MiamiLakes.City Terms of Service and Conditions
This agreement (from now on “Agreement,” “Terms of Service,” “TOS” or “Terms”) constitutes a legal agreement between you (“Customer”) and MiamiLakes.City ( “We”, “Us”, or “MiamiLakes.City”) a proxy for Vertical Marketing LLC., a provider of retail web design, web hosting, e-mail, electronic commerce, and digital marketing (“Services”).
Please read this agreement carefully. By agreeing to our Terms of Service on the account signup form, signing up, communicating with us, paying for and/or using our services, you agree to be bound by the conditions and terms of this Agreement and our Privacy Policy. These Terms, product offerings, and pricing are subject to change at any time, without notice. If you do not agree to any changes, your only recourse is to stop using the service, deleting your account and or contact customer service via the contact us link on this website. If you have questions about this Agreement or our Privacy Statement, please do not fail to contact us.
Service Area
MiamiLakes.City is an area specific, online business directory available exclusively to businesses with physical locations within the Town of Miami Lakes, FL. Service area boundaries are NW 135th Street on the South, NW 186th Street on the North, NW 57th Avenue on the East and I-75 on the West. All application from outside this area will be declined. MiamiLakes.City reserves the right to alter these boundaries and or accepted applicants outside this area if we feel they provide a valuable service to the Miami Lakes Community.
Terms of Service
MiamiLakes.City, as your online business profile provider, will supply Customer with a business listing on MiamiLakes.City according to the specifics of your plan, along with various optional marketing services as specified on our Website (from now on “Services”).
You warrant that the contact and billing information, as listed on the account signup form, is correct, complete and is an accurate representation of your contact details. You also warrant that you are a valid representative of the entity or organization listed on our signup form, and are at least 18 years of age. Furthermore, you warrant that the business information including the physical address you have provided is correct and within the service area of the website service boundaries.
This Agreement represents the entire agreement between you and MiamiLakes.City, and supersedes any and all other communications and any course of performance or course of dealing, except as modified by revisions of this posting by MiamiLakes.City or written agreement by an authorized officer of MiamiLakes.City (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.)
Any of the terms, prices or services offered can be amended, modified or updated by MiamiLakes.City or Vertical Marketing LLC., at any time without aforementioned notice.
Customer Responsibility
The customer is responsible for uploading profile and/or providing and setting up any profile content. MiamiLakes.City is not responsible for modifying, correcting or updating profile material.
The customer is responsible for the content of any postings, data or transmissions. This responsibility extends to any individuals or entities given access to the account by the Customer.
The customer is responsible for maintaining the confidentiality of login and billing information. MiamiLakes.City is not liable for any account disputes that may arise between various parties holding account login information. MiamiLakes.City is not responsible for any changes made to the account or any information that has been modified by Customer, or any parties authorized by Customer, to access the Control Panel.
The customer is responsible for updating and maintaining contact and billing information with MiamiLakes.City. Any changes to the Customer contact information must be made using the contact form at our website. The customer is responsible for ensuring that MiamiLakes.City can notify the Customer for technical, billing or other issues or purposes deemed necessary by MiamiLakes.City to maintain the account.
The customer is responsible for any negative search engine optimization performed by third parties performed to boost the ranking of any individual profile. MiamiLakes.City will be handling all SEO marketing and reserves the right to sanction accounts that engage in black-hat SEO practices. Such sanction may include account suspension and/or discontinuation of your services or account, which actions we may take in our sole discretion.
Lawful Purpose
MiamiLakes.City reserves the right to refuse service to anyone in violation of our Terms of Service set forth below or anyone using our directory service for unlawful purposes.
Customer agrees to abide by all terms outlined in our Terms of Service and Conditions. Any violation of those terms will result in the actions outlined above.
Customer accepts liability resulting from any breach of our TOS.
Complaints Against Customer
(Excluding Trademarks and Copyright complaints)
MiamiLakes.City does not proactively review the profile of our Customers. In some situations, as outlined herein, we will review and remove files, Profile content or e-mail to validate compliance with our Terms.
We take no responsibility for the content or information contained on our Customers’ profile. The opinions and views expressed in the profiles displayed by MiamiLakes.City and that of Vertical Marketing LLC., does not necessarily reflect our views.
Payment Policies – General
Accounts will not be activated or reactivated without prior payment.
Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
Any losses or expenses experienced by the Customer, due to actions taken by MiamiLakes.City in response to Customer non-payment, are not the responsibility of MiamiLakes.City.
Payment Policies – Payment Processing
MiamiLakes.City’s preferred methods of payment is PayPal, at whish portal you can use Credit Cards, Debit Cards or Checks. To use PayPal does not require you to have an account although to have the full benefits and account protection that the company offers, an account is recommended.
When an account is canceled, all copies of the profiles are permanently and irretrievably removed from our servers.
