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GOVERNING LAW AND JURISDICTION
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. BY USING THIS SITE, YOU HEREBY AGREE THAT ANY AND ALL DISPUTES REGARDING THESE TERMS WILL BE SUBJECT TO THE FEDERAL, STATE AND LOCAL COURTS IN FLORIDA. THESE TERMS OPERATE TO THE FULLEST EXTENT PERMISSIBLE BY LAW. IF ANY PROVISION OF THESE TERMS IS UNLAWFUL, VOID OR UNENFORCEABLE, THAT PROVISION IS DEEMED SEVERABLE FROM THESE TERMS AND DOES NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

CHANGES TO THESE TERMS OF USE
DON JUAN’S SHALL HAVE THE RIGHT AT ANY TIME TO CHANGE THE TERMS OF THESE TERMS, OR CHANGE THE WEB SITE, INCLUDING ELIMINATING OR DISCONTINUING ANY CONTENT OR FEATURE OF THE WEB SITE, RESTRICTING THE HOURS OF AVAILABILITY, OR LIMITING THE AMOUNT OF USE PERMITTED. SUCH CHANGES, MODIFICATIONS, ADDITIONS, OR DELETIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE THEREOF, WHICH MAY BE GIVEN BY MEANS INCLUDING, BUT NOT LIMITED TO, POSTING ON THE WEB SITE, OR BY ELECTRONIC MAIL, OR BY CONVENTIONAL MAIL. YOUR USE OF THE WEB SITE AFTER SUCH NOTICE SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES, MODIFICATIONS, ADDITIONS, OR DELETIONS. YOU ARE EXPECTED TO REVIEW THESE TERMS PERIODICALLY TO ENSURE FAMILIARITY WITH THE MOST CURRENT VERSION.

NO PARTNERSHIP
BOTH YOU AND DON JUAN’S ACKNOWLEDGE AND AGREE THAT NO PARTNERSHIP IS FORMED AND NEITHER OF YOU NOR DON JUAN’S HAS THE POWER OR THE AUTHORITY TO OBLIGATE OR BIND THE OTHER. THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND DON JUAN’S , AND IS ACCEPTED BY YOU UPON YOUR USE OF THE WEB SITE. THESE TERMS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND DON JUAN’S REGARDING THE USE OF THE WEB SITE.

NO WAIVER
THE FAILURE OF DON JUAN’S TO COMPLY WITH THE TERMS OF USE BECAUSE OF AN ACT OF GOD, WAR, FIRE, RIOT, TERRORISM, EARTHQUAKE, ACTIONS OF FEDERAL, STATE OR LOCAL GOVERNMENTAL AUTHORITIES OR FOR ANY OTHER REASON BEYOND THE REASONABLE CONTROL OF DON JUAN’S, SHALL NOT BE DEEMED A BREACH OF THESE TERMS. IF DON JUAN’S FAILS TO ACT WITH RESPECT TO YOUR BREACH OR ANYONE ELSE'S BREACH ON ANY OCCASION, DON JUAN’S IS NOT WAIVING ITS RIGHT TO ACT WITH RESPECT TO FUTURE OR SIMILAR BREACHES. IF ANY PROVISION OF THESE TERMS OF USE SHALL BE UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THESE TERMS OF USE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

HEADINGS
THE HEADINGS IN THESE TERMS ARE FOR YOUR CONVENIENCE AND REFERENCE. THESE HEADINGS DO NOT LIMIT OR AFFECT THESE TERMS. THESE TERMS, TOGETHER WITH THOSE ITEMS MADE A PART OF THESE TERMS BY REFERENCE, MAKE UP THE ENTIRE AGREEMENT BETWEEN US RELATING TO THE WEB SITE, AND REPLACES ANY PRIOR UNDERSTANDINGS OR AGREEMENTS (WHETHER ORAL OR WRITTEN) REGARDING THE WEB SITE. IF A COURT FINDS ANY OF THESE TERMS TO BE UNENFORCEABLE OR INVALID, THAT TERM WILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND THE OTHER TERMS WILL REMAIN VALID AND ENFORCEABLE. THE WEB SITE AND ANY PROMOTIONS CONTAINED THEREON IS VOID WHERE PROHIBITED.

BINDING AGREEMENT
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND DON JUAN’S, AND CONSTITUTE THE ENTIRE AGREEMENT WITH RESPECT TO YOUR USE OF THIS WEB SITE. BY USING THE WEB SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS, AND TO AGREE TO ADHERE TO THE PROVISIONS HEREIN.

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