Terms of Use

Last Modified: May 2024

THESE TERMS OF USE (THESE “TERMS OF USE”) GOVERN EACH PERSON WHO ACCESSES OR USES IN ANY WAY THE WEBSITE LOCATED AT WWW.SEAFLOWERFL.COM, INCLUDING ANY MICROSITE OR MOBILE VERSION THEREOF (THE “WEBSITE”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU DO SO. BY USING THE WEBSITE, BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU OR YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE ON BEHALF OF YOURSELF AND YOUR HEIRS, ASSIGNS, SUCCESSORS, EXECUTORS, ADMINISTRATORS, AND ESTATE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE IN ANY WAY THE WEBSITE. THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES.

Equal Housing Opportunity

Company is committed to equal housing opportunities and encourages and supports eliminating barriers to obtaining housing due to race, color, religion, sex, handicap, disability, familial status, or national origin. Company will not knowingly publish or accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised by Company are available on an equal opportunity basis.

Offer or Solicitation

THIS WEBSITE IS NOT INTENDED TO CONSTITUTE AN OFFER OR SOLICITATION. BECAUSE SOME JURISDICTIONS REQUIRE PRIOR REGISTRATION OR OTHER QUALIFICATIONS OF REAL ESTATE BEFORE SOLICITATION IS ALLOWED, COMPANY’S RESPONSES TO YOUR INQUIRIES MAY BE PROHIBITED OR LIMITED. YOU AGREE THAT CONTENT OR INFORMATION PROVIDED TO YOU ON OR VIA THE WEBSITE IS VOID WHERE PROHIBITED BY LAW.

Acceptance of the Terms of Use

The Website is operated by Cortez75W Investors, LLC, a Delaware limited liability company (“Company”). These Terms of Use, together with any other terms and policies applicable to the Website (including, without limitation, the Privacy Policy, as defined below) (all of such terms and policies that apply to the Website, together with these Terms of Use, the “Governing Terms”), which are hereby incorporated into and made a part of these Terms of Use, govern your access to and use of the Website (including any content and functionality that originate through the Website), whether as a guest or registered user and whether accessed via the web, mobile, or otherwise. Capitalized terms used but not defined in any other Governing Term will have the definitions assigned to such terms in these Terms of Use.

The Website is offered and available only to users who are of legal age to form a binding contract; reside in the United States or any of its territories or possessions; and are not otherwise prohibited from accessing or using the Website. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

If you are also a party to any other agreement with Company or its affiliate, unless otherwise explicitly stated in these Terms of Use, these Terms of Use will not amend, revise, or otherwise change the terms and conditions in those agreements, including any privacy obligations you might have under those agreements.

Electronic Communications

When you visit the Website or send email to Company, you are communicating with Company electronically. You consent to receive communications from Company electronically. Although Company may choose to communicate with you by regular mail, Company may also choose to communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.

Changes to the Terms of Use

These Terms of Use may be revised or updated from time to time at Company’s sole discretion. The latest version of these Terms of Use will be posted on the Website, and you should review the then-current Terms of Use before using the Website. All changes to these Terms of Use are effective immediately when Company posts them and apply to all access to and use of the Website thereafter.

Your continued use or access of the Website after a posted change in these Terms of Use will constitute your acceptance of and agreement to such changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

Company reserves the right to withdraw or amend the Website in Company’s sole discretion without notice. Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Company may restrict access to the Website or certain parts thereof to certain users, including certain registered users.
You are responsible for:

making all arrangements necessary for you to have access to the Website and
ensuring that all persons who access the Website through your internet connection or otherwise with your assistance are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

If you choose or are provided with a username, login, password, or any other information as part of Company’s security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. If any of this information is lost or forgotten, you may lose access to the Website. Company is not responsible for any such losses. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify Company immediately of any actual or suspected unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or network so that others are not able to view or record your password or other personal information.

Company has the right to disable any username, password, or other identifier, whether chosen by you or provided by Company, at any time in Company’s sole discretion for any or no reason, including if, in Company’s opinion, you have violated any provision of a Governing Term.

Unfortunately, the transmission of information via the internet is not completely secure. Although we endeavor to protect your information, we cannot guarantee the security of information transmitted to or from the Website. Any transmission of information through the Website is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Intellectual Property Rights

Names and logos, product and service names, designs, slogans, and products on the Website may be protected by trademark, trade dress, copyright, or other intellectual property rights owned by Company or its affiliates or licensors. You must not use these without the prior written permission of Company or its licensor or in any other way dilute, blur, or tarnish Company’s brand.

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

You must not reproduce, distribute, modify, create a derivative work of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in whole or in part, except as follows:

your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
you may store files that are automatically cached by your web browser for display enhancement purposes;
you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
if Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by all other agreements applicable to such applications;
if Company provides social media features with certain content, you may take such actions as are enabled by such features; and
as otherwise explicitly allowed by these Terms of Use or any other Governing Term.

