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Web Site Privacy Policy and Terms of Use (PPTOU)

Acceptance of Terms of Use

The Daytona Beach Downtown Development Authority (DDA) provides its web site, RiverfrontShopsofDaytona.com for your convenience and enjoyment. By using the information, services and products available through this web site, you agree to be bound by all of the DDA’s terms and conditions of use as set forth herein.

The terms and conditions set forth in the PPTOU may be updated from time to time without notice to you. It is your responsibility to review it from time to time to be aware of any such change. Your continued use of this service will indicate your agreement to any such change.

The Daytona Beach Downtown Development Authority is not responsible for the content or privacy practices of outside web sites, including those linked to by RiverfrontShopsofDaytona.com and those linking to RiverfrontShopsofDaytona.com.

Copyright and Trademarks

The entire contents of the RiverfrontShopsofDaytona.com are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are The Daytona Beach Downtown Development Authority, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of RiverfrontShopsofDaytona.com solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

Collection of Personal Information

To engage in certain activities on the site or receive some electronic communications, you may be asked to provide certain information about yourself by filling out and submitting an online form. These activities are completely optional.

Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity online. Instead, you will need to use a non-web option for contacting the Daytona Beach Downtown Development Authority.

How Your Personal Information Is Used

The Daytona Beach Downtown Development Authority (DDA) collects your information in order to provide you with requested information, requests for proposal or to fulfill other requests. For example, information you provide to the DDA may be used to provide quotes or estimates for petroleum engineering consulting services.

All information collected will be shared only with contracted vendors involved in the maintenance of RiverfrontShopsofDaytona.com or in fulfilling your requests, except as required by law or expressly submitted by you for public display. Your information will never be sold or leased to other organizations.

Protection of Your Personal Information

The Daytona Beach Downtown Development Authority recognizes the importance of safeguarding personal information in our possession from theft, inappropriate use or improper distribution and uses reasonable precautions. While we strive to protect your personal information, the DDA cannot ensure or warrant the security of any information transmitted to us or received from our online products or services.

Cookies

A cookie is a small amount of data transferred to your computer by a web server. Most browsers accept cookies automatically, but browser preferences can be set to refuse them or notify you each time a cookie is being sent. The Daytona Beach Downtown Development Authority (DDA) may use cookies to facilitate access to password-protected content, to store preferences or to track site usage.

While certain web pages use cookies to assist your visit to the DDA web site, and while our web servers automatically log the IP address of your computer, this information does not identify you personally, and you remain anonymous unless you have otherwise provided personal information to a specific web page.

User Accounts

When registering to use a password-protected feature, if any, it is solely your responsibility to keep your private account information, such as username and password, secure. You must not disclose your private account information to anyone except other authorized persons.

You are entirely liable for all activities conducted through your account. You agree to immediately notify The Daytona Beach Downtown Development Authority of any unauthorized use of your account or any breach of security.

Your Responsibilities

You are responsible for all charges associated with connecting to the Internet. You agree that any access, data, or other communications fees and charges incurred are your sole responsibility. We advise you to check with your Internet Service Provider (ISP) with any service questions.

Prohibited Uses

As a user of the Daytona Beach Downtown Development Authority’s web site, you agree to use this service only for its lawful, intended purposes. Use of this service for transmission, distribution, retrieval or storage of any information, data or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the service to:

1. Provide false information or to impersonate someone else;

2. Distribute computer viruses, worms or any software intended to damage or alter a computer system;

3. Violate any applicable local, state, national or international law.

System and Network Security

Violations of system or network security of the service are prohibited, and may subject you to criminal and/or civil liability. The Daytona Beach Downtown Development Authority will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected.

You may not attempt to circumvent the authentication procedures or security of any host, network, network component or account to access data, accounts or systems that you are not expressly permitted to access. You may not interfere or attempt to interfere with service to any other user.

Violation of Terms of Use

In the event of any violation of the terms contained herein, The Daytona Beach Downtown Development Authority (DDA) reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided. Users who violate terms contained herein may additionally incur criminal and/or civil liability. The DDA may refer violators to civil or criminal authorities for prosecution.

Indemnity

You agree to indemnify and hold The Daytona Beach Downtown Development Authority and all subsidiaries, affiliates, telecommunications providers, service providers, officers, employees and agents harmless from any claim, liability, loss, expense or demand, including attorneys’ fees, related to a user’s violation of the terms and conditions or the use of the services and information provided at this web site.

Limitation of Liability

IN NO EVENT WILL THE DAYTONA BEACH DOWNTOWN DEVELOPMENT AUTHORITY, ITS SUPPLIERS, ITS SERVICE PROVIDERS OR OTHER THIRD PARTY AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO:

DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SERVICE;
ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES;
CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY;
INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION;
AGGREGATE LIABILITY OF THE DAYTONA BEACH DOWNTOWN DEVELOPMENT AUTHORITY OR ANY OF ITS SUPPLIERS, SERVICE PROVIDERS OR THIRD-PARTY AFFILIATES. IN NO EVENT SHALL THE DAYTONA BEACH DOWNTOWN DEVELOPMENT AUTHORITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF THE DAYTONA BEACH DOWNTOWN DEVELOPMENT AUTHORITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Any conclusions made as a result of this information are the sole liability of the reader.

IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEB SITE.

Termination

Either you or the Daytona Beach Downtown Development Authority (DDA) may terminate your Internet account at any time. This is your sole and exclusive remedy with respect to any dissatisfaction with the service. To initiate termination, contact info@riverfrontshopsofdaytona.com and identify the Internet service account you wish to terminate. Be sure to include your full name, telephone number(s) and valid email address.

Your account termination will take effect within a reasonable amount of time after the DDA receives your emailed notice. If a user’s conduct fails to conform to the letter or spirit of these terms and conditions, or if the DDA believes the user’s conduct may create liability for its affiliates then that user’s service will be terminated.

The DDA reserves the right to restrict access of any user of this service and may at any time in its sole discretion with or without notice and with or without cause immediately deny access to the service and may remove all account information.

Disclaimer of Warranties

This service is provided by the Daytona Beach Downtown Development Authority (DDA) on an “as is” basis. Neither the DDA nor its partners, providers or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the service, its contents or any information made available by or through the service.

The DDA disclaims all warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or any infringement. Furthermore, the DDA does not warrant that use of the service will not be interrupted, available at any time or from any location, secured and error-free. Corrected defects are not warrantable, and the service is not guaranteed free of viruses or other harmful components.

Jurisdictional Issues

The PPTOU shall be governed by and construed in accordance with the laws of the United States of America and the State of Florida. By using this web site, you also consent to the exclusive jurisdiction of the state and federal courts in Volusia County, Florida, and you further consent to the exercise of personal jurisdiction of the courts therein.

If any provision(s) of the PPTOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

The Daytona Beach Downtown Development Authority’s (DDA) failure to exercise or enforce any right or provision of the PPTOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the DDA in writing. You and the DDA agree that any cause of action arising out of or related to this PPTOU or the service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in this PPTOU are solely used for the convenience of the parties and have no legal or contractual significance. These terms and conditions constitute the entire agreement between you and the DDA with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.

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