breakers, in its sole discretion, may elect to take. The Breakers reserves the right to suspend or discontinue the availability of our Web sites and/or any portion or feature of our Web sites at any time in our sole discretion and without prior notice.
You shall not, and you shall not attempt to or otherwise authorize, encourage or support a third party's attempts to, create derivative works of or make commercial use of the content on our Web sites (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage or support a third party's attempts to, circumvent, re-engineer, decrypt, break or otherwise alter or interfere with our Web sites in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to or frame our Web sites without the prior express written permission of The Breakers.
You shall not be permitted to do any of the following, as determined by The Breakers, in its sole discretion, each of which may result in your loss of the right to access and use our Web sites and/or Services (i) violate the terms and conditions of this Agreement, our Privacy Policy or any applicable Rule; (ii) restrict, inhibit or prevent any access to, use or enjoyment of our Web sites or any Service; or (iii) through the use of our Web sites or any Service, defame, abuse, harass, offend or threaten anyone or any entity.
TRANSMISSIONS, SUBMISSIONS AND POSTINGS
You represent and warrant to The Breakers that you own all of the rights in and for, or that you have a valid license to transmit, submit or post, any and all information that you transmit, submit or post to our Web sites. Provided that you have obtained prior written permission from The Breakers to transmit, submit or post information to our Web sites that is copyrighted and/or trademarked, you automatically grant The Breakers the worldwide, fully-paid, royalty-free right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever. If you transmit, submit or post information to our Web sites that is not copyrighted and/or trademarked, upon such transmission, submission or posting, you automatically grant The Breakers the worldwide, fully-paid, royalty-free, non-exclusive, sub-licensable right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever.
You shall not transmit, submit or post the following to our Web sites:
· Information that infringes The Breakers' or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
· Information that violates any law, statute, ordinance or regulation;
· Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to The Breakers or third parties or that infringes on The Breakers' or any third party's rights of publicity or privacy;
· Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
· Information containing or constituting chain letters, mass mailings, political campaigning, unsolicited or unauthorized advertising, or any form of "spam";
· Information that is false, inaccurate or misleading;
· Commercial advertisements or solicitations without prior written permission from The Breakers; or
· Copyrighted and/or trademarked information without prior written permission from The Breakers.
Although The Breakers does not regularly review your transmissions, submissions or postings, The Breakers reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to our Privacy Policy, The Breakers may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.
INTELLECTUAL PROPERTY RIGHTS
The name "The Breakers", www.TheBreakers.com, www.WeddingsByTheBreakers.com and www.EchoPalmBeach.com, other URL and Web sites domain names owned and/or operated by The Breakers, and The Breakers' graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of The Breakers (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without the prior express written permission of The Breakers, which permission may be withheld in The Breakers' sole discretion. The Breakers makes no proprietary claim to any third-party names, trademarks or service marks appearing on our Web sites. Any third-party names, trademarks, and service marks are property of their respective owners.
The Content, downloads, software and other data and information viewable on, contained in, or downloadable from our Web sites and the Proprietary Marks and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Web sites and Services (collectively, the "Intellectual Property"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, The Breakers or its Content suppliers. The Breakers also owns a copyright in a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Intellectual Property (the "Collective Work"). All software used for our Web sites (the "Software") is the property of The Breakers or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Intellectual Property and/or the Collective Work does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of The Breakers' or any third party's intellectual property rights regarding the Proprietary Marks, the Intellectual Property, the Collective Work, the Software and/or any other harm incurred by The Breakers or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement or applicable law.
YOUR USE OF THE INTELLECTUAL PROPERTY AND COLLECTIVE WORK
Without the prior written consent of The Breakers, you may only print, download or otherwise use the Intellectual Property and the Collective Work for your non-commercial use. You shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Intellectual Property and the Collective Work. You may not modify the Intellectual Property or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Intellectual Property and the Collective Work, or transfer the Intellectual Property or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than your personal, non-commercial use of the Intellectual Property and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of The Breakers, which permission may be withheld in The Breakers' sole discretion.
