TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
1. Use of this Site.
As a condition of your use of this site, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this site in accordance with these terms and conditions; (iv) you will only use this site to make legitimate purchases or reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this site is true, accurate, current and complete, and (vii) if you have an BestOfNewYork.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this site and the services we offer, at any time and for any reason, including, but not limited to, for violation of these terms and condition.
2. Who You Are Buying From
BestOfNewYork.com acts as an agent to those who are promoting or otherwise providing the events, attractions, hotels, or other goods and/or services for which you purchase tickets or vouchers, or make reservations, which include certain venues, teams, artists, nightclubs, hotels, travel companies, rental companies, and promoters ("Providers"). BESTOFNEWYORK.COM IS PROVIDING ACCESS TO THE GOODS OR SERVICES OF THE PROVIDERS, AND NOT THE GOODS OR SERVICES THEMSELF. BESTOFNEWYORK.COM HAS NO CONTROL OVER THE GOODS OR SERVICES. YOUR DISSATISFACTION WITH THE GOODS OR SERVICES SHALL BE ADDRESSED WITH THE PROVIDER, AND ANY REFUNDS OR EXCHANGES SHALL BE GOVERNED BY SECTION 7 OF THESE TERMS AND CONDITIONS. BestOfNewYork.com will be handling the transactions and collecting payment for the Providers, and if the tickets or vouchers are sent, or reservations booked, they will be sent to you from the United States, regardless of what country you live in. Tickets obtained from unauthorized sources - sources other than the site - may be lost, stolen or counterfeit, and shall be deemed void.
3. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be canceled unless the delivery is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
Additionally, notwithstanding anything herein to the contrary, if your order requires you to pick up your tickets or vouchers at any hotel destination or will-call office, your order shall be deemed accepted upon your receipt from us of an electronic or other form of order confirmation, subject, however, to the first paragraph of this third Section. Your failure to pick up your order as described at the time of purchase shall not be deemed a rejection by you of your order and shall not relieve you of any payment or credit card charge for such order.
We are a reseller to end-user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site.
We make every effort to maintain the availability of our site; however, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
If you do not receive a confirmation (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with BestOfNewYork.com's Customer Service Center whether or not your order has been placed. Only you may be aware of problems that may occur during the purchasing process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation, nor if you erroneously assume the order was placed.
4. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept Visa®, Mastercard®, American Express® and Discover® cards, and valid BestOfNewYork.com Gift Cards, for all purchases. You represent and warrant that (a) the credit card information you supply to us is true, correct and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order if any such information is requested by BestOfNewYork.com. You agree to pay interest on all past due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then current shipping policies, as described below.
5. Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
In the event the amount you pay for a ticket or voucher is incorrect, regardless of whether such error is due to an error in a price posted on this site or otherwise communicated to you, or due to a human error or a transactional malfunction of this site or other BestOfNewYork.com operating system, then BestOfNewYork.com shall have the right to cancel the particular ticket, voucher or reservation (or the order containing such ticket, voucher or reservation), and refund to you the amount that you paid.
6. Taxes & Fees
a. The following information explains what taxes and fees apply when you purchase your tickets, vouchers, hotel reservations, or other travel arrangements with us, and we hope that you find this explanation helpful. In order to provide one of the most comprehensive listings of offers with the most competitive prices, our "pre-paid" model consists of securing the travel products as inventory from our Providers and then providing this wide array of travel products to you, our customers. We charge your credit card the full amount of the transaction at the time of the reservation, including any taxes and fees. The term "taxes and fees" means, generally, that we collect an amount from you equal to the amount that we expect our Providers to bill us in order to pay any applicable taxes, governmental fees, or any other charges remitted to the applicable state or local government, plus taxes that would apply to the specific nature of your transaction and the services we provide. This means you will be charged sales tax based on the goods or services you are purchasing or based on the reservations booked (e.g. sales and use, occupancy, room tax, value added tax, etc.), or a "tax recovery charge." A tax recovery charge is a fee charged to us by our Providers who have an obligation to charge any such applicable taxes, governmental fees, and other charges; and is equal to the estimated amount billed to us by our Providers to reimburse them for the taxes, governmental fees, and other charges paid. Any remaining amount after sales tax and/or the tax recovery charge effectively represents a service fee charged by us. For a detailed breakdown of taxes and fees, you may request one from us at any time.
b. What does all this mean to you? Just keep in mind that when you see the words "taxes" or "fees" on our site, it may mean a tax recovery charge, and the percentage will vary based on multiple variables including the local city, county, or state taxes, fees, and based on the good or service being purchased or reservations booked. As an example, when we purchase tickets and other travel from our Providers, often times we have to pay sales tax or applicable hotel and lodging taxes on the purchase and such taxes are charged to you, the ultimate consumer. Therefore, what we're collecting from you are these taxes specifically or a tax recovery charge that is equal to the amount we expect our travel suppliers to charge us. In most cases this ranges from 6% to 10%. When you purchase a hotel reservation, the combined taxes for hotel reservations may range between 10% and 14%. When we present the breakdown to you, we make our best efforts to list the items of the base sales price and taxes/fees separately for you in a similar manner. The total price of your transaction, for ticket orders, hotel reservations, and vacation packages, will include all amounts payable to us and will be displayed before you make your purchase.
