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| USER
AGREEMENT |
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www.searchswfl.com
TERMS AND CONDITIONS OF SERVICE
The
www.searchswfl.com
website ("www.searchswfl.com"),
owned and operated by Cybercast, Inc.,
a Florida corporation, is provided to you ("Member")
under the terms and conditions of this searchswfl.com
Terms and Conditions of Service (this "Agreement")
and the Procedures (as defined below). www.searchswfl.com
reserves the right to change, modify, add or remove
portions of this Agreement at any time upon notification
to Member on www.searchswfl.com, by e-mail, or
by conventional mail. www.searchswfl.com may modify,
suspend, discontinue, or restrict the use of all
or any portion of www.searchswfl.com at any time
without notice. BY USING AND CONTINUING TO USE
www.searchswfl.com MEMBER AGREES TO BE BOUND BY
THIS AGREEMENT. BY CONTINUING TO USE www.searchswfl.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.
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General.
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(a)
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Registration
Data. In consideration for use of www.searchswfl.com, Member
agrees to: (I) provide certain current, complete,
and accurate information about Member as prompted
to do so by www.searchswfl.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.searchswfl.com
retains the right to terminate Member's membership
and rights to use www.searchswfl.com.
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(b)
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Limited
Disclosure of Registration Data.
Member grants www.searchswfl.com the right to
disclose to third parties Registration Data about
members and the membership of www.searchswfl.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.searchswfl.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.searchswfl.com; (iii) such disclosure
is necessary or appropriate to protect and defend
the rights or property of the www.searchswfl.com;
or (iv) such disclosure is required under exigent
circumstances to protect the personal safety of
its members or the public.
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(c)
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Proprietary
Rights to Content. Member acknowledges that all information displayed,
transmitted, or carried on www.searchswfl.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.searchswfl.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.searchswfl.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.searchswfl.com
and its advertisers, including the use Content
with advertising or other materials not specifically
authorized by www.searchswfl.com to be displayed
with the Content. Accordingly, www.searchswfl.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.
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(d)
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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.searchswfl.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.searchswfl.com
and/or the appropriate third party.
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(e)
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Non-Transferable
Account.
Access to the areas requiring registration on
www.searchswfl.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.
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(f)
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Hardware
and Software. Member is responsible for obtaining and maintaining,
at its expense, all hardware and software necessary
to connect to www.searchswfl.com.
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(g)
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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.searchswfl.com of any unauthorized
use of Member's account or any other breach of
security known to Member.
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(h)
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Compromised
Password.
www.searchswfl.com shall suspend access or change
access to www.searchswfl.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.
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(i)
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Connect
Charges. Member is responsible for the cost of any connect
or long- distance charges relating to its use
of www.searchswfl.com.
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2.
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Termination.
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Either
Member or www.searchswfl.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.searchswfl.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.searchswfl.com; (ii) terminate this
Agreement; and (iii) notify www.searchswfl.com
of such termination. Upon termination of this
Agreement, Member's right to use www.searchswfl.com
immediately ceases.
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3.
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Disclaimer
of Warranties; Limitation of Liability; Limitation
on Actions.
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ALL
ACCESS TO www.searchswfl.com IS PROVIDED ON AN
"AS-IS, AS AVAILABLE" BASIS. www.searchswfl.com
MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, IN CONNECTION WITH www.searchswfl.com
OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE
OR ADVERTISED OR SOLD THROUGH www.searchswfl.com
OR ANY SITE LINKED TO www.searchswfl.com. THERE
MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES
IN THE NEWS, and INFORMATION OR OTHER MATERIALS
AVAILABLE THROUGH www.searchswfl.com. www.searchswfl.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.searchswfl.com OR ANY SITE LINKED TO www.searchswfl.com
AND WITH RESPECT TO ANY INFORMATION OR GOODS THAT
ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH www.searchswfl.com
OR ANY SITE LINKED TO www.searchswfl.com.
