Terms of Use

Terms of Use
Last Updated: May 25, 2014

These Terms of Use apply to all websites, hereinafter "website", published, managed or curated by Expri Communications LLC (Expri Communications LLC is also referred to by use of "we" or "us" or "our" herein). By accessing the website (including by automated means), you accept these Terms of Use. This is a legally binding agreement between you and Expri Communications LLC; please read it carefully. The content of the website is published in the United States of America and persons who access the website agree to do so in accordance with applicable U.S. laws, these terms of use, the privacy policy and the trademarks notice.

GENERAL PROVISIONS

Expri Communications LLC respects your privacy. Please take a moment to review our Privacy Policy.

We invite you to bring to our attention any material on the website that you believe to be inaccurate. Please forward a copy of the material to our editorial team at email@expri.com along with an explanation of your objection. The web is an evolving medium. Expri Communications LLC may change these Terms of Use from time to time. By continuing to use the website after we post such changes, you agree to be bound by these Terms of Use, as modified. Expri Communications LLC may change, restrict access to, suspend, or discontinue the website, or any portion of the website, at any time. Incorporated by reference are all terms and policies of Google applicable to the website as same is hosted by Google and/or published via Google provided platforms (see: Google's Privacy Policy, Google Terms of Service, Blogger Content Policy).

PROVISION OF SERVICE AND RIGHT TO TERMINATE ACCESS

The content that appears on the website is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may, and do, appear from time to time. Therefore you should NOT rely on any such information being accurate, and any and all liability for such reliance is hereby disclaimed. Before acting on any information contained on the website, you should confirm the accuracy of any and all information by all other means including reliable 3rd party sources.

You understand and agree that the website is provided to you on an “as is” and “as available” basis. We disclaim all responsibility for the availability, timeliness, security, or reliability of the website, its content, or any feature or software included in the website.

We reserve the right to change, restrict access to, suspend, or discontinue the website, or any portion of the website, at any time, for any reason. We also reserve the right to deny access to the website or any features of the website to anyone who violates these Terms of Use or who, in our sole discretion or judgment, interferes with the ability of others to enjoy the website.

YOUR RIGHTS TO USE WEBSITE CONTENT
The website content is made available for your personal, noncommercial use only. All content and material on the website is the property of Expri Communications LLC and/or its licensors and/or other copyright owners indicated therein, and is protected by U.S. copyright laws, other copyright laws and international conventions. In addition, all titles, domain names, host names, and subdomains, are the exclusive trademarks of Expri Communications LLC.

Except as explicitly provided in these Terms of Use, you may not distribute, display, reproduce, perform, create derivative works from, or otherwise exploit any of the content or material on the website. You may not otherwise reproduce, store or distribute copies of any content or material found on the website, in any form (including electronic form), without prior written permission from the copyright owner. Requests for permission to reproduce or distribute content or material found on any website published, managed or curated by Expri Communications LLC should be emailed to email@expri.com. All content of the website is Copyright 1999-2015 Expri Communications LLC (and/or its licensors), all rights reserved, unless explicitly indicated otherwise.
You are free to establish a hypertext link to the website so long as the link does not state or imply that we sponsor, endorse, or are affiliated with you or your website. However, you may not, without our prior written permission, frame or inline link any of the content of our website, or incorporate into another website or other service any of our content, material or intellectual property.

REGISTRATION

To access and use certain features of the website, including our newsletters and our user comment features, you may be required to register and create a user profile. To register, you may provide personal information, such as your full name and a valid email address, and create a username and password. Once you are registered you can elect to provide additional information that will be associated with your account and your user profile. Our use of any information you provide is governed by the terms of our Privacy Policy.

You agree to provide accurate, current and complete information about yourself as prompted by the website's registration and user profile forms. You may not sell, share or otherwise transfer your registration information or user profile.

We reserve the right to reject or terminate use of any username that we deem inappropriate. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities (whether by you or by others) that occur under your user account. To protect against unauthorized access to your account, be sure to log out when you finish using the website. Do not disclose your password to any third party. If you believe your account or password has been compromised you should immediately change your password by logging into your account and accessing the “Change Password” feature. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security of which you become aware.

YOUR CONDUCT WHEN USING THE WEBSITE

The website may include a variety of features that allow users to interact with each other on the website and post content for display on the website. These features are intended to create a community where you can share and have conversations. While we reserve the right to monitor website content, it is up to our users to ensure that discussions on the website are polite and informative.

First and foremost, we ask that you treat other website users with respect. Language and content should be appropriate for a civil, adult discourse. Please respect the rights of others to their opinions; understand that there may be many other sides to every story. If you see something on the website that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment.

