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Terms of Service

* Please review the following terms and indicate your agreement bellow.

Terms of Service of TheGorb, Inc.
These Terms of Service ("ToS" or "Agreement") govern your use of this Website and the services provided by TheGorb, Inc., ("TheGorb") at or through www.TheGorb.com ("the Website") or any of our sub-domains or affiliated sites (all collectively referred to as "the Service").
By accessing or using the Website or using any service available from or through TheGorb, you agree to be legally bound by the terms and conditions of this agreement and our Privacy Policy, without any modification.  If you do not agree to be bound by this Agreement, do not use the Website or access our services. Should you object to any term or condition of this ToS, any guidelines, or any subsequent modifications thereto or should you become dissatisfied with the Service or terms in any way, your sole recourse is to immediately discontinue use of this Website and of TheGorb’s services. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 
By your continuation on the Website or in using the services from TheGorb, you warrant that you have fully read, agreed with and accepted all of the terms and conditions contained in this Agreement and in our Privacy Policy. As a condition of the use of TheGorb’s Website and services you agree to also access and read the information contained in any other pages and web sites referred to in this document, as they may contain further terms and conditions that apply to you as a user of TheGorb's services. Note that underlined words and phrases are links to these pages and Websites.

Eligible Users

The Website, and the services offered by TheGorb, are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website and TheGorb's services are not available to persons under the age of 18. If you are under the age of 18, you can use the Website only in conjunction with and under the supervision of your parents or legal guardians. If you are under the age of 18, by accessing the Website you represent that your parents have agreed to the terms and conditions of this Agreement. We request that you not use our Website if you do not qualify. 
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist parents in limiting access to material that is harmful to minors.  See, for example: http://www.consumersearch.com/www/software/parental-control-software/index.html;  http://www.pcmag.com/category2/0,1874,1639158,00.asp, etc.

Termination; Breach

Without limiting TheGorb's other remedies, TheGorb may, in its sole and absolute discretion, limit your activity on the Website, immediately block or remove your postings, warn our Website community of your actions, issue a warning to you, temporarily or indefinitely suspend or terminate your account and refuse to provide our services to you. For instance, and without limitation or obligation, such action may be taken if you violate the terms of this Agreement or the documents incorporated by reference, if we cannot verify or authenticate any information you provide to us or if we believe that your actions may cause financial or legal harm or liability for us or others. 
Information You Provide to the Website

3. CONTENT
You agree that all ratings, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated.  You, and only you, are responsible for all Content that you post, email or otherwise make available via the Service. You understand that TheGorb does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and Content available through the Service may contain links to other websites, which are completely independent of TheGorb. TheGorb makes no representations or warranties as to the accuracy, completeness or authenticity of the information contained in any such sites. Your linking to any other websites is at your own risk. You agree that you solely bear all risks associated with the use or posting of any Content; that you may not rely on TheGorb as to such Content; and that under no circumstances will TheGorb be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that TheGorb acts solely as a passive conduit for online distribution and publication of information and shall not be treated as a publisher or speaker or any information provided by any of its users, members or other information Content provider. 
By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to TheGorb an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, such Content including any moral rights, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant TheGorb all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, performance, or exploitation of the Content by any other party for any purpose.

You warrant and agree that your activities on the Website and all Content you provide shall not be false, inaccurate or misleading, be fraudulent, infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, violate any law, statute, ordinance or regulation, be defamatory, libelous, unlawfully threatening or unlawfully hassling, be obscene or contain child pornography, contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or create liability for us or cause us to lose (in whole or in part) the services of our providers or suppliers. In addition to the above, you agree that you will not take any other actions that may undermine the integrity of our services. Solely to enable TheGorb to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights in whatever existing or future form such Content may be exercised or displayed  and to sublicense those rights in such Content, in any media now known or not currently known, with respect to such Content.

Removal of Postings 
You understand and agree that TheGorb has the right, but not the obligation, in its sole discretion to refuse, block, delete or move any Content on the Service, including Yours, for any reason or no reason, with or without notice and with no liability of any kind. 
Without limiting the foregoing, and subject to, and without waiver of, any of the legal disclaimers and limitations on any liability set forth elsewhere in this Agreement, TheGorb, may at its absolute discretion remove Content provided by users or other third parties, and terminate or suspend your rights to use the Service for violation of the Rules of Use set forth below.

Rules of Use
Users agree to comply with the following rules and understand and agree that if they fail to do so, their privilege to continue to use the Service may be suspended or terminated by TheGorb, in its sole discretion, and that posts which violate these rules may be blocked or removed:

(1) Postings shall not contain profanity, vulgarity or obscenity; 
(2) Postings shall not contain adult material, including but not limited to graphic images, written images or links thereto; 
(3) Postings shall not contain private information such as medical records, financial records or social security numbers of other persons or users; 
(4) Postings shall be of the type for which the Website is intended, which is as a forum for honestly rating other Internet users; 
(5) Users submitting postings shall not use false or spoofed contact information; 
(6) Postings shall not contain references to fictitious users; 
(7) Users shall not post multiple copies of the same posting; 
(8) Postings about an user shall not be made by an immediate family member of the user being reviewed; 
(9) Postings shall not contain email communications between any parties; 
(10) Postings shall not violate or infringe another person’s intellectual property or other proprietary rights.
(11) Postings shall not contain, promote or otherwise serve in furtherance of acts of violence, hate crimes, acts of terror, blackmail, extortion, death threats, or ransom demands.