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THE
www.searchswfl.com, ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS
(AND THE OFFICERS, EMPLOYEES, AGENTS AND LICENSORS
OF THE www.searchswfl.com’S SUBSIDIARIES AND AFFILIATES),
AND EACH OTHER CONTENT PROVIDER TO www.searchswfl.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.searchswfl.com'S
NEGLIGENCE OR OMISSION, EVEN IF www.searchswfl.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.searchswfl.com.
www.searchswfl.com MAKES NO WARRANTIES THAT MATERIALS
DOWNLOADED FROM www.searchswfl.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.searchswfl.com FOR DAMAGES TO
THE MEMBER SHALL BE STRICTLY LIMITED TO THE AMOUNT
PAID TO www.searchswfl.com BY OR ON BEHALF OF
THE MEMBER IN CONNECTION WITH MEMBER’S USE OF
www.searchswfl.com IN THE 12 MONTHS PRIOR TO THE
CLAIMED INJURY OR DAMAGE.
WHILE
www.searchswfl.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.searchswfl.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.searchswfl.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.
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Lawful
Use Required.
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(a)
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Generally. www.searchswfl.com may only be used for lawful purposes.
Member agrees to use www.searchswfl.com in accordance
with all applicable federal, state, and local
laws and the written policies and procedures of
www.searchswfl.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.searchswfl.com, and (g) copyrighted material.
Attempts to gain unauthorized access to the www.searchswfl.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.searchswfl.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.
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(b)
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Internet
Policies; No Spamming.
www.searchswfl.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.searchswfl.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.
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(c)
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Content
Submitted by Member; Member’s Representations. www.searchswfl.com is not responsible for any content submitted by
Member or for material submitted to www.searchswfl.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.searchswfl.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.searchswfl.com, Member represents that
such Submissions are Member’s own ideas and work
product, and Member hereby irrevocably grants
to www.searchswfl.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.searchswfl.com.
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5.
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Participation
in Promotions of Advertisers.
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Member
may enter into correspondence with or participate
in promotions of the www.searchswfl.com’s advertisers
showing their products on www.searchswfl.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.searchswfl.com
assumes no liability, obligation, or responsibility
for any part of any such correspondence or promotion.
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6.
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Miscellaneous.
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(a)
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Right
to Make Changes.
www.searchswfl.com reserves the right to change,
without notice, certain aspects of www.searchswfl.com,
including but not limited to the Procedures, access
procedures, hours of operation, menu structure,
commands, documentation and services offered.
www.searchswfl.com reserves the right at
any time to charge fees for access to all or part
of www.searchswfl.com. If at any time www.searchswfl.com
requires a fee for portions of www.searchswfl.com
that are now free (e.g., a domestic subscription
fee), www.searchswfl.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.searchswfl.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.searchswfl.com or by any
other vendor or service provider. All fees and
charges shall be billed to and paid for by Member.
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(b)
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Indemnification. Member shall indemnify and hold harmless the www.searchswfl.com,
its parents, subsidiaries, affiliates, officers,
employees, agents and licensors (and the officers,
employees, agents and licensors of the www.searchswfl.com’s
subsidiaries and affiliates), and each other content
provider to www.searchswfl.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.searchswfl.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.searchswfl.com.
Member shall cooperate as fully as reasonably
required in the defense of any claim. www.searchswfl.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.searchswfl.com's right to indemnification
under this Section shall survive any cancellation
or termination of this Agreement.
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(c)
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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.searchswfl.com.
If www.searchswfl.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.
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(d)
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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.searchswfl.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.
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(e)
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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.
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(f)
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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.
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(g)
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No
Joint Venture/Partnership.
Nothing in this Agreement shall be construed to
create a joint venture or partnership between
the parties.
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(h)
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Entire
Agreement. This Agreement contains the entire agreement of
the parties and supersedes any and all prior agreements,
written or oral, between www.searchswfl.com and
Member relating to the subject matter of this
Agreement.
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(I)
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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.searchswfl.com at the address
set forth below, or to such other address as www.searchswfl.com
may from time to time post on www.searchswfl.com.
Notices by www.searchswfl.com to Member shall
be given by electronic mail, by conventional mail,
or by a general posting on www.searchswfl.com.
Member shall be responsible for regularly reviewing
information posted on www.searchswfl.com to obtain
timely notice of such changes. MEMBER’S NON-TERMINATION
OR CONTINUED USE OF www.searchswfl.com AFTER CHANGES
ARE POSTED CONSTITUTES ACCEPTANCE OF ANY SUCH
CHANGES IN THIS AGREEMENT, THE PROCEDURES, OR
www.searchswfl.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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