This is the Acceptable Use Policy agreement for www.modamiami.com. This Site is owned and operated by MODAMIAMI LLC (“MODAMIAMI”).
1. Copyrighted Information: Unless otherwise noted, all information, text, articles, data, images, or other materials contained on any page within this Site are copyrighted by MODAMIAMI or a third party (the “Copyright Holder”). Title to such copyrighted materials will at all times remain with the Copyright Holder. You may not edit, modify, or make commercial use of such copyrighted materials without the express, prior written consent of the Copyright Holder. You may only use, download, or copy any materials contained on the Site for informational and non-commercial or personal use in accordance with these terms and conditions. You may not reproduce, distribute, or retransmit the information contained on this Site for any other purpose. MODAMIAMI MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.
2. Use of Site: MODAMIAMI provides the information contained on this Site only on the express conditions herein provided. By using any of the functions on this Site, you agree that you will use the information provided only for your non-commercial, personal use. You agree not to distribute or transmit, modify, reuse, report, or otherwise use such information for public or commercial purposes. You further agree that a breach of this Agreement by you will cause irreparable harm to MODAMIAMI, and that MODAMIAMI shall be entitled to injunctive relief without the need to prove irreparable damages.
3. Accuracy of Information: MODAMIAMI uses commercially reasonable efforts to assure the accuracy of the information on this Site. All Information contained on this Site, however, may be changed and updated at any time without notice, and it may contain errors or inaccuracies. This Site also contains information provided by third parties. MODAMIAMI makes no representation or warranty regarding the accuracy, truth, quality, suitability, or reliability of such information, and MODAMIAMI is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties.
4. Limitation on Liability:
4.1 THE ENTIRE CONTENTS OF THIS SITE ARE PROVIDED “AS IS,” AND MODAMIAMI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. NEITHER MODAMIAMI, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
4.2 MODAMIAMI assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any materials, data, text, images, video, or audio from the Site.
5. Links to Third-Party Sites: Any other websites that are accessible via link on this Site are not under the control of MODAMIAMI. MODAMIAMI is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. MODAMIAMI provides the linked sites to you only as a convenience, and the inclusion of any such link on the Site does not imply MODAMIAMI endorsement of the site, the organization operating such site, or any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
6. Site Access Limited License: MODAMIAMI grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MODAMIAMI. This license does not include any resale or commercial use of this Site or its contents, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of our website. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MODAMIAMI and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing MODAMIAMI’S or its affiliates’ names or trademarks without the express written consent of MODAMIAMI. Any unauthorized use terminates the permission or license granted by MODAMIAMI. You are granted a limited, revocable, and non- exclusive right to create a hyperlink to the homepage of MODAMIAMI so long as the link does not portray MODAMIAMI, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MODAMIAMI or affiliate logo or other proprietary graphic or trademark as part of the link without express written permission. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real-time basis and is proprietary or licensed to MODAMIAMI by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of MODAMIAMI or the appropriate third party.
7. Materials Submitted to MODAMIAMI in Print or on Website: If you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be, treated as non-confidential and non- proprietary. Anything you transmit or post may be used by MODAMIAMI or its affiliates for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, MODAMIAMI is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to developing, manufacturing, and marketing products and services using such information.
8. Revisions to Acceptable Use Policy: MODAMIAMI may at any time revise this Acceptable Use Policy by updating this posting. Since you are bound by this Acceptable Use Policy, you should therefore periodically visit this page by clicking the Acceptable Use Policy hyperlink at the bottom of the MODAMIAMI webpages to review the then-current Acceptable Use Policy.
9. Governing Law: This Acceptable Use Policy shall be interpreted in accordance with the laws of the State of Florida, United States, without regard to choice of law principles. Any dispute, claim, or controversy arising out of or relating to this Acceptable Use Policy or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Acceptable Use Policy shall exclusively be subject to arbitration, and shall first be subject to mediation as a condition precedent to arbitration. If mediation is unsuccessful, the parties shall proceed to arbitration near Miami, Florida, before one arbitrator and all proceedings shall be conducted in English. The mediation and arbitration shall be administered by American Arbitration Association pursuant to the AAA Commercial Arbitration Rules and Mediation Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In the event that either party brings action against the other, arising from or relating to this Acceptable Use Policy, the prevailing party, as determined by the arbitrator or court, shall be entitled to recover its reasonable attorneys’ fees and costs, including through appeals.