Website Terms & Conditions
Welcome to BenessereMiami.com (the “Website”). By using or accessing our Website, you agree to be bound by the following terms and conditions (the “Terms and Conditions”).
1. Acceptance of Terms
These Terms and Conditions govern your use of the Website, including any content, features, or functionality offered on or through the Website. By accessing or using the Website, you agree to these Terms and Conditions, which constitute a binding agreement between you and BenessereMiami.com.
2. Changes to the Terms and Conditions
We may modify or revise these Terms and Conditions from time to time, at our sole discretion, and without prior notice to you. Any changes we make to the Terms and Conditions will be effective immediately upon posting the revised version on the Website. Your continued use of the Website following the posting of any changes constitutes your acceptance of those changes.
3. Use of the Website
You may use the Website for lawful purposes and in accordance with these Terms and Conditions. You may not use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website.
4. Intellectual Property Rights
The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by BenessereMiami.com, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
5. User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with these Terms and Conditions and applicable law. By submitting any User Contribution, you represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Contributions to enable inclusion and use of the User Contributions in the manner contemplated by the Website and these Terms and Conditions.
6. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, INFORMATION, SERVICES, PRODUCTS, AND OTHER MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BENESSEREMIAMI.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BENESSEREMIAMI.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENESSEREMIAMI.COM DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM BENESSEREMIAMI.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
IN NO EVENT SHALL BENESSEREMIAMI.COM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
8. Indemnification
You agree to indemnify, defend, and hold harmless BenessereMiami.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any User Contributions or any other use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
9. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the Website shall be filed only in the state or federal courts located in Miami-Dade County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
10. Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and BenessereMiami.com with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and BenessereMiami.com with respect to the Website.
11. Contact Information
If you have any questions about these Terms and Conditions or the Website, please contact us at info@benesseremiami.com.