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USER AGREEMENT

www.searchsouthflorida.com

TERMS AND CONDITIONS OF SERVICE

The www.searchsouthflorida.com website ("www.searchsouthflorida.com"), owned and operated by Cybercast, Inc., a Florida corporation, is provided to you ("Member") under the terms and conditions of this searchsouthflorida.com Terms and Conditions of Service (this "Agreement") and the Procedures (as defined below). www.searchsouthflorida.com reserves the right to change, modify, add or remove portions of this Agreement at any time upon notification to Member on www.searchsouthflorida.com, by e-mail, or by conventional mail. www.searchsouthflorida.com may modify, suspend, discontinue, or restrict the use of all or any portion of www.searchsouthflorida.com at any time without notice. BY USING AND CONTINUING TO USE www.searchsouthflorida.com MEMBER AGREES TO BE BOUND BY THIS AGREEMENT. BY CONTINUING TO USE www.searchsouthflorida.com FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT MEMBER AGREES TO BE BOUND BY THIS AGREEMENT AS AMENDED.


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1.

General.

 

(a)

Registration Data. In consideration for use of www.searchsouthflorida.com, Member agrees to: (I) provide certain current, complete, and accurate information about Member as prompted to do so by www.searchsouthflorida.com ("Registration Data") and (ii) maintain and update the Registration Data as required to keep it current, complete, and accurate. If any Registration Data provided by Member is inaccurate, www.searchsouthflorida.com retains the right to terminate Member's membership and rights to use www.searchsouthflorida.com.

 

(b)

Limited Disclosure of Registration Data. Member grants www.searchsouthflorida.com the right to disclose to third parties Registration Data about members and the membership of www.searchsouthflorida.com in the aggregate; however, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (I) Member expressly directs www.searchsouthflorida.com (or any other person Member specifically designates) to disclose such information; (ii) such disclosure is required to conform to any applicable law, regulation, or comply with legal process served on the www.searchsouthflorida.com; (iii) such disclosure is necessary or appropriate to protect and defend the rights or property of the www.searchsouthflorida.com; or (iv) such disclosure is required under exigent circumstances to protect the personal safety of its members or the public.

 

(c)

Proprietary Rights to Content. Member acknowledges that all information displayed, transmitted, or carried on www.searchsouthflorida.com (the "Content"), including but not limited to directories, guides, articles, text, opinions, reviews, software, music, sound, images, illustrations, photographs, video, graphics, trademarks, service marks or other material, is protected as a collective work or compilation by copyrights, trademarks, service marks, patents, or other proprietary rights and laws under United States law, the laws of other countries, and international convention. Member further acknowledges that all individual articles and other elements comprising the Content are copyrighted or otherwise protected works. Member shall (I) abide by all additional notices and restrictions attached to any Content accessed through www.searchsouthflorida.com, (ii) not alter the Content in any way, and (iii) not alter or remove any trademark, copyright or any other notice from copies of the Content. Except as permitted herein, Member shall not copy, reproduce, distribute, create derivative works, archive, retain or store in any form, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in the Content without the express, written authorization of www.searchsouthflorida.com and/or the appropriate third party. Additionally, neither Member nor any third party shall make use of the Content in any manner that interferes with the format and appearance of the Content as designed and displayed by www.searchsouthflorida.com and its advertisers, including the use Content with advertising or other materials not specifically authorized by www.searchsouthflorida.com to be displayed with the Content. Accordingly, www.searchsouthflorida.com enters into this Agreement for itself and on behalf of each of the its advertisers and other content providers who, as a consequence, shall have the right to assert and enforce directly such intellectual property and contract rights on their own behalf.

 

(d)

Permitted Use. Member's right to use the Service is personal to Member. Member may make a single copy of the Content displayed on www.searchsouthflorida.com for personal, noncommercial use only, provided that Member does not remove any trademarks, copyright and any other notice contained in the Content. Member may not distribute (including via e-mail or the Internet), or otherwise make available, copies to others, whether or not for payment or other consideration, without written permission from www.searchsouthflorida.com and/or the appropriate third party.

