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TERMS OF USE

Introduction

The purpose of Domenic Aversa’s website is to provide online resources and necessary information to our client users. For both your protection and ours, we have established the following terms of use which we expect all our visitors, whether registered or not, to follow while on our website. Your continued use of this website means that you acknowledge these terms of use and agree to abide by them at all times. Because we reserve the right to modify these terms of use at any time without notice to you, please check them regularly.

Authorized Use of Site

Objective: This website is intended to be used for lawful purposes only by individuals age 18 or over seeking information.

License: For the purposes set forth above, Domenic Aversa grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the contents and services at the website. Unauthorized copying or duplication of the content, including but not limited to text, graphics, sounds, images, logos, button icons, videos and software that has been modified, merged and/or included on the Site and/or any compilation thereof (the “Content”) in any manner is expressly forbidden. You acknowledge that you may not sub license, transfer, sell or assign this license or the services received thereunder. Any attempt to sub license, transfer, sell or assign this license is null and void.

User Prohibitions

Company restrictions: Some groups may not be permitted to use the services of this website such as competing travel and tour companies who are not in any way affiliated with Domenic Aversa. Use of this service is at the discretion of Domenic Aversa.

Restricted Areas: Unauthorized access to registered areas of the website by non-registered users is prohibited. If you have a password allowing access to a non-public area of this website, you may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

Illegal Use of Site: Users may not use this website to transmit, distribute, store or destroy Content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Interference with Security: Users are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. Domenic Aversa will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses

Domenic Aversa prohibits any use of the website; and all users agree not to use the website for any of the following:

Deleting or revising any content posted by any other person or entity without permission from the user who posted such content.

Taking any action that imposes an unreasonable or disproportionately large load on this website’s infrastructure.

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.

Aggregating, copying or duplicating in any manner any of the Content or information available from this website.

Framing of or linking to any of the Content or information available from this Site.

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from this website and other than generally available third party Web browsers (e.g., Microsoft Internet Explorer, Google Chrome, Firefox Mozilla).

User Information

When you register for the website, you will be asked to provide certain information including, without limitation, a valid email address and/or your personal information. Please see our Privacy Policy for further details regarding your Personal Information. Your acceptance of these Terms of Use shall include your acceptance of the Company’s Privacy Policy.

User Submissions

Responsible Posting: As a user, you are responsible for your own communications and consequences of your postings. You must not, and by using this website, you agree not to, do any of the following:

Post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume.

Post any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity, which requires an upfront or periodic payment, pays commissions only requires recruitment of other members, sub-distributors or sub-agents.

Post Content that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it.

Post Content that reveals trade secrets, unless you own them or have the permission of the owner.

Post Content that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.

Post Content that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity.

Post any type of inappropriate and/or sexually-explicit language statement.

Post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post content that contains viruses, trojan horses, worms, time bombs, cancellous or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Post any hyperlinks to pages off of this website.  Domenic Aversa reserves the right to disable any hyperlinks when posted on this website.

License from User: By submitting any form of content (graphic, text, audiovisual, sound, etc.) to any public or non-public area of Domenic Aversa website, you grant the company and its affiliates the royalty-free, perpetual, irrevocable, sub licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the website retains any and all rights that may exist in such content. You acknowledge that if you participate in the Domenic Aversa online community information about you, including your name and the photograph associated with your profile, may be seen by other users. Domenic Aversa cannot guarantee that other users will not use the ideas and information that you share on the website. Therefore, you should not share information that you wish to keep private or confidential. DOMENIC AVERSA IS NOT LIABLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFMORATION THAT YOU POST ON THE WEBSITE.

Registration and Password

You will create a password during the registration process. You are responsible for maintaining the confidentiality of the password and your e-mail address, and you are fully responsible for all activities that occur under the auspices of your account. You are to (a) immediately notify us of any unauthorized use of your password or e-mail address or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

Ownership

Content on Domenic Aversa website is protected under United States copyright, trademark and/or other laws and is the property of the company and/or its content suppliers or clients. Unauthorized use of the content may violate copyright, trademark, and other laws. You may not sell or modify the content or reproduce, display, distribute, or otherwise use the content in any way for any public or commercial purpose, including but not restricted to the adaptation of the HTML code that the company creates to generate its pages. You shall not display, disparage, dilute, or taint our service mark or use any confusingly similar marks or use our mark in such a way that would misrepresent who the proper owner of such mark is. Any permitted use of our service mark by you shall inure to our benefit.

