All information, content, materials or other services provided to you through the Online Platform (collectively, “Content“) is our property or has been licensed to us, and may be protected by copyright, trademark, patent, and other intellectual property laws as applicable. Content includes but is not limited to text, graphics, logos, icons, trademarks, artwork, audio content, audiovisual content, data compilations, systems and applications. You may not copy, reproduce, republish, post, distribute, transmit, license, sell, create derivate works of or otherwise exploit any Content without our prior written permission or as permitted under applicable laws.
You may use information contained on the Online Platform as permitted under applicable laws or for personal and legitimate business purposes only, provided that you do not (i) delete, change or otherwise modify any copyright, trademark or other proprietary notices; (ii) obtain or claim any ownership rights of any kind in the information; or (iii) make any changes to such information.
The information, materials, products and services posted on or offered through the Online Platform are subject to change and may not be available in all geographic areas. We reserve the right to limit the provision of any information, materials, products or services to any person or geographic area at our sole discretion. Any offer for any product or service made on the Online Platform is void where prohibited.
The Online Platform may contain links to one or more third party websites (each a “Third Party Website“). We provide such links solely as a convenience to you and are not responsible for the content or practices of Third Party Websites or their operators. As we do not control Third Party Websites, we are not liable or responsible in any way for any loss or inconvenience in connection with use of a Third Party Website.
Certain features or services offered on or through the Online Platform may require you to open an account. You agree to take all reasonable steps to keep the login credentials associated with your account confidential and shall accept responsibility for all activities that take place under or through your account. You are not permitted to sell, lease, transfer, assign or otherwise provide another individual with access to your account without our prior written consent. You agree that we will not be liable for any loss or damage arising or resulting from your failure to comply with these obligations.
If you send, email, post or otherwise transmit any content (collectively, the “Submissions“) to us on or through the Online Platform, you agree that we may use the Submissions in any way we see fit in accordance with applicable law. You agree that we have no obligations: (1) to keep the Submissions confidential; (2) to provide any compensation to you; or (3) to attribute the Submissions to you or anyone else. You also affirm, represent and warrant that your Submissions do not contain any material that is subject to third party proprietary rights, unless you have permission from the rightful owner of the material to transmit the Submissions to us and allow us to use the Submissions in any way we see fit in accordance with applicable law.
YOUR USE OF THE ONLINE PLATFORM IS AT YOUR SOLE RISK. THE ONLINE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Therefore, to the fullest extent applicable by law, we hereby disclaim and make no representations, warranties, endorsements, conditions, guarantees or promises, express or implied, as to the quality, operation or any other aspect of the Online Platform or the information, content, materials or other services provided through the Online Platform, unless otherwise specified in writing.
Without limiting the generality of this disclaimer, you agree that we will not be liable for any losses or inconveniences suffered as a result of any error, omission, interruption, performance failure, defect, delay, virus, malicious code, theft, or unauthorized access, use or destruction of data in connection with use of the Online Platform, whether for breach of contract, tort, negligence or under any other theory of law. Notwithstanding the above, our mandatory liability under applicable laws remains unaffected.
We reserve the right to do any of the following at any time at our sole discretion without prior notice to you: (1) terminate, suspend, or cancel your access to the Online Platform; (2) modify or change the Online Platform and any applicable policies or terms; and (3) interrupt the operation of the Online Platform for any reason.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITY, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING FROM OR RELATING TO THE USE OR ACCESS OR INABILITY TO USE OR ACCESS THE ONLINE PLATFORM OR THE INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES PROVIDED THROUGH THE ONLINE PLATFORM BY YOU OR ANYONE ON YOUR BEHALF. YOU AGREE THAT, WHERE APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE THE FOREGOING DISCLAIMER AND LIMITATION, SUCH LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE ONLINE PLATFORM IS TO STOP USING THE ONLINE PLATFORM.
The rights and duties of the parties will be governed by the local law of Florida, U.S.A., excluding any choice-of-law rules that would require the application of the laws of any other jurisdiction.