2. HEADINGS The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
3. NO WARRANTY ALL CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES FOR ACCURACY, ADEQUACY OR COMPLETENESS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, OR THAT CONTENT WILL BE UNINTERRUPTED, OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER MALICIOUS ACTIVITIES.
4. LIMITATION OF LIABILITY IN NO EVENT WILL THE SITE ADMINISTRATOR BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, TIMELINESS OR OTHER INTANGIBLE LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE REGARDLESS OF WHETHER SUCH LOSSES WHERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE. You are responsible for seeking the advice of professionals, as appropriate, regarding the information or content available as part of this site.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
THIS SITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. If you decide to leave our site and access third party sites, you do so at your own risk.
5. INDEMNIFICATION You agree to indemnify, defend, and hold harmless the site administrator from and against all losses or suits, expenses, damages and costs, including without limitation reasonable attorneys fees and/or other professional services arising out of the use of this site by you or any breach by you in this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without our written consent.
6. INTELLECTUAL PROPERTY The elements of the site including, but not limited to, text, images, logos, icons, graphics, animation, videos, interactive features, archived content, underlying code and other materials are protected by United States and international copyright and are the property of this site.
We respect the Intellectual Property of others and are committed to complying with U.S. copyright and related laws. Our current Digital Millennium Copyright Act Notice is incorporated herein by reference and made part of this Agreement.
7. PROPRIETARY RIGHTS The copyright in all materials provided on the site are owned by this site. Except as stated herein, none of the material contained in the site may be sold, copied, reproduced, distributed, create derivative works from, republished, downloaded, publicly display, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of the site administrator. However permission is hereby granted to view, copy, print and download the materials on the site for personal, noncommercial use only, provided such materials are used solely for informational purposes.
Other trademarks, service marks, product names and company names or logos on this site are the property of their respective owners therefore trademarks, service marks, product names and company names or logos appearing on this site that are not owned by us may not be used without express permission from their owners.
8. SUBMISSIONS While we appreciate your communications, we cannot guarantee that we will respond to your messages. When you submit information to this site including any text, photographs or video you agree that (a) any recommendations for improvements or features for the site resulting in implementation of that recommendation or feature then that recommendation or feature is owned by us and may become part of our site without compensation and (b) that at our discretion we may or may not credit you as a contributor of any text, photographs or videos you may have submitted for this site that has been or will be published on this site and (c) by submitting said information, to grant us a perpetual, royalty-free, license to use, reproduce, modify, publish, make available to the public and/or to incorporate your submission in any media now known or later developed.
9. CHANGES The site administrator has sole and absolute discretion to modify, suspend or discontinue, temporarily or permanently, the site or any features or portions thereof without prior notice for reasons which need not be disclosed. You agree that the site administrator will not be liable for any modification, suspension or discontinuance of the site or any part thereof.
10. FORCE MAJEURE No party will be responsible for any delay or failure to perform under this Agreement due to force majeure events (e.g. natural disasters; terrorist activities, activities of third party service providers, unavailability of utilities and acts of government) and acts beyond a party's reasonable control, but only for so long as those conditions persist.
11. NO AGENCY This Agreement controls the relationship between this site and you. It does not create any third party beneficiary rights. At all times, you and us are independent contractors, and are not the agents or representatives of the other. This Agreement is not intended to create a joint venture or partnership relationship between you or us. HeatherWalk.com and Heather Walk Condominium Incorporated, (collectively "party") are separate entities. Neither party controlls the other and nothing herein or otherwise shall be construed to make either party in control of the other party and neither party shall have any power to obligate or bind the other party. You must not represent to anyone that you are an agent of this site or is otherwise authorized to bind or commit this site in any way without our prior written authorization. Non-parties do not benefit from and cannot enforce this Agreement.
12. WAIVER and SEVERABILITY If in any circumstance, we do not apply or enforce any provision of this Agreement, it is not a waiver of that provision. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, then (a) in that jurisdiction it shall be reconstrued to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of this Agreement shall remain in full force and effect, and (b) in every other jurisdiction, all of this Agreement shall remain in full force and effect.
13. LEGAL EQUIVALENCY This electronic document and any other electronic disclosures & disclaimers incorporated herein will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
14. NOTICE Except as stated herein, any notice required to be given under this Agreement shall be in writing and sent by electronic mail to this address: email@example.com, Attention General Counsel. Inquiries not relevant to this Agreement will receive no response. When we communicate by email, we may use any email address you provided when communicating with us so only supply to us an email address at which you are willing to receive all communications, including "legal" or other potentially sensitive communications. All communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing. We also reserve the right to communicate non-electronically and to require you to do so.
15. RESOLVING A DISPUTE For any dispute under this Agreement, you agree to contact us by providing written notice as to the nature of your dispute and attempt to resolve disputes informally first. You agree to negotiate with us for no less than 30 days prior to seeking an alternative method of dispute resolution. If a settlement cannot be reached within the 30 day period, each side ("You" and "We") agree to try in good faith to settle the dispute by mediation in Lake County, Florida, in accordance with the regulations of the American Arbitration Association. The mediator shall be mutually agreeded upon by both sides. The mediator can resolve only your and/or our individual claims, and the mediator shall have no authority to entertain or mediate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated. Both sides agree not to file a complaint with any court until the above methods of dispute resolution have been exhausted.
17. GOVERNING LAW Use of this site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Florida, without regard for its conflicts of law provisions. For any claims not subject to mediation pursuant to this agreement you agree to (a) submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Lake County, Florida, U.S.A., for the resolution of all disputes and (b) to irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding and (c) to waive any objection as to inconvenient forum and (d) to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule. (e) Notwithstanding the foregoing, you agree that we shall still be allowed to apply for injunctive remedies, preliminary or permanent (or an equivalent type of urgent legal relief) in any jurisdiction and (f) to indemnify us for our costs in bringing such an action and (g) you waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief. (h) You understand that you are giving up valuable legal rights under these provisions, including the right to trial by jury, and that you voluntarily and knowingly waive those rights.
18. NO INJUNCTIVE RELIEF In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this site.
19. IN ADDITION (1) Some pages on this site are subject to additional disclosures & disclaimers. Should a conflict arise, such additional disclosures & disclaimers will prevail over this Agreement. (2) This Agreement will inure to the benefit of our successors and assigns. (3) No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this Agreement. (4) This website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is compatible. (5) We may assign this Agreement at any time without restriction. You may not assign any rights to any other person. Any attempted assignment of this Agreement without our prior written consent will be null and void ab initio. (6) We shall be entitled to recover reasonable attorney's fees in the event we are the prevailing party in any legal action to enforce, defend or interpret this Agreement. (7) Any rights not expressly granted herein are reserved. We reserve all rights not expressly granted to you.
Effective: October 14, 2017