You must not:

modify any material from the Website;
reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website, in whole or in part;
use any illustration, photograph, video, audio, or any graphic separately from the accompanying text; or
delete, falsify, misrepresent, or alter any copyright, trademark, or other proprietary rights notice from any material from the Website.

You must not access or use for any commercial purposes any part of the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at Company’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, or other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with the Governing Terms. Without limiting the generality of the foregoing, you agree not to, and not to allow any third party to, use the Website:

in any way that violates any applicable federal, state, local, or international law, statute, regulation (including, without limitation, any law regarding the export of data or software to and from the United States or other countries), or any right of any third party;
to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
to impersonate or attempt to impersonate Company, a current or past Company employee, another user, or any other person or entity (including, without limitation, by using an e-mail address or screen name associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which, as determined by Company, may harm Company or a third party or expose them to liability.

Additionally, you agree not to, and not allow any third party to:

use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website;
use any robot; web scraping or scraping method; data mining; spider; other similar data gathering or extraction method; or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
use any manual process to monitor or copy any of the material on the Website or for any other purpose not expressly authorized in the Governing Terms;
use any device, software, or routine that interferes with the proper working of the Website;
introduce any harmful content such as malware, viruses, trojan horses, worms, logic bombs, time bombs, or other material that is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website; the server on which the Website is stored; or any server, computer, or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Website.

Company may, but has no obligation to, monitor the Website as necessary, convenient, or desirable to protect Company or any of its users or operate the Website properly. Company, in its sole discretion, may refuse to post, remove, or refuse to remove any data, in whole or in part, it finds to be unacceptable, undesirable, inappropriate, or in violation of any Governing Term.

Monitoring and Enforcement; Termination

Company has the right to:

take appropriate circumstances to disable, block, or terminate the accounts of users who are repeat infringers of any Governing Term; and
terminate or suspend your access to all or part of the Website for any or no reason.
YOU WAIVE AND HOLD HARMLESS COMPANY, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, AND ALL AGENTS OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, COMPANY’S DEVELOPMENT MANAGER) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ANY INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF ANY INVESTIGATION BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.

Without limiting the generality of the foregoing, Company does not warrant the accuracy, completeness, or usefulness of any information, graphics, text, links or other material contained within the Website. All prices, features, renderings, floor plans, site plans, community maps, pictures, dimensions, specifications, and other descriptions of products and services provided on the Website are subject to change without notice to you. Without limiting the generality of the foregoing:

all maps are artist’s renderings, are subject to change, are not to scale, and are provided to you for relative location purposes only;
actual distances may vary;
renderings, floor plans, and elevations are artist’s renderings, are subject to change, and may contain options which are not standard on all models;
the specific features in a home may vary from home to home and from one community to another;
prices shown may refer to a “base” home and may not include optional features, and photos or drawings of homes may show upgraded landscaping, which may not represent the lower-priced homes in the community;
Company reserves the right to substitute equipment, materials, appliances and brand names with items of equal or higher value, as determined in Company’s sole opinion;
color and size variations may occur;
stated dimensions and square footage are approximate and should not be used as an actual representation of a home’s size;
Company does not represent or warrant that any zoning or land use reflected on properties surrounding Company’s communities may not change in the future and cannot control future development surrounding its communities; and
performance or results of a home or community intended to result in energy savings, healthy living, sustainability, or other benefits may vary due to specific use of a home or community, among other factors.

The Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, homebuilders, or reporting services. All statements and opinions expressed in those materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Company. Company is not responsible, or liable to you or any third party, in any way for the content or accuracy of any such materials.

Changes to the Website

Company may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and Company is under no obligation to update such material.

Feedback

You agree that any suggestions, recommendations, questions, comments, improvements, ideas, requests, feedback, or the like relating to changes to the Website or its goods or services (collectively, “Feedback”), including without limitation, new features or functionality relating thereto, are voluntarily provided by you, and Company is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. You hereby assign to Company all right, title, and interest in, and Company is free to use, without any attribution or compensation to any party, the Feedback, including any ideas, know-how, concepts, techniques, or other intellectual property rights contained therein, for any purpose whatsoever, although Company is not required to use any Feedback.

Information About You and Visits to the Website

All information that you provide on or through the Website, or that is otherwise collected through the Website, in each case whether it is yours or a third party’s, is subject to Company’s Privacy Policy found at https://seaflower.com/privacy-policy/ (the “Privacy Policy”), which is hereby incorporated into these Terms of Use. By using the Website, you consent to, and represent that you have obtained all applicable third parties’ consent to, all actions taken in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to the Website, provided you do so in a way that is fair and legal and does not damage Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Company’s part without Company’s express written consent.

The Website may provide certain social media features. You may use these features solely as they are provided by Company, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions Company provides with respect to such features.

