Terms of Use

Terms of Use

YOUR FLORIDA MENTOR TERMS OF USE AGREEMENT

The Your Florida Mentor website, blog and its associated services and content shall be known collectively as the “Website.”  Your Florida Mentor has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website.  By using the Website and making purchases thereon, you expressly accept the terms and conditions in this Agreement.

YOUR FLORIDA MENTOR MAY FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT YOUR FLORIDA MENTOR MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

It is not Your Florida Mentor’s intention to provide any legal advice, opinion, or recommendations.  Rather, the Website, its services, and related content on the Website is for informational and research purposes only.  If You need legal advice for a specific issue, Your Florida Mentor urges You to consult with a licensed attorney.

The information provide on the Website should not be considered complete or up to date.  Your reliance upon any information provided by Your Florida Mentor, Guides, Customers, Your Florida Mentor’s contractors and employees, if any, or Guests is solely at your own risk.  Further, You understand that Your Florida Mentor is not obligated to provide any maintenance, technical or other support for the Website.

Warranties and Representations

You warrant and agree that You have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  You warrant that You are a human individual that is eighteen (18) years of age or older.  If You are under eighteen (18) years of age but at least thirteen (13) years of age, You must present this Agreement to your parent or legal guardian for their review. You warrant that You are not prohibited from assenting to this Agreement by any preexisting Agreement.

You warrant and represent that any and all information that You provide to Your Florida Mentor and the Website is accurate and valid.  You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Website.  You agree to comply in good faith with the terms of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and You agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.  Given the global nature of the Internet, You agree to comply with all laws and rules where You reside or where You use the Website.  The Website is operated in the United States and Your Florida Mentor makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.

Ownership of Website and License

Excluding your content, You acknowledge and agree that Your Florida Mentor is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and You are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, You are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Your Florida Mentor.

Your Florida Mentor hereby grants You during the Term of this Agreement a limited, non-exclusive, non-sublicenseable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as modifying the Website or any portion of it will result in the termination of this license.  Absent prior written permission from Your Florida Mentor, You are not permitted to reproduce, prepare derivative works, distribute copies, modify, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to Your Florida Mentor.

Intellectual Property

All trademarks (common law or registered), copyrights (common law or registered), and service marks displayed on this Website are the property of Your Florida Mentor.  You are prohibited from using Your Florida Mentor’s trademarks, copyrights, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Your Florida Mentor.

Customer License

Customers may purchase license rights in order to license the Content through the Website.  Guides grant Customers a non-exclusive, worldwide license to access and use the Content solely for personal, non-commercial purposes.  Without limiting the foregoing, and notwithstanding the terms of this Agreement, the Content may not be used, distributed, or otherwise exploited for commercial purpose, commercial advantage, or private monetary compensation.  Any rights not expressly granted in the Customer license are reserved to the respective Guide that owns the Content.

Your Florida Mentor may change any terms and conditions regarding Your use of the Website at any time.  Your use of the Website shall constitute acceptance of any changes made to this Agreement.

All costs and fees are quoted and payable in United States Dollars and are subject to change.  Payment is processed through a third-party payment processor, such as PayPal, Amazon, and/or Stripe.  It is your sole responsibility to review and comply with all Terms and Policies of any third parties.  You agree to pay all applicable taxes, duties, levies or charges imposed by any governmental entity anywhere in the world.  You understand and agree that Your Florida Mentor will not be held liable for any user’s failure to use the services or to complete a transaction entered into through the Website.

Your Florida Mentor does not offer any refunds on the Content purchased via the Website.  In the event of credit card fraud or unauthorized use of your credit card by third parties, Your Florida Mentor may, at its sole discretion, refund a portion of the payment made by a Customer for the Content.