By participating in discussions, posting content to the website or otherwise accessing and using our website, you commit that you will not: use the website to impersonate any person or entity, or falsely misrepresent your affiliation with a person or entity; interfere with or disrupt any servers or networks used to provide the website or its features; use the website to engage in or to instigate or encourage others to engage in illegal activities or to cause injury or damage to any person or entity; gain unauthorized access to the website, or any account, computer system, or network connected to the website; use the website to post or transmit any unlawful, threatening, harassing, abusive, libelous, obscene, or pornographic content; use the website to post or transmit any information or content that violates or infringes on the rights of others, including information or content that invades the privacy or violates the right of publicity of any person or that is protected by copyright, trademark or other proprietary right, without permission; use the website to post or transmit any content or material that contains a virus or other harmful component; use the website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, unless we have authorized such use; gather for marketing purposes any email address or other personal information that has been posted by other users of the website; engage in personal attacks, harass or threaten another user, or deliberately disrupt the conversation; repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or use any automated mechanism to collect information from our website in any manner that fails to respect the Robots Exclusion Protocol.

YOUR RESPONSIBILITY FOR INFORMATION AND CONTENT YOU SUBMIT

You acknowledge that you are solely responsible for the user profile information, text, comments, and other information and content that you post on or submit to the website, or share with others using the website. By submitting or posting information or content to the website, you represent: (1) that you are 13 years of age or older; (2) that you are the owner of all content you submit or are making your posting or submission with the express consent of the owner; (3) that the content you post or submit will not violate or infringe on the rights of others; (4) that the information and content you post or submit will not violate the rights of, or cause injury to, any person or entity; and (5) that you will indemnify and hold harmless Expri Communications LLC, its directors, officers, managers, employees, owners, agents, representatives, vendors and licensors, from and against any liability of any nature arising out of related to any information or content that is displayed on or submitted via the website by you or by others using your username and password.

You alone are responsible for the information and content you post or submit to the website. We do not control the information or content that you or others may post or submit to or otherwise transmit through the website. You are responsible for creating backup copies of any information or content you submit or post to the website. We expressly disclaim any and all liability or responsibility for the deletion of, or the failure to store, display, or transmit, any information or content submitted by you.

You understand that we have no obligation to monitor any areas of the website through which users can supply information or content. However, we reserve the right, in our sole discretion, to screen user submissions and to edit, move, delete, and/or refuse to accept any submissions that in our judgment violate these Terms of Use or otherwise are unacceptable or inappropriate, whether for legal or other reasons.

OUR RIGHTS TO USE AND DISCLOSE CONTENT YOU SUBMIT

By submitting or posting content to the website, you are not giving up any ownership rights you otherwise have in such content. However, you grant us the right to display that content on the website, and you grant us, and anyone authorized by us, a perpetual, unrestricted, sublicenseable, royalty-free, nonexclusive license to reproduce, display, perform, distribute, and create derivative works based on such content, in any manner and in any media, as we see fit. In other words, you can do whatever you want with your submitted content and so can we. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or username, as we deem appropriate. You will not receive any compensation of any kind for the use of any content submitted by you.
We may preserve content submitted by you, and may also disclose such content if required to do so by law or if, in our judgment, such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms of Use; (c) to respond to claims that any content submitted by you violate the rights of third parties; or (d) to protect the rights, property, or personal safety of the website, us, our affiliates, our officers, directors, employees or representatives, our licensors, other users, and/or the public or anyone else.

DONATIONS

Contributions help fund the ongoing operational expenses but Expri Communications LLC is not a Section 501(c)(3) public charity eligible to receive tax-deductible charitable contributions.

If you choose to make a donation via the website, you will be required to supply information, which may include your full name, email address, credit card information and the like. You agree to provide accurate, complete, and current information. You are financially responsible for all donations made using your credit card; we will not be liable for any loss that results from the unauthorized use of your credit card, either with or without your knowledge.

TRADEMARKS AND SERVICE MARKS

The name of the website is a service mark of Expri Communications LLC; please review our trademarks notice for further information. The names of other products and services referred to on the website may be the trademarks or service marks of their respective owners. You may not use any trademark or service mark appearing on the website without the prior written consent of the owner of the mark.

COPYRIGHT INFRINGEMENT NOTIFICATION

This Copyright Infringement Notification applies to all websites published, managed, or curated by Expri Communications LLC.

If you believe there is content on any website published, managed, or curated by Expri Communications LLC, that violates copyright law, let us know. Specifically, send us an email to copyright@expri.com that includes substantially the following: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site; 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 service provider to locate the material; information reasonably sufficient to permit the service provider 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; 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; 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.

The notice should be sent to our designated agent by sending an email to copyright@expri.com. We may display a copy of your DMCA notice in place of the removed content.

