Terms of Service

Introduction

Welcome to Cabana Miami. These Terms of Service ("Terms") govern your use of our website, products, and services. By accessing or using our website, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the website or use our services.

Use of Our Website

By using our website, you warrant that you are at least 18 years of age and that you have the legal capacity to enter into binding agreements. You agree to use the website only for lawful purposes and in accordance with these Terms.

You agree not to:

• Use the website in any way that could disable, overburden, damage, or impair the site
• Use any robot, spider, or other automatic device to access the website
• Introduce any viruses, trojan horses, worms, or other harmful material
• Attempt to gain unauthorized access to any part of the website
• Interfere with the proper working of the website

Products and Services

All products and services are subject to availability. We reserve the right to discontinue any product or service at any time. Prices for our products are subject to change without notice.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion.

Orders and Payments

When you place an order with us, you are making an offer to purchase our products. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to:

• Product availability
• Errors in product or pricing information
• Errors in your order
• Suspected fraudulent activity

Payment must be received prior to the acceptance of an order. We accept various forms of payment, including major credit cards. By submitting your payment information, you represent and warrant that you have the legal right to use any payment method(s) you provide.

Shipping and Delivery

Shipping and delivery terms are set forth in our Shipping & Delivery Policy, which is incorporated into these Terms by reference.

We are not liable for any delays, damages, or losses that may occur during shipping. Risk of loss and title for items purchased from our website pass to you upon delivery of the items to the carrier.

Returns and Refunds

Our return and refund policies are set forth in our Returns & Exchanges Policy, which is incorporated into these Terms by reference.

Intellectual Property

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Cabana Miami, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent.

Disclaimer of Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

Limitation of Liability

IN NO EVENT WILL CABANA MIAMI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless Cabana Miami, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website.

Governing Law

These Terms and your use of the website will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Miami-Dade County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Changes to Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them.

Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.