Empresas Florida Directory User Agreement
Last Updated: June 1, 2018
This Empresas Florida Directory User Agreement (this “Agreement”) is a legal agreement between Empresas Florida, a Florida corporation (“EF”, “we” or “us”), and the business by which the individual accepting this Agreement is employed or otherwise engaged (“you”). You and EF may each referred to herein as a “Party,” and collectively as the “Parties.” This Agreement, together with any other applicable terms and conditions referenced herein, governs, in its entirety, the relationship between EF and you in connection with your use of or access to the Empresas Florida Directory (the “Web Directory”). The Web Directory is an online directory of web-based applications (each, an “Application”) that interoperate with the EF Knowledge Manager™platform. By clicking the “Authorize” button, or by visiting the Web Directory, you agree that your access and use of the Web Directory is governed by the legally binding terms and conditions set forth herein. For purposes of clarification, if you have previously agreed, or in the future agree, to any of the EF Product Terms, those terms and conditions will still apply to your access and use of the applicable products set forth therein.
ACCESS TO WEB DIRECTORY
We reserve the right to remove or discontinue all or a portion of the Web Directory (including, without limitation, any Application) at any time, without notice, in our sole discretion. We can choose which Third-Party Applications to promote, and we can also choose how we want to promote them, if at all. Provision of the Web Directory does not mean we endorse, support or warrant any Third-Party Application provider (“Third-Party Provider”). We are not responsible for any Third-Party Application, any errors or other failures of any Third-Party Application, or for any agreements, acts, omissions or practices (including, but not limited to, privacy practices) of any Third-Party Provider.
ACCESS TO YOUR DATA BY THIRD-PARTY APPLICATION PROVIDERS
Access or use of an Application that is provided by a Third-Party Provider (“Third-Party Application”) may transmit your data outside of EF’s systems during normal use, and the providers of those applications may be able to obtain access to your data in EF’s systems through a EF application programming interface (“API”), and you hereby authorize EF to provide such access. That may result in the disclosure, modification or deletion of your data by those Third-Party Providers or their Applications. Further, the Third-Party Providers and its agents and partners may collect and use, data pertaining to your configuration and use of their Application. We is not responsible for any transmission, collection, disclosure, modification, use or deletion of your data, as described in this paragraph, by or through Third-Party Applications or Third-Party Providers.
The Third-Party Applications and the third-party content are the sole responsibility of the respective Third-Party Providers. We are not responsible for any Third-Party Applications or third-party content, whether or not we reviewed or moderated such Third-Party Applications or third-party content. You agree that you bear all risks associated with using or relying on any Applications and any content provided through the Web Directory. We do not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of any Applications or content provided through the Web Directory, regardless of who originated that content (including our employees, partners, Affiliates or moderators). THE WEB DIRECTORY, ANY APPLICATIONS AND ANY OTHER ITEMS OR SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, WE MAKE NO, AND DISCLAIM ALL, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE APP DIRECTORY, ANY APPLICATIONS OR ANY OTHER ITEMS OR SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB DIRECTORY, ANY APPLICATIONS OR ANY SUCH OTHER ITEMS OR SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM US OR THROUGH THE APP DIRECTORY OR ANY APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EF BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB DIRECTORY OR ANY APPLICATION OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEB DIRECTORY OR ANY APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU IN THOSE CASES. In no event shall EF total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
You agree to indemnify and hold us and our Affiliates, and each of our respective officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of or related to: (i) data or other content you submit to or publish on the Web Directory or any Application, (ii) your use of the App Directory or any Application, and (iii) your violation of this Agreement or of any rights of a third-party.
If any provision of this Agreement is held by a court to be invalid or unenforceable, then that provision shall be construed, as nearly as possible, to reflect its intentions, with all other provisions remaining in full force and effect. Our failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless agreed to by us in writing. This Agreement comprises the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and us regarding the subject matter contained herein. There are no third-party beneficiaries to this Agreement. You may not assign your rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent. This Agreement, and any disputes arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of the State of New York, U.S.A, without regard to its choice of law provisions. Each of the Parties hereby irrevocably consents and submits to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida, U.S.A for any such disputes, and hereby irrevocably waive any objections to the laying of venue in such courts.
CHANGES TO TERMS
We may change the terms of this Agreement from time to time. You should check periodically for changes to these terms.
QUESTIONS AND COMMENTS
If you have questions or comments about this Agreement or the Web Directory, please refer to www.empresasflorida.com or contact us at email@example.com.