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Terms of Service Agreement Updated: February 15, 2007


WELCOME

Welome to Global Marketing.com Corp. We are a network of websites including MyCityEats.com, MyCitySpas.com, MyCityGolfs.com, and OnlyaClick.com. By visiting or using the Services available from the domain and sub-domains of www.Global Marketing.com Corp.com (the “Site”) you are contractually agreeing to the following terms and conditions, including those available by hyperlink. We suggest that you consult the Terms of Service and the linked information regularly for updates. We reserve the right to revise the Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.

As used in the Terms of Service: “Member” means a person or legal entity that registers for an Account with Global Marketing.com Corp for use of the Global Marketing.com Corp Services available from the Site

“User” means (1) a person who is a Member, using the Site on his or her own behalf, or (2) a person who is using the Site on behalf of a Member that is a company or organization

“Service Provider” means a Member that offers and delivers Provider Services to Buyers on the Site

“Buyer” means a Member that investigates and purchases Provider Services on the Site

“Visitor” means a person who is only visiting the Site (i.e., not a Member or User)

“you” means the Visitor or Member accessing the Site or using the Services on the Site on his or her own behalf; or, if the Services on the Site are used on behalf of a company or organization, “you” means the Member for which the Services are used and the User who accesses the Site on behalf of such Member (and such User represents that he or she has the authority to do so on the Member’s behalf).

INCORPORATED INFORMATION AND POLICIES

This Agreement hereby incorporates all rules, policies, and guidelines on the Site, including:

MEMBER ELIGIBILITY

Our Services are available only to legal entities and individuals in business who can form legally binding contracts. To register for an Account with Global Marketing.com Corp and become a Member, you must accept all of the terms and conditions in, and linked to, the Terms of Service. Global Marketing.com Corp reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.

YOUR ACCOUNT

To become a Member and use the services available from the Site you must register for an "Account". You will provide true, accurate and complete information as prompted by the registration form, and update such information to maintain its truth, accuracy and completeness. You must safeguard the Member ID and password you use to access this Site. We may rely on any use of the Site with your Member ID and password as authorized by you.
Links
The Site may contain links to other Web sites or resources. You acknowledge and agree that Global Marketing.com Corp is not responsible or liable for: (i) the availability or accuracy of such Sites or resources; or (ii) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked Site. You use the links at your own risk.
No Agency
The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Global Marketing.com Corp, except and solely to the extent expressly stated.
Access and Interference
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site without the prior express written permission of Global Marketing.com Corp and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.

WARRANTY DISCLAIMER

THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, hold harmless and indemnify Global Marketing.com Corp from and against any and all losses, costs, expenses, damages or other liabilities incurred by Global Marketing.com Corp from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Global Marketing.com Corp.

INTELLECTUAL PROPERTY

License and Site Access
Subject to and conditioned on compliance with the Terms of Service, Global Ma rketing.com Corp grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of Global Marketing.com Corp or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Global Marketing.com Corp.
Reservation of Rights; Limited Licenses
Global Marketing.com Corp and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The Global Marketing.com Corp logo and name are trademarks of Global Marketing.com Corp, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.

Except as expressly stated above, nothing in the Terms of Service confers any license under any of Global Marketing.com Corp’s or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.

CUSTOMER SERVICE

If you have any questions, suggestions, reports of problems or complaints regarding any Global Marketing.com Corp Services, your use of the Site, the conduct of or purchase, sale, delivery, or payment of or for Services by or from any Member, please contact info@mycityeat.com

NOTICES AND COMMUNICATIONS

Unless you otherwise indicate in writing to Customer Service, Global Marketing.com Corp will communicate with you by email or by posting communications on this Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Global Marketing.com Corp sends it to the email address you have provided to Global Marketing.com Corp on this Site, or when Global Marketing.com Corp posts such communication on this Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings.

All notices to Global Marketing.com Corp intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:

Global Marketing.com Corp, Inc.
2295 S. Hiawassee Rd. #207
Orlando, FL 32835
Attn: Chief Financial Officer

Such notices to Global Marketing.com Corp are deemed effective upon receipt.

