Terms and Conditions
1. Your Adoption of This Agreement.
YOU INDICATE YOUR CONSENT TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT IF YOU DO ANY OF THE FOLLOWING: USE THE SITE, REGISTER WITH THE SITE (IF REGISTRATION IS OFFERED), SUBSCRIBE TO ANY SERVICES ON THE SITE, OR CLICK ON A BUTTON AFTER BEING INFORMED THAT CLICKING WILL EVIDENCE CONSENT TO THIS AGREEMENT. As used in this Agreement, “you” are the person using the Site or the person described in the registration form.
2. Agreement to Conduct Transactions Electronically.
You agree that all of your transactions, if any, with or through the Site may, at our option, be conducted electronically. You further agree that we may determine (from time to time) to provide all or any part of our services non-electronically, and that those services will still be governed by this Agreement unless you enter into a different agreement on a form provided by us. You agree that we may communicate with you through electronic (“email”) messages, and if you forget or lose your password, you agree that we may send it to you by email. If you do not wish to have your transactions with or through the Site conducted electronically, you should not enter into this Agreement and you should cease all use of the Site.
3. License to Use the Site; Restrictions – Intellectual Property and Trademarks.
We hereby grant you a non-exclusive, revocable license to use the Site in accordance with this Agreement; we reserve the right to suspend or revoke this license in our sole discretion without notice. You may download and print Content to your personal computing device solely for your own personal non-commercial use. All Content is the property of FRIT CocoWalk Owner LLC, or its Content suppliers. In addition, all trademarks and intellectual property are also the property FRIT CocoWalk Owner LLC, or its Content suppliers and any use, misuse or copying of any trademarks or intellectual property is prohibited without the express authorization of FRIT CocoWalk Owner LLC. “Content” means any data accessible on the Site, including without limitation text, images, video, graphics, audio files, software, and any combination thereof. You may not otherwise use, reproduce, alter, or modify Content in any way, nor may you transmit, distribute, or display Content to third parties. We recommend that you download and print this Agreement for your records.
6. No Payment for Submission of Comments, Ideas, and Other Information.
7. Links to Third-Party Web Sites.
As a convenience to you, the Site may provide links to other Internet web sites that are not under our control (“Third-party Websites”). The products and/or services offered by such Third-party Websites are sold by the relevant third party and not by us, and such third parties shall be solely responsible for fulfillment of any and all transactions involving products and services which may be offered on the Third-party Websites. Your visit to Third-party Websites is subject to the terms and conditions of such Third-party Websites, and not to the terms and conditions of this Site. Any links on the Site to Third-party Websites do not imply an endorsement or warranty of such sites by us of any kind. Third-party Websites are not authorized to make any representation or warranty on our behalf. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, INCLUDING WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY, REGARDING ANY THIRD-PARTY WEBSITES AND REGARDING ANY PRODUCTS OR SERVICES WHICH MAY BE OFFERED ON ANY THIRD-PARTY WEBSITES.
8. NO WARRANTIES; AS IS.
THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS,” AND YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SITE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE OR ANY CONTENT OR SERVICES PROVIDED ON THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR AGAINST INFRINGEMENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE SITE, THE SITE ITSELF, OR OUR EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. WE DO NOT GIVE ANY WARRANTIES OR UNDERTAKE ANY DUTIES WITH REGARD TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME, FUNCTIONALITY, TIMELINESS OF SERVICES, ACCURACY OR CURRENCY OF CONTENT, LACK OF VIRUSES, OR OTHERWISE.
9. NO INCIDENTAL, CONSEQUENTIAL, OR OTHER SPECIAL DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE.
10. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
To the fullest extent permitted by law, you agree that your sole remedy for any breach of this Agreement will be the substitution or replacement of all or part of the Site that gives rise to damages incurred by you. You agree that this limitation of liability will apply even if any remedy fails of its essential purpose. In the event a court of competent jurisdiction determines that we are liable for damages of any kind, you agree that such damages shall not exceed Five Hundred Dollars (US$500).
11. YOUR REPRESENTATIONS & WARRANTIES
You represent and warrant that you possess the legal right and ability to enter into this Agreement on your own behalf or on behalf of any person for whom you are acting as agent, that you are authorized to use the password required for this Site, and that all information that you submit to us is true, accurate and current. Further, you agree to defend, indemnify, and hold FRIT CocoWalk Owner LLC, and its affiliates, parents and subsidiaries harmless against all losses, claims, damages, and expenses, arising out of or relating to your breach of this Agreement or your violation of any laws or the rights of third parties.
12. UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to FRIT CocoWalk Owner LLC that you will not use the Website for any purpose that is unlawful or prohibited by these Terms or Conditions.
You agree not to upload or otherwise transmit through the Website any unlawful, harassing, false, misleading, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website.
You agree not to upload or otherwise transmit to or through the Website any material that: (i) infringes on any rights of third parties; and/or (ii) contains any virus or other harmful code that may change or disrupt the Website or any other user’s equipment or software.
13. FLORIDA LAW GOVERNS; EXCLUSIVE MIAMI-DADE COUNTY JURISDICTION.
This Agreement will be governed and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to the principles of its conflict of law provisions. The parties to this Agreement agree and consent to the jurisdiction of and venue in the courts in Miami-Dade, Florida, U.S.A. in all disputes arising out of or relating to this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement.
14. CLAIMS OF COPYRIGHT INFRINGEMENT
We rely on our users to bring copyright infringement to our attention. Anyone who believes that their work has been reproduced in such a way that constitutes copyright infringement may contact firstname.lastname@example.org
15. SEVERABILITY; NO WAIVER; ENTIRE AGREEMENT
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Agreement shall remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches. This Agreement, including any notices and disclosures on the Site, constitutes the entire agreement between you and us.