Terms of Use | Blindish

Please read the following (these “Terms of Use”) relating to your use of the Blindish in Miami services, which are comprised of various webpages, electronic newsletters, and emails (collectively, our “Media”) all of which are operated and owned by Blindish in Miami LLC (“Blindish in Miami”). By accessing or use of our Media, you are deemed to have agreed to and accepted all the terms and conditions in these Terms of Use. Blindish in Miami reserves the right to modify these Terms of Use at any time without notice to you. You should check these Terms of Use periodically for changes. By using our Media after the posting of any changes to this Terms of Use, you agree to such changes, and acknowledge that you have reviewed them. If at any time you choose not to accept these Terms of Use, please do not access or otherwise use our Media.

Description of Blindish in Miami

Blindish in Miami is an awareness and advocacy platform created to share personal experiences of living with Usher syndrome and other disabilities, as well as to provide resources, educational content, and community connections. The purpose of this site and its related social media channels is to increase understanding of Usher syndrome, progressive vision and hearing loss, and disability more broadly.

The content featured here includes personal stories, blog posts, curated resources, and information about related organizations. Blindish in Miami does not provide medical advice, diagnosis, or treatment, nor is it a substitute for professional medical, legal, or financial guidance. Any opinions expressed on this site or through its media channels are personal in nature and intended for awareness and informational purposes only.

Links

These Terms of Use apply only to Blindish in Miami and our Media, and not to any other site, service, or company. Our Media may contain links to other websites. Such websites are not under the control of Blindish in Miami and Blindish in Miami is not responsible for the availability of any such website to which our Media may link. Blindish in Miami does not endorse or take responsibility for the content, advertising, products or other materials made available through any other website. Under no circumstances will Blindish in Miami be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any other website. You should direct any concerns to that website’s administrator or webmaster.

Phone Messages Terms
By subscribing to our messaging services, you agree to receive communications from us, including:

· Promotional Messages – Special offers, discounts, and exclusive deals.

· Informational Messages – Important updates, notifications, and service-related communications.

· Marketing Content – News, recommendations, and product announcements.

Message Frequency: Messages may be sent on a weekly basis.

Message & Data Rates: Standard message and data rates may apply as determined by your mobile carrier.

Opt-Out Instructions: To stop receiving messages, reply STOP to 305-907-7071. Once processed, you will no longer receive further messages from us.

Help & Support: For assistance, reply HELP to 305-907-7071 or contact our support team.

Submission of Content

Blindish in Miami does not claim ownership in or to any of the content you provide to us or our Media. However, by posting or otherwise submitting content of any type to Blindish in Miami or our Media, you grant (or warrant that the owner of such rights has expressly granted) Blindish in Miami a perpetual, nonexclusive, world-wide, royalty free license to use such content in any way in connection with Blindish in Miami and our Media, including the ability to use, copy, display, distribute, transmit, modify, edit, reformat, and reproduce such content, including any questions, comments, and postings, in their original or edited form, in articles, commentaries, or in any other medium now known or later developed. You also warrant that any “moral rights” in posted or otherwise submitted materials have been waived. You acknowledge that neither you nor anyone else is entitled to any compensation for such use or display.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of our Media, any content displayed on our Media, the use of our Media, or access to our Media, or any other property of Blindish in Miami.

Termination

Blindish in Miami may terminate, modify, or temporarily discontinue all or any part of our Media at any time. You agree that Blindish in Miami will not be liable for any termination, modification, or temporary discontinuance of any of our Media.

Blindish in Miami reserves the right to terminate your access to all or any part of our Media at any time without notice for any reason whatsoever. Upon any such termination all right to access the Site and the Service shall be terminated and your account will be deactivated.

Blindish in Miami respects the intellectual property rights of others and requires that anyone who uses our Media do the same. In appropriate circumstances, Blindish in Miami will terminate the registration of any subscriber who is responsible for repeat acts of copyright infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Blindish in Miami’s designated copyright agent. If you believe that materials posted to or included in our Media have been copied in any way that constitutes copyright infringement, please provide the information requested below. Please note that this procedure is exclusively for notifying Blindish in Miami that copyrighted materials have been infringed. Accordingly, all other inquiries will not receive a response. When providing notice, please provide the following information:

· An electronic or physical signature of the person authorized to act on behalf of the copyrighted work that you believe is being infringed;

· A description of the copyrighted work you claim has been infringed;

· A description of where the allegedly infringed work is located on or in our Media;

· Your name, address, and e-mail address;

· A statement by you about why you believe in good faith that the use of the copyrighted material is not authorized by the copyright owner, its agent, or by law.

The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is Samantha Murphy, 6800 SW 40th St #399, Miami, FL 33155.

