Terms & Conditions
1. Shipping Limitations
All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
2. Accuracy of Information
We provide the most accurate information on this Site as possible. However, we do not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current or error-free. Your sole remedy for the purchase of any product from the Site is to return it in its unused condition in accordance with the contract of sale.
3. Intellectual Property
TRADEMARKS The trademarks, logos, and service marks (collectively the “Trademarks”), which you see on this Site, are registered and unregistered trademarks of Health Bomb LLC dba Miami Beach Bum. All other Trademarks, product names, and company names and logos appearing on this Site are the property of their respective owners. Nothing in this Site grants to you any license or right to use any Trademark displayed on this Site without the written permission of the owner of the Trademark. Your use or misuse of the Trademarks displayed on this Site, or any other content on this Site, is strictly prohibited. COPYRIGHTS You acknowledge that miamibeachbum.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the law, and miamibeachbum.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
4. Electronic Communications and Notice
When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.
5. Your Information
6. User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information and other submissions disclosed, submitted or offered to Health Bomb LLC dba Miami Beach Bum (together with their successors and assigns, "Miami Beach Bum") or included with any hashtags provided by Miami Beach Bum, on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "User Content") shall be and remain Miami Beach Bum's property. Such disclosure, submission or offer of any User Content shall constitute an assignment to Miami Beach Bum of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. Therefore, Miami Beach Bum will own exclusively all such rights, titles and interests and shall not be limited in any way in its use or modifications to the submission, commercial or otherwise, of any User Content. Miami Beach BUm is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; (3) to credit or acknowledge any user for User Content; or (4) to respond to any User Content. You agree that User Content submitted by you to the Site will not violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that User Content submitted by you to the Site will not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in Miami Beach Bum’s sole discretion. You are and shall remain solely responsible for any User Content you submit on the Site. You agree that Miami Beach Bum may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Miami Beach Bum may use your information for marketing and promotional purposes.
Any contests described or posted on this Site shall be governed by the rules regulating such event.
Any promotions described or posted on this Site shall be governed by the rules regulating such event. Promotions are not valid for sets sold online, which are already discounted. Promotions are not valid for cash and cannot be used in conjunction with another offer. No adjustments to prior purchases and promotions are not valid towards the purchase of gift certificates. Promotions are subject to change or expiration without notice.
9. Miami Beach Bum
By submitting photographs, comments, or other information to Miami Beach Bum (with hashtags or otherwise), you grant Miami Beach Bum a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, distribute, publish, and modify your submissions.
10. International Access
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. You understand that by using the Site you consent to having your personally identifiable information collected, used, transferred to and processed in the United States.
11. Linking to this Site
Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Site must comply with the terms and conditions of our permission as well as all applicable laws, rules and regulations.
All products purchased from or via this Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, us. Title to products purchased on this Site, as well as the risk of loss for such products, passes to you when we deliver these items to the carrier.
13. Disclaimer of Warranty
THIS SITE IS PROVIDED BY MIAMIBEACHBUM.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIAMIBEACHBUM.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIAMIBEACHBUM.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIAMIBEACHBUM.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HEALTH BOMB LLC DBA MIAMI BEACH BUM, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
14. Limitation of Liability
You expressly agree that use of miamibeachbum.com is at your sole risk. Neither Health Bomb LLC dba Miami Beach Bum nor any of its officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that miamibeachbum.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of miamibeachbum.com , or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through miamibeachbum.com.
15. Revisions to these Terms and Conditions
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If you do not agree to any of these terms or any future terms, do not use this Site.
You agree to defend, indemnify, and hold harmless Health Bomb LLC dba Miami Beach Bum and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of these Terms and Conditions by you and/or your activities in connection with this Site or any services related to this Site. We may participate in the defense of any claim. You shall not settle any claim that affects Health Bomb LLC dba Miami Beach Bum without our prior written approval.
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
19. No Waiver
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
21. Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the State and Federal laws of the State of Florida, without giving effect to any principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim by you (or those claiming through you) arising out of your use of this Site or material appearing on this Site, will be resolved by binding arbitration conducted in Miami, Florida and shall be arbitrated on an individual basis (and not consolidated with any claim of any other party). Arbitration shall be conducted under the rules of the American Arbitration Association.
22. Entire Agreement
This Agreement contains the entire agreement between you and us with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Site.