Terrace 436, Inc.
Terms of UseEffective June 1, 2009Terrace-436.com is the web presence of Terrace 436 located in the Design Center of the Americas, Dania Beach, FL. By using the Terrace-436.com website (the "Web Site") you agree to be bound by these Terms of Use (this "Agreement").
This Agreement sets out the legally binding terms for your use of the Web Site. Terrace-436.com may modify this Agreement from time to time and such modification shall be effective upon posting by Terrace-436.com on the Web Site. You agree to be bound to any changes to this Agreement when you use the Web Site after any such modification is posted. You may also receive a copy of this Agreement by emailing us at:
info@terrace-436.com. Please include Terms of Use in the subject line.
Information or advertisements on Terrace-436.com will not include the following items: defamatory comments toward individuals or businesses, and any photographs and videos containing nudity, violence, or offensive subject matter. Information provided by other Terrace-436.com partners may contain inaccurate, inappropriate or offensive material, products or services and Terrace-436.com assumes no responsibility or liability for this material.
By using the Terrace-436.com website, you agree to release and hold Terrace 436, Inc. harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your using the Terrace-436.com website.
Copyright Infringement. Terrace 436, Inc. respects the intellectual property of others. Terrace 436, Inc. will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA). If you believe that your intellectual property rights have been infringed by another party please contact:
Terrace 436, Inc.
1855 Griffin Road, Suite C-436
Dania Beach, FL 33004
Please provide:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Upon receiving your complaint, Terrace 436, Inc. may, in its sole discretion, remove content that you believe infringes your copyright.
Limitation on Liability. IN NO EVENT SHALL TERRACE 436, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF TERRACE 436, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TERRACE 436, INC.'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO TERRACE 436, INC.
Disputes. If there is any dispute about or involving the Web Site and/or the Service, by using the Web Site, you agree that any dispute shall be governed by the laws of the State of Florida without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida, City of Dania Beach.
Indemnity. You agree to indemnify and hold Terrace 436, Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Other. This Agreement is accepted upon your use of the Web Site. This Agreement constitutes the entire agreement between you and Terrace 436, Inc. regarding the use of the Web Site. The failure of Terrace 436, Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