 

(e)

Non-Transferable Account. Access to the areas requiring registration on www.searchsouthflorida.com is intended for Member only. Member may not resell, transfer, or assign Member's Account or allow others to access it (except for immediate family members), in whole or in part, or otherwise commercially exploit it.

 

(f)

Hardware and Software. Member is responsible for obtaining and maintaining, at its expense, all hardware and software necessary to connect to www.searchsouthflorida.com.

 

(g)

Use of Content; Passwords. Member agrees to maintain the confidentiality of Member's password and account. Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify www.searchsouthflorida.com of any unauthorized use of Member's account or any other breach of security known to Member.

 

(h)

Compromised Password. www.searchsouthflorida.com shall suspend access or change access to www.searchsouthflorida.com via Member's account as soon as practicable after notification as set forth herein by Member that its password has been lost, stolen, or otherwise compromised.

 

(i)

Connect Charges. Member is responsible for the cost of any connect or long- distance charges relating to its use of www.searchsouthflorida.com.

 
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2.

Termination.

 

Either Member or www.searchsouthflorida.com may terminate this Agreement with or without cause at any time and effective immediately. A written notice shall accompany termination to the other party. www.searchsouthflorida.com shall not be liable to Member or any third party for termination of the Service. Should Member object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (I) discontinue use of www.searchsouthflorida.com; (ii) terminate this Agreement; and (iii) notify www.searchsouthflorida.com of such termination. Upon termination of this Agreement, Member's right to use www.searchsouthflorida.com immediately ceases.

 
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3.

Disclaimer of Warranties; Limitation of Liability; Limitation on Actions.

 

ALL ACCESS TO www.searchsouthflorida.com IS PROVIDED ON AN "AS-IS, AS AVAILABLE" BASIS. www.searchsouthflorida.com MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH www.searchsouthflorida.com OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH www.searchsouthflorida.com OR ANY SITE LINKED TO www.searchsouthflorida.com. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, and INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH www.searchsouthflorida.com. www.searchsouthflorida.com ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, CURRENTNESS, OR ACCURACY WITH RESPECT TO THE MEMBER'S USE OF, AND ANY OF THE CONTENT ON, www.searchsouthflorida.com OR ANY SITE LINKED TO www.searchsouthflorida.com AND WITH RESPECT TO ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH www.searchsouthflorida.com OR ANY SITE LINKED TO www.searchsouthflorida.com.

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THE www.searchsouthflorida.com, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS (AND THE OFFICERS, EMPLOYEES, AGENTS AND LICENSORS OF THE www.searchsouthflorida.com'S SUBSIDIARIES AND AFFILIATES), AND EACH OTHER CONTENT PROVIDER TO www.searchsouthflorida.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHICH MAY BE SUFFERED BY THE MEMBER OR ANY OTHER PERSON AS A RESULT OF USE, MISUSE, MALFUNCTION, OR UNAVAILABILITY OF THE SERVICE, INCLUDING ANY SUCH OCCURRENCES CAUSED BY THE www.searchsouthflorida.com'S NEGLIGENCE OR OMISSION, EVEN IF www.searchsouthflorida.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY SUCH DAMAGES FROM LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA. THIS ALSO INCLUDES SUCH DAMAGES FROM ANY ACTS OF GOD OR OTHER FORCE MAJEURE EVENT OR CIRCUMSTANCE BEYOND THE REASONABLE CONTROL OF THE www.searchsouthflorida.com. www.searchsouthflorida.com MAKES NO WARRANTIES THAT MATERIALS DOWNLOADED FROM www.searchsouthflorida.com ARE FREE FROM VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS. MEMBER DOWNLOADS SUCH DATA OR CONTENT AT MEMBER'S OWN RISK AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OR USE OF SUCH CONTENT AND/OR DATA.

ANY LIABILITY OF www.searchsouthflorida.com FOR DAMAGES TO THE MEMBER SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO www.searchsouthflorida.com BY OR ON BEHALF OF THE MEMBER IN CONNECTION WITH MEMBER'S USE OF www.searchsouthflorida.com IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.

