Terms and conditions
Last Updated: 06/01/2021.
PLEASE READ THE FOLLOWING TERMS OF SERVICE
AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR
WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL
TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR
PROSPECTIVE CUSTOMER TO READ THE TERMS AND
CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU
DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND
CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE
OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement
between you and Miami Beach Comprehensive Wellness Center (hereinafter " MBCWC"), a
company duly organized and validly existing, located at 333 W 41st St. Suite 702, Miami
Beach, Florida 33140. This Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (https://professional-education.simplerosites.com/) is operated by MBCWC.
Throughout the Site, the terms "we", "us" and "our" refer to MBCWC. MBCWCoffers this
Site, including all information, tools and services available from this Site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our "Service" and
agree to be bound by the following terms and conditions, including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These Terms apply to
all users of the Site, including without limitation users who are browsers, vendors, customers,
merchants, and/or contributors of content. In the event of an inconsistency between this
Agreement and any additional terms or policies referenced herein, the provisions of the
additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using
any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms
of this Agreement, then you may not access the Site or use any Service. If these Terms are
considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the
Terms. You can review the most current version of the Terms at any time on this page. We
reserve the right to update, change or replace any part of these Terms by posting updates
and/or changes to our Site. It is your responsibility to check this page periodically for changes.Your continued use of or access to the Site following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state
or province of residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor dependents to use
this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in
the use of our products or Site, violate any laws in your jurisdiction (including but not limited
to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your
account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole
discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service
announcements and administrative or legal notices from us. Please note that you cannot opt
out of receiving these notices.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use
of the Site, or access to the Site or any contact on the Site, without express written permission
by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part, found on
the Site. MBCWC content is not for resale. Use of the Site does not entitle users to make any
unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of MBCWC and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of MBCWC or our licensors except as expressly
authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT
Once you create an account with us, you are registered on the MBCWC Site. The terms
"member," "membership," and "account" all refer to this registration as a member on
MBCWC's Site. If you are merely surfing or browsing through the Site and have not yet
created an account, your use of the Site is still subject to this Agreement; if you do not agree to
this Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We will also ask
you to create a password. Because any activities that occur under your username or password
are your responsibility it is important for you to keep your username and/or password secure.
You may not assign or otherwise transfer your account to any other person or entity. You
acknowledge that MBCWC is not responsible for third party access to your account that
results from theft or misappropriation of your account. Notify us immediately if you believe
that someone has used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort
to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete
nature, Miami Beach Comprehensive Wellness Center will have sufficient grounds and rights
to suspend or terminate the member in violation of this aspect of the Agreement, and as such
refuse any and all current or future use of Miami Beach Comprehensive Wellness
Center Services, or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that
you are solely responsible for any and all content posted, uploaded, emailed, transmitted or
otherwise made available by way of the MBCWC Services, and as such, we do not guarantee
the accuracy, integrity or quality of such content. It is expressly understood that by use of our
Services, you may be exposed to content including, but not limited to, any errors or omissionsin any content posted, and/or any loss or damage of any kind incurred as a result of the use of
any content posted, emailed, transmitted or otherwise made available by MBCWC.
Furthermore, you herein agree not to make use of Miami Beach Comprehensive Wellness
Center's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any
content that shall be deemed unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any
MBCWC officials, forum leaders, guides or hosts or falsely stating or otherwise
misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or fiduciary
relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content
that may infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you
do not personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that
may contain a software virus or other computer code, any files and/or programs which
have been designed to interfere, destroy and/or limit the operation of any computer
software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that
would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Miami Beach Comprehensive Wellness
CenterServices, servers and/or networks that may be connected or related to our
website, including, but not limited to, the use of any device software and/or routine to
bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or regulationsdecreed by the U.S. Securities and Exchange Commission, in addition to any rules of
any nation or other securities exchange, that would include without limitation, the New
York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any
regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the
character, location, and or source to any organization delegated by the United States
government as a "foreign terrorist organization" in accordance to Section 219 of the
Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in
the aforementioned paragraphs.
