These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the juliaandhenrys.com website (“Website(s)” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is a legally binding agreement between you (“User”, “you” or “your”) and 200 E Flagler Development LLC (“J&H”). J&H and you may in the singular be referred to as a “party” and collectively be referred to in this Agreement as “we”, “us”, “our”, or the “parties”. If you are entering into this agreement on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or ““your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and you may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and you acknowledge and agree that this Agreement is a legally binding contract between you and J&H.
You must be at least 18 years of age to access and use the Website and Services. By accessing and using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age, have reached the age of legal majority in your jurisdiction of residence, and that you are not a direct or indirect competitor of ours, or otherwise represents, directly or indirectly, the interest of a direct competitor.
If you create an account on the Website, you alone are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. We may, but have no obligation to, monitor and review user accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security regarding your account, the Website and Services. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions when accessing or using the Website or Services. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill, in our sole and absolute discretion. If we delete your account for the foregoing reasons, you may not, and shall not, re-register for our Services or on the Website. We reserve the right and may block your email address and Internet protocol address to prevent further registration, access, and use of our Website or Services, in our sole and absolute discretion.
If you have any questions, concerns, or complaints regarding this Agreement, the Website, or the Services, we encourage you to contact us using the email address and contact information set forth below:
200 E Flagler Development LLC
200 East Flagler St.
Miami, FL 33131
ALL WEBSITE(S) AND SERVICES GOVERNED BY THESE TERMS AND CONDITIONS ARE PROVIDED “AS IS” AND ‘AS AVAILABLE’ BASIS. J&H DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. J&H DOES NOT REPRESENT OR WARRANT BUT WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE WEBSITE(S) AND SERVICES ARE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND THAT THE SERVERS USED FOR THE WEBSITE(S) AND SERVICES WILL BE FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE WEBSITE(S), SERVICES, AND CONTENT APPEARING THEREON OR THEREIN. ACCORDINGLY, J&H CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. IN ORDER TO PROTECT THE WEBSITE(S), SERVICES, AND YOUR CONTENT, J&H MAY SUSPEND YOUR USE OF THE WEBSITE(S) AND SERVICES IMMEDIATELY, WITHOUT PRIOR NOTICE, PENDING AN INVESTIGATION, IF ANY BREACH OF SECURITY IS SUSPECTED. YOU ACKNOWLEDGE THAT THE WEBSITE(S) AND SERVICES AVAILABILITY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, AND ELECTRONIC COMMUNICATIONS. J&H IS NOT RESPONSIBLE OR DEEMED TO BE IN DEFAULT FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, OR UNAVAILABILITY RELATED TO YOUR APPLICATIONS, YOUR CONTENT, OR YOUR EQUIPMENT, OR THE ACTS OR OMISSIONS OF ANY USER OF THE SERVICES.
J&H’s liability to You, Your affiliates, registered agents, assignees, registrants or any third party claims, for claims seeking indemnity, or for any recoverable losses, damages, or litigation and attorneys’ fees or costs arising with respect to the Website(s) and Services, these Terms and Conditions shall be limited to the amount of your actual direct damages, not to exceed (in the aggregate for all claims) the total annual amount paid to J&H for the access and use of the Website(s) and Services at the time of the incident giving rise to liability, if any. If no fee is paid to J&H, then J&H retains no liability. These limitations of liability will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of any J&H warranty, if any, set forth in these Terms and Conditions.J&H’s liability to You, Your affiliates, registered agents, assignees, registrants or any third party claims, for claims seeking indemnity, or for any recoverable losses, damages, or litigation and attorneys’ fees or costs arising with respect to the Website(s) and Services, these Terms and Conditions shall be limited to the amount of your actual direct damages, not to exceed (in the aggregate for all claims) the total annual amount paid to J&H for the access and use of the Website(s) and Services at the time of the incident giving rise to liability, if any. If no fee is paid to J&H, then J&H retains no liability. These limitations of liability will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of any J&H warranty, if any, set forth in these Terms and Conditions.
IN NO EVENT WILL J&H OR ITS AFFILIATES, AND WEBSITES BE LIABLE OR INDEMNIFY YOU FOR: (i) ANY DAMAGES CAUSED BY YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES; (ii) ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR (iii) ANY LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF DATA, LOST SAVINGS, COST OF COVER OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE WEBSITE(S) OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF J&H OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This document was last updated on September, 2021