Disclaimers

YOU AGREE THAT USE OF OUR MEDIA IS ENTIRELY AT YOUR OWN RISK. BLINDISH IN MIAMI AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND LICENSEES MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES (A) AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF (1) ANY CONTENT CONTAINED ON OR IN OUR MEDIA, INCLUDING WITHOUT LIMITATION, THE CONTENT IN THE ELECTRONIC NEWSLETTERS, (2) ANY THIRD PARTY WEBSITE OR INFORMATION ACCESSED THROUGH OUR MEDIA, OR (3) ANY THIRD PARTY INFORMATION, PRODUCTS OR SERVICES APPEARING ON OR IN OUR MEDIA, OR (B) OTHERWISE. BLINDISH IN MIAMI DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTY PROVIDERS. BLINDISH IN MIAMI IS NOT A PARTY TO ANY TRANSACTION BETWEEN SUBSCRIBERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, OUR MEDIA AND THE CONTENT CONTAINED THEREIN IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

BLINDISH IN MIAMI DOES NOT WARRANT OR REPRESENT THAT CONTENT MADE AVAILABLE IN OUR MEDIA IS SUITABLE FOR CHILDREN UNDER 18 AND, THEREFORE, BLINDISH IN MIAMI STRONGLY RECOMMENDS THAT YOU MONITOR YOUR CHILD’S USE OF OUR MEDIA.

Limitation of Liability

BLINDISH IN MIAMI AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND LICENSEES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, INABILITY TO GAIN ACCESS TO OR USE THE SERVICE, LOSS OF DATA, INCOME OR PROFITS), REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS OR SOLD OR RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH OUR MEDIA, OR ANY LINKS ON OUR MEDIA. AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR MEDIA OR ANY LINKS ON OUR MEDIA. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY BLINDISH IN MIAMI AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, AND LICENSEES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF AMOUNT PAID BY YOU TO BLINDISH IN MIAMI, IF ANY, AND ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE COMMUNICATION SERVICE IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT BLINDISH IN MIAMI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES REGARDING YOUR USE OF THE SERVICE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR MEDIA, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR MEDIA.

Disclaimer – No Personal or Medical Advice

The content shared on this website and associated social media accounts is based on my personal experiences living with Usher syndrome and related vision and hearing issues. I am not a doctor, medical professional, or researcher, and nothing here should be taken as medical advice.

Any stories, tips, or resources I share are intended solely for informational and awareness purposes. I am not encouraging anyone to follow my personal choices, treatments, or lifestyle adaptations. This content may not reflect typical experiences, and it does not replace professional care.

The information contained in or made available through Blindish in Miami (including, but not limited to, our website, blog, social media, and newsletters) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical, financial, or legal matters. Neither Blindish in Miami nor any of its contributors make any representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided. Blindish in Miami shall not be liable whatsoever in connection with any such information, including without limitation any damages arising from reliance on or use of such information.

For medical guidance, diagnosis, or treatment

Indemnification

You agree to defend, indemnify and hold Blindish in Miami and its respective licensors, representatives, officers, directors, and employees harmless from all liabilities, claims, costs, and expenses, including attorneys’ fees that related to or arise out of in any way to your, or that of anyone using your password’s, use of our Media, your posting, downloading or transmission of all content, or from your violation of applicable law or these Terms of Use.

Proprietary Rights

All other rights, title and interest in names, terms, logos, slogans, images and other indicia identifying Blindish in Miami’s Media and services mentioned herein are proprietary marks belonging to Blindish in Miami. The names of any companies and products not owned by Blindish in Miami and mentioned herein may be the trademarks of their respective owners. Any use of the trademarks belonging to Blindish in Miami, or any third party, without the express written permission of the respective trademark owner is strictly prohibited. Any rights not expressly granted herein are reserved.

Blindish in Miami is committed to protecting your privacy and security and has explained in detail the steps taken to do so. Please read the Privacy Policy for more information on how we collect and use user information. The Privacy Policy can be accessed by clicking the Privacy Policy link on the Site at www.BlindishInMiami.com.

Governing Law

These terms will be governed by and construed in accordance with the internal laws of the State of Florida, United States of America. Accordingly, the laws of the State of Florida, USA, will be used exclusively to construe, govern, and enforce these terms, excluding all conflict of laws rules that would lead to the application of any other laws. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the Florida State Courts or in U.S. Federal Courts in the Southern District of Florida, in each case sitting in Miami-Dade County, Florida, USA.

Injunctive Relief

In the event you breach or threaten breach of these Terms of Use, you acknowledge and agree that Blindish in Miami will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Blindish in Miami may apply to any court of competent jurisdiction in the United States or any other jurisdiction accepting jurisdiction under this specific provision, who, notwithstanding the Governing Law provision, will apply the laws of its own jurisdiction in determining whether Blindish in Miami will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Blindish in Miami’s rights to relief in either law or equity.

Disclosure

You acknowledge and agree that Blindish in Miami has the right to monitor its Media from time to time and to disclose any information, including your personal information, as necessary or appropriate to satisfy any law, regulation or other governmental request, or to protect itself or its subscribers. You acknowledge that Blindish in Miami will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Blindish in Miami will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

Miscellaneous

If any of these Terms or Use is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms of Use, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement relating to the subject matter it contains. As indicated above, these Terms of Use may be modified only by our posting of changes to these Terms of Use. Failure to enforce, or any delay in enforcing, any portion of these Terms of Use in any instance does not amount to a waiver of the right to enforce such portion in the future. Any inquiries concerning these Terms of Use should be directed to info@blindishinmiami.com. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.