Miami Beach Comprehensive Wellness Center herein reserves the right to pre-screen, refuse
and/or delete any content currently available through our Services. In addition, we reserve the
right to remove and/or delete any such content that would violate the Terms or which would
otherwise be considered offensive to other visitors, users and/or members.
Miami Beach Comprehensive Wellness Center herein reserves the right to access, preserve
and/or disclose member account information and/or content if it is requested to do so by law or
in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation of the rights of
any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Miami Beach
Comprehensive Wellness Center, its visitors, users and members, including the general
public.
Miami Beach Comprehensive Wellness Center herein reserves the right to include the use of
security components that may permit digital information or material to be protected, and that
such use of information and/or material is subject to usage guidelines and regulations
established by Miami Beach Comprehensive Wellness Center or any other content providers
supplying content services to Miami Beach Comprehensive Wellness Center. You are hereby
prohibited from making any attempt to override or circumvent any of the embedded usage
rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or
exhibition of any information or materials supplied by our Services, despite whether done so
in whole or in part, is expressly prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT
COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
content. Uploading, posting and/or transferring of software, technology and other technical
data may be subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all applicable export
and import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any
government export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member
of any other government which may be part of an export-prohibited country identified
in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S. export
laws; and
d) agree not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable export and/or
import laws.
SECTION 5 - SUBMITTED CONTENT
Miami Beach Comprehensive Wellness Center shall not lay claim to ownership of any content
submitted by any visitor, member, or user, nor make such content available for inclusion on
our website Services. Therefore, you hereby grant and allow for Miami Beach Comprehensive
Wellness Center the below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:
a) The content submitted or made available for inclusion on the publicly accessible
areas of Miami Beach Comprehensive Wellness Center's Sites, the license provided to
permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services is for the sole purpose of providing and
promoting the specific area to which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of Miami Beach
Comprehensive Wellness Center's sites, and shall terminate at such time when you
elect to discontinue your membership.b) Photos, audio, video and/or graphics submitted or made available for inclusion on
the publicly accessible areas of Miami Beach Comprehensive Wellness Center's sites,
the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for the sole
purpose of providing and promoting the specific area in which this content was placed
and/or made available for viewing. This license shall be available so long as you are a
member of Miami Beach Comprehensive Wellness Center's sites and shall terminate at
such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly
accessible areas of Miami Beach Comprehensive Wellness Center's sites, the
continuous, binding and completely sub-licensable license which is meant to permit to
use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or
publicly display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or later
developed.
Those areas which may be deemed "publicly accessible" areas of Miami Beach
Comprehensive Wellness Center's Sites are those such areas of our network properties which
are meant to be available to the general public, and which would include message boards and
groups that are openly available to both users and members. However, those areas which are
not open to the public, and thus available to members only, would include our mail system and
instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Miami Beach Comprehensive Wellness Center may provide an area for our user and members
to contribute feedback to our website. When you submit ideas, documents, suggestions and/or
proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary
information;
b) MBCWC shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) MBCWC shall be entitled to make use of and/or disclose any such Contributions in
any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of
MBCWC; and
e) MBCWC is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
SECTION 6 - INDEMNITY: All users and/or members agree to insure and hold Miami Beach Comprehensive Wellness
Center, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors
blameless or not liable for any claim or demand, which may include, but is not limited to,
reasonable attorney fees made by any third party which may arise from any content a member
or user of our Site may submit, post, modify, transmit or otherwise make available through our
Services, the use of MBCWC Services or your connection with these Services, your violations
of the Terms of Service and/or your violation of any such rights of another person.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor
exploit for any commercial reason any part, use of, or access to MBCWC's sites.
SECTION 8 - MODIFICATIONS
Miami Beach Comprehensive Wellness Centerreserves the right at any time it may deem fit, to
modify, alter and or discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable to you or to any
third party for any such alteration, modification, suspension and/or discontinuance of our
Services, or any part thereof.
