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Terms of Use

THE ARTS AMBASSADORS LLC d/b/a JUST OUTSIDE YOUR DOOR

TERMS OF USE

 

            Welcome to THE ARTS AMBASSADORS LLC d/b/a JUST OUTSIDE YOUR DOOR (“JustOutsideYourDoor.com”, “Just Outside Your Door”, “we”, “us” or “our”), the Terms of Use (“Terms”) contained herein govern, home consumers, music and event venues and professionals, arts organizations, and other supporters (“you” or “your”), collectively referred to as the Parties (“Parties”), use of this website, and supersedes any and all prior agreements, written or oral, between you and Just Outside Your Door regarding the subject matter of this website (including, without limitation, any prior versions of these Terms). Your use of our website, JustOutsideYourDoor.com, is conditioned on your acceptance without modification of the terms, conditions and notices contained in these Terms and our Privacy Policy. By accessing, browsing, and using this website, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated here. If you do not agree to be bound by these Terms, do not use or access our website or any services. These Terms are subject to change at any time. We will update the date of the last update to this Agreement and your continued use of this website reflects your acceptances of any new terms or conditions. If there is a conflict between these Terms and the Privacy Policy, the Privacy Policy supersedes any conflicting terms in these Terms with respect to the subject matter covered by the Privacy Policy.

What Is Just Outside Your Door?   

            Just Outside Your Door is a local community event finder service who believes the Arts are crucial to the betterment of society on a local, national, and global scale. It is the mission of Just Outside Your Door to elevate the overall experience of those local to or visiting the local Jacksonville area while simultaneously encouraging the entire community to “do more” and be more active in the community. Combining all types of events held by both not-for-profit and for-profit organizations alike, Just Outside Your Door seeks to encourage those in the area or visiting the area to get out in the community, engage those around them, and enjoy local events of interest to them. By promoting events of not-for-profit organizations FREE OF CHARGE, Just Outside Your Door aims to signal boost the many not-for-profit events available to the residents and visitors of the First Coast right alongside the more well-known events held by for-profit organizations such as the Jacksonville Jaguars and Jacksonville Symphony Orchestra in order to make it as easy as possible for everyone to do more and be more active in their community.

Services Provided

            Just Outside Your Door connects home consumers and members of the community to various events and happenings in the Jacksonville and First Coast area through the use of our online service. Our services offered to members of the community and visitors of our website informing them of local events and the details of those events are the “Services”.   Services are provided free of charge to users of JustOutsideYourDoor.com. When users visit JustOutsideYourDoor.com, they have access to the calendar of events showing the various local events happening that day and occurring as far out as event information has been provided.  Our website also provides a breakdown of events by category such as: the Arts, Music, Museum, Food & Beverage, Sports, Recreation, Special, Educational, and Free Events; however, you are under no obligation to Just Outside Your Door to attend any events listed. Just Outside Your Door does not broker transactions or have any involvement in the actual events taking place other than informing the community of the events taking place around them on specific dates. The terms of any agreement between our participating not-for-profit and/or for-profit organizations and members of the community are not endorsed, recommended or otherwise known to or by Just Outside Your Door.

Privacy

            We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.  By accessing JustOutsideYourDoor.com, you are consenting to the information collection and use practices described in the Privacy Policy.

Communications

            You expressly consent to being contacted by us, the not-for-profit and/or for-profit organizations holding the various events, and/or other entities related to the events being advertised on the Just Outside Your Door calendar via the contact information provided by you on our contact form, or that you later provide to us or enter into our contact page, so that we may provide the Services set forth on our website; and you acknowledge and hereby consent to any and all forms of communication, including telemarketing messages, E-Mail, landline phone calls, fax, cellular phone and/or MMS/SMS/text messages, even if your phone number is on any Do Not Call list.

            You may revoke your consent to receive communications at any time by replying “stop” to any of our texts, or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out but reply “stop” will automatically revoke your consent to further text communications, and we recommend that method. We may take up to 30 days to stop communications if you use a method other than the automatic reply “stop.” You consent to receive a final text message confirming your opt-out. You may revoke your consent to receive email communications by using the “unsubscribe” link in an email or on the website or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out of email, but “unsubscribe” will automatically revoke your consent to further email communications, and we recommend that method. we may take up to 30 days to stop email communications if you use a method other than “unsubscribe”. The “unsubscribe” link will also permit you to stop text communications.

            You may opt in or out from being featured on social media platforms as a Just Outside Your Door user and, during the course of your use of the Services, you may contact Just Outside Your Door with any questions or concerns.

            You acknowledge that how often we send you communications will vary, because the individual not-for-profit or for-profit organization holding or facilitating the event who communicates with you will determine it.