WHILE www.searchsouthflorida.com IS CAREFUL TO PROTECT YOUR CREDIT CARD INFORMATION, THE NATURE OF THE INTERNET IS SUCH THAT ANY INFORMATION MEMBER SENDS COULD BE VIEWED WHILE IT IS IN TRANSIT. www.searchsouthflorida.com SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO MEMBER'S CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY MEMBER.

MEMBER AND www.searchsouthflorida.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO MEMBER.


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4.

Lawful Use Required.

 

(a)

Generally. www.searchsouthflorida.com may only be used for lawful purposes. Member agrees to use www.searchsouthflorida.com in accordance with all applicable federal, state, and local laws and the written policies and procedures of www.searchsouthflorida.com from time to time published (the "Procedures"). Transmission of any material in violation of any federal, state, or local law or regulation or the Procedures is prohibited. This includes, but is not limited to: (a) material that is fraudulent, threatening, harassing, vulgar, libelous, slanderous, defamatory, abusive, profane or obscene, (b) material that promotes, suggests or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, (c) material that contains expressions of bigotry, racism or hate, (d) material that contains any solicitation of funds or unsolicited "junk" mail or contains any advertisement of goods or services, except in areas specifically designated for such purpose, (e) technical data that may not be exported from the United States, (f) any transmission that might interfere with or disrupt networks or computers connected to www.searchsouthflorida.com, and (g) copyrighted material. Attempts to gain unauthorized access to the www.searchsouthflorida.com's (or other) computer systems are prohibited. Member may not (I) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person other than Member without authorization; or (iii) use a screen name that the www.searchsouthflorida.com, in its sole discretion, deems offensive. ANY VIOLATION OF THE FOREGOING PROHIBITIONS MAY RESULT IN THE TERMINATION OF MEMBER'S ACCOUNT AND MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

 

(b)

Internet Policies; No Spamming. www.searchsouthflorida.com makes use of the Internet to send and receive the Content and certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use www.searchsouthflorida.com for chain letters, junk mail, "spamming", the sale of securities, or any use of distribution lists to any person who has not given specific permission to be included in such a process.

 

(c)

Content Submitted by Member; Member's Representations. www.searchsouthflorida.com is not responsible for any content submitted by Member or for material submitted to www.searchsouthflorida.com in chat areas, forums, Talkback or electronic mail listings, through Member's membership account or by other members or for screening, editing or monitoring such material. Nevertheless, www.searchsouthflorida.com reserves the right (but is not obligated) to delete messages that it, in its sole discretion, deems to be in violation of the terms of this Agreement or otherwise unacceptable. MEMBER ASSUMES FULL RESPONSIBILITY FOR ALL MESSAGES POSTED BY MEMBER OR THROUGH MEMBER'S ACCOUNT. By transmitting information, files, materials, suggestions, ideas, drawings or concepts or other content (collectively, "Submissions") to www.searchsouthflorida.com, Member represents that such Submissions are Member's own ideas and work product, and Member hereby irrevocably grants to www.searchsouthflorida.com permission to use all or parts of Member's Submissions, , as if such Submissions were in the public domain, including modifying such Submissions or using them commercially. In addition, Member warrants that all moral rights in any uploaded or transmitted Submissions have been waived. Member acknowledges that any Submissions (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted, and displayed by the www.searchsouthflorida.com.

 
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5.

Participation in Promotions of Advertisers.

 

Member may enter into correspondence with or participate in promotions of the www.searchsouthflorida.com's advertisers showing their products on www.searchsouthflorida.com. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between the corresponding Member and such advertiser. www.searchsouthflorida.com assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.

 
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6.

Miscellaneous.