If we are required to recover files due to an expired or canceled account, we may bill up to $25.00 for our data recovery time and effort; however, its success is not a guarantee.
If we make any refunds due to charges you dispute with your Credit Card Company or PayPal, we will cancel your account. The canceled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by MiamiLakes.City as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
Cancellation Policy
You are free to cancel your account at any time. Similarly, we reserve the right to cancel any accounts at any time, for any reason, including, but not limited to, a breach of this Agreement.
Fees paid to MiamiLakes.City are non-refundable unless there is an express money-back guarantee.
If your account is canceled for any other reason than a valid Thirty-day money-back guarantee, we may, in our sole discretion, refund none, some or all of the payment remitted before cancellation.
You have thirty (30) days to dispute any charge or payment processed by MiamiLakes.City. If you have a question concerning a charge you believe is incorrect, please contact us via our contact form.
Technology Parameters
The customer is responsible for providing the equipment and services necessary to access MiamiLakes.City networks, systems and servers. MiamiLakes.City makes no assurances that the Customer’s equipment is compatible with its services.
MiamiLakes.City is not responsible for any service issues experienced due to the use of any programs, scripts or software not provided by MiamiLakes.City or not residing on MiamiLakes.City’s network, systems or servers.
MiamiLakes.City is not responsible for ensuring that Customer profiles function correctly, nor are we responsible for troubleshooting malfunctioning programs, scripts or software in any specific amount of time.
Web Site Accessibility
We will use all efforts to ensure that Customers’ profiles are available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding scheduled maintenance and regular system repairs as initiated by MiamiLakes.City.
However, due to the nature and complexity of online services, we cannot guarantee the availability of (i) our Website, (ii) any Customer profiles, information or material hosted by us, or (iii) the products and/or services available on or through any of the above.
User Data
Pursuant to MiamiLakes.City’s Privacy Statement, MiamiLakes.City may disclose to third parties certain aggregate information contained in your signup or related data. However, MiamiLakes.City will NOT disclose personally identifying information to third parties unless such disclosure is:
– required or permitted by law, or is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
– intended to prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise represents actions taken in connection with such activities;
– to enforce these Terms of Service or otherwise establish or exercise MiamiLakes.City’s legal rights or defense against legal claims; or
– otherwise provided for in the MiamiLakes.City Terms of Service or Privacy Policy.
Backup / Restore
MiamiLakes.City does not maintain backup copies of Customer Profile.
MiamiLakes.City cannot guarantee that the contents of a profile will never be deleted or corrupted, or that a backup of a profile will always be available.
We ALWAYS recommend that Customers saves a copy of all content of profile added to the listing, to a local computer and strongly suggest that Customers make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.
Emergencies/Special Situations
We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Customers, including but not limited to actions requiring us to deactivate profiles, shut down our network, or review the content on profiles to evaluate the reason for perceived behaviors.
In rare instances, we may need to completely delete a profile or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup Deleted Data, but we cannot ever guarantee a full restore of a profile.
Acceptance of Commercial Relationship and E-mail Communications
By purchasing Services, you agree to this commercial relationship with us. As such, you agree our communications to you are solicited e-mails and not SPAM.
From time to time, we offer our Customers the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters. You may choose to opt-out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or by contacting our Support Team.
Waiver of Jury Trial
Both you and MiamiLakes.City hereby agrees to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court, and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
You and MiamiLakes.City each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, which each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings.
Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver.
The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
Limitations of Liability
MiamiLakes.City operates an online business directory, which affords a cost-effective marketing option for our Customers and introduces some risk that a Customer could impact others.
We cannot accept any liability for downtime, interruptions of service, loss of business, loss of data, breach of security or inadvertent access to your private data.
We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where MiamiLakes.City must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
MiamiLakes.City AND ITS CONTENT ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH MiamiLakes.City IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY MiamiLakes.City.
YOU AGREE THAT ALL ACCESS AND USE OF MiamiLakes.City AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL MiamiLakes.City BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY’S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER PROFILE OR ANY CONTENT ON SUCH WEB SITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE “UP” OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MiamiLakes.City SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
Miscellaneous
These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings, and pricing are subject to change at any time, without notice. If you do not agree to any changes, your only recourse is to stop using the service; in these situations, we will provide a pro-rated refund for unused services.
By visiting this Website and/or using or purchasing goods and/or services from or through this Website, you consent to the federal and provincial court of the state of Florida having jurisdiction over you. The Terms and the relationship between you and MiamiLakes.City shall be governed by and interpreted in accordance with the laws of The State of Florida, USA, without reference to its principles of conflicts of law.
If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
Contacting MiamiLakes.City
If you have any questions about these terms of services, the practices of this site, or your dealings with MiamiLakes.City, you can contact:
MiamiLakes.City
15476 NW 77th Court, Suite 205
Miami Lakes, FLORIDA 33016
USA
Updated January 01, 2017