c. Tickets and Travel. Unless otherwise noted, prices shown for travel packages are in United States Dollars for one adult, and if the travel package includes a hotel, based upon double occupancy, unless specified otherwise. Prices are subject to change based upon your choice of travel dates, number of travelers, and your choice of hotels or other items, and may require a minimum nights' stay. For all hotel reservations, ticket orders, or any other transactions, the product information and all other terms and conditions regarding the items in your order, other than those terms and conditions of purchase specific to the particular Provider, will be listed on the site for you to review prior to purchase. You are strongly encouraged to research the particular Provider in your order to determine if there are any terms or conditions unsatisfactory to you. Amounts displayed in the "Taxes and Fees" line for transactions consist of the amount that we expect the relevant hotel/attraction/event/travel supplier or aggregator to bill us for any applicable taxes, tax recovery fees, governmental fees and other charges, as outlined above plus an additional processing service fee that we retain as described below.
d. Hotel Transactions. In order to provide you with the best offers available, we provide and market hotel rooms on the site on a "prepaid" model, where we collect the full amount from you up front and handle the payments to the hotel or hotel supplier. Amounts displayed in the "taxes and fees" line for these hotel transactions consist of the amount that we expect the relevant hotel, hotel aggregator, or source of hotel inventory to bill us for any applicable taxes, tax recovery fees, governmental fees, service fees, and other charges.
e. Additional Information. Information regarding taxes, governmental fees and other charges on any travel-related transactions not discussed above will be calculated and displayed to you prior to check-out. Also, remember that you may incur other charges while traveling that are not payable to us and are not included in the quoted price, such as hotel extra-person or extra-bed charges, resort fees, gratuities, parking fees, telephone fees, room service, movies, mini-bar, or rental car insurance, gasoline, and other incidentals. Such fees, if applicable, shall be charged by the applicable Provider.
f. Shipping Fees. Some ticket transactions require the delivery form of shipping. All packages that require shipping that are over $125 are required to be shipped by UPS to ensure delivery. The shipping fees are standard fees that are delegated to us by our suppliers.
g. Miscellaneous Other Fees. Most transactions are available for electronic ticket delivery and various payment options may be available based on supplier availability. Various service fees and/or restrictions may be applicable. This information will be displayed prior to all purchases and additional delivery options are for your convenience.
7. Refunds and Exchanges Fees
In order to offer the most competitive pricing and product selection, we eliminate excessive service fees by relying on our database to connect directly to most of our Providers. This prohibits us from being able to offer refunds and/or cancellations, and in most instances, tickets or vouchers are non-refundable and non-transferable. Policies set forth by our clients, partners, or Providers, including but not limited to venues and hotels, generally prohibit BestOfNewYork.com from issuing exchanges or refunds after a ticket has been purchased or for any lost, stolen, damaged or destroyed tickets. AS SUCH, THERE ARE NO REFUNDS, CANCELLATIONS OR CHANGES AFTER AN ORDER HAS BEEN PLACED UNDER ANY CIRCUMSTANCES, EXCEPTING THOSE ORDERS FOR TICKETS TO A SHOW OR EVENT WITH SPECIFIC TIME AND DATE, IF ANY SUCH SHOW OR EVENT IS CANCELLED. Before purchasing tickets or vouchers, carefully review your event and seat selection, or other pertinent information to your purchase, as may be applicable. Changes, cancellations and refunds, if permitted for the transaction, and only in exceptional circumstances and in BestOfNewYork.com's sole and absolute discretion, may carry a fee of 10% of your total order price for ticket orders. Hotel cancellations or changes can be made at anytime for FREE outside of 48 hours before your Arrival Date; however any changes for different dates will be based on availability and prices may change based on available inventory at the time of the change request. Cancellations made within 48 hours of the arrival date will incur a minimum of one night room and tax, plus any fees charged by the specific hotel. Unused rooms and no-shows are non-refundable. Arrivals made on the check-in date are considered no-shows if you arrive after 11:59pm per local time at the hotel you booked. Please note that these fees may vary by product, carrier and specific rules and may not be applicable. Additionally, we may occasionally offer products at a discount after the original on-sale date and will not refund the difference between the original price and the sale price.
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets or vouchers you purchased, or reservations booked. Without limiting the generality of the foregoing, you will not contact BestOfNewYork.com to seek a refund or exchange from BestOfNewYork.com when BestOfNewYork.com is prohibited from providing one by its clients, vendors, or Providers, and that you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase tickets or vouchers from this site. Should you do so, your tickets, vouchers or reservations may be cancelled or inactivated, and BestOfNewYork.com may, in its sole and absolute discretion, refuse to honor pending and future ticket, voucher or hotel reservation purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all users in whose name the credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the site.
If, for any circumstances, a ticket, voucher or reservation is refunded, such refund will be issued using the same method of payment that was used for the purchase. If a credit card was used to make the refunded purchase, then only that credit card will receive the credit for the refund. BestOfNewYork.com will not be liable for travel or other expenses that you or anyone else incurs in connection with a cancelled or postponed event.
