TERMS AND CONDITIONS OF SERVICE
These are the Terms and Conditions governing the use of this Service and the agreement that operates between “you” and “the Company”, as defined herein. These Terms and Conditions set out the rights and obligations of all users regarding the use of this “Service”.
DISCLAIMER OF LIABILITY
This website is owned and operated by [Company] (the “Company”), a Florida Limited Liability Company. These Terms and Conditions (the “Terms”), as well as the copy of the website, may from time to time refer to [Company], its affiliates, principals, members, agents and/or assignees, using terms such as “we”, “us”, or the possessive form, “our”, to refer to the Company. The Company offers this website, including all of the information hereon, (referred to herein as the “Service”) conditionally upon “your” (defined as the user, purchaser or other actor accessing this website) accepting these Terms and Conditions in their entirety. By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.
The Company disclaims and all liability, of whatever form or nature, pertaining to any and all actions the user may take on or through the Service. By taking any action using this website in any manner, you forever waive any complaint, cause of action or other claim of any kind, as to any damages of any kind, including but not limited to economic loss. By using this website you forever waive any complaint, cause of action or other claim of any kind as to the integrity, functionality, smooth operation or durability of the computer code that makes up The Service. The Company hereby disclaims any and all liability stemming from any fault, flaw, bug or defect in the subject code. The Company disclaims any and all liability pertaining to any malfunction in any network over which the Service functions, and has no control over the decisions or actions of third parties that may or may not facilitate transactions in or otherwise interact with the Service. The Company disclaims any and all liability pertaining to any malicious activity that compromises the code or which otherwise harms the user in any manner.
ENTERTAINMENT PURPOSES ONLY
The Service, including any services offered to you by the Company, exist for entertainment purposes only. The Company makes no warranties or representations whatsoever that the Service will continue to exist or be maintained at any point in the future. You should be aware that you are solely responsible for anything of value that you choose to spend, pledge, swap or otherwise sell or exchange to interact with the Service or purchase any of the Company’s services. The Company offers no guarantees, including the promise of any refund of your money, except as expressly set forth herein or as set forth in a signed agreement you may have with the Company, if any.
THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of any affiliate and/or their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind, that the Service or any of the Company’s services will meet your requirements, achieve any intended results, meet any performance or reliability standard or be error-free.
Without limiting the foregoing, neither the Company nor any of the company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
The Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, companies, or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
GOVERNING LAW / PERMITTED USERS
The laws of the United States, and the state of Florida, shall govern these Terms and Conditions. You are solely responsible for compliance with the laws of any other country that may apply to your use of the Service. By using the Service, you represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties. You hereby represent and warrant that you are not employed by or hold any position with any governmental body. You further represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Without limiting any of the foregoing or following provisions of these Terms and Conditions, you and the Company agree that any dispute that cannot be resolved amicably shall be submitted to binding arbitration in lieu of an action before any court. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) rules, as modified by this Agreement, which shall take place in Miami, Florida, unless the Parties mutually agree otherwise. This arbitration provision shall be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. An arbitrator may not award relief in excess of or contrary to what these Terms and Conditions provide, or order consolidation or arbitration on a class wide or representative basis, except that the arbitrator may award damages required by statute on an individual basis and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration determination or award shall be confidential, and neither Party may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the same. Judgment on any arbitration award may be entered in any court having proper jurisdiction. All administrative fees and expenses will be divided equally between the Parties, though each Party will bear its own expense of counsel, experts, witnesses and preparation and presentation of evidence at the arbitration. IF FOR ANY REASON THIS ARBITRATION CLAUSE IS DEEMED INAPPLICABLE OR INVALID, THE PARTIES WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. No action, regardless of form, arising out of or in conjunction with the subject matter of these Terms and Conditions, may be brought by either Party more than one (1) year after the cause of action arose.
- Severability – If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
- Waiver – Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
- Original Language – These Terms and Conditions were drafted in English, which is the language of the Company. You assume any and all risk of error or misunderstanding in reading these Terms and Conditions in any other language.
- Changes to These Terms and Conditions – We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, or services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time, with or without notice. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
- Promotions – Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
- Intellectual Property – The Service and its original content, features and functionality are and will remain the exclusive property of the Company. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Subject to these Terms and Conditions, if you have any questions you can email us at firstname.lastname@example.org