If you believe that a user has posted material which meets one of the above conditions, you may contact us by email or write to us at the address provided below.
In addition to removal, blocking or deletion of postings for violation of the Rules of Conduct, TheGorb may remove, block or delete postings where:

(1) TheGorb is presented with a facially valid court order from a court of competent jurisdiction ordering the removal of the posting; 
(2) TheGorb is presented with a facially valid court order from a court of competent jurisdiction finding that the posting is libelous, slanderous or otherwise defamatory or illegal; 
(3) TheGorb is presented with a settlement agreement, resolving a dispute between the user authoring the posting and any third party(ies) complaining about the posting, mandating that the posting be removed; or 
(4) A user complains about the information contained in a posting, and provides clear and convincing evidence that such posting is false or fraudulent and was posted solely for malicious purposes.

Complaints About User Postings 
The Website is intended as a self-balancing forum for free and honest expression, and users are solely responsible for the Content they provide. TheGorb does not monitor, and is not responsible, for the Content in user postings. However, if you believe that a user has posted material which is clearly inaccurate, false or fraudulent and was posted solely for malicious purposes, you may contact us at the address below.  If an user complains that a posting is false or fraudulent and malicious (condition #4 above), that user shall provide a statement under penalty of perjury that the information contained in the posting is in fact false or fraudulent and submit to TheGorb documentation in support of such assertion.  TheGorb may then collect information from both the complaining user and, if feasible, from the user authoring the posting and may, in its sole and absolute discretion, thereafter remove the posting based on the information provided if TheGorb believes there is clear and convincing evidence that such posting is false or fraudulent and that it was posted solely for malicious purposes. Alternatively, TheGorb may allow the original posting to remain on the Website but allow the complaining user to post a commensurate response to the original posting explaining his/her/its position which will accompany the original posting.  Users agree that in no case shall TheGorb be liable in any way or to any person for its discretionary decision to block or remove such postings or to fail or refuse to block or remove a posting hereunder. If there is a dispute between users on this site, or between users and any third party, you understand and agree that TheGorb is under no obligation to become involved. In the event that you have a dispute with any other users or third parties, you hereby release TheGorb, its officers, employees, agents and successors in rights from any and all claims, demands and damages (including, without limitation, actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California (which states "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.") or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

Copyright Infringement 
We respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Website, please read the following information for filing or responding to a notice of infringement.

Notification 
To file a copyright notice with us, the owner of the copyrighted work or a person authorized to act in the copyright owner’s behalf, must send a written communication by regular mail or email that sets forth the items specified below. 
Please use the following format:

(1) Identify in sufficient detail the material that you believe has been infringed. You should also try to provide screen shots or URLs to a site where the copyrighted work(s) at issue can be viewed, if available online.
(2) Identify the material that you claim is infringing the material listed in item #1 above and which you are seeking to have removed or blocked, including all information reasonably necessary to enable us to locate the material. 
(3) Provide information reasonably sufficient to permit us to contact you such as an address and telephone number (e-mail address is preferred). 
(4) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the Content that allegedly contains infringing material. 
(5) Include, if true, the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law." 
(6) Include, if true, the following statement: "The information in the notification is accurate and, under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 
(7) Sign the paper and mail it, or scan and email it as a .pdf attachment, to our Copyright Agent.  If sent via email, the Subject Line should state "DMCA Copyright Notification" and must be emailed to the Copyright Agent’s email address shown below.

Counter-notification

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the user or person posting the Content so that they may make a counter notification.  The user(s) who posted the Content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question. 
To file a counter notification with us, you should provide a written communication by regular mail or email that sets forth the items specified below.

(1) Identify the specific URLs and provide screen shots of material that we have removed or to which we have disabled access. 
(2) Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Southern District of Florida if your address is outside of the United States), and that you will accept service of process from the person who provided notification to us of the infringement or an agent of such person. 
(3) Include, if true, the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." 
(4) Sign the paper. 
(5)  Send the signed paper by regular mail, or scan and email it as a .pdf attachment, to our Copyright Agent. If sent via email, the Subject Line should state "DMCA Copyright Counter-Notification" and must be emailed to the Copyright Agent’s email address shown below.