            You acknowledge that no purchase is necessary from Just Outside Your Door and that agreeing to these communications is not a condition of using any services provided by us.

Responsibilities of Users of JustOutsideYourDoor.com

            In using our Services as a private consumer, you warrant and agree as follows:

            You are of legal age (18 years old) and are otherwise capable of forming a legally binding contract.

            You promise that all information you provide will be accurate, current, and truthful to the best of your knowledge including valid contact information.

            You are the account holder for the email addresses and phone numbers you provide, or you have authorization from the account holder to give this consent.  If you release your email addresses and phone numbers to another person or individual, you will notify us.

            You are interested in gathering information on and/or attending events local to the Jacksonville and First Coast community.

            You acknowledge that Just Outside Your Door does not facilitate or organize any of the listed events nor does it have any control over rescheduling or cancelling of any events and is not an agent of you, or any participating not-for-profit or for-profit organization advertising events on the site.

            You acknowledge that Just Outside Your Door makes no such representations, endorsements, recommendations and/or warranties of the products of any particular not-for-profit or for-profit organization that may use Just Outside Your Door Services and advertise on JustOutsideYourDoor.com as Just Outside Your Door has no direct affiliations to any other organizations other than Arts Ambassadors, LLC, and you agree that Just Outside Your Door shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services.

            You acknowledge that nothing on the JustOutsideYourDoor.com website contains a binding offer, promise or otherwise, regarding any of the events listed on the website as Just Outside Your Door. Likewise, Just Outside Your Door does not guarantee the events listed on the website and does not guarantee that the events listed will take place at the place or time stated as the events are fully controlled by those organizations facilitating or holding the specific event. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for any of the events to take place at the time or location listed or regarding any other details of the events.

            You are not obligated to purchase tickets or attend any events listed on JustOutsideYourDoor.com by any of the not-for-profit or for-profit organizations.

            You acknowledge that posted ratings and reviews from users of our Services might not reflect the actual quality of service that you may receive from participating organizations and/or event coordinators. Just Outside Your Door disclaims any liability arising from and the accuracy of any third-party ratings and reviews.

            You acknowledge that Just Outside Your Door does not review or verify the information, offers, profile, or promotions that are self-reported by our participating organizations and Just Outside Your Door does not make representations or warrants that our participating organizations are appropriately licensed, bankruptcy free, or carry any adequate and appropriate insurance at the time initial, presently, or thereafter the registration and/or event. You should independently use all appropriate government, public, consumer and other agencies or sources to verify all matters.

Copyright and Other Intellectual Property Rights

            All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Just Outside Your Door, its affiliated companies or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of Just Outside Your Door and protected by U.S. and international copyright laws. All software used on this website is the property of Just Outside Your Door, its affiliated entities or its software suppliers and protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to Just Outside Your Door, or affiliated companies and/or third-party licensors. We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services. Except as expressly provided in these Terms, the provision of the Services and the furnishing of such web pages does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Personal and Non-Commercial Use Limitation

            The content and Services provided on this website are provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the website. You may not modify, copy, reproduce, display, perform, create derivative works from, republish, upload, post, transmit, distribute, and/or exploit any intellectual property from this website or related Services in any way (including by e-mail or other electronic means) without our express prior written consent. You agree that you will not use this website or the Services for any purpose that is unlawful or contrary to these Terms. You may not use this website or Services in any manner that could damage, disable, overburden, or impair this website or the Services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with this website or the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website or the Services.

Links to Third Parties

            This website may contain links to websites maintained by third parties. Please be aware that these links are provided for your convenience and reference only. Just Outside Your Door does not operate or control in any respect any information, software, product or services available on such websites. JustOutsideYourDoor.com’s inclusion of a link to a website does not in any way imply an endorsement of the services or the website, its contents, or its sponsoring organization.

No Warranties

            WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR SUPPLIERS, AND OUR PARTICIPATING NOT-FOR-PROFIT AND FOR-PROFIT ORGANIZATIONS PROVIDE OUR WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. USE OF JUSTOUTSIDEYOURDOOR.COM’S SERVICES IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR PARTICIPATING NOT-FOR-PROFIT AND FOR-PROFIT ORGANIZATIONS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (2) ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS PROVIDED THROUGH THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE BY THE USE OF THIS WEBSITE OR SERVICES WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JUSTOUTSIDEYOURDOOR.COM, AND/OR ITS AFFILIATED COMPANIES, ITS SUPPLIERS, AND PARTICIPATING NOT-FOR-PROFIT AND FOR-PROFIT ORGANIZATIONS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation of Liability

            IN NO EVENT SHALL JUST OUTSIDE YOUR DOOR, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATED COMPANIES AND/OR OUR SUPPLIERS, PARTICIPATING ORGANIZATIONS, BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS WEBSITE OR WITH ANY DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL JUSTOUTSIDEYOURDOOR.COM BE LIABLE FOR ANY AMOUNT GREATER THAN $100.

