Use of Facilities Agreement
All use of the Miami Mobile Mayhem LLC facility is governed by this Agreement, the relevant Simulator documentation, and the Terms of Service of Miami Mobile Mayhem LLC. The Terms of Service are fully integrated into this Agreement. These agreements constitute the entire understanding between you and Miami Mobile Mayhem regarding the use of the facility and associated services and products, and they supersede any prior agreements, whether written or oral. In case of any conflict between this Agreement and the Terms of Service, this Agreement will prevail.
If any provision of this Agreement is deemed unenforceable, it will be modified to the extent necessary to make it enforceable, while the remaining provisions will remain unaffected.
Jurisdiction and Choice of Law. The laws of the state of Florida govern the validity, interpretation, and execution of Miami Mobile Mayhem LLC. In case of a dispute, you consent to the exclusive jurisdiction of the State and Federal Courts of Miami-Dade, Florida.
Severability. If any part of Miami Mobile Mayhem LLC is deemed invalid by a competent Court of Law, the invalidity will not affect other provisions or applications of Miami Mobile Mayhem LLC that can be enforced without the invalid part.
Notification of Changes to this Agreement. We reserve the right to modify this Agreement periodically. You agree that you will be notified of these changes by posting notifications and changes on the Miami Mobile Mayhem website.
Informal Negotiations. The parties involved in a dispute regarding this Agreement or the utilization of the Miami Mobile Mayhem facility will make an effort to engage in informal negotiations to reach a potential settlement or resolution to the dispute.
Online Arbitration. Should the informal negotiations prove unsuccessful, the parties have mutually agreed to adhere to the online arbitration procedures set forth by the American Arbitration Association to resolve the dispute.
Binding Arbitration. Suppose online arbitration is unsuccessful or not accessible to the parties due to any reason. In that case, the parties have consented to submit to binding arbitration within the jurisdiction of Miami-Dade, Florida.
All information, content, services, and material provided by the Miami Mobile Mayhem facility and simulation software are offered “As Is”. We disclaim any warranties or representations, whether express or implied, including merchantability or fitness for a specific purpose, to the fullest extent permitted by law. We do not guarantee non-infringement of intellectual property or proprietary rights.
Your purchase and use of the Miami Mobile Mayhem facility are at your own risk. We do not guarantee that your access to the facility will be timely, secure, uninterrupted, or error-free. Miami Mobile Mayhem Facility LLC will not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages, including lost profits, business interruption, or loss of data, arising from the purchase or use of the facility, regardless of the theory of liability.
Furthermore, Miami Mobile Mayhem Facility LLC disclaims all warranties regarding the privacy and integrity of the computer resources used to operate the simulator. We and our Licensors or Distributors are not responsible for any disruptions, delays, or omissions in connections or data exchanges that may occur while using the Miami Mobile Mayhem facility. We are also not liable for the actions of other users who interact with the facility.
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Miami Mobile Mayhem