You agree to comply with all applicable United States and foreign rules, regulations, and laws relating to the importation and exportation of technical data associated with our Web sites and Services.
INTERFERENCE WITH THE BREAKERS’ WEB SITES OR SERVICES
Our Web sites contain robot exclusion headers. Much of the information on our Web sites is updated on a real time basis and is proprietary or is licensed to The Breakers by The Breakers' users or third parties. You agree that you will not use any robot, spider, scraper, deep link or other similar automated device, program, algorithm or methodology to access, acquire, copy or monitor our Web sites or any portion of our Web sites or for any other purpose, without The Breakers' express written permission. Additionally, you agree that you will not (i) take any action that imposes, or may impose in The Breakers' sole discretion an unreasonable or disproportionately large load on The Breakers' infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Intellectual Property from our Web sites without the prior written permission of The Breakers and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Web sites or any Service; or (iv) bypass The Breakers' robot exclusion headers or other measures The Breakers may use to prevent or restrict access to or use of our Web sites or any Service. The Breakers reserves the right, without prior notice to you, to immediately disconnect your access to and use of our Web sites or a Service if your equipment or software is causing interference with The Breakers, our Web sites and/or Services.
ELECTRONIC COMMUNICATIONS
By using our Web sites or using a Service, you consent to receive communications from The Breakers electronically. Although The Breakers may choose to communicate with you by other means, The Breakers may also choose to solely communicate with you electronically by email or by posting notices on our Web sites. You agree that all agreements, notices, disclosures and other communications that The Breakers sends to you electronically satisfy any legal requirement that such communications be in writing.
THIRD PARTY LINKS, PRODUCTS AND SERVICES
There may be provided on our Web sites links to other Web sites belonging to The Breakers' advertisers, business partners and other third parties. Such links do not constitute an endorsement by The Breakers of those Web sites, nor the products or services listed on those Web sites. The Breakers is not responsible for the activities or policies of those Web sites. The Breakers may also make available products and services of such advertisers, business partners and other third parties directly on our Web sites, which products or services shall be purchased and/or obtained by you directly from such advertisers, business partners and other third parties. You acknowledge and agree that The Breakers shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such advertisers, business partners and other third parties or for any content or information presented in connection with any products or services of advertisers, business partners and other third parties.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, THE BREAKERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS TO THE OPERATION OF THE BREAKERS’ WEB SITES OR SERVICES OR WITH RESPECT TO THE CONTENT, INTELLECTUAL PROPERTY, COLLECTIVE WORK OR ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH THE BREAKERS’ WEB SITES OR SERVICES.
THE BREAKERS’ WEB SITES, CONTENT AND SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. THE BREAKERS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, QUALITY OR MISDELIVERY OF THE CONTENT, INTELLECTUAL PROPERTY, COLLECTIVE WORK OR ANY OTHER MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH THE BREAKERS’ WEB SITES OR SERVICES, NOR THE SAFETY, SECURITY, RELIABILITY, TITLE, TIMELINESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THE BREAKERS’ WEB SITES OR SERVICES OR WITH RESPECT TO THE CONTENT, INTELLECTUAL PROPERTY, COLLECTIVE WORK OR ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH THE BREAKERS’ WEB SITES OR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS, SAFETY, SECURITY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE BREAKERS’ WEB SITES, SERVICES, CONTENT, INTELLECTUAL PROPERTY AND ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH THE BREAKERS’ WEB SITES OR SERVICES. THE BREAKERS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE BREAKERS’ WEB SITES, SERVICES OR CONTENT AND ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH THE BREAKERS’ WEB SITES OR SERVICES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BREAKERS’ WEB SITES, SERVICES, CONTENT, INTELLECTUAL PROPERTY, COLLECTIVE WORK OR ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH THE BREAKERS’ WEB SITES OR SERVICES IS AT YOUR SOLE RISK.