Note: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. One company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys’ fees under this provision. See http://www.eff.org/cases/online-policy-group-v-diebold. In addition, “in order for a copyright owner to proceed under the DMCA with “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,” the owner must evaluate whether the material makes fair use of the copyright.” Lenz v. Universal, 572 F. Supp. 2d 1150, 1155 (2008). Expri Communications LLC reserves the right to review the allegedly infringing material and independently determine whether it is infringing.

Please also note that the information provided in this legal notice will be forwarded to the person who provided the allegedly infringing content. A copy of this legal notice may also be sent (with your personal information removed) to a third-party that may publish and/or annotate it for noncommercial research and educational purposes. 

Counter-Notification: What You Can Do If Your Content Was Removed

If you believe material you posted to a website published, managed, or curated by Expri Communications LLC was not infringing, you can submit a counter-notice. A counter-notification must include the following: identification of the specific URLs of material that Expri Communications LLC has removed or has disabled access; your full name, address, telephone number, and email address; the statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Expri Communications LLC is located, and will accept service of process from the claimant" (Expri Communications LLC is located in the Southern District of Florida); the statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

A scanned physical signature or a valid electronic signature is fine.

Please send your counter-notice via email to copyright@expri.com. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options.

After we send out the counter-notification, the claimant must then notify us within 10 business days that the claimant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the referenced website which is published, managed, or curated by Expri Communications LLC. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may, in our sole discretion, reinstate the material. Please also be advised that in appropriate circumstances we terminate repeat infringers.

LINKS TO THIRD-PARTY SITES

Throughout the website, we may provide links and pointers to websites maintained by third parties. Linking to such third-party sites does not imply an endorsement nor sponsorship of such sites, or the information, products or services offered on or through the sites. We do not operate or control, and are not responsible for, the quality, accuracy, timeliness, reliability or any other aspect of products, services or information that third parties may provide on or through the website or on websites we link to.

DISCLAIMERS AND EXCLUSION OF WARRANTIES

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF USE OF THE WEBSITE OR ANY INFORMATION OR CONTENT MADE AVAILABLE ON OR VIA THE WEBSITE IN TERMS OF ITS ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Your interactions with companies, organizations and/or individuals found on or through the website are solely between you and such companies, organizations and/or individuals. You agree that we are not, and will not be, responsible for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of the website, or between a user and any third party, we are under no obligation to become involved, and we are not and will not be responsible or liable for any claims or damages that may arise out of any such dispute.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE INFORMATION OR SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, EXPRI COMMUNICATIONS LLC, ITS SUBSIDIARIES AND AFFILIATES, ITS SUCCESSORS AND ASSIGNS, AND ITS LICENSORS AND LICENSEES, DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SERVICE OR SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES OF THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU ARE AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OR IN VIDEO FORM, OBTAINED BY YOU FROM THE WEBSITE, EXPRI COMMUNICATIONS LLC, OR THROUGH OR FROM THE SERVICES ON OR REFERENCED ON THE WEBSITE, SHALL CREATE ANY WARRANTY, EXPRESS OR IMPLIED. EXPRI COMMUNICATIONS LLC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL EXPRI COMMUNICATIONS LLC, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, VENDORS, CONTRACTORS, SERVICE PROVIDERS, OR AGENTS, BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT DAMAGES, ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR LIABILITY, IF ANY, WITH RESPECT TO ANY KIND OF LEGAL CLAIM ARISING OUT OF OR RELATED TO THE WEBSITE WILL NOT EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW OF SUCH STATE. SUBJECT TO OVERALL PROVISIONS IN THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXPRI COMMUNICATIONS LLC, ITS SUBSIDIARIES AND AFFILIATES, ITS SUCCESSORS AND ASSIGNS, AND ITS LICENSORS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR INDIVIDUAL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER TANGIBLE OR INTANGIBLE LOSS OR DAMAGES OF ANY KIND.

INDEMNIFICATION

You agree to indemnify and hold harmless Expri Communications LLC, its successors and assigns, its subsidiaries and affiliates, its licensors and licensees, and its directors, officers, managers, employees, members, agents, representatives, and owners, against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the website, violation of these Terms of Use by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you agree to provide us with such cooperation as is reasonably requested by us. We will make reasonable efforts to provide you with notice of any such claim, but our failure to provide such notice will not relieve you of these obligations.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between us and you with respect to your use of the website and supersede all previous and contemporaneous agreements and proposals, whether written or oral. This agreement is personal to you, is not intended to benefit any third party, and does not create any third party beneficiaries. You may not assign this agreement to anyone.

This agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. By using the website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Miami-Dade County, Florida, and any other forum chosen by Expri Communications LLC, in its sole discretion, in all disputes arising out of or relating to this agreement or use of the website. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the website or these Terms of Use, must be filed by you within one year after such claim or cause of action arose, or be forever barred.

Expri Communications LLC
contact: email@expri.com

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