LAST MODIFIED: 12/29/2020
WELCOME! SOX, LLC (sometimes referred to herein as “SOXfence”, “SOX Erosion Solutions”, “we”, “our” and/or “us”) provides this website as an informational resource for you to find general information relating to our innovative, patented, bioengineered erosion control systems that mitigates risk due to shoreline and hillside erosion. The term “Website” shall mean and refer to landing page https://info.soxerosion.com/SOXfence, each of the pages comprising the Website and all information contained in the Website.
While SOXfence intends to use its reasonable efforts to include up‑to‑date and accurate information in the Website, SOXfence makes no representation, warranty or other assurance as to the accuracy, currency or completeness of any of the information contained in the Website, and as such, SOXfence shall not be liable for any damages, losses and/or injury arising from, relating to and/or otherwise resulting from (i) any access, use and/or interaction that you may have with the Website, (ii) any inability to visit, access and/or otherwise view the Website and/or (iii) any reliance that you may place on any information and/or Content (as such term is define in these Terms) contained and/or referenced in the Website.
Moreover, SOXfence, in its sole, absolute, and unfettered discretion, reserves the right to change, modify, add or remove portions of these Terms at any time and from time to time. It is your responsibility to check these Terms periodically for changes. Your direct and/or indirect use and/or interaction with the Website following the posting of changes to the Terms will mean that you accept and agree to such changes. So long as you strictly comply with these Terms, SOXfence hereby grants you a personal, non‑exclusive, non‑transferable, revocable, limited right to access and use the Website for the limited purposes expressly set forth in these Terms.
NOTWITHSTNADING ANYTHING IN THESE TERMS TO THE CONTRAY, PELASE BE ADVISED THAT SOXFENCE’S PRODUCTS AND/OR SERVICES ARE NOT INDENDED TO SERVE AS LIFE SAVING DEVICES/SOLUTIONS AND ARE SIMPLY INTENDED TO MITIGATE THE DESTRUCTIVE EFFECTS RESULTING FROM EROSION AND OTHER SIMIALR NATURAL EVENTS.
USE OF THE WEBSITE
The use of the Website is for your personal use only and may not be used for any commercial purposes whatsoever. Moreover, and without limiting the generality of the foregoing, your permission to use the Website is expressly conditioned on the agreement that you shall not (i) use the Website or any Content (as such term is defined below) in a manner that is inconsistent with applicable law and/or infringes on the Intellectual Property Rights (as such term is defined below) of the SOXfence and/or any other third party; (ii) interfere or attempt to interfere with the proper functioning of the Website, (iii) engage in automated use of the Website or take any action that we deem to impose or to potentially impose an unreasonable large load on the Website and/or (iv) use the Website or any Content which is prohibited by these Terms.
MODIFICATION OR SUSPENSION OF WEBSITE
You understand that SOXfence may at any time, and from time to time for any reason or no reason whatsoever, as determined in our sole, absolute and unfettered discretion, change, alter and/or otherwise modify any portion of the Content and/or suspend or discontinue all or any part of the operation of this Website without notice to you, and you acknowledge that there is no consequence or liability to SOXfence for doing so.
OWNERSHIP OF THE WEBSITE AND CONTENT
All right, title, and interest to the Content (as such term is defined below) displayed in the Website, which Content includes, but is not limited to, the look and feel of this Website; the data, information, text, graphics, images, sound or video materials displayed as part of this Website, including without limitation, and the designs, trademarks, service marks, trade names and URL of this Website, are the sole property of SOXfence and/or its licensors and/or other parties with whom SOXfence maintains a relationship.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all content available through the Website (the “Content”), including without limitation, all text, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, and any Content provided by registered members and/or other permitted third parties is and/or may be protected by trade dress, copyright, trademark, patent, and/or various other intellectual and other proprietary rights and laws (the “Intellectual Property Rights”). Except as otherwise expressly authorized by SOXfence in writing, which authorization may be withheld, delayed and/or conditioned in the sole, absolute and unfettered discretion of SOXfence, you expressly understand, acknowledge and agree that the Content may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner whatsoever (and regardless if any such activity and/or enterprise is pursued for gain, profit or other pecuniary advantage), except to the extent that such use is expressly authorized under United States copyright and other relevant laws.
Without limiting the generality of the foregoing, nothing contained in these Terms shall be construed as conferring any license or right (by implication, by estoppel or otherwise) to any of the Intellectual Property Rights of SOXfence or to any third party’s Intellectual Property Rights, except as expressly authorized by these Terms. Any and all rights and/or privileges not expressly provided to you under these Terms are expressly reserved, without limitation and/or qualification, to SOXfence.
SUGGESTIONS, RECOMMENDATIONS OR OTHER FEEDBACK
Notwithstanding anything in these Terms to the contrary, to the extent that you, for any reason whatsoever, contact SOXfence through any and all existing and/or future channels of communication to provide any suggestions, recommendations or other feedback (each, a “Contribution”) to SOXfence for any matter whatsoever, you expressly understand and agrees that (i) SOXfence is not under any obligation of confidentiality with respect to said Contributions; (ii) SOXfence may use or disclose (or choose not to use or disclose) said Contributions for any purpose and in any way; (iii) SOXfence shall be deemed to be the owner of said Contributions; and (iv) you are not entitled to any compensation or reimbursement of any kind from SOXfence under any circumstances for said Contributions. If SOXfence is not deemed to be the sole and exclusive owner of said Contributions, then to the maximum extent permitted by Law, you hereby grant to SOXfence an irrevocable, royalty-free, worldwide, transferable, sub-licensable and perpetual license to use or incorporate said Contributions into any products and/or services that SOXfence offers and/or may offer and/or any other Intellectual Property of SOXfence.
