Thank you for your interest in the Santa Maria website (https://santas-maria.webflow.io/) provided to you by Santa Maria (“Sponsor”), as well as all related web sites, networks, downloadable software, and other software, products and services provided by us and on which a link to these Terms of Use is displayed (collectively, our “Service”). This Terms of Use, along with the Santa Maria Privacy Policy and any other applicable policies, as may be updated from time to time, govern your use of the Service. This Terms of Use is a legally binding contract between you and Sponsor regarding your use of the Service. You may request a copy of this Terms of Use by submitting a form here: TOS Contact.

Certain aspects of the Service may be provided by one or more third parties. Such third parties may have their own policies and end user license agreements (collectively, “Third Party Policies and EULAs”) that apply to your use of the Service. Nothing in this Terms of Use is intended to modify or limit such Third Party Policies and EULAs. This Terms of Use only applies to the Service to Sponsor.

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.

You acknowledge and agree that, as provided in greater detail in the Terms of Use:

• Your use of the Service may be subject to separate third party terms of use/service and fees;

• You consent to the collection and use of your personally identifiable information and information about your location in accordance with the Santa Maria Privacy Policy and the privacy policies of third parties;

• The Service is provided “as is” without warranties of any kind and Sponsor’s liability to you is limited;

• Disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THIS TERMS OF USE, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

• By creating an account on our service or otherwise accessing, contributing or activating content on the Service, you agree to subscribe to newsletters, marketing, promotional or sponsored materials and other information we may send, inclusive of email and SMS/text messaging.

1. User Content

1.1 User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, data, and text (collectively, “User Content”).

1.2 Limited License Grant. By posting or publishing User Content, you grant Sponsor a perpetual, worldwide, non-exclusive, royalty-free right and license to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content.

1.3 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing it. You guarantee you are 18 years of age or older.

2. Third Party Services and Linked Websites

Sponsor may provide tools through the Service that enable you to export information to third party services (such as Twitter or Facebook). Such third party services are not under Sponsor’s control, and Sponsor is not responsible for their use of your exported information.

3. Termination of Use

If you violate any provision of this Terms of Use, your permission to use the Service will terminate automatically. Sponsor reserves the right to modify or discontinue the Service at any time without notice to you.

4. Feedback

If you provide feedback to Sponsor regarding the Service (“Feedback”), you authorize Sponsor to use that Feedback without restriction and without payment to you.

5. Privacy Policy; Additional Terms

5.1 Privacy Policy. Please read the Santa Maria Privacy Policy carefully for information relating to Sponsor’s collection, use, storage and disclosure of your personal information.

6. Ownership; Proprietary Rights

The Service is owned and operated by Sponsor. All visual interfaces, graphics, design, compilation, information, and data (the “Materials”) are the property of Sponsor or our third party licensors.

7. Indemnity

You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Sponsor from and against any and all claims, liabilities, damages, losses, and expenses arising out of your use of the Service or violation of these Terms.

8. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICE.

9. Limitation of Liability

IN NO EVENT WILL THE SPONSOR ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE AGGREGATE LIABILITY OF THE SPONSOR ENTITIES TO YOU IS LIMITED TO THE GREATER OF AMOUNTS PAID BY YOU TO SPONSOR IN THE PRIOR TWELVE MONTHS OR $100.

10. SMS / Text Messaging

Santa Maria may use SMS/text messaging to communicate with you regarding appointments, service updates, reminders, and promotions. You may opt out at any time by replying “STOP”. Message and data rates may apply. Santa Maria does not share mobile phone numbers or SMS opt-in data with third parties for marketing purposes.

11. Governing Law

This Terms of Use is governed by the laws of the State of Florida. Any legal action shall be litigated within the state or federal courts located in Florida.

12. Dispute Resolution and Arbitration

In the interest of resolving disputes in the most expedient manner, you and Sponsor agree that any and all disputes arising in connection with this Terms of Use will be resolved by binding arbitration administered by the American Arbitration Association (AAA). YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

13. Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy.

14. Contact Information

The services hereunder are offered by Sponsor. You may contact us by submitting a form here: TOS Contact.