TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 02/03/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with Keys
Lifestyle Marketing, also known as , located at 2011 Flagler Avenue, Key West, Florida 33040 and
our subsidiaries and affiliates, in association with the use of the website, which includes
keywestmarketplace.com, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website retail which has the following description:
This is a place to sell goods and services with the other members of the marketplace.
This website allows visitors to find what they need in Key West area.
Website visitors will be able to buy from the locals, pick it up or get it delivered the same day.
This marketplace also help finding new, used, refurbished, donated goods plus services.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as
"users" of the herein contained Services provided for the purpose of this TOS. Once an individual
register's for our Services, through the process of creating an account, the user shall then be
considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile applications and
that those applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of Keys Lifestyle
Marketing. At its discretion, Keys Lifestyle Marketing may offer additional website Services and/or
products, or update, modify or revise any current content and Services, and this Agreement shall
apply to any and all additional Services and/or products and any and all updated, modified or
revised Services unless otherwise stipulated. Keys Lifestyle Marketing does hereby reserve the
right to cancel and cease offering any of the aforementioned Services and/or products. You, as
the end user and/or member, acknowledge, accept and agree that Keys Lifestyle Marketing shall
not be held liable for any such updates, modifications, revisions, suspensions or discontinuance
of any of our Services and/or products. Your continued use of the Services provided, after such
posting of any updates, changes, and/or modifications shall constitute your acceptance of such
updates, changes and/or modifications, and as such, frequent review of this Agreement and any
and all applicable terms and policies should be made by you to ensure you are aware of all terms
and policies currently in effect. Should you not agree to the updated, revised or modified terms,
you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such Keys Lifestyle Marketing shall not assume any
responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store
user content, communication or personalization settings.
REGISTRATION
To register and become a "member" of the Site, you must be at least 18 years of age to enter into
and form a legally binding contract. In addition, you must be in good standing and not an
individual that has been previously barred from receiving 's Services under the laws and statutes
of the United States or other applicable jurisdiction.
When you register, may collect information such as your name, e-mail address, birth date,
gender, mailing address, occupation, industry and personal interests. You can edit your account
information at any time. Once you register with and sign in to our Services, you are no longer
anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may
be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,
Keys Lifestyle Marketing will have sufficient grounds and rights to suspend or terminate the
member in violation of this aspect of the Agreement, and as such refuse any and all current or
future use of Keys Lifestyle Marketing Services, or any portion thereof.
It is Keys Lifestyle Marketing's priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the parents of any child
under the age of 13 that permit their child or children access to the website platform Services
must create a "family" account, which will certify that the individual creating the "family" account is
of 18 years of age and as such, the parent or legal guardian of any child or children registered
under the "family" account. As the creator of the "family" account, s/he is thereby granting
permission for his/her child or children to access the various Services provided, including, but not
limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal
guardian's responsibility to determine whether any of the Services and/or content provided are
age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be
responsible for maintaining the secrecy and confidentiality of your password and for all activities
that transpire on or within your account. It is your responsibility for any act or omission of any
user(s) that access your account information that, if undertaken by you, would be deemed a
violation of the TOS. It shall be your responsibility to notify Keys Lifestyle Marketing immediately
if you notice any unauthorized access or use of your account or password or any other breach of
security. Keys Lifestyle Marketing shall not be held liable for any loss and/or damage arising from
any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other content,
whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of
the individual from whom the content originated. In short, this means that you are solely
responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made
available by way of the Services, and as such, we do not guarantee the accuracy, integrity or
quality of such content. It is expressly understood that by use of our Services, you may be
exposed to content including, but not limited to, any errors or omissions in any content posted,
and/or any loss or damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by .
Furthermore, you herein agree not to make use of Keys Lifestyle Marketing's Services for the
purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or
racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any officials, forum
leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with
an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally
have no right to pursuant to any law nor having any contractual or fiduciary relationship
with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or intellectual
rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Keys Lifestyle Marketing Services, servers and/or
networks that may be connected or related to our website, including, but not limited to, the
use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or other
securities exchange, that would include without limitation, the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, and any regulations having the force of
law;
l) providing informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States government as
a "foreign terrorist organization" in accordance to Section 219 of the Immigration
Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in the
aforementioned paragraphs.
Keys Lifestyle Marketing herein reserves the right to pre-screen, refuse and/or delete any content
currently available through our Services. In addition, we reserve the right to remove and/or delete
any such content that would violate the TOS or which would otherwise be considered offensive to
other visitors, users and/or members.