RESOLUTION OF DISPUTES BETWEEN MEMBER AND Global Marketing.com Corp

If a dispute arises between you and Global Marketing.com Corp, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and Global Marketing.com Corp agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Global Marketing.com Corp Services (a “Claim”) in accordance with this section entitled “Resolution of Disputes Between Member and Global Marketing.com Corp.” Before resorting to these alternatives, you agree to first contact us directly to seek a resolution by going to Customer Service. Law and Forum for Disputes
The Terms of Service are governed in all respects by the laws of the State of Florida without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against Global Marketing.com Corp must be resolved by a court located in Orlando County, Florida, or as described in the Arbitration Option paragraph below. You hereby submit to the personal jurisdiction of the courts located within Orange County, Florida for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.
Arbitration Option
For any claim arising between you and Global Marketing.com Corp (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
Improperly Filed Claims
Should you file a claim contrary to this section entitled “Resolution of Disputes Between Member and Global Marketing.com Corp,” Global Marketing.com Corp will be entitled to recover attorneys’ fees and costs up to $2,000, provided that Global Marketing.com Corp has notified you in accordance with the Terms of Service of the improperly filed claim, and you have failed to promptly withdraw the claim.

TERMINATION

This Terms of Service Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by Global Marketing.com Corp or you as provided for under the terms of this Section.

Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. In such event, (i) Global Marketing.com Corp shall continue to perform those Global Marketing.com Corp Services necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay Global Marketing.com Corp and any Service Providers for any Services for which you have engaged from Global Marketing.com Corp or such Service Providers in order to complete any such transactions.

Without limiting Global Marketing.com Corp’s other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Members or for Global Marketing.com Corp. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Site under the same Account, a different Account or reregister under a new Account.

Without limiting Global Marketing.com Corp’s other remedies, to the extent you engage in actions or activities which circumvent the Global Marketing.com Corp Site or otherwise reduce fees owed Global Marketing.com Corp under the Terms of Service, you will pay Global Marketing.com Corp for all fees owed to Global Marketing.com Corp and reimburse Global Marketing.com Corp for all losses and costs (including any and all Global Marketing.com Corp employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.

When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site.

 

COPYRIGHT POLICY

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Removal of Material for Which Copyright Infringement is Claimed
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, Global Marketing.com Corp has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a user of the Services available at the domain and sub-domains of www.Global Marketing.com Corp.com, please fill out a Notice of Infringement form and fax it to Global Marketing.com Corp Copyright Infringement Notices at 866-681-8091. The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides: To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided.

 

