Please read these terms and conditions of use (these “Terms”) carefully before using or obtaining any materials, information, products, or services through this web site, www.CocoaBeach.com (“Site”). CocoaBeach.com (“we,” or “us”) offers access to and use of our Site to you subject to your acceptance of these Terms, and the Terms of the Booking Engine User Agreement. By accessing, using, or obtaining any content, data, materials, information, products, or services through our Site, you agree to observe these Terms. If you do not accept all of these Terms, then please exit our Site now.
1. ACCEPTANCE OF TERMS
CocoaBeach.Com provides its service to you, subject to the following User Agreement (“UA”), which may be updated by us from time to time without notice. You can review the most current version of the UA at any time in this address. All guidelines or rules are hereby incorporated by reference into the UA.
2. DESCRIPTION OF SERVICE
CocoaBeach.Com currently provides users with access to online resources such as personalized content and programming through its service (the “Service”). Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new CocoaBeach.Com properties, shall be subject to the UA. You understand and agree that the Service is provided “AS-IS” and that CocoaBeach.Com assumes no responsibility for the accuracy, content, or claims its advertisers make. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CocoaBeach.Com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CocoaBeach.Com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. CocoaBeach.Com PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please see our full privacy policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will establish a password and account designation upon completing the CocoaBeach.Com registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CocoaBeach.Com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CocoaBeach.Com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CocoaBeach.Com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. CocoaBeach.Com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will CocoaBeach.Com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. If you consider any Content information to be misleading or damaging, please contact us.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit or link to any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a CocoaBeach.Com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit or link to any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit or link to any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, post, email or otherwise transmit or link to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. upload, post, email or otherwise transmit or link to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. “stalk” or otherwise harass another; or
l. collect or store personal data about other users.
You acknowledge that CocoaBeach.Com does not pre-screen Content, but that CocoaBeach.Com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, CocoaBeach.Com and its designees shall have the right to remove any Content that violates the UA or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
m. Link to any website without the prior authorization of the administration. Any ad that places a link to another website will be removed immediately.
You acknowledge and agree that CocoaBeach.Com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the UA; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CocoaBeach.Com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. INDEMNITY
You agree to indemnify and hold CocoaBeach.Com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the UA, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. TERMINATION
You agree that CocoaBeach.Com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if CocoaBeach.Com believes that you have violated or acted inconsistently with the letter or spirit of the UA. You agree that any termination of your access to the Service under any provision of this UA may be effected without prior notice, and acknowledge and agree that CocoaBeach.Com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that CocoaBeach.Com shall not be liable to you or any third-party for any termination of your access to the Service.
11. DEALINGS WITH ADVERTISERS AND CUSTOMERS
Your correspondence or business dealings with, or participation in promotions of, advertisers and customers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or customer. You agree that CocoaBeach.Com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or customer on the Service. You agree to honor the coupons that you pubish on the website.
12. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CocoaBeach.Com has no control over such sites and resources, you acknowledge and agree that CocoaBeach.Com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CocoaBeach.Com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. CocoaBeach.Com PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CocoaBeach.Com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
14. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the UA or other matters by displaying notices or links to notices to you generally on the Service.
15. TRADEMARK INFORMATION
You agree not to display or use in any manner, the CocoaBeach.Com trademark without consent from CocoaBeach.Com. You can communicate with us for authorization at admin@cocoabeach.com
16. GENERAL INFORMATION
The UA constitute the entire agreement between you and CocoaBeach.Com and govern your use of the Service, superseding any prior agreements between you and CocoaBeach.Com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The UA and the relationship between you and CocoaBeach.Com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and CocoaBeach.Com agree to submit to the personal and exclusive jurisdiction of the courts located within Brevard County, Florida. The failure of CocoaBeach.Com to exercise or enforce any right or provision of the UA shall not constitute a waiver of such right or provision. If any provision of the UA 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 UA remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the UA must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the UA are for convenience only and have no legal or contractual effect.