Indemnity

You agree to defend, indemnify and hold us and (as applicable) our officers, directors, agents, and employees and/or our suppliers, and participating organizations, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Mediation/Arbitration Dispute Resolution

                 MEDIATION.  In the event of a dispute regarding your obligation hereunder, you shall, no less than ninety (90) days prior to the initiation of litigation relating to any such dispute, engage in pre-suit mediation.  Unless we mutually agree otherwise in writing, the said pre-suit mediation shall be in accordance with the Mediation Rules of the American Arbitration Association currently in effect.  Request for mediation shall be filed in writing with the other party to the Contract.  The mediation shall be held in Duval County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.        

           ARBITRATION.  You and we agree that all disputes, claims and controversies between us whether individual, joint or class in nature, arising from this Terms of Use or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the Florida Arbitration Act in effect at the time the claim is filed, upon request of either party.   Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Terms of Use shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Florida Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. 

             ATTORNEY FEES AND COSTS. In the event of any legal action or other proceeding arising under this Terms of Use or a dispute regarding any alleged breach, default, claim, or misrepresentation arising out of this Terms of Use, whether or not a lawsuit is filed, Just Outside Your Door shall be entitled to recover its reasonable attorneys’ fees, whether incurred before suit, in mediation, in arbitration, during suit, or in any appeal of such legal action or enforcement of any judgment obtained. Just Outside Your Door shall also be entitled to recover any attorneys’ fees incurred in litigating the entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of attorneys’ fees and costs due to that party, and those fees incurred in any appeals and in execution on any judgments obtained.

            The costs that Just Outside Your Door shall be entitled to recover shall include all costs taxable pursuant to any applicable statute, rule, or guideline, including, but not limited to the Statewide Uniform Guidelines for Taxation of Costs, as well as costs deemed not taxable pursuant to those Statewide Uniform Guidelines. Such recoverable costs specifically include, but are not limited to: (1) costs of investigation; (2) costs of copying documents and other materials, whether for discovery, litigation, internal review, or other purpose; (3) costs of electronic discovery, including, but not limited to, upload and storage costs; (4) electronic research service charges; (5) telephone charges; (6) mailing, commercial delivery services, and courier charges; (7) travel expenses, whether for investigation, deposition, hearings, trial, or any other purpose; (8) information technology support charges; (9) any and all consultant and expert witness fees, whether or not incurred in connection with reports, depositions, hearings, or trial; (10) court reporter and transcript fees, whether for deposition, trial, evidentiary or non-evidentiary hearings, or other purposes; (11) mediation charges and mediator fees.

            WAIVER OF JURY TRIAL.  HOME CONSUMERS AND ALL OTHER USERS, HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS TERMS OF USE AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE SELLER AND/OR BUYER ENTERING INTO THIS AGREEMENT.

License

            Just Outside Your Door grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of Just Outside Your Door. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Just Outside Your Door.

General

This agreement is governed by the laws of the State of Florida, USA, and controlling U.S. Federal Law. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods/Services will not apply to any dispute under the Terms. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Duval County, Florida, USA in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Just Outside Your Door as a result of this agreement or use of this website. Just Outside Your Door performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Just Outside Your Door’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Just Outside Your Door with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Just Outside Your Door with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Just Outside Your Door with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Consent to Future Changes

               You agree that we may change the website, these Terms of Use, and our Privacy Policy at any time. If we change these Terms of Use or some part of them, they will become effective immediately on posting of the updated or revised Privacy Policy on this web page regardless of whether or not you have actual notice of the changes. You should review our Terms of Use and Privacy Policy periodically for changes. Additionally, you agree that any use of the website following our publication of any changes to these Terms of Use or Privacy Policy will expressly reaffirm your express written consent to the Terms of Use, and acceptance of the changes. Should you wish to opt-out of such future changes, you must communicate your request to opt-out to us in writing, either by email at JustOutsideYourDoor.com or at this address: Just Outside Your Door, 7643 Gate Parkway, Suite 104-1115, Jacksonville, FL 32256. The opt-out shall be effective 10 days after receipt. In the event you opt-out, our agreement will continue to be governed by the Terms of Use in effect at the time you originally submitted your information, or at the time of the last update to which you did not opt-out.

 

Effective Date: December 12, 2022