PRIVACY POLICY

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By submitting Personal Information through the Site, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy. Your Personal Information may be processed by Global Marketing.com Corp in the country where it was collected, as well as other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country.
Notification of Changes
We may update this Privacy Policy from time to time as our Services change and expand. If we make substantial changes to this Privacy Policy, we will post the updated policy on this page and we will post notice that this Privacy Policy has changed in the MyGlobal Marketing.com Corp area of the Site and in this policy. Unless otherwise provided, the revised terms will take effect when they are posted. Once any changes that we make to this Privacy Policy become effective, your continued use of the Site after such time will signify your acceptance of the new terms.
privacy is not responsible for practices content Sites links which link By clicking a link, logo other item, please may no longer be on Elance To check what Internet location are on, note URL at top and or bottom your browser. We encourage you to read the posted statement of that Site whenever interacting with any Web Site. < BLOCKQUOTE>
Automatically Gathered Information
Global Marketing.com Corp automatically collects browser type and browser software version to tailor the presentation of the Site and the Services to the Visitor’s or User’s platform and to maintain a record of the User’s or Visitor’s activity on the Site. Global Marketing.com Corp uses cookies to enable Users to specify unique preferences and to track Visitor and User trends and patterns. Users and Visitors always have the option of disabling cookies via their browser preferences. If you disable cookies on your browser, please note that some parts of our Site may not function as effectively or may be considerably slower. As an automatic process, our Web server software records a log file of IP addresses that access the Site. We also collect IP address information but do not ordinarily link IP addresses to Users’ Personal Information. However, we can and will use IP addresses to identify a User when we, in our sole discretion, determine that it is necessary to enforce compliance with our Terms and Conditions of Use or to protect our service, Site, customers or others.
Email to Friends Feature and Referral Program
Global Marketing.com Corp lets you easily send  postings to friends via email. Global Marketing.com Corp also offers the ability to send friends emails about providing or purchasing Services through Global Marketing.com Corp. If you choose to use either feature, be assured that Global Marketing.com Corp only uses your friends’ email addresses on a one-time basis to send the requested posting, and we use your email address to copy you on the message or to send on your behalf. Your friends’ email addresses will be deleted from our database after the message is sent.
Public Information
As part of registration, you may set up a Profile describing your experience and qualifications. After becoming a member, in order to place bids, you must create a Profile, and in order to create a Profile, you will be required to provide some information about your company or business. If you decide to offer a service, potential buyers may review your Profile to help them decide whether to make a bid on your service. Information in your Profile is available for any other registered User to access. We will not have any obligation under this Privacy Policy with respect to information in your Profile or information you voluntarily provide to other Users via the Site.
How We Use and Disclose Information
Registration Information
We use Personal Information for our own internal purposes including contacting you via email to inform you about updates to our Services and providing you with information relating to e-commerce transactions that you conduct on the Site. We reserve the right to disclose your information as required by law. We do not rent or sell our Users' Personal Information to third parties. We do, however, provide you with the opportunity to receive newsletters via email. If you decide to opt in to receive newsletters, you may opt out of receiving these newsletters at any time by clicking on your Preferences and choosing Email Notifications to Unsubscribe.
Advertising
We may send you email communications including information that we think may be of interest to you. You may opt out of receiving these email communications either when you register to become a Member or via the Preferences section of your MyGlobal Marketing.com Corp area. We do not send any of your Personal Information to our advertisers. You may see a cookie from a third-party banner server, and this cookie comes from the third-party banner server, not Global Marketing.com Corp. Again, we do not pass along any Personal Information to this party.
Co-Branded Services
Global Marketing.com Corp enters into co-branding relationships with third-party Web sites and companies to provide products and Services to our Users. Global Marketing.com Corp may share your Personal Information, including User ID and password, with certain co-branded third-party service or product providers as required to provide a specific product or service that you request from a co-branded page or co-branded Site. However, these third-party partners may not use this Personal Information for any reason other than to provide the service or product that the User has explicitly signed up for.

