PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. THESE TERMS GOVERN YOUR USE OF THE SITE AND ARE BINDING BETWEEN YOU AND MORNING CALM MANAGEMENT, LLC (“MORNING CALM MANAGEMENT”).
1. Purpose of this Site
The Morning Calm Management Web Site (the “Site”) is made available to the visitor (“You”) solely for informational, noncommercial use; nothing herein constitutes an offer to sell, lease, or provide any goods or services.
2. Information Relating to Available Space and Pricing
This Site enables You to access listings of available space and related pricing. While we endeavor to keep these listings accurate and up to date, this information does not in any way constitute an offer by us. If You are interested in leasing space in our buildings, please contact the person listed in the inquiries section within each project page.
3. Information Relating to Employment Opportunities
4. Acceptance of Terms
Your use of the Site constitutes your full legal acceptance of each of these terms, both in your individual capacity and as an employee and agent of your employer. You acknowledge that your use of the Site binds You to these terms and conditions to the same extent as if You and a duly authorized representative of your employer had signed this agreement. IF EITHER YOU AND/OR YOUR EMPLOYER (COLLECTIVELY OR INDIVIDUALLY, “YOU”) DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE.
5. Limited Authorization to Use Protected Material
Morning Calm Management grants You permission to display, download, and reproduce information posted on the Site, (“Information”) subject to your agreement to abide by the following conditions: You may display, download, and reproduce the Information solely for non-commercial or business purposes within your organization, and You must retain and reproduce each copyright notice or other proprietary rights notice contained in any of the Information You display, download, or reproduce. With the exception of the foregoing limited authorization, You are not granted any license to or right in connection with this Site.
6. Accuracy; Limitation of Liability and Exclusion of Warranties
Morning Calm Management makes reasonable efforts to ensure that all information contained on the Site is accurate and up to date. Nevertheless, your use and browsing of this Site is exclusively at your own risk and this Site is provided to You AS-IS.
MORNING CALM MANAGEMENT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THIS SITE AND THE MATERIALS CONTAINED HEREIN. MORNING CALM MANAGEMENT EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ASSUMES NO LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION CONTAINED IN THIS SITE.
MORNING CALM MANAGEMENT ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.
UNDER NO CIRCUMSTANCES SHALL MORNING CALM MANAGEMENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THIS AGREEMENT EVEN IF MORNING CALM MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MORNING CALM MANAGEMENT’S SOLE LIABILITY HEREUNDER SHALL NEVER EXCEED $500.00.
7. Non-proprietary Treatment of Information You Provide
Any communication You make with Morning Calm Management via this Site will be treated as non-proprietary. Morning Calm Management is free to use any idea, concept, or invention created by You and transmitted to it via this Site notwithstanding any limiting language You may use when transmitting such information. If You do not want Morning Calm Management to use your idea unless it pays You a fee, or agrees to other terms, do not transmit it to Morning Calm Management via this Site.
9. Links to Third Party Sites
This Site may contain links to other Web sites or frame information from other Web sites that are not under the control of Morning Calm Management. Morning Calm Management is providing these links and/or frames to You only as a convenience.
MORNING CALM MANAGEMENT MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER SITES LINKED TO THE MORNING CALM MANAGEMENT SITE MAY BE MATERIALLY DIFFERENT THAN OUR TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION.
No permission is hereby granted to You to link from any other Web site to any portion of this Site, or to frame any content contained on this Site without Morning Calm Management’s prior written permission.
10. Intended Audience; Local Laws; Dispute Resolution
This Site and the services described on this Site are intended for adult individuals only. Morning Calm Management does not target children under the age of 18 and does not seek to collect any personally identifiable information about children under the age of 18. We encourage and support the efforts of parents and legal guardians of children to monitor their children’s internet usage and to caution them against providing personally identifiable information to any Web site over the Internet without permission.
The Site (excluding any linked Web site) is controlled by Morning Calm Management from its offices within the State of Florida, United States. This Site can be accessed from all states in the United States, as well as from other countries around the world. Each of these places has laws that may differ from those of the State of Florida. By accessing this Site, You agree that all matters relating to access to, or use of, this Site or any other linked Web site, shall be governed by the applicable laws of the State of Florida and the laws of the United States of America, without regard to the conflicts of laws principles thereof. You also agree, and by using this Site hereby submit, to the exclusive personal jurisdiction and venue of the courts of the State of Florida relating to any dispute arising out of your use of the Site.
Your use of this Site is void where prohibited by laws in jurisdictions to which You are otherwise subject, and You agree that You shall not visit or use this Site in any such circumstances. You agree and acknowledge that your use of this Site, and all transactions occurring in connection with this Site, shall be deemed to have occurred and taken place solely in the State of Florida, United States.
11. Statute of Limitations
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 these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Morning Calm Management reserves the right to modify and add to the Terms at any time without prior notice by posting the new terms and conditions on the Site. You should periodically review these Terms for updates. Use of the Site after such posting of any modifications or additions shall constitute your acceptance of the new terms as indicated above.
If Morning Calm Management, in its sole discretion, determines that a violation of the Terms has occurred, Morning Calm Management may pursue any of its legal remedies. However, the failure of Morning Calm Management to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms contain the entire agreement between us relating to the subject matter hereof, and supersede any prior understanding or agreements regarding the subject.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Morning Calm Management is committed to providing the best possible experience for users of our Site. If You observe material or behavior that may violate one of the Morning Calm Management Terms, including without limitation material that You believe may be infringing another’s rights, please contact Web Master, Morning Calm Management, 1641 Worthington Road, Suite 140, West Palm Beach, FL 33409.