Terms and Conditions
In General
Please take a few minutes to review these terms and conditions (“Terms”). these Terms apply to your access and use of the stormarmour.com website, all other websites, mobile sites, services, applications, platforms and other tools where these terms appear or are otherwise referenced, or for which no separate terms are provided as well as to your visits to or interaction with us elsewhere (collectively, the “Site”). Your use of the Site constitutes your agreement to follow these Terms and to be bound by them. If you do not accept these terms, then please do not use the Site.
These Terms and Conditions May Change
We reserve the right to update or modify these Terms at any time, upon notice to you in writing to the last address provided, by email, by posting on the Site or by any other reasonable means of communication. We also reserve the right, at any time, to modify or update our Privacy Policy in the same manner. You confirm your acceptance of the modifications or updates by continuing to use the Site.
Eligibility
By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older; or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use this Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.
If we determine that a child under the age of 13 has provided personal information on the Site, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us at stormshieldofmiami@gmail.com so that we can delete the information.
Copyrights
The copyright in the Site is held by Storm Shield of Miami Inc. or authorized owners (hereinafter “Storm Shield”). All material provided on the Site is protected under United States copyright laws and international copyright laws and treaty provisions and is owned or licensed by Storm Shield. Except as expressly provided herein, none of the material provided on the Site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form without the prior written permission of Storm Shield.
Trademarks
Any trademarks, trade names, logos, service marks, brand identities, titles, characters, graphics, designs, and/or other properties displayed on the Site are property of Storm Shield or authorized third party owners and are protected as registered and unregistered trademarks and copyrights. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site.
Hyperlinks to other Sites
To the extent our Site contains hyperlinks to outside services and resources, the availability and content of which Storm Shield does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource. Storm Shield does not accept any responsibility or liability for the conduct or content of those sites and any offerings made by the third-parties.
Licensing and Permissions
Other than as expressly provided herein, Storm Shield requires a license agreement or written permission from an authorized agent at Storm Shield prior to any use of brand names, trademarks, service marks, copyrights and other intellectual property belonging to Storm Shield. Any misuse of intellectual property belonging to Storm Shield is strictly prohibited.
All Rights Reserved
Storm Shield does not grant any express or implied right to you under any patents, trademarks, copyrights, trade secret, or any other intellectual property displayed on, connected to, or related to the Site
Information Submitted
Any communication or material submitted to the Site including, but not limited to, by electronic mail, text and/or website submission (“Site Submission”) is considered to be non-confidential and nonproprietary. Such communication may include without limitation, questions, comments, suggestions, and ideas. Any Site Submission is the exclusive property of Storm Shield. Storm Shield shall have a perpetual royalty free and exclusive license to any Site Submission. Storm Shield shall be free to use Site Submissions for any purpose whatsoever without restriction or further notice or compensation. This means that you disclaim any proprietary rights in such Site Submissions, and you acknowledge Storm Shield’s unrestricted right to use the content of the Site Submission, in part or in total, (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation, attribution, or other obligation to you or any other person. It also means Storm Shield has no obligation to keep your Site Submission confidential.
Although Storm Shield is under no obligation to review or monitor Site Submissions you submit, Storm Shield reserves the absolute right to do so in its sole discretion. In addition, Storm Shield reserves the right to alter, edit, create derivative works, refuse to post or remove any Site Submissions, in whole or in part, for any reason or for no reason. Storm Shield has the right, but not the obligation, to monitor, edit or remove any content at any time and without notice. Storm Shield also has the right and reserves the right to remove postings that are off the subject. We can also remove content if we believe that doing so will improve our Site and the experience of our web site users. Notwithstanding anything to the contrary stated herein or in our Privacy Policy, we have the right to view and monitor any content posted to this Site, even if that content has been designated as private. You agree that Storm Shield does not have any obligation to use or respond to any Site Submission.
You are responsible for all your Site Submissions. You may not submit any material misrepresenting yourself as someone else or using a false e-mail address. Do not submit any material or links to material that violates the rights of any third party, violates copyright rights, violates trademark rights, is libelous, defamatory, false, obscene, violent, abusive, threatening, harassing, prejudicial, or is otherwise in violation of the law or the terms of this Agreement.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Storm Shield, and its affiliates, parent company, subsidiaries, business partners, dealers, insurers, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Site or access to the Site, or your violation of either these terms of service, applicable law or the rights of any third party.
Prohibited Conduct.
You agree to use the Site in compliance with these Terms of Use and all applicable laws, regulations, and rules. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You also agree in relation to the Site not to: (i) access or attempt to access any information or material by working around any technical features that limit your use of or access to the Site; (ii) disrupt or interfere with the proper functioning or security of the Site or otherwise cause harm to the Site or any equipment or networks; (iii) infringe any intellectual property rights or proprietary rights; (iv) post or otherwise submit any harmful or disruptive software or files, including viruses, spyware, and ransomware; (v) interfere with or inhibit any other user from using and enjoying the Site; (vi) violate any applicable laws or regulations; (vii) use any robot, spider, or other programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site; (viii) prepare, compile, scrape, harvest, download, or otherwise use or copy any information from the Site, or transmit, provide, or otherwise distribute (whether or not for a fee) such information to any third-party; (ix) transmit spam or other unsolicited or bulk communications; (x) create or use a false identity or contact information for the purpose of misleading Storm Shield or others; (xi) violate the rights (including rights of privacy and publicity) of any person or abuse, defame, harass, stalk, or threaten another; or (xii) conduct a denial of service attack or distributed denial of service attack. In addition to any remedies that Storm Shield may have at law or in equity, if Storm Shield reasonably determines that you have violated or are likely to violate the foregoing prohibitions, or other provisions of these Terms of Use, Storm Shield may take any action Storm Shield deems necessary or advisable to cure, prevent, or address the violation, including referral to law enforcement authorities. Storm Shield will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Storm Shield to disclose the identity of anyone violating the foregoing prohibitions or other provisions of these Terms of Use.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Site by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright or intellectual property rights to remain on the Site.
