FloridaSMART.com (“Site”) is accessible worldwide to anyone with access to the Internet. Use of this Site or any of the content, features or applications (“Services”) is provided subject to the terms and conditions of this agreement. Please read these terms (“Agreement”) carefully and collectively with our parent company, SurfSmart (SS), Legal Information, Privacy Policy and Copyright Policy and understand terms and agreements constitute acceptance of legally binding terms and conditions for the use of this Site and Services. FloridaSMART may change the terms of this agreement from time to time. By continuing to use this service, you accept the agreement as modified. In addition, any new features or functionality shall be subject to these Terms of Use.
FloridaSmart Parties (“we”, “us”, “our”, “FLORIDASMART”) refers to and shall include all FloridaSmart divisions, subsidiaries, partners, parent company, sister companies.
Acceptance of User Agreement
By using the Services in any manner, including but not limited to, visiting or browsing or accessing the Site, submitting or contributing content, registering on the site or using Services we offer, you agree to be bound by the Terms of this User Agreement and all other rules, policies and procedures that may be published from time to time on the Site by us without notice to you.
Some Services we offer may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions.
These Terms of Use affect your legal rights. If you do not agree to be bound by all of the Terms of Use, do not use the Site.
Registration / Account
You may register for an account on the Site (“Account”). You can use the Site without an Account, however, certain Services, such as posting, submitting photos, articles or other Content, require you to register for an Account.
If you create an account on the Site, you are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the Account and any other actions taken with respect to the Account. You must provide accurate and complete information and keep your Account information updated. You must not select or use a username that is subject to any rights of a person other than yourself. User names that are offensive, vulgar or obscene are not permitted.
By connecting your Account to your Facebook Account, you are permitting us access to your information from your Facebook profile for use by the Site or Services. You can control the amount of information that is accessible to us by adjusting your Facebook account privacy settings.
By creating an Account on this Site, you are authorizing us to collect, store, retain, and use indefinitely, in accordance with our Privacy Policy, any and all information that you provided or permitted Facebook to provide to us.
Content
“Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Site. Content can be anything pertaining to Florida, the good, the bad and the ugly.
The intent of our Site is to provide fun, positive, family-friendly and informative Content that is rated for all ages, we allow content that is related to anything Florida and some may not be age appropriate. We try to steer clear of offensive, divisive and otherwise inappropriate Content, but we make no guarantees that some Content may be published that some visitors may not agree with. We do our best to remove anything that is offensive, divisive or harmful upon notification. While we also do our best to provide accurate and technically correct content, this Site may contain technical inaccuracies or typographical errors.
FloridaSmart is a for-profit media Site providing free content through paid advertising, partnerships, sponsorships, features and business listings. Our Site contains both paid and non-paid mentions of businesses, products, services, people, organizations, events, places, things and everything and anything in Florida. Any references made on the Site is for informational purposes only and does not constitute an endorsement.
FloridaSmart contains content submitted by varying sources. Content on this Site is provided “as is” without warranty of any kind. The Content is not deemed accurate or reliable by FloridaSmart. All the content on this Site is only for general information or use. It does not constitute advice and should not be relied upon in making (or refraining from making) any decision. We encourage you to do your own research before engaging with or participating in any businesses or activities. By continuing to use this Site, you acknowledge that all Content, including User Contributed Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
Submitting Content
By submitting content on this Site, you agree that FloridaSmart has the rights to use and display the content on this and partner sites. You agree that you are the owner of the content, that the content is unique and that the content is accurate. If you terminate your account, FloridaSmart will retain the rights to keep and display any content you submitted.
Availability of Content
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (A) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (B) to remove or block any Content from the Services.
Notices and Restrictions
The Site may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site.
Use of Content
Subject to this User Agreement, you may not copy, reproduce, distribute, publish, enter into a database, store, license, rent, modify, create derivative works from, display, transmit or use any part of the Site Content, except as permitted for personal use only, without our expressed written consent.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, FLORIDASMART CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FLORIDASMART MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SERVICE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FLORIDASMART OR VIA THE SITE OR SERVICE.
FLORIDASMART DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. FLORIDASMART DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. FLORIDASMART DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND FLORIDASMART SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
FLORIDASMART DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL FLORIDASMART BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY OUT OF USE OF USE OF; (A) THE SERVICE; (B) THE SERVICE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE, SITE OR ANY FEATURES OR APPLICATIONS; (E) ANY ERRORS IN THE OPERATION OF THE SERVICE; (F) ANY DAMAGE TO USERS EQUIPMENT OR TECHNOLOGY THAT MAY OCCUR INCLUDING BUT NOT LIMITED TO SECURITY BREACH, VIRUSES, BUGS, FRAUD, ERROR, OMISSION, INTERRUPTIONS, DEFECTS, OTHER TECHNICAL MALFUNCTIONING, EVEN IF FORESEEABLE OR KNOWN AS POSSIBILITIES OR BY NEGLIGENCE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR INTELLECTUAL PROPERTY OWNERS; (H) ANY ACTION TAKEN IN CONNECTION WITH LAW ENFORCEMENT OR AUTHORITIES REGARDING YOU OR ANY OTHER USERS USE OF SERVICE.
IN NO EVENT WILL FLORIDASMART BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IF YOU LIVE IN A STATE OR REGION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCEIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THESE INSTANCES AND IN NO EVENT WILL FLORIDASMART LIABILITY TO YOU OR ANYONE ELSE EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE.
YOU AGREE THAT BY USING THIS SITE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, ANY AND ALL CLAIMS AGAINST FLORIDASMART.
Arbitration
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this User Agreement.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.