Some state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL THE BREAKERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS, PROCUREMENT COSTS, LOSS OF USE, OR ANY OTHER INTANGIBLE LOSS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE PRIVACY POLICY, ANY APPLICABLE RULES OR ANY LAWS; (II) YOUR USE OF THE BREAKERS’ WEB SITES OR A SERVICE; (III) ANY THIRD PARTY'S USE OF THE BREAKERS’ WEB SITES OR A SERVICE ON YOUR BEHALF; (IV) YOUR INABILITY TO USE THE BREAKERS’ WEB SITES OR A SERVICE FOR ANY REASON AND FOR ANY PERIOD OF TIME; (V) YOUR DOWNLOADING OF ANY OF THE CONTENT, INTELLECTUAL PROPERTY, COLLECTIVE WORK OR ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH THE BREAKERS’ WEB SITES OR ANY SERVICE; (VI) YOUR RELIANCE UPON OR USE OF THE BREAKERS’ WEB SITES, SERVICES, CONTENT, INTELLECTUAL PROPERTY, COLLECTIVE WORK OR ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH THE BREAKERS’ WEB SITES OR SERVICES, (VII) THE BREACH OF THE BREAKERS' SECURITY AND UNAUTHORIZED DISCLOSURE OF YOUR PERSONAL INFORMATION; EVEN IF THE BREAKERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BREAKERS’ LIABILITY IS LIMITED TO YOUR ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO THE BREAKERS FOR USE OF THE SERVICE RELATING TO THE DIRECT DAMAGES.
Some state laws do not allow limitations on certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
YOUR INDEMNIFICATION OF THE BREAKERS
You shall defend, indemnify and hold harmless The Breakers and its officers, directors, shareholders, employees, independent contractors, agents and representativess from and against all claims and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or attributable to (i) any breach or violation of this Agreement, the Privacy Policy or any applicable Rules or law by you; (ii) your failure to provide accurate, complete and current information; and (iii) your use and/or misuse of our Web sites or a Service.
AMENDMENTS TO THIS AGREEMENT, OUR PRIVACY POLICY AND APPLICABLE RULES
The Breakers reserves the right, at its sole discretion, to update, amend and/or change this Agreement, our Privacy Policy and any applicable Rules without prior notice and at any time. Updates to this Agreement will be posted here, and updates to our Privacy Policy and any applicable Rules will be posted where applicable on our Web sites. You are encouraged to revisit this Agreement, our Privacy Policy and any applicable Rules from time to time in order to review any changes that have been made. Your continued use of our Web sites and any Services following the posting of any such changes shall automatically be deemed your acceptance of such changes.
INJUNCTIVE RELIEF
You acknowledge that The Breakers may be irreparably damaged if this Agreement, our Privacy Policy or any applicable Rules are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement, our Privacy Policy or any applicable Rules by you, The Breakers shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement, our Privacy Policy or any applicable Rules. For purposes of this section, you agree that any action or proceeding with regard to an injunction shall be brought in the state courts of record for Palm Beach County, Florida, or the United States District Court, Southern District of Florida. You herby consent to the jurisdiction of such court and waive any objection to the laying of venue for such action or proceeding in Palm Beach County, Florida. You also agree that service of any court paper may be effected on you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
GOVERNING LAW, VENUE AND JURSIDICTION; ARBITRATION
This Agreement, our Privacy Policy and any applicable Rules are governed by and shall be construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, our Privacy Policy or any applicable Rules, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement, our Privacy Policy or any applicable Rules by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida. You and The Breakers shall select the arbitrator, and if you and The Breakers are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then The Breakers shall select the arbitrator. Arbitration shall not commence until the party requesting arbitration has depositesd U.S. One Thousand Dollars (US $1,000) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and The Breakers and your and The Breakers's respective administrators, executors, legal representatives, heirs, successors and assigns, and may only be entered in the state courts of record for Palm Beach County, Florida or the United States District Court, Southern District of Florida. The jurisdiction and venue for any action brought for purposes of compelling arbitration or enforcing an arbitration award arising from, under or connected with this Agreement, our Privacy Policy or any applicable Rules shall be exclusively in the state and/or federal courts in and/or for Palm Beach County, Florida, and each party hereby waives any objection to such jurisdiction and venue based upon forum non conveniens or otherwise.
