TERMS & CONDITIONS

Last Updated: May 23, 2019

These Terms of Service (“Terms”) apply to your access to and use of the FLORIDA COASTAL PREP LLC website: FloridaCoastalPrep.com (the “Website”) and mobile application (the “App”) provided by Florida Coastal Prep LLC (collectively, “FCP,” “we” or “us”), and the features, services, and programs offered through the Website and the App (collectively with the Website and App, our “Service”). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms, do not access or use our Service.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with FCP or its subsidiaries or affiliates, for products, services or otherwise, including enrollment agreements or program terms that apply to enrollment in or attendance at any Florida Coastal Prep LLC schools, camps, training, events, and other programs we offer (“Program Terms”).

Please refer to our Privacy Policy for information about how we collect, use and share information about you when you use the Service.

If you have any questions about these Terms, our Service or our events or programs, please contact us at [email protected].

1. ELIGIBILITY

You must be at least 13 years of age to access or use our Service. However, certain features of our Service, such as registering for Florida Coastal Prep LLC post-graduate programs, camps, training, events, and other programs we offer (“Florida Coastal Prep LLC Programs”), require that you be 18 years of age or older and have a valid payment method that you are authorized to use. If you are accessing or using our Service on behalf of another person or on behalf of an entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

2. USER CONTENT

Our Service may allow you to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content“). Except for the license you grant below, and Feedback as set forth in Section 4 below, you retain all rights in and to your User Content, as between you and FCP.

You grant FCP a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username) may be visible to the public. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

3. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Service. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and FCP;
  • Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner; or
  • Use our Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of the content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.

4. FEEDBACK

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about FCP or our Service or Florida Coastal Prep LLC Programs (collectively, “Feedback”) is non-confidential and will become the sole property of FCP. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  1. NOTICE OF PHOTOGRAPHY AND AUDIO AND VIDEO RECORDINGS

When you visit Florida Coastal Prep LLC premises or attend Florida Coastal Prep LLC Programs, you may enter an area where photography and audio and video recordings may occur. By entering the Florida Coastal Prep LLC premises or attending Florida Coastal Prep LLC Programs, you consent to such photography and audio and video recording and you release FCP for any liability connected therewith. You acknowledge that you have no expectation of privacy while on the Florida Coastal Prep LLC premises.

6. INDEMNIFICATION

You will indemnify, defend, and hold harmless FCP and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “FCP Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and FCP or the other FCP Parties.

7. LIMITATION OF LIABILITY

FCP and the other FCP Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if FCP or the other FCP Parties have been advised of the possibility of such damages.

The total liability of FCP and the other FCP Parties for any claim arising out of or relating to these Terms, our Service, or any Florida Coastal Prep LLC Program, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Service or for the Florida Coastal Prep LLC Program.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of FCP or the other FCP Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

8. RELEASE

To the fullest extent permitted by applicable law, you release FCP and the other FCP Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties

9. GOVERNING LAW AND VENUE

These Terms and your access to and use of our Service and Florida Coastal Prep LLC Programs will be governed by and construed and enforced in accordance with the laws of Florida, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.

10. CHANGES TO THESE TERMS

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.

11. MISCELLANEOUS

These Terms, together with any applicable Program Terms, constitute the entire agreement between you and FCP relating to your access to and use of our Service. The failure of FCP to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.