Terms of Use
Welcome to the Internet site BARRYKAYE.COM. Read these Terms
of Use carefully before using BARRYKAYE.COM. By using BARRYKAYE.COM,
you agree to be bound by these terms of use. If you do not agree
to these terms of use, please exit this site. BARRYKAYE.COM
reserves the right, at its discretion, to modify, add or delete
portions of these terms at any time by posting updated terms
of use on BARRYKAYE.COM. Your continued use of this site following
the posting of updated terms of use will mean that you agree
to those changes.
DO NOT RELY ON THIS WEB SITE FOR LEGAL OR TAX
ADVICE. SEEK COUNSEL OF A LICENSED ATTORNEY IN YOUR JURISDICTION
FOR ANSWERS TO YOUR LEGAL PROBLEMS OR QUESTIONS.
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FRAMING
Framing is a format for web documents that divides the screen
into segments, each with a scroll bar as if it were a "window"
within the window. BARRYKAYE.COM does not allow framing of its
web site, or any page contained within BARRYKAYE.COM by any
other Internet web sites.
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PRIVACY
BARRYKAYE.COM values the privacy of its user. The collection,
use and disclosure of any personally-identifying information
about the user is described in and governed by this site's Privacy
Policy.
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INTERNET LINKING TO
BARRYKAYE.COM
BARRYKAYE.COM encourages and permits links to content on this
site. However, BARRYKAYE.COM is committed to the highest ethics
and standards in the presentation of this web site. Therefore,
the links to BARRYKAYE.COM should not (a) suggest that BARRYKAYE.COM
promotes or endorses any third party's causes, ideas, web sites,
products or services, or (b) use BARRYKAYE.COM content for inappropriate
commercial purposes. BARRYKAYE.COM reserves the right to withdraw
permission for any link.
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COPYRIGHT AND TRADEMARKS
The contents of BARRYKAYE.COM are protected by U.S. and international
copyright laws. You may not reproduce, distribute, transmit,
display, prepare derivative works, or perform any copyrighted
material on the BARRYKAYE.COM web site without the prior written
consent of BARRYKAYE.COM, except as provided in this paragraph.
You may copy and print a limited amount of content for your
personal, non-commercial use only, provided that you include
all copyright and other notices contained in the content and
that you do not modify the content. Any other use of BARRYKAYE.COM
content requires prior written permission from BARRYKAYE.COM.
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All trademarks, service marks, logos and trade
names, whether registered or unregistered, are proprietary to
BARRYKAYE.COM or to other companies where so indicated. You
may not reproduce, download or otherwise use any such trademarks,
service marks, logos or trade names without the prior written
consent of the appropriate owner thereof.
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DISCLAIMERS
UNLESS OTHERWISE SPECIFICALLY STATED, ALL MATERIALS ON BARRYKAYE.COM
ARE MADE AVAILABLE ONLY TO PROVIDE ACCESS TO OTHER LINKED SOURCES
AVAILABLE ON THE INTERNET. THE MATERIALS IN THIS SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, BARRYKAYE.COM DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BARRYKAYE.COM
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE HOSTING SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BARRYKAYE.COM
DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
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LIMITED LIABILITY
IN NO EVENT SHALL BARRYKAYE.COM, ANY THIRD PARTY PROVIDER, OR
ANY VENDOR BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT
FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE MATERIALS,
PRODUCTS, OR SERVICE) ARISING OUT OF OR RELATED TO THE SERVICE
OR THIS AGREEMENT, EVEN IF BARRYKAYE.COM OR SUCH THIRD PARTY
PROVIDER OR VENDOR HAS BEEN ADVISED OF OR IS OTHERWISE AWARE
OF THE POSSIBILITY THEREOF, EXCEPT AS LIMITED BY APPLICABLE
LAW. THE MAXIMUM AGGREGATE LIABILITY OF BARRYKAYE.COM FOR ALL
CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS
OF THE FORM OR CAUSE OF ACTION, SHALL BE ONE HUNDRED U.S. DOLLARS
(U.S.$100). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT
APPLY TO USER. USER MAY BRING NO ACTION REGARDLESS OF FORM ARISING
OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CAUSE
OF ACTION HAS ACCRUED.
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LINKING DISCLAIMER
The links to the external, third party sites are NOT under the
operation or control of BARRYKAYE.COM in any way. The third
party, external materials and sites are provided "AS IS"
and without warranties of any kind either express or implied
including, but not limited to, implied warranties of merchantability
and fitness. BARRYKAYE.COM makes no warranties, either express
or implied, concerning the accuracy, completeness, reliability
or suitability of the information obtained by the user through
linking to the external sites.
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While every effort is made to keep the links
up to date and to provide accurate, timely and appropriate information,
BARRYKAYE.COM makes no assurances, and assumes no responsibility
regarding the accuracy, functionality or completeness of the
information. BARRYKAYE.COM does not endorse the content or control
the policies of the outside sites, and is not responsible or
liable for the content or policies of these sites. BARRYKAYE.COM
does not warrant or assume any responsibility regarding the
use or the results obtained by using the third party, external
materials and sites with regard to their correctness, accuracy,
timeliness, reliability, or any other issue.
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JURISDICTIONAL AGREEMENT
This web site (excluding third party linked sites) is controlled
by BARRYKAYE.COM in the State of Florida, United States of America.
By accessing this web site, user and BARRYKAYE.COM agree that
all matters relating to user's access to, or use of, this web
site shall be governed by the statutes and laws of the State
of Florida, and the federal laws of the U.S.A., without regard
to the conflicts of laws principles thereof. The application
of the United Nations Convention of Contracts for the International
Sale of Goods, and the model Uniform Computer Information Transactions
Act approved by the National Conference of Commissioners on
Uniform State Laws (as enacted and/or modified into any state
law in the U.S.A.), are expressly excluded and shall not apply.
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User and BARRYKAYE.COM also agree and hereby
submit to the exclusive personal jurisdiction and venue of the
State courts in Palm Beach County, Florida, with respect to
all matters relating to user's access to or use of this web
site or any Product, Material or Service. The parties consent
to such jurisdiction and venue.
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SEVERABILITY; INTEGRATION
This Terms of Use agreement constitutes the entire agreement
between BARRYKAYE.COM and the user with respect to this web
site and supersedes all prior or contemporaneous communications
and proposals, whether oral, written, or electronic, between
you and BARRYKAYE.COM with respect to this web site. If any
part of this agreement is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intent of
the parties reflected in this Terms of Use agreement, and the
remaining portions shall continue in full force and effect.
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CHANGES TO THIS AGREEMENT
BARRYKAYE.COM may revise this Terms of Use agreement at any
time without notice. Although BARRYKAYE.COM will endeavor to
highlight any changes to this agreement, you should revisit
this site periodically to make sure you are aware of the most
recent terms, because they will be binding on you. Your use
of the site after such changes constitutes your agreement to
such changes.
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If you have any questions
or complaints regarding this Terms of Use Statement, please
contact jjhelp@barrykaye.com
and someone will respond promptly to your inquiry.
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