Scott Cooper Miami Beach Terms of Use

1. This is a binding agreement between you and OUR WEBSITE.

By using this Site (and its related sites, services and tools, including without limitation, the Service) you agree to be bound by the terms of  ScottCooperMiamiBeach.net (hereinafter referred to as “OUR WEBSITE”) Website Terms of Use Agreement (“TOU”) and the Privacy Policy.

If you do not wish to be bound by the Terms of Use and Privacy Policy found at scottcoopermiamibeach.net/scott-cooper-miami-privacy-policy you must leave this OUR WEBSITE immediately. To have your information removed from our website, please send an email to [email protected].

Your further use of the Site will be considered your acceptance of these Terms of Use and the Privacy Policy. OUR WEBSITE reserves the right to update and change, from time to time, this Terms of Use and all documents incorporated by reference.

You can find the most recent version of this TOU at OUR WEBSITE.  OUR WEBSITE will post a notice on its home page that this Terms of Use has changed. Use of the Site after such changes constitutes acceptance of such changes.

2. The Site provides reviews and information for research and informational purposes only.

The reviews and information provided on our site are opinions to be used for research and informational purposes only. They are not to be construed as professional or legal advice by our website, owners, staff or the like. Our site visitors should know that many factors impact the applicability of the information presented here and you shouldn’t rely on this as professional or legal advice.

3. We receive compensation from companies featured on the website.

In order to provide this free service, we allow advertisers to place sponsored links on our site. We receive compensation from many of the companies featured on our website. You may read more about the Site’s activities and compensation by visiting our ADVERTISING DISCLOSURE.

4. All information is presented at the sole discretion of the Site’s editor and is not guaranteed or warranted for any purpose.

Our rankings, scoring and opinions are presented at the sole discretion of our site editor. Although an effort is made to ensure that all information presented is accurate and up to date, we cannot and do not provide a warranty to the accuracy of data and information on this site.

5. Removing Your Information from the Website.

If you would like to remove your information from our site, please send an email to the email address above.

6. You grant OUR WEBSITE a license to use all User Content.

By using the Site, You grant OUR WEBSITE a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting OUR WEBSITE, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of OUR WEBSITE, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that OUR WEBSITE may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

7. OUR WEBSITE has Intellectual Property rights to its Site.

a) Our Site and all of its original contents (collectively, the “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by OUR WEBSITE or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work or compilation or both.

b) No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by OUR WEBSITE.

c) You may browse through the Site and download the Services. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in this Terms of Use, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this Terms of Use, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our Intellectual Property or the Site itself.

8. Your use of the Site is restricted as provided in this Agreement.

You may not use this Site for any purpose that is unlawful or prohibited by this Terms of Use, or cause damage on or through this Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Site, except those automated means that OUR WEBSITE has expressly approved in writing in advance. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law.

9. This Site contains links to third party sites and services.

This Site may contain links to other sites owned by third parties. Your use of each of those sites is at your own risk and is subject to the terms of those sites. OUR WEBSITE has no control over sites that are not ours, and OUR WEBSITE is not responsible for any changes to or content on them. OUR WEBSITE assumes no responsibility for the content of or services offered by linked third-party sites, and makes no representations regarding the accuracy of materials on third-party Web sites. Statements made on third-party Web sites linked to or from this Site reflect only the views of their authors and not of OUR WEBSITE. OUR WEBSITE’S inclusion on the Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

10. Disclaimer of Warranties.

a)  OUR WEBSITE DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE OR THROUGH THE SERVICES. USE OF THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES AND ALL CONTENTS OF EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

b)  OUR WEBSITE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. OUR WEBSITE IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE OR SERVICES.

c) OUR WEBSITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE OR SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE OUR WEBSITE MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR WEBSITE. OUR WEBSITE UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

d) OUR WEBSITE DOES NOT REPRESENT THAT THE SITE, THE SERVICES OR ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.

e)  OUR WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. Limitation of Liability.

a) OUR WEBSITE is not liable to you for claims or liabilities of any kind, including without limitation, for any direct, indirect, incidental, consequential or any other damages arising out of or related to the use of the site or services by you or by third parties or arising out of or related to any third-party software, any data accessed while using the site or services, your use or inability to use or access the site or services, whether such damage claims are brought under any theory of law or equity even if you have advised OUR WEBSITE in advance of the possibility of such damage, including, without limitation, damages for loss of business profits, injury to person or property, business interruption, loss of business or personal information.

b) If, notwithstanding the limitations of liability set forth above,OUR WEBSITE is found liable under any theory, OUR WEBSITE’s liability under this agreement or otherwise with respect to the site and the services and your exclusive remedy will be limited to money damages not to exceed $100.

c) Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages as set forth in sections 6 and 7. accordingly, some of the limitations set forth in sections 6 and 7 may not apply to you. in such case, the terms of section 10(e) (severability) below will apply.

12. Indemnification.

You will defend, indemnify and hold OUR WEBSITE harmless from any claim or demand, including attorneys’ fees and costs, made by any third party in connection with or arising out of your use of the Site, your violation of any terms of this Terms Of Use, your violation of applicable laws, or your violation of any rights of another person or entity.

13. Arbitration Agreement.

a) YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND OUR WEBSITE, ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A DELAWARE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). NEITHER YOU NOR OUR WEBSITE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

14. Miscellaneous Provisions.

a) This Terms of Use and the Privacy Policy constitute the entire understanding between OUR WEBSITE and you respecting use of the Site and the Services, superseding all prior agreements between you and OUR WEBSITE. If there is any conflict between the terms this Terms Of Use and those in the Privacy Policy, the terms of this Terms of Use will control, except to the extent that the Privacy Policy imposes additional restrictions and liabilities on your actions.

b)  This Site can be accessed from all 50 states of the United States and from all around the world. As each of these jurisdictions has laws and regulations that may differ from those of Delaware, by accessing this Site you and OUR WEBSITE agree that the laws of Delaware (expect for conflicts of laws principles) will apply to all matters relating to use of this Site. Exclusive jurisdiction must lie with the courts of Delaware for all disputes, actions or proceedings arising out of or relating to your use of the Site. In any dispute that arises out of the relationship of Delaware and you, including tort claims, the prevailing party will be entitled to attorneys’ fees and costs.

c)  Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to the Site, or the use of the Site, must be brought within one year after such claim or cause of action arose.

d)  This English-language Terms of Use is OUR WEBSITE’s official agreement with users of this Site. In case of any inconsistency between this English-language Terms of Use and its translation into another language, this English-language document controls.

e) If a provision of this Terms of Use is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this Terms of Use must not be affected or impaired.

f)  No failure or delay on the part of OUR WEBSITE in exercising any right, power or remedy under this Terms of Use may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power or remedy under this Terms of Use.