Keys Lifestyle Marketing herein reserves the right to access, preserve and/or disclose member
account information and/or content if it is requested to do so by law or in good faith belief that any
such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any
third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Keys Lifestyle Marketing, its
visitors, users and members, including the general public.
Keys Lifestyle Marketing herein reserves the right to include the use of security components that
may permit digital information or material to be protected, and that such use of information and/or
material is subject to usage guidelines and regulations established by Keys Lifestyle Marketing or
any other content providers supplying content services to Keys Lifestyle Marketing. You are
hereby prohibited from making any attempt to override or circumvent any of the embedded usage
rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or
exhibition of any information or materials supplied by our Services, despite whether done so in
whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of
the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use
of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical
or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data
which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Keys Lifestyle Marketing shall not lay claim to ownership of any content submitted by any visito,r
member, or user, nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for Keys Lifestyle Marketing the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of
Keys Lifestyle Marketing's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services is for the sole purpose of providing and promoting the specific area to
which this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Keys Lifestyle Marketing's sites, and shall
terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Keys Lifestyle Marketing's sites, the license provided to permit
to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services are for the sole purpose of providing and promoting the
specific area in which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Keys Lifestyle Marketing's sites
and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible
areas of Keys Lifestyle Marketing's sites, the continuous, binding and completely sublicensable
license which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said content, whether in whole or
in part, and the incorporation of any such Content into other works in any arrangement or
medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Keys Lifestyle Marketing's sites
are those such areas of our network properties which are meant to be available to the general
public, and which would include message boards and groups that are openly available to both
users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
Keys Lifestyle Marketing provides an area for our users and members to contribute feedback to
our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions")
to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed
or implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of ; and
e) is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Keys Lifestyle Marketing, our
subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees
made by any third party which may arise from any content a member or user of our site may
submit, post, modify, transmit or otherwise make available through our Services, the use of
Services or your connection with these Services, your violations of the Terms of Service and/or
your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit
for any commercial reason any part, use of, or access to 's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Keys Lifestyle Marketing may set up any such practices and/or
limits regarding the use of our Services, without limitation of the maximum number of days that
any email, message posting or any other uploaded content shall be retained by Keys Lifestyle
Marketing, nor the maximum number of email messages that may be sent and/or received by any
member, the maximum volume or size of any email message that may be sent from or may be
received by an account on our Service, the maximum disk space allowable that shall be allocated
o n Keys Lifestyle Marketing's servers on the member's behalf, and/or the maximum number of
times and/or duration that any member may access our Services in a given period of time. In
addition, you also agree that Keys Lifestyle Marketing has absolutely no responsibility or liability
for the removal or failure to maintain storage of any messages and/or other communications or
content maintained or transmitted by our Services. You also herein acknowledge that we reserve
the right to delete or remove any account that is no longer active for an extended period of time.
Furthermore, Keys Lifestyle Marketing shall reserve the right to modify, alter and/or update these
general practices and limits at our discretion.
MODIFICATIONS
Keys Lifestyle Marketing shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without
prior notice. In addition, we shall not be held liable to you or to any third party for any such
alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of keywestmarketplace.com, you may cancel or terminate your account, associated
email address and/or access to our Services by submitting a cancellation or termination request
to https://www.keywestmarketplace.com/user_feedbacks/new.
As a member, you agree that Keys Lifestyle Marketing may, without any prior written notice,
immediately suspend, terminate, discontinue and/or limit your account, any email associated with
your account, and access to any of our Services. The cause for such termination, discontinuance,
suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part
thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
keywestmarketplace.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your account, associated
email address and/or access to any of our Services.
The termination of your account with keywestmarketplace.com shall include any and/or all of the
following:
a) the removal of any access to all or part of the Services offered within
keywestmarketplace.com;
b) the deletion of your password and any and all related information, files, and any such
content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery of
such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Keys Lifestyle Marketing shall not be held responsible
or liable for any loss or damage of any nature or manner incurred as a direct result of any such
dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Keys Lifestyle Marketing or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the availability of
any such external sites or resources, and as such, we do not endorse nor are we responsible or
liable for any content, products, advertising or any other materials, on or available from such third
party sites or resources. Furthermore, you acknowledge and agree that Keys Lifestyle Marketing
shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be
a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on
any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Keys Lifestyle Marketing's Services and any
essential software that may be used in connection with our Services ("Software") shall contain
proprietary and confidential material that is protected by applicable intellectual property rights and
other laws. Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
Therefore, except for that which is expressly permitted by applicable law or as authorized by Keys
Lifestyle Marketing or such applicable licensor, you agree not to alter, modify, lease, rent, loan,
sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which
are based on Keys Lifestyle Marketing Services (e.g. Content or Software), in whole or part.