Prohibited Uses

You agree that You will not use the Website or to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, You are prohibited from, without limitation:

    Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the Website;

    Suggesting an affiliation with or endorsement by Your Florida Mentor;

    Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18;

    Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices;

    Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;

    Circumventing Your Florida Mentor’s technological or security protection mechanisms;

    Using a script, robot, spider, scraper, or other automated technology to access the Website;

    Attempting to gain access to the private data or personal information of a user of the Website or a third party;

    Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;

    Harassing and/or stalking a third party through your use of the Website;

    Impersonating another or creating multiple alias accounts;

    Using the Website in furtherance of any unlawful sexual solicitation;

    Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;

    Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;

    Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, or otherwise harmful;

    Posting or transmitting content that incites any illegal activity;

    Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; or

    Posting or transmitting content that violates any term or condition of this Agreement.

Your violation of any term or condition of this section may result in the immediate termination of your registration account and/or profile and the disabling of your access to the Website.

Third Party Links

You understand that the Website may contain links to third party websites, applications, or services that Your Florida Mentor does not own or control. You agree that Your Florida Mentor will not be held responsible or liable for the content of third party websites, applications, or services and that Your Florida Mentor’s inclusion of those websites, applications, or services within its Website does not constitute Your Florida Mentor’s endorsement of or recommendation of any of those websites, applications, or services.

Disclaimer of Warranties

YOUR FLORIDA MENTOR DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, SERVICES, OR PRODUCTS ACQUIRED THROUGH THE WEBSITE. YOUR FLORIDA MENTOR PROVIDES THE WEBSITE AND THE SERVICES AND PRODUCTS THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

YOUR FLORIDA MENTOR WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR OPINIONS, PROVIDED BY ANY CUSTOMER, USER, THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE.  YOUR FLORIDA MENTOR IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF.  YOUR FLORIDA MENTOR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE OR ASSOCIATED SERVICES.

YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICE, INCLUDING, BUT NOT LIMITED TO CUSTOMERS, AND GUESTS.

Limitation of Liability

YOUR FLORIDA MENTOR WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT YOUR FLORIDA MENTOR CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES OR GOODS PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL YOUR FLORIDA MENTOR’S LIABILITY TO YOU EXCEED $100. IF NO AMOUNT IS PAID BY YOU THROUGH THE WEBSITE, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

FURTHER, YOUR FLORIDA MENTOR WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS THROUGH THIRD PARTY PAYMENT PROCESSORS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnification

You agree to hold harmless, indemnify, and defend Your Florida Mentor, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend Your Florida Mentor under the terms of this Agreement will not provide you with the right to control Your Florida Mentor’s defense, and Your Florida Mentor reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Your Florida Mentor.

Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Your Florida Mentor may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Resolution of Disputes and Governing Law

This Agreement will be interpreted under and governed by the laws of the State of Florida without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Your Florida Mentor or the Website will be exclusively resolved through arbitration.

YOU AND YOUR FLORIDA MENTOR AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE ACQUIRING OF GOODS OR SERVICES FROM YOUR FLORIDA MENTOR, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN FLORIDA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF FLORIDA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND YOUR FLORIDA MENTOR AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF FLORIDA AND YOU AND YOUR FLORIDA MENTOR AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

Your Florida Mentor hereby incorporates its Privacy Policy and Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitute the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Your Florida Mentor.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and Your Florida Mentor will not knowingly collect personally identifiable information from children under the age of eighteen (18), without prior review by a parent or legal guardian. If Your Florida Mentor inadvertently collects such personally identifiable information, Your Florida Mentor will delete the personally identifiable information in accordance with its security protocols.

Limitation On Actions

YOUR FLORIDA MENTOR AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

Reservation of Rights

All rights not expressly granted herein are reserved to Your Florida Mentor.

Privacy Policy

Your Florida Mentor hereby incorporates its Privacy Policy to these Terms of Use.

Copyright Policy

Your Florida Mentor’s Website and its associated content and services are © 2018 Your Florida Mentor, Inc.

Your Florida Mentor respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Your Florida Mentor, Inc. as owner or authorized licensee and are protected by copyright and other intellectual property laws.

By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.