Zeno’s Boardwalk Sweet Shop– Terms of Service
- Services.The term Services, as used herein and defined in paragraph 1, includes, without limitation, shopping services, email services, links, and any other service which may be accessed through any medium or device now known or hereafter developed and available on the Website. You understand and agree that the Services may include certain communications from Zeno’s, such as service announcements and administrative messages.
- Acceptance of Terms.
- In order to use the Services, you must first agree to the Terms.You may not use the Services if you do not accept the Terms.You can accept the Terms by:
- Clicking to accept or agree to the Terms, where this option is made available to you in the user interface for any Service; or
- By actually using the Services.In this case, you understand and agree that Zeno’s will treat your use of the Services as acceptance of the Terms from that point onwards.
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Zeno’s; or
- you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
- Before you continue, you should print off or save a local copy of the Terms for your records.
- Changes to Terms.Zeno’s may change the Terms from time to time.When these changes are made, Zeno’s will post the revised Terms here. You understand and agree that if you use the Services after the date on which the applicable Terms have changed, your use constitutes acceptance of the updated Terms.
- Registration Requirements.To order products, receive emails, discounts, and other offers from Zeno’s, you must register. In order to register, you are required to provide your name and contact information. You will also be required to create a member name and password.You agree to (a) provide true, accurate, current and complete information about yourself as prompted by Zeno’s registration form (the ‘Registration Data’) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Zeno’s may reject or terminate the use of any member name or registered account that Zeno/s deems inappropriate or inaccurate for any reason.
- Account Requirements.You agree to use the Website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices in the relevant jurisdictions. You are responsible for maintaining the confidentiality of your Registration Data, and are responsible for all activities that occur under your member name or account.If you discover or suspect any unauthorized use of your account, you agree to immediately notify Zeno’s. Zeno’s may terminate any account that is inactive for an extended period of time.
- Disclosure of Account Information. You acknowledge and agree that Zeno’s may access, preserve and disclose your account information or Registration Data if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to your requests for customer service; or (e) protect the rights, property or safety of Zeno’s or anyone else.
- Prohibited Conduct.You agree that you will not:
- We reserve the right to refuse service to anyone.
- Engage in any activity that interferes with or disrupts the Website, the Services or the servers and networks which are connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Use the Services for any fraudulent or illegal purpose, or to gather personally identifiable information without prior consent;
- Post any content, or link to any website, containing any obscene, violent, illegal or objectionable material; or
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, during registration or otherwise.
- The Terms will continue to apply until terminated by either you or Zeno’s.If you want to terminate your legal agreement with Zeno’s, you may do so by: (i) notifying Zeno’s at any time by sending written notice to ____________________; (ii) closing your accounts on the Website, where Zeno’s has made this option available to you; and (ii) ceasing your use of all Services.
- Zeno’s may terminate its legal agreement with you at any time, in its sole discretion, and with or without notice, including if: (i) you have breached any provision of the Terms; (ii) Zeno’s is required to do so by law; or (iii) the Services are modified, eliminated, or no longer commercially viable.
- Illegal Conduct.Zeno’s reserves the right, in its sole discretion, with or without notice, to investigate, and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving the Services or the Website.
- Intellectual Property.You understand that all information or materials to which you may have access as part of, or through your use of, the Services or the Website is the sole responsibility of the person from which such information or materials originated. All such information is referred to as ‘Content.’All such Content, including but not limited to advertisements, logos, sponsored Content, posts, blogs, messages, and third-party links on the Website, may be protected by intellectual property rights which are owned by the provider of the Content (or by other persons or entities). You may not modify, rent, lease, loan, sell, distribute, copy, or create derivative works based on this Content (either in whole or in part) unless you have been given written permission by the owners of that Content. You acknowledge and agree that: (i) Zeno’s (or its licensors) own all legal right, title and interest in and to the Services and to the Content created by Zeno’s, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights might exist); (ii) by posting any Content, you grant an irrevocable, non-exclusive, royalty-free license to Zeno’s to use, reproduce, modify, and redistribute such Content alone, as a party of the Services, or as a party of other works in any form chose in Zeno’s sole discretion; and (iii) that Zeno’s is in no way responsible for, nor shall have any liability related to, any Content which is not created by Zeno’s. The trademarks, service marks, and trade names appearing on the Website are the common law or registered trademarks of Zeno’s, its licensors, or others.No trademark, service mark, or trade name may be used without the express written permission of the owner.
- Contributions.By submitting ideas, suggestions, documents, and/or proposals (‘Contributions’) to Zeno’s, you acknowledge and agree that:
- Your Contributions do not contain confidential or proprietary information;
- Zeno’s is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
- Zeno’s shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way;
- Zeno’s may have something similar to the Contributions already under consideration or in development;
- Your Contributions automatically become the property of Zeno’s without any obligation of Zeno’s to you; and
- You are not entitled to any compensation or reimbursement of any kind from Zeno’s under any circumstances.
- Outgoing.The Services may include hyperlinks to other web sites or resources. Zeno’s may have no control over any such web sites or resources.You acknowledge and agree that Zeno’s is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Zeno’s is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- Incoming.You are free to establish a hypertext link to the Website so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Zeno’s.However, you may not frame any of the content of the Website without the prior written permission of Zeno’s.
