BocaFrau.com Terms of Service

29may2012

 By accessing the BocaFrau.com web site and using the services on this site, you agree to be bound by the terms and conditions ("Terms") below. Please read these Terms carefully. If you do not agree to these Terms, do not access or use this web site. The BocaFrau.com web site is operated by Susan Kleiman. All references below to BocaFrau.com include Susan Kleiman.

BocaFrau.com may from time to time endorse or recommend the products of any particular advertiser, marketer or manufacturer for compensation. BocaFrau.com is not an agent of you or any participating advertising partner. The advertiser is solely responsible for its services to you, and you agree that BocaFrau.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use

Control over Features, Functions, and Access to the Service

 BocaFrau.com reserves the right to change any information, features and/or functions without prior notice. BocaFrau.com may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that BocaFrau.com determines, in its sole discretion, violate these Terms, the rights of BocaFrau.com or any third party, or is otherwise inappropriate. BocaFrau.com is not responsible for any errors or any technical problems beyond our reasonable control.

Disclaimers and Limitations

THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." BocaFrau.com EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BocaFrau.com MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS WEB SITE AND/OR BOCAFRAU.COM’S SERVICES IS AT YOUR OWN RISK. BOCAFRAU.COM AND/OR ITS PARTICIPATING ADVERTISERS OR ANY OF THEIR

 OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR BOCAFRAU’S.COM SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BocaFrau.com OR ITS PARTICIPATING ADVERTISERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF BOCAFRAU.COM, ITS PARTICIPATING ADVERTISERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity

As a condition of using this web site and/or the services offered herein, you agree to indemnify BocaFrau.com and its participating partners from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.

Links to Third Parties

This web site may contain links to other web sites operated by participating advertisers or other third parties. Such links are provided for your convenience and reference only. BocaFrau.com does not operate or control in any respect any information, software, products or services available on such third party sites. BocaFrau.com's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization unless Bocafrau.com has been explicitly compensated for such services as agreed to by its partner advertiser.

Dispute Resolution

 Any controversy or claim arising out of or relating to the use of the web site, to the goods or services provided by BocaFrau.com, or to any acts or omission for which you may contend BocaFrau.com is liable, including but not limited to any controversy or claim as to arbitrability ("Dispute"), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in Boca Raton, Florida and judgment on the arbitration award may be entered into any court of competent jurisdiction in Palm Beach County, Florida. No arbitrator shall have the power to award damages in connected with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND BOCAFRAU.COM WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. By using BocaFrau.com's service, you consent to these restrictions.

 In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and BocaFrau.com, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Palm Beach County,Florida. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms constitute the entire agreement between you and BocaFrau.com. These Terms shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by BocaFrau.com to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. BocaFrau.com may amend these Terms at any time by posting the amended terms on its web site. All amended terms are automatically effective immediately, upon posting.

Questions

You may direct any questions concerning these Terms to:

BocaFrau.com

 c/o Susan Kleiman

 621 NW 53rd St.

STE 240

Boca Raton, Florida 33487

  Copyright (c) 2012 BocaFrau.com. All rights reserved. Other product and company names mentioned herein, including the names of participating advertisers, may be the trademarks of their respective owners.