Miromar Design Center – Terms of Service
IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE (“SITE”) AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MIROMAR DEVELOPMENT CORPORATION, A FLORIDA CORPORATION AND ITS AFFILIATES (collectively, “MIROMAR”). By accessing This Site, you are indicating your acknowledgment and acceptance of these terms OF SERVICE.
PLEASE CONSULT THESE TERMS OF SERVICE REGULARLY. THESE TERMS OF SERVICE MAY BE AMENDED FROM TIME TO TIME AS UPDATES AND CHANGES ARE MADE TO THE SITE. EACH TIME YOU ACCESS THIS SITE YOUR ACCESS SHALL BE GOVERNED BY THE THEN IN-EFFECT TERMS OF SERVICE. YOU SHOULD THEREFORE CAREFULLY REVIEW THESE TERMS OF SERVICE EACH TIME YOU ACCESS THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE THEN IN-EFFECT TERMS OF SERVICE.
Restrictions On Use
You may use this Site only for the purposes expressly set forth in these Terms of Service. Except with Miromar’s expressed written permission, your use of the Site (defined below) is solely limited to your personal and non-commercial use for viewing the Site’s Content and utilizing its offered services on a single machine using a conventional web browser without the aid of automatic electronic processes, “robots,” “spiders,” “scrapers,” “webcrawlers,” or other automatic devices or computer programs or processes that monitor, copy, or download web pages, data or other content. For purposes of these Terms of Services, the term “Content” shall include all material, data, information and content accessible from this Site, and any other World Wide Web site owned, operated, licensed, or controlled by Miromar.
This Site contains robot exclusion headers. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on this Site’s infrastructure. Use of any robot, spider, web crawler, automated query device, or other automatic device, or manual process to monitor or copy the web pages or the Content contained herein without Miromar’s prior express written permission is prohibited. Use of any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site is also prohibited.
You may not (and may not authorize any other party to) (i) co‑brand this Site, or (ii) frame this Site within or as part of any other site, or (iii) hyper-link to this Site. For purposes of these Terms of Service, “co‑branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or Content accessible within this Site. You agree to cooperate with Miromar, at your expense, in taking all actions necessary to enjoin unauthorized co-branding, framing or hyper-linking caused in whole or in part by you.
The Content is the proprietary information of Miromar or the party that provided the Content to Miromar, and Miromar or the party that provided the Content to Miromar retains all right, title, and interest in the Content. You agree not to reproduce, duplicate, copy, modify, create derivative works, publicly display, sell, resell, republish, upload, post, transmit or exploit for any purposes, any portion of this Site, the Content, the services offered on this Site, or access to this Site without Miromar’s prior expressed written consent, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates Miromar’s intellectual property rights. Portions of the Content contained within this Site are updated on a regular basis and are proprietary or licensed to Miromar by third parties. Neither title nor intellectual property rights are transferred to you by access to this Site. Except as expressly set forth in these Terms of Service no rights, express or implied, are granted to you.
Access To This Site
To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If Miromar believes the information you provide is not correct, current, or complete, Miromar has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.
Miromar reserves the right to modify or terminate your access to the Site (or any part thereof), temporarily or permanently, at any time and from time to time, and with or without notice. You also agree that Miromar will not be liable to you or to any third party for any modification or termination of access to the Site.
This Site may contain hyper-links to other sites, which are not maintained by, or related to, Miromar. Hyper-links to other sites are provided as a service to users and are not sponsored by or affiliated with this Site or Miromar. Miromar has not reviewed any or all of such other sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and Miromar makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Miromar of that site. Miromar shall not be responsible or liable for any loss or damage incurred as the result of your use or access to any hyper-links or because Miromar allowed such hyper-links to be present on the Site.
If you engage in business dealings with advertisers or merchants found on or through the Site, whether by participating in promotions, purchasing products or services, or other dealings, you and such advertisers and merchants are solely responsible for compliance with any terms, conditions, warranties, representations, or liabilities associated with such dealings. Miromar shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or because Miromar allowed such advertisers to be present on the Site.
You hereby grant to Miromar the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Miromar through this Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Miromar will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Miromar operations.