- Digital Millennium Copyright Act.Zeno’s respects the intellectual property of others, and we ask our users to do the same.Zeno’s may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers
- Notice.If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us pursuant to the following policy. Notification of claims for copyright infringement must be in writing and delivered to Heather Bond Vargas, Esquire, Cobb & Cole P.A., 150 Magnolia Avenue, Daytona Beach, Florida 32114. Phone number (386) 255-8171. Facsimile number (386) 255-0093. E-mail address: email@example.com.
All notices must contain:
i. A physical or electronic signature on behalf of the copyright owner or claimant;
ii.Specific identification of the work allegedly being infringed;
iii.Specific identification of the allegedly infringing work that the complainant would like removed, including the location of the material;
iv.ComplainantÌ’s contact information, including name, address, telephone number, and e-mail address;
v.A statement that the complainant has a good faith belief that the use of the material is not authorized by the copyright owner or claimant; and
vi.A statement that the information in the notice is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner or claimant of the copyright.
- You understand that the Services and the software embedded or supporting the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Zeno’s and/or third parties who provide Content for the Website.You may not attempt to override or circumvent any of the usage rules embedded in the Services.You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Services.
- Third-Party Sites.Some of the Services are provided by third party vendors to Zeno’s.To the extent that these Services are outside the Zeno’s control, you acknowledge and agree that these Services constitute third party Content and such websites are subject to the provisions below:
- Your correspondence or business dealings with, or participation in promotions of, the third parties, including but not limited to vendors or other persons who use the Services and post Content, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Zeno’s shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, the presence of such third parties on the Website, or the use of the Services by such third parties.
- If there is a dispute between you and any third party, you understand and agree that Zeno’s is not liable and is under no obligation to become involved.In the event that you have a dispute with a third party, you release Zeno’s, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.
- Modification or Cessation of Services.You acknowledge and agree that the form and nature of the Services which Zeno’s provides may change from time to time without prior notice to you.You acknowledge and agree that Zeno’s may also stop, permanently or temporarily, providing the Services (or any features) to you or to users generally at Zeno’s sole discretion, without prior notice to you.You agree that Zeno’s shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
- Reporting Violation of Terms of Services.Please report any violation of the Terms to Zeno’s at ___________________
- Indemnity.You agree to indemnify and hold Zeno’s harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Services, your use of the Services, your connection to the Website or Services, your violation of the Terms, or your violation of any rights of another. You also agree to indemnify and hold Zeno’s harmless from any liability or damages resulting from the use of Content provided through the Services or on the Website, regardless of whether such information was provided by Zeno’s or a third party.
- DISCLAIMER OF WARRANTIES.YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE.’IN PARTICULAR, ZENO’S, ITS AFFILIATES, AND ITS LICENSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZENO’S OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.ZENO’S FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- LIMITATION OF LIABILITY.YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZENO’S, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOOD WILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF (i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT POSTED ON THE WEBSITE OR MADE AVAILABLE THROUGH THE SERVICES, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SPONSOR, USER, MEMBER OR OTHER THIRD PARTY WHOSE CONTENT OR SERVICES APPEAR ON THE WEBSITE; (ii) ANY CHANGE WHICH ZENO’S MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THESERVICES); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR (iv) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
- THE LIMITATIONS ON ZENO’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT ZENO’S HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- Acknowledgment.You acknowledge and agree that (a) you have read and understood the Terms; (b) the Terms are fair and reasonable, and not unduly restrictive; and (c) that you have had the opportunity to confer with legal and financial counsel of your choosing regarding the Terms.
- Survival.In the event of termination of this Agreement, the provisions regarding Disclosure of Account Information, Illegal Conduct, Intellectual Property, Contributions, Third-Party Sites, Indemnity, Disclaimer of Warranties, Limitation of Liability, Acknowledgment, Survival, and General Provisions shall survive.
- General Provisions.
- Notices. Zeno’s may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Website or through the Services.
- Waiver.Any waiver by Zeno’s of any breach of, or failure to comply with,any provision of the Terms by you shall be in writing and shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or failure to comply with, any other provision of the Terms.
- Governing Law; Jurisdiction; Venue.This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, without regard to its principles of conflicts of laws.Each party hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Florida located in Volusia County or the appropriate federal court having subject matter jurisdiction of the dispute and encompassing Volusia County Florida,(the “Florida Courts”) for any litigation arising out of or relating to the Terms and the transactions contemplated hereby (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Florida Courts and agrees not to plead or claim in any Florida Court that such litigation brought therein has been brought in an inconvenient forum.
- Entire Agreement.This Agreement comprises the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement, oral or written, relating to, the subject matter hereof.
- Attorneys’ Fees.In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including attorneys’ fees, whether incurred during settlement, at trial, in arbitration, on appeal, or in any bankruptcy proceeding.
- Severability.Should any one or more of the provisions of the Terms be determined to be illegal or unenforceable, all other provisions shall be given effect separately from the provision or provisions determined to be illegal or unenforceable and shall not be affected thereby
- WAIVER OF JURY TRIAL. BY EXECUTING THIS AGREEMENT, THE PARTIES HERETO KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT THEY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE ISSUES RAISED BY ANY SUCH DISPUTE.
- Binding Effect.This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns or legal representatives.
- Force Majeure.Zeno’s shall not be deemed in breach of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted,orpreventedbyreasonofanyactofGod,naturaldisaster,act of government, or any other act or condition beyond Zeno’s reasonable control.
- Joint Drafting.If an ambiguity or question of intent arises with respect to any provision of this Agreement, the Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of this Agreement
- Non-Assignment.This Agreement may not be assigned by you.Zeno’s may assign all, or certain portions, of this Agreement at any time.