If you believe any materials on the Site infringe a copyright or other intellectual property right, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of the copyright holder or authorized representative;
- Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work;
- Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Storm Shield to locate the material;
- Your name, address, telephone number and, if available, e-mail address;
- A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law;
- A statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
All DMCA notices should be sent to our designated agent as follows: stormshieldofmiami@gmail.com
Browsing Session Information
We use technology that maintains a record of your browsing session. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes.
Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES, THE SERVICES OR ANY CONTENT OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THIS SITE AND ALL CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS SITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT STORM SHIELD AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR OUR MOBILE APPLICATIONS.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STORM SHIELD AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STORM SHIELD. AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STORM SHIELD OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITES OR SERVICES, OR THE CONTENT OR PRODUCTS ACCESSIBLE THROUGH THEM, MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Indemnification
You agree to indemnify, defend, and hold harmless Storm Shield, and its affiliates, subsidiaries, parent company, business partners, dealers, insurers and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to accessing the Site (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site under your direction.
Information Dispute Resolution
We try to address any disputes without the need to initiate a formal legal case. In the event you have any dispute with us, you shall first try in good faith to settle such dispute by providing written notice to us describing the facts of the dispute (including any relevant documentation) and allowing us thirty (30) days to respond before initiating any formal dispute resolution proceeding. Notices to us must be sent by mail to Storm Shield of Miami, Inc., 301 West 41st Street, Suite 300, Miami Beach, Florida 33140, Attention: Dispute Resolution. We will send any dispute related notice to you at the contact information we have for you. If for some reason the dispute is not resolved satisfactorily within thirty (30) days after receipt, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding.
Waiver of Certain Rights
NEITHER YOU NOR STORM SHIELD OF MIAMI INC. MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS. YOU MAY NOT BRING CLAIMS IN ARBITRATION ON A CLASS, CONSOLIDATED OR REPRESENTATIVE BASIS. THE ARBITRATOR CAN DECIDE ONLY YOU AND/OR STORM SHIELD OF MIAMI INC.’S INDIVIDUAL CLAIMS. THE COURT MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATIONED WITHOUT THE PRIOR WRITTEN CONSENT OF THE PARTIES.
You and Storm Shield agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and Storm Shield or you and a third-party agent of Storm Shield (a “Claim”) exclusively and solely in either Federal or State Court located in Miami-Dade County, Florida. You and we hereby waive any right to a jury trial of any Claim. The Court can decide only your and/or Storm Shield’s individual Claims.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms and Conditions. This Section of the Terms and Conditions will survive the termination of your relationship with Storm Shield.
Jurisdiction
Storm Shield controls and operates the Site from the company’s headquarters in Miami Beach, Florida, in the United States of America. Storm Shield in no way warrants or implies that the materials on the Site are appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Site in violation of U.S. export laws and regulations. .Any claim relating to the Site or your use of it shall be governed by the internal substantive laws of the State of Florida, without regard to its conflict of laws provisions, and you agree that to the extent permitted by law, jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site exclusively shall be in the state or federal courts located in Miami-Dade County, Florida.
Modification of the Site and these Terms
Storm Shield reserves the right at any time and from time to time to modify the Site or discontinue providing access to the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Storm Shield will not be liable to you for any modification, suspension or discontinuance of the Site or the Contents.
Storm Shield also reserves the right to change the terms, conditions, and notices for the Site at any time by updating this posting, and your use of the Site following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify any changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at the Site
Termination of this Agreement
Storm Shield may terminate or suspend this Agreement at any time without notice to you. Without limiting the foregoing, Storm Shield shall have the right to immediately terminate your access to the Site in the event of any conduct by you which Storm Shield, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. Your right to access and use the Site terminates automatically upon your breach of any of the terms in this Agreement.
Miscellaneous
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Storm Shield as a result of these Terms or your use of the Site.
Any rights not expressly granted to you herein are reserved by and to Storm Shield, its affiliates, subsidiaries and licensors, and other third parties.
The Terms constitute the entire agreement between you and Storm Shield with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Storm Shield with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Storm Shield or it is physically signed by an executive officer of Storm Shield.
Any actual or alleged waiver by Storm Shield of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
A printed version of this agreement and / or any notice given by Storm Shield in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Storm Shield in printed form.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.
Continuation:
This Provision shall survive the termination of this Agreement or your discontinued use of the Site, the Services and the Products. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this provision of the terms of use (other than a change to the address for notices), you may reject any such change and require us to adhere to the language in this provision at the time you accepted it if a dispute between us arises.