As you browse miromardesigncenter.com, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner then enables us to present you with retargeting advertising on other sites based on your previous interaction with miromardesigncenter.com. The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number. You can visit this page to opt out of our display advertising partner’s and their partners’ targeted advertising.
You understand that Miromar cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Miromar does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Miromar. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” WITH “ALL FAULTS” and without ANY warranties of any kind whatsoever, either expressed or implied. Miromar expressly disclaims all warranties including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, TITLE, AND NON-INFRINGEMENT. Miromar does not warrant that the functions OR CONTENT contained in this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. Miromar does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Miromar may make changes or improvements at any time. You, and not Miromar, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Miromar MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Miromar does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.
Limitation On Liability
NEITHER YOU NOR Miromar, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, AND DIRECTORS WILL BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MIROMAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MIROMAR AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100. THIS LIMITATION SHALL APPLY EVEN IF ANY ONE OR MORE REMEDIES PROVIDED IN THESE TERMS OF SERVICE FAIL OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Miromar, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, contractors, officers, directors, and contractors (the “Indemnified Parties”) from and against any actual or threatened claims, damages, liabilities, demand, judgments, awards, costs and expenses including reasonable attorneys’ fees, due to, arising out of or relating to your use of the Site, your connection to the Site, your violation of these Terms of Service, your violation of any rights of another, or your use of the Content accessed from this Site.
Trademarks and Copyright
Everything you see or read on this Site is copyrighted and protected by the copyright laws of the United States and by international treaties, unless otherwise noted, and nothing from this Site may be used, copied, downloaded, displayed or transmitted by you (in any way or form, or by any medium) without the prior written permission of Miromar. Miromar neither warrants nor represents that your use of materials displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with Miromar.
Trademarks, service marks, and logos appearing in this Site are the property of Miromar or the party that provided the trademarks, service marks, and logos to Miromar. Miromar and any party that provided trademarks, service marks, and logos to Miromar retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any express or implied license or right to use any trademark, logo, service mark or design displayed on this Site without the written permission of Miromar or any third party that may own any such item displayed on the Site. Miromar will aggressively enforce its intellectual property rights to the fullest extent of the law, should you breach any of these terms and conditions.
Information You Provide
If a feature you have access to, you may not post, send, submit, publish, or transmit in connection with this Site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
- includes MP3 format files;
- amounts to a ‘pyramid’ or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Miromar reserves the right to monitor use of this Site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Miromar nor any third party that provides Content to Miromar will assume or have any liability for any action or inaction by Miromar or such third party with respect to any submission.
Copyrights and Copyright Agent
The following information is provided below so that you may notify Miromar if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated. You must provide written notification to Miromar’s Designated Agent for claims of copyright or other intellectual property infringement, who can be reached as follows:
By mail: Miromar Development Corporation
Attention: Internet Communications
10801 Corkscrew Road, Suite 305
Estero, Florida 33928
By email: MiromarWeb@miromar.com
Such written notification must include the following to be effective:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest that has been allegedly infringed;
2. a description of the copyrighted work or works or intellectual property interest that has been allegedly infringed;
3. a description of the location or locations of the allegedly infringing material on the Site;
4. the contact information of the person authorized to act on behalf of the owner of the copyright or intellectual property interest, including address, telephone number, and email address;
5. a statement that the owner of the copyright or intellectual property interest believes in good faith that the use in dispute is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement, made under penalty of perjury, that the notice information is accurate and that the statement is made by the owner of the copyright or intellectual property interest or a person authorized to act on the behalf of the owner of the copyright or intellectual property interest.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. No person under the age of 18 should use the Site without the consent of their parent or legal guardian. Miromar strongly encourages all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.
Miromar may provide notices to you via either email or regular mail, and the Site may provide notices of changes to the Terms of Services or other matters by displaying notices or links to notices to you generally on the Site.
These Terms of Service will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Floridain connection with any dispute between you and Miromar arising out of or relating to these Terms of Service or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be in the state and federal courts in Lee County, Florida. If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. The failure of Miromar to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
Last updated: October 1, 2011
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