The Company’s Liability

Release from User-to-User Dealings: Because user authentication on the Internet is difficult, Domenic Aversa cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants at the website, in the event that you have a dispute with one or more users, you release Domenic Aversa; its agents and employees from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through Domenic Aversa website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this website.

User Conduct or Postings:  Domenic Aversa acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring content posted by users. If notified by a user of communications which allegedly do not conform to this Terms of Use, the company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Domenic Aversa has no liability or responsibility to users for performance or nonperformance of such activities. Domenic Aversa reserves the right to expel users and prevent their further access to the website for violating the Terms of Use or the law and the right to remove communications which are abusive, illegal, or disruptive. Domenic Aversa may take any action at any time with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the company, harm other users or may cause the company to lose (in whole or in part) the services of its ISPs or other suppliers.

Inaccuracies: The content may contain inaccuracies or typographical errors. Domenic Aversa makes no representations about the accuracy, reliability, completeness, or timeliness of this website and the content. The use of the website and the content is at your own risk. Changes are periodically made to the website by Domenic Aversa and may be made to any all postings at any time for any reasons as deemed appropriate. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any content placed by you on the website.

Limitation of Liability and Warranty

You agree that use of our website is entirely at your own risk. Our website and the services provided therein are provided “as is,” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted or error free access, or products provided through or in connection with the service, including without limitation our software or services licensed to you and the results obtained through the service (unless such warranties are legally incapable of exclusion). Specifically, we disclaim any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in-operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.

Our entire liability and your exclusive remedy with respect to the use of our services is the cancellation of your registration or one month paid subscription with us.

Neither we nor any of our agents, affiliates, co-branders, partners or content providers shall be liable for any direct, indirect or incidental damages, lost profits, or special or consequential damages arising out of use of the website or inability to gain access to or use the website whether based on breach of warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. You hereby acknowledge that the provisions of this section shall apply to all content and services on the website.

 Links to Other Sites

Domenic Aversa website provides links to third-party world wide Sites. Because we have no control over such third party websites, you acknowledge and agree that Domenic Aversa is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Domenic Aversa is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such website.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under this Term of Use. You also agree not to make any unauthorized commercial use of the website, including publishing and travel and tour companies without the express written approval of Domenic Aversa. Domenic Aversa reserves the right to immediately remove from the website such postings, or any other postings or content, without prior notice or notification.

Termination

Domenic Aversa reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from the website and immediate termination of your registration with or ability to access the website and/or any other service provided to you, upon any breach by you of these Terms of Use or if the company is unable to verify or authenticate any information you submit.

Indemnity

You agree to hold us and our affiliates, employees, contractors, officers, directors, co-branders, partners and content providers harmless from any and all claims, disputes and expenses, including attorney’s fees and court costs, related to your violation of this agreement, including the rules of conduct, or any information, software, files, messages or other content placed on our website by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to us in that matter.

Intended for Use in the United States Only

Domenic Aversa makes no claims that the content may be lawfully viewed or downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Additional Terms of Use

Certain areas of the website are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Termination of Service

You may terminate your right to use our website and services at any time by notification to us as set forth above. We may terminate your account or access rights to the website at any time, without notice, for conduct that we believe violates these Terms of Use or other policies or guidelines that we have posted on our website.

General Provisions

These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within California. If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term or condition of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the website, a particular “Legal Notice,” or software license or content on particular web pages, this Terms of Use constitutes the entire agreement between you and Domenic Aversa with respect to the use of the website. No changes to this Terms of Use shall be made except by our revised posting.

Your Acceptance of These Terms

By using the website, you signify your assent to Domenic Aversa Terms of Use and Privacy Policy. If you do not agree with this Terms of Use and/or our Privacy Policy, please refrain from using the website. Your continued use of the website following a reasonable notice of changes to this Terms of Use and/or our Privacy Policy will mean you accept the changes.