DRIFT ON ISLAND™

Terms of Use

 

Welcome to the Drift on Island (“Drift on Island”) website located at www.DriftonIsland.com (the “Website”). It is important to us that when you use this Website you are fully aware of our respective rights and obligations. For that reason, we have created these Terms and Conditions of Use along with our Privacy Policy (which is made a part of these Terms and Conditions of Use) as the legally binding terms that will govern your use of this Website. By visiting the Website, you agree to abide by the Terms and Conditions of Use and Privacy Policy. If you do not wish to be bound by the Terms and Conditions of Use and Privacy Policy, you may not use the Website and must immediately cease use of the Website. Please read these Terms and Conditions of Use carefully. The Website provides information about Drift on Island and affiliates of Drift on Island (“Affiliates”) and parties unrelated to Drift on Island (“Third Parties”). We make this Website available to the public subject to the following terms, policies and guidelines.

Usage Regulations. The Website is made available for information purposes only and does not constitute an offer to sell or the solicitation of an offer to purchase any security or investment product or services. You may display, reformat and print information from the Website only for your own personal, non-commercial use. You may not sell, re-publish, distribute or display any Content (as defined under Copyrights and Trademarks below) or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, move, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of Drift on Island, Affiliates or Third Parties. We may take steps to prohibit access and/or use without prior notice to any such user. We do not intend the information on this Website to be professional advice. The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Drift on Island, Affiliates, employees, directors, officers or agents to any registration requirement within such jurisdiction or country.

Third-Party Content and Links; Recommendations and Opinions. The Website may include information provided by Third Parties including opinions and advice of experts and non-experts. Drift on Island, Affiliates, and their respective employees or agents are not responsible for the opinions, statements, services, offers or other information provided by Third Parties. The Website also may include the personal recommendations and opinions of Drift on Island or others including, but not limited to, recommendations or opinions given by Drift on Island contributors. Drift on Island does not undertake responsibility for screening Drift on Island contributors or other participants on the Website or monitoring advice or opinions expressed by them. In addition, highlighting Drift on Island contributors or other participants on the Website is not deemed to be an endorsement of any products or services that they (or companies employing them) may provide.

The Website may include hyperlinks that will take you out of the Website to the website of Third Parties. Links to websites of Third Parties may be included in advertisements for services of Third Parties, or they may be accompanied by descriptions of services of Third Parties. All links to websites of Third Parties are provided for your convenience only. Neither Drift on Island nor Affiliates control the content or operation of any linked websites of Third Parties, and we disclaim any responsibility for any product, service or information provided on any linked website.

NEITHER THE PUBLICATION OF CONTENT OR ADVERTISEMENTS OF THIRD PARTIES ON THE WEBSITE NOR LINKS TO WEBSITES OF THIRD PARTIES CONSTITUTES AN ENDORSEMENT OF THIRD PARTIES OR THEIR PRODUCTS OR SERVICES BY DRIFT ON ISLAND, AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AGENTS.

Disclaimer. The content on this Website is provided for informational purposes only and is not intended to be a substitute for professional advice. Any opinions expressed on this Website are the opinions of the authors and neither Drift on Island, Affiliates nor any of their employees assume any liability for the contents of any materials provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither Drift on Island, Affiliates nor any of their employees assume liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction contained on this Website.

Privacy. Please review our Privacy Policy for information about our use of information collected through the Website.

Copyright and Trademarks. All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of Drift on Island, Affiliates, or Third Parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws and/or patents. All Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website including, but not limited to, DRIFT ON ISLAND™, DRIFT ON ISLAND AND DESIGN™, DRIFT COUTURE™, DRIFT COUTURE AND DESIGN™ and AVOID STRESS PURSUE BEAUTY™ are registered trademarks of Drift on Island, Affiliates or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks.

Linking and Framing. Without the prior written permission of Drift on Island, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of Drift on Island or any of their licensors into another website or other service.

Responsibility. Please act responsibly when using this Website. You may only use this Website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Drift on Island) or privately transmitted on or through this Website are the sole responsibility of the sender, not Drift on Island, and that you are responsible for all material you upload, post or otherwise transmit to or through this Website.