LINKS TO OTHER SITES
SYSTEM OUTAGES, SLOWDOWNS AND CAPACITY LIMITATIONS
Any computer system, service or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s or ours, can experience unanticipated outages, slowdowns and/or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations and other problems, you may, at times, experience difficulty accessing the Website or communicating with us through the internet or other electronic and wireless services. The Website may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond our control.
NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY:
SOXFENCE DOES NOT AND CANNOT PROVIDE ANY INVESTMENT, INSURANCE, TAX, LEGAL, ACCOUNTING AND/OR ANY OTHER FINANCIAL ADVICE.
THE SITE, AND THE CONTENT PROVIDED THEREIN, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TERMS, TO THE FULLEST EXTENT PERMITTERD BY APPLICABLE LAW, SOXFENCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE WEBSITE AND/OR ANY CONTENT CONTAINED THEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‑INFRINGEMENT.
SOXFENCE DOES NOT MAKE ANY REPRESENTION OR WARRANTY THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR‑FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SOXFENCE MAKES NO WARRANTIES AS TO THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY OR RELIABILITY OF ANY CONTENT OR OTHER INFORMATION OBTAINED THROUGH THE WEBSITE.
SOXFENCE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES RELATED THERETO AND/OR ARISING THEREFROM.
YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULTT THEREFROM, INCLUDING BUT NOT LIMITED TO, DAMAGES TO YOUR COMPUTER SYSTEM AND/OR NETWORK OR FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THROUGH THE SITE SHALL CREATE ANY IMPLIED WARRANTY.
The above disclaimers applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SOXFENCE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE ARISING FROM, RELATED TO AND/OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND/OR THE USE OF, OR THE INABILITY TO USE, ANY CONTENT ON THE WEBSITE. MOREOVER, YOU UNDERSTAND THAT YOUR SOLE REMEDY AGAINST SOXFENCE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF OUR AGREEMENT TO ALLOW YOU TO MAKE USE OF THIS WEBSITE AND WITHOUT WHICH THE WEBSITE AND ITS CONTENT WOULD BE UNAVAILABLE TO YOU.
As consideration for allowing you to access and use the Website, you expressly agree, upon demand thereof, to indemnify, defend and hold SOXfence and its respective directors, officer, employees, agents, suppliers, subsidiaries, parents, and affiliates, harmless from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation arising from, related to and resulting from or in any way connected with (i) your use of the Website; (ii) your breach of these Terms and/or (iii) your violation of the rights of any third party.
LIMITATIONS OF ACTIONS BROUGHT AGAINST SOXFENCE
Any claim or cause of action alleged by you as arising out of your use of this Website or pursuant to these Terms must be filed by you no later than six (6) months after you obtained actual, implied and/or constructive notice of the alleged claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
The information communicated on this Website constitutes an electronic communication. When you communicate with SOXfence through the Website or via other forms of electronic media, such as e-mail, you are communicating with SOXfence electronically. You acknowledge that SOXfence may communicate with you electronically and that any such communication, as well as, any notices, disclosures, agreements or other communications that SOXfence provides to you electronically, are equivalent to communications between you and SOXfence in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
APPLICABLE LAW; VENUE
These Terms and the resolution of any dispute related to them and/or the Website shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any legal action or proceeding between SOXfence and you related to these Term must be brought exclusively in a federal or state court of competent jurisdiction sitting in Palm Beach County, Florida and you agree to submit to the personal and exclusive jurisdiction of such courts.
These Terms constitutes the entire agreement between you and SOXfence with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and the Website with respect to such use are hereby superseded and cancelled.
The failure of SOXfence to insist on or enforce strict performance of these Terms shall not be construed as a waiver by SOXfence of any provision or any right it has to enforce any provision of these Terms nor shall any course of conduct between SOXfence and you or any other party be deemed to modify any provision of these Terms.
NO THIRD-PARTY BENEFICIARIES
Nothing in these Terms shall be interpreted or shall be construed to confer any rights or remedies on any third parties, other that you and SOXfence.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
SOXfence asks the users of this Website to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, SOXfence has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that a work of yours has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent of SOXfence with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Copyright Agent for SOXfence of claims of copyright infringement on its Website can be reached by telephone at 1-561-501-0057 or email at firstname.lastname@example.org
Upon receipt of the written notification containing the information as outlined in 1 through 6 above, SOXfence will review the written notification with it legal counsel and will take such action as it, in the exercise of its sole discretion, deems appropriate which may include, but may not be limited to: (i) removing or disabling access to the material that is alleged to be infringing; (ii) forwarding the notification to such alleged infringer (“Subscriber”); or (iii) notify the Subscriber that it has removed or disabled access to the material.