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cardone.com Terms of Use

Effective Date:  August 31, 2017

These Cardone.com Terms of Use (“Terms of Use”) govern your access to and use of http://www.cardone.com (the “Site”).    The Site is operated by Cardone Industries, Inc. (Cardone”, “us” or “we”).  Cardone provides the Site, including all information, tools and services available via the Site, to you, the user, conditioned upon your acceptance of these Terms of Use. 

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

PRIVACY POLICY

Please review our Privacy Policy available via the Site for details about the information practices associated with this Site.

USE OF CONTENT

The Site, including but not limited to text, design, graphics, logos, icons, images, photography, downloads, interfaces, code, software, products, features and tools, and the design, selection and arrangement thereof and all intellectual property associated with the foregoing, but specifically excluding content provided by any third parties (collectively, the “Content”), is the property of Cardone or its licensors.  Upon your acceptance of these Terms of Use, Cardone grants to you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, use, copy, download and print the Content for your personal and non-commercial informational use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content.  Any other use of the Site or any Content, including but not limited to the modification, distribution, performance, broadcast, publication, licensing, reverse engineering or resale of, or the creation of derivative works from the Site or any Content, is expressly prohibited, unless you obtain the prior written consent of Cardone.  You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time.  Cardone may revoke this limited license at any time for any or no reason.  All rights not expressly granted are reserved by Cardone and its licensors.   You will not: (i) use any hardware or software intended to damage or interfere with the proper working of the Site; (ii) surreptitiously intercept any system, data or personal information from the Site; or (iii) interrupt or attempt to interrupt the operation of the Site in any way.  Cardone reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Cardone may be entitled at law or in equity.

PROHIBITED ACTIVITIES

You may not use any “deep link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.  You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to a Cardone server, or to any of the services offered on or through the Site, by hacking, password “mining,” or other illegitimate means. 

LINKS

The Site may contain links to other websites, some of which may be operated by Cardone and others of which may be operated or controlled by third parties (“Third Party Sites”).  These links are provided as a convenience to you and as an additional avenue of access to the information contained therein.  The inclusion of links to Third Party Sites is not, and should not be viewed, as an endorsement by Cardone of the Third Party Site or any content therein.  Different terms and conditions apply to your use of Third Party Sites. CARDONE HAS NO CONTROL OVER THE CONTENT OF THIRD PARTY SITES, AND ACCEPTS NO RESPONSIBILITY FOR THEM AND HEREBY DISCLAIMS ALL LIABILITY RELATED TO THEM.  IF YOU DECIDE TO ACCESS ANY THIRD PARTY SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH THIRD PARTY SITES. 

TRADEMARKS AND COPYRIGHTS

All trademarks, trade names, logos, images, service marks and trade dress displayed on the Site (collectively, the “Marks”) are the property of Cardone or its licensors, content providers or other third parties.  Nothing in these Terms of Use or on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of Cardone or the owner of the Mark.

DISCLAIMERS

YOU HEREBY AGREE THAT YOUR USE OF THE SITE, THE CONTENT, AND ANY OTHER SERVICES OR MATERIAL WE PROVIDE IN CONNECTION WITH THIS SITE IS AT YOUR SOLE RISK.  THE SITE AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.  WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME FOR ANY REASON.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARDONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO:  (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;  (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITE OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, OR OTHER MATERIALS RELATED TO THE SITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (III) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITE OR ITS CONTENT.  FURTHER, WE DO NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL CARDONE OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF CARDONE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”).  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CARDONE NOR ANY OF ITS SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH CARDONE IS TO DISCONTINUE YOUR USE OF THE SITE. 

IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS OF USE MAY NOT APPLY TO YOU.  IF CARDONE CANNOT LAWFULLY DISCLAIM LIABILITY TO YOU UNDER THIS LIMITATION OF LIABILITY, CARDONE WILL BE LIABLE TO YOU, IN THE AGGREGATE FOR ALL CLAIMS ARISING HEREUNDER, FOR LIQUIDATED DAMAGES NOT TO EXCEED $100.00 (“LIABILITY CAP”).  IN SUCH EVENT, YOU ACKNOWLEDGE AND AGREE THAT THE EXCLUDED DAMAGES FOR ALL CLAIMS ARISING HEREUNDER CANNOT BE CALCULATED WITH REASONABLE CERTAINTY. YOU FURTHER AGREE THAT THE LIABILITY CAP REPRESENTS (I) A REASONABLE APPROXIMATION OF THE EXCLUDED DAMAGES THAT YOU WILL SUFFER FOR ALL CLAIMS ARISING HEREUNDER AND THAT SUCH LIQUIDATED DAMAGES DO NOT CONSTITUTE A PENALTY, AND (II) THE EXCLUSIVE REMEDY TO YOU FOR EXCLUDED DAMAGES IN CONNECTION WITH ALL CLAIMS ARISING HEREUNDER. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE (INCLUDING ANY SERVICES PROVIDED ON THE SITE) OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

INDEMNIFICATION

You agree to indemnify and hold harmless Cardone, its affiliates and each of their respective officers, directors, shareholders, employees, contractors, agents, licensors, service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Losses”) arising out of or relating to (i) your use of the Site or its Content other than as expressly authorized in these Terms of Use; or (ii) claims arising from your fraud, intentional misconduct, criminal acts or gross negligence.  If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption. 

JURISDICTION AND APPLICABLE LAW

The laws of the Commonwealth of Pennsylvania shall govern these Terms of Use and your use of the Site, without giving effect to its conflict of laws provisions.  To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the Federal and Commonwealth courts located in Philadelphia, PA for any action or proceeding arising out of or relating to these Terms of Use.

GEOGRAPHIC RESTRICTIONS

Although the Site is designed for operation within North America, we recognize that it may be possible for you to obtain access to the Site from jurisdictions outside North America, and we may not have the practical ability to prevent such access.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION AS TO THE USE OF THE SITE OUTSIDE NORTH AMERICA OR COMPLIANCE OF THE SITE OR THESE TERMS OF USE WITH ANY APPLICABLE LAW.  IF YOU CHOOSE TO ACCESS THE SITE FROM OUTSIDE THE U.S., YOU DO SO AT YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH APPLICABLE LOCAL LAWS.

California Residents: Residents of the State of California have the right to request a list of all third parties to which we have disclosed certain information during the preceding year for the third parties’ direct marketing purposes. However, it is our policy to neither disclose PII, nor to sell such information to third parties for direct marketing purposes.

NO EXPORTING

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.

CHANGES TO THESE TERMS OF USE

Cardone reserves the right in its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on this Site.  It is your responsibility to check for any changes we make to these Terms of Use each time you use the Site or any portion thereof.  Revised terms will take effect five days after their publication on the Site and will apply only on a going-forward basis.  Your continued use of the Site after that point signifies that you accept the changes.

ENTIRE AGREEMENT

These Terms of Use and any policies or operating rules posted on the Site constitute the entire agreement and understanding between you and Cardone with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. 

WAIVER AND SEVERABILITY

No waiver by Cardone of any term or condition set forth in these Terms of Use shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cardone to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held to be unlawful, void or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

REMEDIES

At its option, Cardone may seek all remedies available to it in these Terms of Use, under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms of Use and any additional instructions, guidelines or policies issued by Cardone (including those posted on the Site). 

HOW TO CONTACT US

If you have any questions or comments about these Terms of Use or the Site, please contact us by e-mail at legaldept@cardone.com. 

You also may write to us at:

Cardone Industries, Inc.

Attention:  Office of General Counsel

5501 Whitaker Avenue

Philadelphia, PA 19124

U.S.A


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