Keys Lifestyle Marketing herein has granted you personal, non-transferable and non-exclusive
rights and/or license to make use of the object code or our Software on a single computer, as
long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate
or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not to alter or change
the Software in any manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining unauthorized access to our
Services. Lastly, you also agree not to access or attempt to access our Services through any
means other than through the interface which is provided by Keys Lifestyle Marketing for use in
accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF KEYS LIFESTYLE MARKETING SERVICES AND SOFTWARE ARE AT
THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED
ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. KEYS LIFESTYLE MARKETING AND
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) KEYS LIFESTYLE MARKETING AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
KEYS LIFESTYLE MARKETING SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) KEYS LIFESTYLE MARKETING SERVICES OR SOFTWARE
SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE KEYS LIFESTYLE
MARKETING SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv)
QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR
SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY
SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF KEYS LIFESTYLE MARKETING SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU
SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY
LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM KEYS LIFESTYLE MARKETING OR BY WAY OF
OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT KEYS LIFESTYLE
MARKETING AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES
MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Keys Lifestyle Marketing (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other
third parties) from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out
of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase "Let the investor beware" is
appropriate. Keys Lifestyle Marketing's content is provided primarily for informational purposes,
and no content that shall be provided or included in our Services is intended for trading or
investing purposes. Keys Lifestyle Marketing and our licensors shall not be responsible or liable
for the accuracy, usefulness or availability of any information transmitted and/or made available
by way of our Services, and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Keys Lifestyle Marketing may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or any
which may be herein after developed. Any such notices may not be received if you violate any
aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of
this TOS constitutes your agreement that you are deemed to have received any and all notices
that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Keys Lifestyle Marketing
trademarks, copyright, trade name, service marks, and other Keys Lifestyle Marketing logos and
any brand features, and/or product and service names are trademarks and as such, are and shall
remain the property of Keys Lifestyle Marketing. You herein agree not to display and/or use in
any manner the Keys Lifestyle Marketing logo or marks without obtaining Keys Lifestyle
Marketing's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Keys Lifestyle Marketing will always respect the intellectual property of others, and we ask that all
of our users do the same. With regards to appropriate circumstances and at its sole discretion,
Keys Lifestyle Marketing may disable and/or terminate the accounts of any user who violates our
TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a
way that would constitute copyright infringement, or if you believe your intellectual property rights
have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner's behalf.
The Keys Lifestyle Marketing Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
Keys Lifestyle Marketing
Attn: Copyright Agent
2011 Flagler Avenue
Key West, Florida 33040
Telephone: 305 440 0529
Fax: 305 731 2125
Email: info@keyslifestylemarketing.com
CLOSED CAPTIONING
BE IT KNOWN, that Keys Lifestyle Marketing complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at keywestmarketplace.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Keys Lifestyle Marketing and shall
govern the use of our Services, superseding any prior version of this TOS between you and us
with respect to Keys Lifestyle Marketing Services. You may also be subject to additional terms
and conditions that may apply when you use or purchase certain other Keys Lifestyle Marketing
Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Keys Lifestyle Marketing with regard to the TOS
that the relationship between the parties shall be governed by the laws of the state of Florida
without regard to its conflict of law provisions and that any and all claims, causes of action and/or
disputes, arising out of or relating to the TOS, or the relationship between you and Keys Lifestyle
Marketing, shall be filed within the courts having jurisdiction within the County of Monroe County,
Florida or the U.S. District Court located in said state. You andK eys Lifestyle Marketing agree to
submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all
objections to the exercise of jurisdiction over the parties by such courts and to venue in such
courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Keys Lifestyle Marketing fail to exercise or enforce any right or provision of
the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of
this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein permanently
deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
2017 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Keys Lifestyle Marketing as follows:
Mailing Address:
Keys Lifestyle Marketing
2011 Flagler Avenue
Key West, Florida 33040
Telephone: 305 440 0529
Fax: 305 731 2125
Email: info@keyslifestylemarketing.com