If you join Global Marketing.com Corp through a co-branded Site (e.g. on a co-branded Registration page), it is Global Marketing.com Corp’s general policy not to share anything other than summarized or aggregated data with the partner; however, any Personal Information you provide on the co-branded Site may also be received by the co-brand partner that operates the co-branded Site and could be stored and used by the co-brand partner according to its privacy policy. Please take the time to review these third-party privacy policies. Global Marketing.com Corp will not have any liability to you for any use of your information by a co-brand partner.
Legal Requests
Global Marketing.com Corp cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud, theft, harassment and other rights. We can (and you authorize us to) disclose any information about you if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) protect or defend the rights or property of Global Marketing.com Corp or third parties; or (c) assist in an investigation.
Anonymous Information
We may create Anonymous Information records from Personal Information by excluding information (such as names) that make the information personally identifiable to you. We may use this Anonymous Information to analyze inquiry, request and usage patterns so that we may enhance Services and the Site. We reserve the right to use and disclose Anonymous Information to third parties in our discretion. “Anonymous Information” means information that is not associated with or linked to your Personal Information; Anonymous Information does not permit the identification of individual persons.
Comments Submitted by Users
Global Marketing.com Corp constantly seeks to improve the quality of the services we provide and the User experience on the Site. We value your input and encourage you to help us expand and make improvements to the Site by providing us with any thoughts or comments you might have regarding our services or the operation of the Site. You can submit any comments you have to us by clicking on the link “Email us” at the top of most of the pages on the Site. The “Email Us” page asks for your email address and Username. Your Username is optional. If you provide this information, we will only use it to acknowledge or respond to your comments. Submitting comments via email will not cause you to receive any secondary or promotional material, unless specifically requested by you. In certain circumstances, we may ask for your permission to post your comments in marketing or promotional materials.
Security
We will use commercially reasonable methods to keep Personal Information securely in our files and systems. Our Payment System is operated using secure Internet connections, using SSL (Secure Sockets Layer) encryption, to help protect your financial data. Please note that with current technology, we cannot guarantee the security of your data as it travels over the Internet.
Regarding Children
We do not intentionally gather Personal Information about Visitors who are under the age of 13.
Terminating Your Membership
We save your Personal Information until your membership with us is terminated and you unsubscribe to email notifications. To terminate your membership, contact Customer Service. If you terminate your membership, your Personal Information cannot be recovered. You may continue to receive email communications for a short period of time until we have updated all of our databases. After termination of your membership, your Personal Information may remain on our archived database and records. Notwithstanding the above, we will maintain information on Users who have been removed for violating our Membership Agreement.
Correcting/Updating Your Information and Opting Out
This Site gives the following options for changing and modifying information previously provided:
    1. You may update your registration information using the Preferences page, under MyGlobal Marketing.com Corp, in the Global Marketing.com Corp navigation bar after you register.
    2. You may update your credit card information using the Account page, under the MyGlobal Marketing.com Corp section of the Site.
    3. This Site provides Users the opportunity to opt out of receiving promotional email communications from us, Global Marketing.com Corp newsletters and other Site information using Preferences, Email Notifications under the MyGlobal Marketing.com Corp section of the Site or by contacting Customer Service. However, you may not opt out of receiving administrative communications from Global Marketing.com Corp regarding the Services or the Site, except by terminating your membership. In addition, you may not opt out of Global Marketing.com Corp sending you legal notices related to the Services or the Site.
    4. For other requests, please contact Customer Service.
Contacting Us
If you have any questions about this Privacy Policy or the practices of this Site, you may contact Customer Service

REGISTRATION INFORMATION

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You agree to provide true, accurate and complete information as prompted by the Registration form, and to update this information to maintain its truthfulness, accuracy and completeness. Global Marketing.com Corp may suspend or terminate your Account if information you provide is not complete or accurate.

 

SAFEGUARDING YOUR PASSWORD

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You agree to safeguard the User ID and password you use to access this Site. You authorize us to assume that any person using the Site with your User ID and password either is you or is authorized to act for you. Further, your Global Marketing.com Corp Account (including feedback) and User ID may not be transferred or sold to another party.

 

SERVICE PROVIDER FEES

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ENFORCEMENT OF SITE POLICIES

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We may suspend or cancel your Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service and Site Policies, or violated our rights or those of another party. Without limiting Global Marketing.com Corp's other remedies, we will suspend or terminate your Member Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service, the Site Policies and the other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for Global Marketing.com Corp. Once suspended or terminated, you may not continue to use the Global Marketing.com Corp service under a different Account or re-register under a new Account. In addition, violations of the Terms of Service and the Site Policies may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a User or Member engages in actions or activities which circumvent the Site or otherwise reduces project fees owed Global Marketing.com Corp under the Terms of Service, that User or Member will be liable to Global Marketing.com Corp for the project fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of Global Marketing.com Corp membership. Global Marketing.com Corp reserves the right to terminate any User for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your membership is canceled, you may no longer have access to data, messages, files and other material you keep on the Site.

 

CONTACTING CUSTOMER SERVICE

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If you wish to report a violation of Site Policies, have any questions or need assistance, please contact Global Marketing.com Corp Customer Service as follows:
Email: info@mycityeats.com
Phone: (Mon-Fri, 7 a.m. – 5 p.m. Eastern Time): 1-321-293-0297
2004 - 2008 MyCityEats and Entertainment.  All Rights Reserved.  Phone 321-293-0297
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