Limitation of Liability; Disclaimers and Waivers. Your use of this Website is at your own risk. The Website and all the Content, materials, information, software, facilities, services and other Content on the Website are provided “AS IS” and without warranties of any kind, either express or implied. Neither Drift on Island, any Affiliates nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website. Users should use the information obtained from the Website at their own risk.

To the full extent permitted by applicable law, Drift on Island, Affiliates and their respective employees and agents disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or any warranty that the Website will operate uninterrupted or error-free. Drift on Island does not warrant that the functions contained in this Website will be available, uninterrupted or error-free, that defects will be corrected, or that the Website or the services that make the Website available are free of viruses or other harmful components. Drift on Island does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other Content on the Website or any sites linked to the Website in terms of their correctness, accuracy, reliability, availability, ownership or otherwise. Drift on Island makes no warranties that your use of the materials on the Website, information, software, facilities, forums, service or Content will not infringe the rights of others and Drift on Island assumes no liability or responsibility for errors or omissions in the materials on the Website, information, software, facilities, service or Content.

UNDER NO CIRCUMSTANCES WILL DRIFT ON ISLAND, AFFILIATES OR ANY OF THEIR RESPECTIVE PRINCIPALS, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE PERSONALLY OR OTHERWISE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Website or any Content on the Website or any provision of the Terms and Conditions of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website.

Investigations. Drift on Island reserves the right to investigate suspected violations of these Terms and Conditions of Use. By using the Website and by accepting these Terms and Conditions of Use, you waive and hold harmless Drift on Island from any claims resulting from any action taken by Drift on Island during or as a result of its investigations or from any actions taken as a consequence of investigations by either Drift on Island or law enforcement authorities.

Modification; Waiver of Terms. The Website and the products, services and programs described in the Website may be changed, eliminated or updated without prior notice. We also may make changes to these Terms and Conditions of Use and any Website-related policies, rules or guidelines at any time in our sole and absolute discretion. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms and Conditions of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms. Please review these Terms and Conditions of Use periodically and check the version date for changes. No waiver of any breach of the Terms and Conditions of Use or the Privacy Policy shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of either the Terms and Conditions of Use or the Privacy Policy, and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of Drift on Island. Drift on Island reserves the right to modify or discontinue the Website or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Drift on Island shall not be liable to you or any third party should Drift on Island exercise its right to modify or discontinue the Website or part of it.

Florida Law. This Website is created and maintained in the State of Florida, USA. As such, the laws of the State of Florida govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Florida, acknowledge that venue is only proper in the courts in Collier County, Florida and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action that any party may have arising from or related to use of the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred.

Use of the Website is not authorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions of Use or the Privacy Policy, including, but not limited to, disclaimers and limitations of liability. In the event any provision of these Terms and Conditions of Use or the Privacy Policy is determined to be invalid or unenforceable in any jurisdiction, the remaining terms shall continue in full force and effect in that jurisdiction, and a determination of invalidity or unenforceability in one jurisdiction shall not affect the Terms and Conditions of Use or the Privacy Policy in any other jurisdiction.

If any provision of these Terms and Conditions of Use 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 these Terms and Conditions of Use remain in full force and effect.

Digital Millennium Copyright Act (DMCA). Drift on Island is committed to complying with U.S. copyright and related laws and requires all users of the Website to comply. If an owner of a copyrighted work believes that its rights have been infringed, the owner may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (DMCA) to report alleged infringements. Drift on Island designates the following individual as its agent for receipt of notifications of claimed copyright infringement: Roberta Hurlburt, Drift on Island, 8725 Placida Road, Suite 7, Placida, Florida 33946, , 239- 261-6555, info@DriftonIsland.com.

Entire Agreement. These Terms and Conditions of Use and the Drift on Island Privacy Policy constitute the entire agreement between us and you with respect to the Website. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.

Contacting Us. You may contact us at the following email address: info@DriftonIsland.com or as follows:

Drift on Island 8725 Placida Road, Suite 7 Placida, Florida 33946

Effective August 1, 2016

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