TERMS OF USE
The following Terms of Use outline your obligations when using this website, together with the services that are available through this website (“Website”). In conjunction with this Terms of Use, please review our Privacy Policy for a complete understanding of the policies which govern the use of this Website.

Acceptance of Terms
The terms and conditions set forth below (“Terms of Use”) govern your use of this Website.  These Terms of Use are a legal contract between you and JazzMedia, LLC (“JazzMedia”) and govern your access to, and your use of, the Website.  If you do not agree with any of these Terms of Use, do not access or otherwise use this Website or any information contained on this Website.  By using this Website, you agree to these Terms of Use.  This Website contains links to external sites, which sites are not governed by these Terms of Use, and JazzMedia does not take responsibility for the privacy practices or terms of use of any third party sites to which we link. We encourage you to review the privacy policies and terms of use of any such sites before you submit information there.  We reserve the right to change our Privacy Policy and our Terms of Use at any time, and changes will be effective immediately upon posting to the Website.  We encourage you to refer to our Privacy Policy and our Terms of Use on an ongoing basis to inform yourself of any such changes.  If any modification to our Privacy Policy and Terms of Use is unacceptable to you, you shall cease using this Website.  If you do not cease using this Website, you will be deemed to have accepted the modifications.

License to Use
JazzMedia provides content and services through this Website, including but not limited to, documents, text, information, data, products, news articles, illustrations, video/audio clips, logos, graphics and images (“Content”).  Content may be the copyrighted and/or trademarked work of JazzMedia or of other third party owners, licensors, creators or suppliers (“Third-Party Content”).  JazzMedia grants you a limited, personal, non-exclusive and non-transferable license to display the Content and Third-Party Content and to use the services of this Website solely for your personal use.  You acknowledge that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Content or Third-Party Content in any manner.   This license breaches immediately and automatically if you breach any of these Terms of Use.  Upon termination of this license, you agree to immediately destroy any downloaded or printed Content and Third-Party Content.  You acknowledge that you have no right, title or interest to this site or any of the Content or Third-Party Content.

Third-Party Content
Certain content may be provided by third party owners, licensors, creators or suppliers (”Third-Party Content”), which may be the copyrighted and/or trademarked work of the owner, licensor, creator or supplier.  You agree to only display the Third-Party Content on your personal computer for your personal use. You acknowledge and agree that you have no right to and shall not download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner, licensor, creator, or supplier of the Third- Party Content.  JAZZMEDIA DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD-PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third-Party Sites
This Website may provide, or third-parties may provide, links to other websites or resources that are not JazzMedia sites.  We have no control over such Websites and resources, and you therefore acknowledge and agree that we are not responsible for the availability of such Websites or resources, nor are we responsible or liable for any of the content, advertising, products or other materials on or available from such Website or resource.  You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in conjunction with use of or reliance on any such content, advertising, products or other materials on or through any such Website or resource.  Links to other Jazz Media sites are governed by separate Terms of Use and Privacy Policies which you should review before accessing these sites.

Limitation of Liability
IN NO EVENT SHALL JAZZMEDIA BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT, THIRD-PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS WEBSITE.  IN NO EVENT SHALL JAZZMEDIA BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY WITH RESPECT TO THE WEBSITE, OR ANY CONTENT, THIRD-PARTY CONTENT OR SUBMISSIONS FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING LOSS OF REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), EVEN IF JAZZMEDIA KNOWS THERE IS A POSSIBLITY OF SUCH DAMAGE.

Indemnity
You agree to defend, indemnify and hold JazzMedia, its parents, subsidiaries, customers, vendors and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees and costs, from any claim or demand made by any third party due to or arising out of or in connection with your access to the Website, use of the Website services, violation of the Terms of Use by you, or the infringement by you of any intellectual property.

Disclaimer of Warranties
Your use of this Website is at your own risk.  You release JazzMedia from all liability for you having acquired or not acquired Content, Third-Party Content or Submissions through the Website. The Website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. JazzMedia makes no representations concerning any Content, Third-Party Content or Submissions contained in or accessed through the Website.  JazzMedia will not be responsible or liable for the accuracy, timeliness, errors, omissions, copyright compliance, legality or decency of Content, Third-Party Content, or Submissions contained in or accessed through this Website, whether supplied by JazzMedia or other parties.
JAZZMEDIA MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES, ANY CONTENTS, THIRD-PARTY CONTENTS OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE CONTENT, THE THIRD-PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE CONTENT, THIRD-PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. JAZZMEDIA DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Local Laws / Export Control
JazzMedia controls and operates this Website from within the United States of America.  The Content, Third-Party Content and/or Submissions may not be appropriate or available for use in other locations. If you use this Website outside the United States of America, you are responsible for following applicable local laws.

Governing Law; Venue and Jurisdiction
By visiting or using the Website, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you JazzMedia or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Tampa, Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Tampa, Florida.

Arbitration
You and JazzMedia agree that, except as may otherwise be provided in regard to specific services on the Website in any specific terms applicable to such services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Use, the Website (including your visit or use of the Website) shall be final and binding arbitration, except that to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.  Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration shall be in Tampa, Florida, and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes).  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration or claim under these Terms of Use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user, and no class arbitration proceedings shall be permitted.  In no event shall any claim, action or proceeding by you related in any way to the Website (including your visit to or use of the Website) be instituted more than one (1) year after the cause of action arose.

Entire Agreement, Waiver, Severability
These Terms of Use constitute the entire agreement between you and JazzMedia regarding the use of this Website, superseding any prior agreements between you and JazzMedia relating to your use of this Website. The failure of the JazzMedia to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.