Welcome to our site. Please find the following terms and conditions between the user and Refresh Miami. Refresh Miami is a 501c3 non-profit with a mission to educate, inspire, connect and grow South Florida’s tech and startup ecosystem.
The Refresh Miami website (the “Site”) consists of various web pages operated by Refresh Miami. It is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting the Site or receiving emails from Refresh Miami constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Refresh Miami is not responsible for third party access to your account that results from theft or misappropriation of your account. Refresh Miami and its associates reserve the right to refuse or cancel memberships, terminate accounts, or remove or edit content in our sole discretion.
Refresh Miami does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with the permission of a parent or guardian.
Membership plans and billing
Refresh Miami memberships are pay-as-you-go and are charged at the beginning of your membership term. Your membership is billed either monthly or annually. Memberships renew automatically on your specified billing date. There are no contracts, so you can cancel at any time. When canceling, services will be provided up to the last day of the membership term and therefore no proration of fees.
Links to third party sites / third party services
The Site may contain links to other websites (”Linked Sites”). The Linked Sites are not under the control of Refresh Miami and Refresh Miami is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Refresh Miami is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Refresh Miami of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Refresh Miami domain, you hereby acknowledge and consent that Refresh Miami may share such information and data with any third party with whom Refresh Miami has a contractual relationship to provide the requested product, service or functionality on behalf of Refresh Miami users and customers.
No unlawful or prohibited use / intellectual property
All content, such as text, graphics, logos, images, as well as the compilation thereof, is the property of Refresh Miami or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Refresh Miami content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Refresh Miami and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Refresh Miami or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated, and administered by Refresh Miami from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Refresh Miami Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Refresh Miami, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Refresh Miami reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Refresh Miami in asserting any available defenses.
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Miami Dade County, Florida. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class action waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, PLATFORM, PRODUCTS, AND MEMBERSHIPS INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REFRESH MIAMI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
REFRESH MIAMI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Refresh Miami AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination / access restriction
Refresh Miami reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Refresh Miami’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Refresh Miami’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Refresh Miami with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Refresh Miami with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Refresh Miami with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to terms
Refresh Miami reserves the right, in its sole discretion, to change the Terms. The most current version of the Terms will supersede all previous versions. Refresh Miami encourages you to periodically review the Terms to stay informed of our updates.
Collection of personal information
Refresh Miami may collect personally identifiable information, such as your name and email address. If you purchase one of Refresh Miami’s paid membership plans, we collect billing and credit card information. This information is used to complete the purchase transaction. Refresh Miami may also collect anonymous demographic information, which is not unique to you, such as your age, gender and zip code. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by Refresh Miami. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain the quality of the service, and to provide general statistics regarding use of the Refresh Miami website.
Refresh Miami encourages you to review the privacy statements of websites you choose to link to from Refresh Miami so that you can understand how those websites collect, use and share your information. Refresh Miami is not responsible for the privacy statements or other content on websites outside of the Refresh Miami website.
Use of personal information
Refresh Miami collects and uses your personal information to operate its website(s) and deliver the content you have requested.
Refresh Miami may also use your personally identifiable information to inform you of other products or services available from Refresh Miami and its affiliates. Refresh Miami may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Refresh Miami does not sell, rent or lease its customer lists to third parties.
Refresh Miami may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. Refresh Miami may share data with trusted partners to help perform statistical analysis, send you email or postal mail, or provide customer support. All such third parties are prohibited from using your personal information except to provide these services to Refresh Miami, and they are required to maintain the confidentiality of your information.
Refresh Miami may keep track of the pages our users visit within Refresh Miami, in order to determine what Refresh Miami services are the most popular. This data is used to deliver customized content and advertising within Refresh Miami to customers whose behavior indicates that they are interested in a particular subject area.
Refresh Miami will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Refresh Miami or the site; (b) protect and defend the rights or property of Refresh Miami; and, (c) act under exigent circumstances to protect the personal safety of users of Refresh Miami, or the public.
The Refresh Miami website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Refresh Miami pages, or register with Refresh Miami site or services, a cookie helps Refresh Miami to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as your account login. When you return to the same Refresh Miami website, the information you previously provided can be retrieved, so you can easily use the Refresh Miami features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Refresh Miami services or websites you visit.
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Security of your personal information
Refresh Miami secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Children under thirteen
Refresh Miami does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-out & unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Refresh Miami by following the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
Changes to this statement
Refresh Miami will occasionally update this Statement of Privacy to reflect company and customer feedback. Refresh Miami encourages you to periodically review this Statement to be informed of how Refresh Miami is protecting your information.
Refresh Miami welcomes your questions or comments regarding this Statement of Privacy. If you believe that Refresh Miami has not adhered to this Statement, please contact Refresh Miami at [email protected]