Terms of Use

INTRODUCTION

These terms and conditions govern your use of Caribbean Edge, an online information service operated by Caribbean Edge, Inc. By using this Site you consent and agree to the terms and conditions contained in this Agreement. If you are unwilling to accept the terms and conditions contained in this Agreement, please do not use this site.

COPYRIGHT INFORMATION

Content included on this Site, such as text, graphics, logos, color combinations, layout, button icons, and images, is the property of Caribbean Edge or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Caribbean Edge and/or its content suppliers and is protected by U.S. and international copyright laws. This Agreement does not transfer any right, title, or interest in the Site or the Content to you. Caribbean Edge and its Content suppliers retain all of its and their respective right, title and interest to the Site and Content.

USE OF CONTENT

Use of Content. The Content may be used as a personal informational resource. Specifically, you may download, view, copy and print Content only to the extent such activities are solely for your personal informational use. Any other use of the Content on this Site without our written permission is strictly prohibited.

EMAIL and FEEDBACK; USER INFORMATION

"User Information" is any information that you send or transmit via e-mail or other means to Caribbean Edge, its webmaster or employees or within a Forum (including, but not limited to, feedback, questions, comments, etc.). Caribbean Edge does not pre-screen User Information, and Caribbean Edge has the right (but not the obligation) to refuse or remove any User Information that is available through the Site in its sole discretion.

PROHIBITIONS

Under no circumstances may you:

Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);

Delete, modify or attempt to change or alter any of the Content on the Site;

Use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site;

Use any Caribbean Edge names, or marks without our prior written consent.

EXTERNAL LINKS; OTHER SITES' PRODUCTS, SERVICES AND CONTENT

The Site may provide links to web sites and access to content, products and services of third parties, Caribbean Edge is not responsible for (a) the availability of, and content provided on, other Sites, nor does inclusion of any link imply endorsement of the Other Site by Caribbean Edge, or vice versa; (b) third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); (c) any loss or damage of any sort you may incur from dealing with any third party; or (d) your dealings with any third parties found on or through the Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings.

MESSAGE FORUMS

Our message Forums are maintained as a convenience for public participation among our users. All contributions must conform with our requirements and policies as contained in this Agreement and otherwise posted on our Site. Contributions may not contain advertising. Users are individually liable for their own contributions and we expressly disclaim all responsibility or liability for any contributions. Posting a contribution constitutes consent to any further use of the contribution by us. We reserve the right to monitor the Forums and to modify or remove specific content that we deem a violation of our requirements and policies, but we have no obligation to do this.

DISCLAIMER

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Caribbean Edge EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Caribbean Edge MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (a) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (b) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (e) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

APPLICABLE LAW

This Site is owned and operated by Caribbean Edge in the State of Virginia, USA. As such, the laws of the State of Virginia will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our Site and these disclaimers, terms and conditions at any time.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Caribbean Edge OR ITS THIRD PARTY CONTENT AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING FROM: (a) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEB SITES, (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (c) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (d) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF Caribbean Edge WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify, defend and hold harmless Caribbean Edge, its affiliates, shareholders, directors, officers, co-branders, content providers, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys' fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content, your linking to the Site or your violation of this Agreement. This obligation will survive your use of the Site.

DISPUTE RESOLUTION

Any dispute arising out of or in connection with this Agreement or your use of any Content or this Site or your access to or links to this Site, shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in Virginia, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent (a) to the non-exclusive jurisdiction of the courts of Virginia for any action (1) to compel arbitration, (2) to enforce the award of the arbitrators or (3) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law.

Some jurisdictions may provide additional rights to consumers.

LIMITATION ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Caribbean Edge to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

GENERAL

If any provision of this Agreement is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement will remain in effect. Caribbean Edge' failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Caribbean Edge may assign its rights and duties under this Agreement without such assignment being considered a change to the Agreement and without notice to you. You may not assign this Agreement without the prior written consent of Caribbean Edge. This Agreement, the Privacy Statement, any operating rules, policies, or procedures that may be posted from time to time by Caribbean Edge on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in this Agreement and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in this Agreement will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

COPYRIGHT INFRINGEMENT

Some parts of Caribbean Edge contains content provided by 3rd parties. Caribbean Edge does not actively review the source of content provided by 3rd parties, and cannot be held responsible for such content. If you believe content on the Caribbean Edge site contains inaccurate information or infringes upon a copyright, please notify the editor of such content, and it will be removed.

In accordance with the Digital Millennium Copyright Act ("DMCA"), Caribbean Edge has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Caribbean Edge will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent (see our contact page on the upper lefthand side of this page). Click here to contact the copyright agent. When notifying us of the alleged copyright infringement, please include all of the following information:

a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

b) Identification of the copyrighted work claimed to have been infringed;

c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;

d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;

e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If material is believed in good faith by Caribbean Edge to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to any such material. If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with Caribbean Edge' . You may want to seek independent legal counsel before filing a notification or counter-notification.

ACKNOWLEDGEMENT

You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.

CONTACT INFORMATION

If you have any questions regarding this Agreement or the Site, please contact us.