Our Copyright Agent may be reached as follows:

By mail: 
Copyright Agent:
TheGorb, Inc. 1921 NW 82nd Ave., Miami, FL 33178 
By e-mail: legal@TheGorb.com

Copyright and Trademark Notices 
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TheGorb. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of TheGorb, and agree to abide by any and all copyright notices displayed on the Service. 
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
TheGorb and the TheGorb logo are trademarks of TheGorb, Inc. Other product, service and company names and marks mentioned on the Website or in connection with our services are the trademarks or service marks or trade names of their respective owners. Unauthorized use of the Website or our services and/or the materials contained on the Website may violate applicable copyright, trademark or other intellectual property or other laws.

DISCLAIMER OF WARRANTIES

THE WEBSITE (INCLUDING ANY INFORMATION ON IT) AND THE SERVICES OFFERED BY THEGORB ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THEGORB SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THE WEBSITE. We do not guarantee continuous, uninterrupted or secure access to TheGorb Services, and operation of the Website may be stopped due to factors outside our control. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. 
TheGorb is constantly seeking to improve its products and services and reserves the right to make such improvements or changes to the Website, the materials, products or services posted in the Website without prior notice as it deems necessary. 
As a convenience to you, TheGorb may provide links to Websites operated by others. TheGorb makes no representations about Websites accessed from the Website, which are not maintained, controlled or created by TheGorb. TheGorb does not endorse any linked Websites or the information appearing thereon. Links do not imply that TheGorb is affiliated with or associated with such linked Websites, their owners or operators, or any related companies. 
The Website acts as a venue to allow you and others to post and review comments about other Internet users. TheGorb is not involved in the actual reviewing of users; users review each other using the Website. Please be advised that neither TheGorb, nor any affiliated persons or entities, is in a position to investigate, censor or otherwise ensure the quality, legality, truth or accuracy of any Content posted or generated by users of the Website, and therefore is not responsible in any way for such Content provided by users or other third parties. To the contrary, many of the users are of unknown identity and have no relationship or privity with TheGorb. TheGorb cannot and does not confirm each user's purported identity. Therefore, TheGorb expressly disclaims, on behalf of itself and any affiliated persons or entities, any warranty, guarantee or responsibility with respect to the genuineness, completeness or lawfulness otherwise of any Content provided. TheGorb disclaims, on behalf of itself and any related persons or entities, any warranty, guarantee or responsibility with respect to any Content or other information submitted or posted, including but not limited to any passwords that you provide. TheGorb further expressly disclaims, on behalf of itself and any related persons or entities, any warranty, guarantee or responsibility with respect to such user or third party Content as related to, among other things, intellectual property rights, copyright or trademark infringement, defamation, libel, slander, invasion of privacy or criminal or tortious activities. Each of the Website's users and third parties acknowledge, by using the Website, that he/she/it is fully responsible and liable for his/her/its Content, and neither TheGorb nor any affiliated persons or entities is the guarantor or indemnitor of any such party.

LIMITATION OF LIABILITY 
IN NO EVENT SHALL THEGORB, OUR SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OUR SERVICES, ANY CONTENT OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING WITHOUT LIMITATION NEGLIGENCE. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY AND (B) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you if you reside in one of those states.

Indemnity 
You agree to indemnify and hold harmless TheGorb, its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), and the officers, directors, employees, agents and representatives of any of them from any an all claims, demands, actions, causes of action, suits, sums of money, judgments, controversies and liabilities whatsoever, at law or in equity, including reasonable attorneys' fees, arising from or in any way resulting from your use of the Website or our Services.

No Agency 
You and TheGorb are independent contractors, and no agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship shall be deemed to exist, or is intended to exist by this Agreement.

Resolution of Disputes 
You agree that in the event a dispute arises concerning your use of the Website or any other program or service offered by TheGorb, that such dispute shall be resolved by arbitration. Unless the parties specifically agree otherwise in writing, such arbitration shall be binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Further, you agree that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party. You agree that all arbitration proceedings will be conducted in Miami-Dade County, Florida. You further agree that any interim or preliminary relief sought shall be brought in a court of competent jurisdiction in Miami-Dade County, Florida.

Governing Law 
You agree that this Agreement shall be governed in all respects by federal law or the laws of the State of Florida without regard to its conflict rules.

Survival 
In the event one part of this Agreement is found to be invalid or unenforceable, such provision shall be struck and the other provisions shall remain valid and enforceable provided that doing so does not render the Agreement meaningless or of no value.

Waiver 
TheGorb's failure to act with regard to a breach by you or others of this Agreement does not waive our right to act with respect to subsequent or similar breaches.

Amendment 
TheGorb may amend this Agreement at any time by posting the amended terms on the Website. All amended terms shall automatically be effective five days after they are initially posted on the Website. This Agreement is effective on February 27, 2007 for all TheGorb Website and Services users.

Contact Us 
You can direct any questions concerning this Agreement to us at the following addresses: 
Via E-mail: legal (at) TheGorb.com 
Via U.S. or International Mail:  TheGORB, Inc. 1921 NW 82nd Ave., Miami, FL 33178

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