SECTION 9 - TERMINATION
As a member of https://professional-education.simplerosites.com/, you may cancel or
terminate your account, associated email address and/or access to our Services by submitting a
cancellation or termination request to .
As a member, you agree that Miami Beach Comprehensive Wellness Center may, without any
prior written notice, immediately suspend, terminate, discontinue and/or limit your account,
any email associated with your account, and access to any of our Services. The cause for such
termination, discontinuance, suspension and/or limitation of access shall include, but is not
limited to:
a) any breach or violation of our Terms or any other incorporated agreement,
regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any
part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with
your https://professional-education.simplerosites.com/ account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your account,
associated email address and/or access to any of our Services.
The termination of your account with https://professional-education.simplerosites.com/ shall
include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within
https://professional-education.simplerosites.com/;
b) the deletion of your password and any and all related information, files, and any
such content that may be associated with or inside your account, or any part thereof;
and
c) the barring of any further use of all or part of our Services.
SECTION 10 - LINKS
Either Miami Beach Comprehensive Wellness Center or any third parties may provide links to
other websites and/or resources. Thus, you acknowledge and agree that we are not responsible
for the availability of any such external sites or resources, and as such, we do not endorse nor
are we responsible or liable for any content, products, advertising or any other materials, on or
available from such third-party sites or resources. Furthermore, you acknowledge and agree
that Miami Beach Comprehensive Wellness Center shall not be responsible or liable, directly
or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be
caused by or in connection with the use of or the reliance on any such content, goods or
Services made available on or through any such site or resource.
SECTION 11 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Miami Beach Comprehensive Wellness Center's
Services and any essential software that may be used in connection with our Services
("Software") shall contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein acknowledge and agree
that any Content which may be contained in any advertisements or information presented by
and through our Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by Miami Beach Comprehensive Wellness Center or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform and/or created any plagiaristic works which are based on Miami
Beach Comprehensive Wellness Center Services (e.g. Content or Software), in whole or part. Miami Beach Comprehensive Wellness Center hereby grants you a personal, non-transferable
and non-exclusive right and/or license to make use of the object code or our Software on a
single computer, as long as you do not, and shall not, allow any third party to duplicate, alter,
modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make
an attempt to locate or discern any source code, sell, assign, sublicense, grant a security
interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein
agree not to alter or change the Software in any manner, nature or form, and as such, not to use
any modified versions of the Software, including and without limitation, for the purpose of
obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt
to access our Services through any means other than through the interface which is provided
by Miami Beach Comprehensive Wellness Center for use in accessing our Services.
SECTION 12 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF MIAMI BEACH COMPREHENSIVE WELLNESS
CENTER SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR
SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR
"AS AVAILABLE" BASIS. MIAMI BEACH COMPREHENSIVE WELLNESS
CENTER AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b) MIAMI BEACH COMPREHENSIVE WELLNESS CENTER AND OUR
SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) MIAMI BEACH
COMPREHENSIVE WELLNESS CENTER SERVICES OR SOFTWARE WILL
MEET YOUR REQUIREMENTS; (ii) MIAMI BEACH COMPREHENSIVE
WELLNESS CENTER SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MIAMI
BEACH COMPREHENSIVE WELLNESS CENTER SERVICES OR SOFTWARE
WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS,
SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH
ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED BY WAY OF MIAMI BEACH COMPREHENSIVE WELLNESS
CENTER SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE
DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELYRESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR
COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM
THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR
ORAL, THAT MAY BE OBTAINED BY YOU FROM MIAMI BEACH
COMPREHENSIVE WELLNESS CENTER OR BY WAY OF OR FROM OUR
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME
DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A
COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN
CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR
UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO
HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF
THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MIAMI
BEACH COMPREHENSIVE WELLNESS CENTER AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY
PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID
DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR
SERVICE;e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In the event you have a dispute, you agree to release Miami Beach Comprehensive Wellness
Center(and its officers, directors, employees, agents, parent subsidiaries, affiliates, cobranders, partners and any other third parties) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected or unsuspected,
disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 15 - NOTICE
Miami Beach Comprehensive Wellness Center may furnish you with notices, including those
with regards to any changes to the Terms, including but not limited to email, regular mail,
MMS or SMS, text messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices may not be
received if you violate any aspects of the Terms by accessing our Services in an unauthorized
manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to
have received any and all notices that would have been delivered had you accessed our
Services in an authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Miami Beach Comprehensive
Wellness Centertrademarks, copyright, trade name, service marks, and other Miami Beach
Comprehensive Wellness Centerlogos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of Miami Beach
Comprehensive Wellness Center. You herein agree not to display and/or use in any manner the
Miami Beach Comprehensive Wellness Centerlogo or marks without obtaining Miami Beach
Comprehensive Wellness Center's prior written consent.
