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Signed in as:
filler@godaddy.com
Last updated April 22, 2022
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. SUBMISSIONS
12. SITE MANAGEMENT
13. PRIVACY POLICY
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS
16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. CALIFORNIA USERS AND RESIDENTS
25. MISCELLANEOUS
26. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you,whether personally or on behalf of an entity (“you”) and TJ Corals, Inc. ("Company",“we”, “us”, or “our”), concerning your access to and use of the https://tjcorals.comwebsite as well as any other media form, media channel, mobile website or mobileapplication related, linked, or otherwise connected thereto (collectively, the “Site”).We are registered in Florida, United States and have our registered office at 973 SWConnecticut Ter, Port Saint Lucie, FL 34953. You agree that by accessing the Site,you have read, understood, and agreed to be bound by all of these Terms of Use. IFYOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU AREEXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUSTDISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Sitefrom time to time are hereby expressly incorporated herein by reference. We reservethe right, in our sole discretion, to make changes or modifications to these Terms ofUse at any time and for any reason. We will alert you about any changes by updatingthe “Last updated” date of these Terms of Use, and you waive any right to receivespecific notice of each such change. Please ensure that you check the applicableTerms every time you use our Site so that you understand which Terms apply. Youwill be subject to, and will be deemed to have been made aware of and to haveaccepted, the changes in any revised Terms of Use by your continued use of the Siteafter the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by anyperson or entity in any jurisdiction or country where such distribution or use would becontrary to law or regulation or which would subject us to any registrationrequirement within such jurisdiction or country. Accordingly, those persons whochoose to access the Site from other locations do so on their own initiative and aresolely responsible for compliance with local laws, if and to the extent local laws areapplicable.
The Site is not tailored to comply with industry-specific regulations (Health InsurancePortability and Accountability Act (HIPAA), Federal Information Security ManagementAct (FISMA), etc.), so if your interactions would be subjected to such laws, you maynot use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The
Site is intended for users who are at least 18 years old. Persons under the ageof 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise
indicated, the Site is our proprietary property and all source code,databases,
functionality, software, website designs, audio, video, text, photographs,and
graphics on the Site (collectively, the “Content”) and the trademarks, servicemarks, and logos contained therein (the “Marks”) are owned or controlled by us orlicensed to us, and are protected by copyright and trademark laws and various
otherintellectual property rights and unfair competition laws of the United
States,international copyright laws, and international conventions. The Content and theMarks are provided on the
Site “AS IS” for your information and personal use only.Except as expressly provided in these Terms
of Use, no part of the Site and noContent or Marks may be copied, reproduced,
aggregated, republished, uploaded,posted, publicly displayed, encoded,
translated, transmitted, distributed, sold,licensed, or otherwise exploited
for any commercial purpose whatsoever, without ourexpress prior written
permission.
Provided that you
are eligible to use the Site, you are granted a limited license toaccess and
use the Site and to download or print a copy of any portion of the Contentto
which you have properly gained access solely for your personal, non-commercialuse. We reserve all rights not expressly granted to you in and to the Site, the Contentand the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
(1) all registration information yousubmit
will be true, accurate, current, and complete; (2) you will maintain theaccuracy of such information and promptly update such registration information asnecessary; (3) you have the legal capacity and you agree to comply with these Termsof Use;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will notaccess the Site
through automated or non-human means, whether through a bot,script or
otherwise; (6) you will not use the Site for any illegal or unauthorizedpurpose; and (7) your use of the Site
will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your passwordconfidential and will be responsible for all use of your account and password. Wereserve the right to remove, reclaim, or change a username you select if wedetermine, in our sole discretion, that such username is inappropriate, obscene, orotherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible the colors, features,specifications, and details of the products available on the Site. However, we do notguarantee that the colors, features, specifications, and details of the products will beaccurate, complete, reliable, current, or free of other errors, and your electronicdisplay may not accurately reflect the actual colors and details of the products. Allproducts are subject to availability
,
and we cannot guarantee that items will be instock. We reserve the right to
discontinue any products at any time for any reason.Prices for all products
are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- PayPal
- American Express
You agree to provide current, complete, and accurate purchase and accountinformation for all purchases made via the Site. You further agree to promptly updateaccount and payment information, including email address, payment method, andpayment card expiration date, so that we can complete your transactions and contactyou as needed. Sales tax will be added to the price of purchases as deemed requiredby us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and anyapplicable shipping fees, and you authorize us to charge your chosen paymentprovider for any such amounts upon placing your order.
We reserve the right tocorrect
any errors or mistakes in pricing, even if we have already requested orreceived payment.
We reserve theright to refuse any order placed through the Site. We may, in our solediscretion, limit or
cancel quantities purchased per person, per household, or perorder. These restrictions may include orders placed
by or under the same customeraccount, the same payment method, and/or orders
that use the same billing orshipping address. We reserve the right to limit or prohibit orders that, in our solejudgment, appear to be placed by dealers, resellers, or distributors.
7. RETURN POLICY
All sales are final and no refund will be issued.
8. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which wemake the Site available. The Site may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved byus.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile,directly or indirectly, a collection, compilation, database, or directory withoutwritten permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of theSite, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Site and/or the Contentcontained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harmanother person.
Make improper use of our support services or submit false reports of abuse ormisconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenanceof the Site.
Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username ofanother user.
Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networksor services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agentsengaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrictaccess to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up apart of the Site.
Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or othersoftware.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/oremail addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated means orunder false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Siteand/or the Content for any revenue-generating endeavor or commercialenterprise.
9. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with theopportunity to create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Site, including but not limited to text,writings, video, audio, photographs, graphics, comments, suggestions, or personalinformation or other material (collectively, "Contributions"). Contributions may beviewable by other users of the Site and through third-party websites. As such, anyContributions you transmit may be treated in accordance with the Site Privacy Policy.When you create or make available any Contributions, you thereby represent andwarrant that:
The creation, distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will notinfringe the proprietary rights, including but not limited to the copyright, patent,trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights,consents, releases, and permissions to use and to authorize us, the Site, andother users of the Site to use your Contributions in any manner contemplatedby the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name or likenessof each and every such identifiable individual person to enable inclusion anduse of your Contributions in any manner contemplated by the Site and theseTerms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or otherforms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.
Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specificperson or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any thirdparty.
Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors;
Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, anyprovision of these Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing violatesthese Terms of Use and may result in, among other things, termination or suspensionof your rights to use the Site and the Marketplace Offerings.
10. CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and use any information andpersonal data that you provide following the terms of the Privacy Policy and yourchoices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that wecan use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site. Youare solely responsible for your Contributions to the Site and you expressly agree toexonerate us from any and all responsibility and to refrain from any legal actionagainst us regarding your Contributions.
11. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Site or the Marketplace Offerings("Submissions") provided by you to us are non-confidential and shall become oursole property. We shall own exclusive rights, including all intellectual property rights,and shall be entitled to the unrestricted use and dissemination of these Submissionsfor any lawful purpose, commercial or otherwise, without acknowledgment orcompensation to you. You hereby waive all moral rights to any such Submissions,and you hereby warrant that any such Submissions are original with you or that youhave the right to submit such Submissions. You agree there shall be no recourseagainst us for any alleged or actual infringement or misappropriation of anyproprietary right in your Submissions.
12. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations ofthese Terms of Use; (2) take appropriate legal action against anyone who, in our solediscretion, violates the law or these Terms of Use, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof; (4) inour sole discretion and without limitation, notice, or liability, to remove from the Site orotherwise disable all files and content that are excessive in size or are in any wayburdensome to our systems; and (5) otherwise manage the Site in a mannerdesigned to protect our rights and property and to facilitate the proper functioning ofthe Site and the Marketplace Offerings.
13. PRIVACY POLICY
We care about data privacy and security. Please review our PrivacyPolicy: tjcorals.com/privacy-policy. By using the Site or the Marketplace Offerings,you agree to be bound by our Privacy Policy, which is incorporated into these Termsof Use. Please be advised the Site and the Marketplace Offerings are hosted in theUnited States. If you access the Site or the Marketplace Offerings from any otherregion of the world with laws or other requirements governing personal datacollection, use, or disclosure that differ from applicable laws in the United States,then through your continued use of the Site, you are transferring your data to theUnited States, and you expressly consent to have your data transferred to andprocessed in the United States.
14. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THEMARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IPADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OFANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE ORPARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS ORDELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOUPOSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowed name,or the name of any third party, even if you may be acting on behalf of the third party.In addition to terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Site. We also reserve the right to modifyor discontinue all or part of the Marketplace Offerings without notice at any time. Wewill not be liable to you or any third party for any modification, price change,suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at alltimes. We may experience hardware, software, or other problems or need to performmaintenance related to the Site, resulting in interruptions, delays, or errors. Wereserve the right to change, revise, update, suspend, discontinue, or otherwisemodify the Site or the Marketplace Offerings at any time or for any reason withoutnotice to you. You agree that we have no liability whatsoever for any loss, damage, orinconvenience caused by your inability to access or use the Site or the MarketplaceOfferings during any downtime or discontinuance of the Site or the MarketplaceOfferings. Nothing in these Terms of Use will be construed to obligate us to maintainand support the Site or the Marketplace Offerings or to supply any corrections,updates, or releases in connection therewith.
16. GOVERNING LAW
These Terms of Use and your use of the Site and the Marketplace Offerings aregoverned by and construed in accordance with the laws of
the State of Floridaapplicable to agreements made and to be entirely performed within
the State ofFlorida, without regard to its conflict of law principles.
17. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claimrelated to these Terms of Use (each "Dispute" and collectively, the “Disputes”)brought by either you or us (individually, a “Party” and collectively, the “Parties”), theParties agree to first attempt to negotiate any Dispute (except those Disputesexpressly provided below) informally for at least thirty (30) days before initiatingarbitration. Such informal negotiations commence upon written notice from one Partyto the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, theDispute (except those Disputes expressly excluded below) will be finally andexclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUTTHIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT ANDHAVE A JURY TRIAL. The arbitration shall be commenced and conducted under theCommercial Arbitration Rules of the American Arbitration Association ("AAA") and,where appropriate, the AAA’s Supplementary Procedures for Consumer RelatedDisputes ("AAA Consumer Rules"), both of which are available at the AAA websitewww.adr.org. Your arbitration fees and your share of arbitrator compensation shall begoverned by the AAA Consumer Rules and, where appropriate, limited by the AAAConsumer Rules. The arbitration may be conducted in person, through thesubmission of documents, by phone, or online. The arbitrator will make a decision inwriting, but need not provide a statement of reasons unless requested by eitherParty. The arbitrator must follow applicable law, and any award may be challenged ifthe arbitrator fails to do so. Except where otherwise required by the applicable AAArules or applicable law, the arbitration will take place in Saint Lucie, Florida. Exceptas otherwise provided herein, the Parties may litigate in court to compel arbitration,stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgmenton the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shallbe commenced or prosecuted in the state and federal courts located in Saint Lucie,Florida, and the Parties hereby consent to, and waive all defenses of lack of personaljurisdiction, and forum non conveniens with respect to venue and jurisdiction in suchstate and federal courts. Application of the United Nations Convention on Contractsfor the International Sale of Goods and the Uniform Computer InformationTransaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site becommenced more than one (1) years after the cause of action arose. If this provisionis found to be illegal or unenforceable, then neither Party will elect to arbitrate anyDispute falling within that portion of this provision found to be illegal or unenforceableand such Dispute shall be decided by a court of competent jurisdiction within thecourts listed for jurisdiction above, and the Parties agree to submit to the personaljurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for any Dispute tobe arbitrated on a class-action basis or to utilize class action procedures; and (c)there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competent jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.
18. CORRECTIONS
There may be information on the Site that contains typographical errors,inaccuracies, or omissions that may relate to the Marketplace Offerings, includingdescriptions, pricing, availability, and various other information. We reserve the rightto correct any errors, inaccuracies, or omissions and to change or update theinformation on the Site at any time, without prior notice.
19. DISCLAIMER
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREETHAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TOTHE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USETHEREOF, INCLUDING, WITHOUTLIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THECONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUMENO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2)PERSONAL INJURY ORPROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROMYOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESSTO OR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANYINTERRUPTION OR CESSATION OF TRANSMISSIONTO OR FROM THE SITE,(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BETRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FORANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USEOF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADEAVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
ORASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR INANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ASWITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUMOR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THEAMOUNT PAID, IF ANY, BY YOU TO US . CERTAIN US STATE LAWS ANDINTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IFTHESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS ORLIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.
21. INDEMNIFICATION
You agree todefend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, and
employees, fromand against any loss, damage, liability, claim, or demand, including
reasonableattorneys’ fees and expenses, made by any third party due to or
arising out of:
(1)use of the Site; (2) breach of these Terms of Use; (3) any breach of yourrepresentations and warranties set forth in these Terms of Use; (4) your violation ofthe rights of a third party, including but not limited to intellectual property rights; or (5)any overt harmful act toward any other user of the Site with whom you connected viathe Site. Notwithstanding the foregoing, we reserve the right, at your expense, toassume the exclusive defense and control of any matter for which you are required toindemnify us, and you agree to cooperate, at your expense, with our defense of suchclaims. We will use reasonable efforts to notify you of any such claim, action, orproceeding which is subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain
certain data that you transmit to the Site for the purpose ofmanaging the
performance of the Site, as well as data relating to your use of the Site.Although we perform regular routine backups
of data, you are solely responsible forall data that you transmit or that
relates to any activity you have undertaken using theSite. You agree
that we shall have no liability to you for any loss or corruption of anysuch
data, and you hereby waive any right of action against us arising from any suchloss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agreethat all agreements, notices, disclosures, and other communications we provide toyou electronically, via email and on the Site, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OFELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an original signature ordelivery or retention of non-electronic records, or to payments or the granting ofcredits by any means other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the California
Department ofConsumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento,California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or inrespect to the Site constitute the entire agreement and understanding between youand us. Our failure to exercise or enforce any right or provision of these Terms of Useshall not operate as a waiver of such right or provision. These Terms of Use operateto the fullest extent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable for any loss,damage, delay, or failure to act caused by any cause beyond our reasonable control.If any provision or part of a provision of these Terms of Use is determined to beunlawful, void, or unenforceable, that provision or part of the provision is deemedseverable from these Terms of Use and does not affect the validity and enforceabilityof any remaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and us as a result of these Terms of Use oruse of the Site. You agree that these Terms of Use will not be construed against usby virtue of having drafted them. You hereby waive any and all defenses you mayhave based on the electronic form of these Terms of Use and the lack of signing bythe parties hereto to execute these Terms of Use.
26. CONTACT US
In order to resolve a complaint regarding the Site or to receive further informationregarding use of the Site, please contact us at:
TJ Corals, Inc.
973 SW Connecticut Ter
Port Saint Lucie, FL 34953
United States
Phone: 7724083975
These terms of use were created using Termly's Terms and Conditions Generator.
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