 

(a)

Right to Make Changes. www.searchsouthflorida.com reserves the right to change, without notice, certain aspects of www.searchsouthflorida.com, including but not limited to the Procedures, access procedures, hours of operation, menu structure, commands, documentation and services offered.  www.searchsouthflorida.com reserves the right at any time to charge fees for access to all or part of www.searchsouthflorida.com.   If at any time www.searchsouthflorida.com requires a fee for portions of www.searchsouthflorida.com that are now free (e.g., a domestic subscription fee), www.searchsouthflorida.com will give subscribers advance notice of such fees and the opportunity to cancel the account before such charges are imposed.  All new fees, if any, will be posted in the appropriate location on www.searchsouthflorida.com. Member shall pay all fees and charges incurred through Member's account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through www.searchsouthflorida.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by Member.

 

(b)

Indemnification. Member shall indemnify and hold harmless the www.searchsouthflorida.com, its parents, subsidiaries, affiliates, officers, employees, agents and licensors (and the officers, employees, agents and licensors of the www.searchsouthflorida.com's subsidiaries and affiliates), and each other content provider to www.searchsouthflorida.com against all costs, attorney's fees, damages, judgments, settlements, or other liability resulting from any claim, action, suit, or proceeding (I) for libel, slander, defamation, trade disparagement, infringement of trademarks, trade names, copyrights, or other intellectual property rights, violations of rights of privacy, illegal competition, or illegal trade practices caused by or arising out of use or access to www.searchsouthflorida.com by Member or through Member's account, (ii) that is inconsistent with any of the warranties, representations, covenants, or agreements made by Member, or (iii) that is caused by the activities, operations, or omissions of Member in the performance of this Agreement and the Member's use of www.searchsouthflorida.com. Member shall cooperate as fully as reasonably required in the defense of any claim. www.searchsouthflorida.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member. The www.searchsouthflorida.com's right to indemnification under this Section shall survive any cancellation or termination of this Agreement.

 

(c)

Member Responsible for Certain Taxes. Member shall be responsible for payment of all value added, local, state and federal taxes assessed in connection with this Agreement or use of www.searchsouthflorida.com. If www.searchsouthflorida.com is required to pay any taxes or fees allocable to Member, FIND IT LOCALLY will invoice Member for such amounts. Member is responsible for payment of such amounts and shall remit payment immediately upon receipt of such invoice, if any.

 

(d)

No Assignment; Successors. This Agreement and the rights set forth herein may not be assigned or otherwise transferred by Member (including transfer by operation of law) without the prior consent of the www.searchsouthflorida.com. This Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors, legal representatives, successors and assigns.

 

(e)

Severability; Waiver. If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. The failure of any party to exercise any right provided for herein shall not be a waiver of any rights hereunder.

 

(f)

Governing Law. This Agreement shall be governed by and construed under the laws of the state of Florida (excluding any conflicts-of-law rule or principle) and the Florida courts in Lee County shall have exclusive jurisdiction and venue, respectively, over any claim, suit, or proceeding arising out of this Agreement.

 

(g)

No Joint Venture/Partnership. Nothing in this Agreement shall be construed to create a joint venture or partnership between the parties.

 

(h)

Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all prior agreements, written or oral, between www.searchsouthflorida.com and Member relating to the subject matter of this Agreement.

 

(I)

Notices. Notices, consents, requests, demands, and other communications by Member hereunder shall be in writing and shall be deemed to have been duly given if delivered personally or by conventional mail if mailed by first class mail postage prepaid, addressed to www.searchsouthflorida.com at the address set forth below, or to such other address as www.searchsouthflorida.com may from time to time post on www.searchsouthflorida.com. Notices by www.searchsouthflorida.com to Member shall be given by electronic mail, by conventional mail, or by a general posting on www.searchsouthflorida.com. Member shall be responsible for regularly reviewing information posted on www.searchsouthflorida.com to obtain timely notice of such changes. MEMBER'S NON-TERMINATION OR CONTINUED USE OF www.searchsouthflorida.com AFTER CHANGES ARE POSTED CONSTITUTES ACCEPTANCE OF ANY SUCH CHANGES IN THIS AGREEMENT, THE PROCEDURES, OR www.searchsouthflorida.com AS MODIFIED BY THE POSTED CHANGES AND CONSTITUTES AGREEMENT BY MEMBER TO ABIDE BY AND BE BOUND BY THIS AGREEMENT AS AMENDED.

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