COPYRIGHT INFRINGEMENT NOTICE
Notifications (each, a "Notification") of claimed copyright infringement appearing on our Web sites should be sent to The Breakers's designated agent. The Breakers's designated agent contact information is set forth below:
Address of Designated Agent to Which Notification Should be Sent:
The Breakers
Attention: Privacy Officer/Internal Audit
One South County Road
Palm Beach, FL 33480
Facsimile Number of Designated Agent: (561) 653-6659
Email Address of Designated Agent: privacy.officer@thebreakers.com
Pursuant to Title 17, United States Code, Section 512(c)(2), to be effective, the Notification must include the following:
· 1. A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
· 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online sites are covered by a single Notification, a representative list of such works at that sites;
· 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Breakers to locate the material;
· 4. Information reasonably sufficient to permit The Breakers to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
· 5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· 6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512(c)(2):
· 1. The Breakers will remove or disable access to the material that is alleged to be infringing;
· 2. The Breakers will forward the written Notification to the alleged infringer ("Subscriber"); and
· 3. The Breakers will take reasonable steps to promptly notify the Subscriber that The Breakers has removed or disabled access to the material.
Counter Notification:
Pursuant to Title 17, United States Code, Section 512(c)(2), a Subscriber may counter a Notification by providing a written communication ("Counter Notification") to The Breakers's designated agent that includes substantially the following:
· 1. A physical or electronic signature of the Subscriber;
· 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
· 3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
· 4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which The Breakers may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512(c)(2):
· 1. The Breakers will promptly provide the Complaining Party with a copy of the Counter Notification;
· 2. The Breakers will inform the Complaining Party that The Breakers will replace the removed material or cease disabling access to the removed material within ten (10) business days;
· 3. The Breakers will replace the removed material or cease disabling access to the removed material within fourteen (14) business days following receipt of the Counter Notification, provided The Breakers' designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the removed material on The Breakers' network or system.
GENERAL INFORMATION
If any arbitrator or court of competent jurisdiction deems any portion of this Agreement, our Privacy Policy or any applicable Rules unlawful, void or unenforceable, the applicable Agreement, Privacy Policy or Rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the applicable Agreement, Privacy Policy or Rules that is unlawful, void or unenforceable shall be stricken. The headings contained in this Agreement, our Privacy Policy or any applicable Rules are for convenience of reference only, are not to be considered a part of this Agreement, our Privacy Policy or any applicable Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement, our Privacy Policy or any applicable Rules.
No waiver of any portion of this Agreement, our Privacy Policy or any applicable Rules shall be effective unless it is in writing and signed by an authorized representative of The Breakers. The failure of The Breakers to require performance of any obligation of this Agreement, our Privacy Policy or any applicable Rules shall not affect The Breakers's right to enforce any provision of this Agreement, our Privacy Policy or any applicable Rules at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
All covenants, agreements, disclaimers, limitations, representations and warranties made in this Agreement, our Privacy Policy or any applicable Rules, as may be amended by The Breakers from time to time, shall survive your acceptance of this Agreement, our Privacy Policy or any applicable Rules, the termination of your use of our Web sites, and the termination of your use of Services.
If you have questions, comments, concerns or feedback regarding this Agreement, our Privacy Policy or any applicable Rules or our Web sites or any Service, please contact us via any of the methods set forth below:
The Breakers
Attention: Privacy Officer/Internal Audit
One South County Road
Palm Beach, FL 33480
Main Fax Number: (561) 659-8403
privacy.officer@thebreakers.com
This Agreement, our Privacy Policy and any applicable Rules made available to you by The Breakers, each as amended from time to time, represent the entire understanding and agreement between you and The Breakers regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