Miami Beach Comprehensive Wellness Center will always respect the intellectual property of
others, and we ask that all of our users do the same. With regards to appropriate circumstances
and at its sole discretion, Miami Beach Comprehensive Wellness Center may disable and/or
terminate the accounts of any user who violates our Terms and/or infringes the rights of others.
If you feel that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been otherwise violated,
you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf
of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe
has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon
your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright
or intellectual property owner's behalf.
The Miami Beach Comprehensive Wellness Center agent for notice of claims of copyright or
other intellectual property infringement can be contacted as follows:
Mailing Address:
Miami Beach Comprehensive Wellness Center
Attn: Copyright Agent
333 W 41st St. Suite 702
Miami Beach, Florida 33140
Telephone: (305) 397-8229
Fax: (305) 847-3122
Email: info@miamibeachcwc.com
SECTION 17 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Miami Beach
Comprehensive Wellness Center and shall govern the use of our Services, superseding any
prior version of this Agreement between you and us with respect to Miami Beach
Comprehensive Wellness Center Services. You may also be subject to additional terms and
conditions that may apply when you use or purchase certain other Miami Beach
Comprehensive Wellness Center Services, affiliate Services, third-party content or third-party
software.
SECTION 18 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Miami Beach Comprehensive Wellness Center
with regard to the Agreement that the relationship between the parties shall be governed by the
laws of the state of Florida without regard to its conflict of law provisions and that any and all
claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the
relationship between you and Miami Beach Comprehensive Wellness Center, shall be filed
within the courts having jurisdiction within the County of Miami-Dade, Florida or the U.S.
District Court located in said state. You and Miami Beach Comprehensive Wellness Center
agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waiveany and all objections to the exercise of jurisdiction over the parties by such courts and to
venue in such courts.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMS
At any time, should Miami Beach Comprehensive Wellness Center fail to exercise or enforce
any right or provision of the Agreement, such failure shall not constitute a waiver of such right
or provision. If any provision of this Agreement is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of the Agreement
remain in full force and effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP NONTRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of
a copy of a death certificate, your account may be terminated and all contents therein
permanently deleted.
SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary,
any claim or action arising out of or related to the use of our Services or the Agreement must
be filed within year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 22 - VIOLATIONS
Please report any and all violations of this Agreement to Miami Beach Comprehensive
Wellness Center as follows:
Mailing Address:
Miami Beach Comprehensive Wellness Center
333 W 41st St. Suite 702
Miami Beach, Florida 33140
Telephone: (305) 397-8229
Fax: (305) 847-3122
Email: info@miamibeachcwc.com
SECTION 23 - GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our
systems, or to ensure the integrity and operation of our business and systems, we may access
and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such
information is governed by the terms of our Privacy Policy.
SECTION 24 - FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by MBCWC from our offices within the
USA. If you access the Site from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use MBCWC's content accessed
through the Site in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or cancel orders if any
information on the Site or on any related Site is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any
related Site, including without limitation, pricing information, except as required by law. No
specified update or refresh date applied on the Site or on any related Site, should be taken to
indicate that all information on the Site or on any related Site has been modified or updated.