8. Delivery/Shipping Policy
We offer a variety of delivery options to meet your shipping needs, as further set forth in the Shipping/Delivery Terms/Conditions located on the Checkout page of our site. Please check the Checkout page for specific delivery options. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.
Please note the posted shipping time frame is listed on the Checkout page and may vary from item to item. The posted delivery/shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
These Delivery/Shipping terms are accepted by you by placing an order with us.
9. Advertising Disclaimer and Trademarks
The descriptions of products and services that are posted on our site are the representations of our suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to products and services available through our site are the sole property of their respective owners. Photographs courtesy of the respective Provider.
10. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
THE PROVIDERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF BESTOFNEWYORK.COM OR ITS AFFILIATES. BESTOFNEWYORK.COM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. ENTERTAINMENT BENEFITS GROUP, LLC AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
YOU HEREBY ASSUME ALL RISKS AND DANGER INCIDENTAL TO THE EVENT OR PRODUCT FOR WHICH THE TICKET OR VOUCHER IS ISSUED, OR RESERVATION BOOKED, WHETHER OCCURING BEFORE, DURING, OR AFTER THE EVENT OR USE OF THE PRODUCT OR SERVICE. YOU HEREBY WAIVE ANY CLAIMS FOR PERSONAL INJURY OR DEATH AGAINST BESTOFNEWYORK.COM OR ITS AFFILIATES ON BEHALF OF YOURSELF AND ANY ACCOMPANYING MINOR. SHOULD YOU PLACE AN ORDER ON ANY OTHER INDIVIDUAL'S BEHALF, YOU AGREE TO INFORM ANY SUCH INDIVIDUAL OF THE LIMITATIONS ON LIABIILTY CONTAINDED IN THIS AGREEMENT, AND ANY USE BY ANY SUCH INDIVIDUAL OF ANY TICKET OR VOUCHER SHALL BE DEEMED AN ACCEPTANCE OF THESE TERMS AND CONDITIONS.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL BESTOFNEWYORK.COM, OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR "AFFILIATES") HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF BESTOFNEWYORK.COM IS AUTHORIZED TO MODIFY THIS LIMITATION.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
You agree to defend and indemnify BestOfNewYork.com and any of its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents, from and against any claims, causes of action ,demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought t by third parties as a result of: (a) your breach of these terms and conditions, or the documents referenced herein; (b) your violation of any law or the rights of any third-party; or (c) your use of this site.
12. License; Ejection and Cancellation; No Redemption Value
Event or Product Providers reserve the right, without refund or any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses profane, vulgar, or abusive language, or who fails to comply with Event or Product Provider rules. In any such event, you shall not be eligible to, and BestOfNewYork.com shall not be obligate to, issue a refund for any such ticket or event, and BestOfNewYork.com shall not be liable for any incidental or consequential expenses incurred by you..
13. Warranty and Return Policy
Most of the products and services available through our site are covered under the manufacturer's or Provider's warranty, which is detailed in the product's description. If applicable, such warranties apply from the date of shipment. You understand that we do not operate or control the products or services offered by the manufacturers or Providers participating on our site, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer or Provider to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through our site.
14. Privacy and Customer Information
15. Prohibited Use
The content and information on this site (including, but not limited to, price and availability of goods or services), as well as the infrastructure used to provide such content and information, is proprietary to us or our Providers. While you may make limited copies of your goods or services (and related documents) purchased or booked through this site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, goods, or services obtained from or through this site. Additionally, you agree not to:
(i) use this site or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(iii) access, monitor or copy any content or information of this site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate any restrictions in any on this site or bypass or circumvent other measures employed to prevent or limit access to this site;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
(vii) "frame", "mirror" or otherwise incorporate any part of this site into any other website without our prior written authorization.
16. Links to Third-Party Sites
This site may contain hyperlinks to websites operated by parties other than BestOfNewYork.com. Such hyperlinks are provided for reference and convenience only. We do not control or monitor such websites and shall not be responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions and to ensure that whatever links you select or software you download (whether from this site or other websites) are free of such items as viruses, worms, trojan horses, defects and other items of destructive nature. Our inclusion of hyperlinks does not imply any endorsement of the material on such website or any association with their owners or operators.
17. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
18. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
19. Governing Law and Statute of Limitations
This site (excluding any linked site) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Florida and federal courts in Miami-Dade County, Florida for the resolution of any dispute between the parties arising under the terms of this Agreement and pursuant to any purchase by you on the site. Each Party agrees to waive any objection he/it may have to Miami-Dade County, Florida serving as the venue for resolving any dispute between them arising out of the terms of this Agreement.
Any cause of action brought by you against us or our Affiliates must be instituted with one (1) year after the cause of action arises or be deemed forever waived and barred.
We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
20. Enforceability and Severability
The invalidity or unenforceability of any terms or conditions hereof will in no way affect the validity or enforceability of any other term or provision. If any part of the terms and conditions hereof are determined to be invalid, unenforceable, or contrary to law or professional ethics, that part will be reformed, if possible, to conform to law and ethics and all other parts of these terms and conditions will remain fully effective.