You agree to cooperate with Company in causing any unauthorized framing or linking immediately to stop. Company reserves the right to withdraw linking permission from any person without notice. Company may disable all or any social media features and any links at any time without notice in its discretion.

Links from the Website

If Company provides links to other sites and resources provided by third parties (including homebuilders), these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company has no control over the contents of those sites or resources; does not endorse their activities, goods, or services; and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions for such websites.

Geographic Restrictions

Company is based in the state of Florida in the United States. Company provides the Website for use only by persons located in the United States. Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that Company cannot and does not guarantee or warrant that any files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER COMPANY NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND ITS CONTENTS ARE AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF FOREGOING, AND TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, (A) COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ALL KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR PARTICULAR PURPOSE, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, QUIET ENJOYMENT, and AVAILABILITY AND ALL WARRANTIES AND REPRESENTATIONS ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE, AND (B) NEITHER COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT the WEBSITE OR ITS CONTENTS WILL BE ACCURATE, COMPLETE, RELIABLE, COMPATIBLE, ERROR-FREE, UNINTERRUPTED, OR WORK WITH ANY OTHER WEBSITE; MEET ANY PERFORMANCE OR RELIABILITY STANDARD; THAT the WEBSITE OR THE SERVERs THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE WEBSITE OR ITS CONTENTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS OR ACHIEVE ANY INTENDED RESULTS; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

CERTAIN STATES MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBILE AND LIABLE FOR ALL USES OF THE WEBSITE BY YOURSELF OR OTHERS TO WHOM YOU HAVE PROVIDED ACCESS, DIRECTLY OR INDIRECTLY, WHETHER SUCH ACCESS OR USE IS PERMITTED BY OR IN VIOLATION OF THESE TERMS OF USE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR ANY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS (INCLUDING, WITHOUT LIMITATION, COMPANY’S DEVELOPMENT MANAGER), OFFICERS, MANAGERS, DIRECTORS, OR EQUITYHOLDERS OF THE FOREGOING BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, IN ALL CASES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO PERSONAL INJURY, PROPERTY DAMAGE, PAIN OR SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS OR COSTS, LOSS OF BUSINESS OPPORTUNITIES OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF TIME, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, INCONVENIENCE, SHUTDOWN OR SLOWDOWN COSTS, DAMAGE TO GOODWILL OR REPUTATION, DIMINUTION IN VALUE, OR OTHER ECONOMIC LOSS, IN ALL CASES REGARDLESS OF THE BASIS FOR THE CLAIM (WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE) EVEN IF COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF COMPANY AND ITS AFFILIATES, OR ANY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS (INCLUDING, WITHOUT LIMITATION, COMPANY’S DEVELOPMENT MANAGER), OFFICERS, MANAGERS, DIRECTORS, OR EQUITYHOLDERS OF THE FOREGOING, FOR ALL CIVIL ACTIONS, CLAIMS, DISPUTES, OR PROCEEDINGS (INCLUDING, WITHOUT LIMITATION, ARBITRAL PROCEEDINGS) ARISING OUT OF OR RELATING TO THESE TERMS OF USE EXCEED $100. THE EXISTENCE OF MORE THAN ONE CLAIM OR CLAIMANT WILL NOT ENLARGE THIS LIMIT.

CERTAIN STATES MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, partners, members, shareholders, equityholders, employees, contractors, agents (including, without limitation, Company’s development manager), licensors, suppliers, representatives, successors, and assigns, from and against any and all claims, liabilities, deficiencies, actions, damages, judgments, settlements, interest, awards, penalties, fines, losses, costs, expenses, and fees (including reasonable attorneys’ fees and attorneys’ fees for litigating the amount of attorneys’ fees) of whatever kind arising out of or relating to your: (a) violation of these Terms of Use; (b) use or misuse of the Website (including, but not limited to, any use of the Website’s content other than as expressly authorized in these Terms of Use; use of any information obtained from the Website; or the violation of any law or regulation); or (c) gross negligence or willful misconduct.

Arbitration

Except as provided below, any civil action, claim, dispute or proceeding arising out of or relating to these Terms of Use shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Manatee County, Florida.

THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE WEBSITE, YOU CONSENT TO THESE RESTRICTIONS.

You and Company shall select the arbitrator, and if you and Company are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Judgement upon any award rendered by the arbitrator shall be final, binding, and conclusive upon you and Company and your and Company’s respective administrators, executors, legal representatives, successors, and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Company be entitled to punitive damages and both you and Company hereby waive your and Company’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue, or business.

Remedies

You acknowledge that a breach or threatened breach of these Terms of Use would give rise to irreparable harm to Company for which monetary damages would not be an adequate remedy, and you hereby agree that, in the event of such a breach or a threatened breach, Company will, in addition to any and all other rights and remedies that may be available to it, be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond or prove actual damages or that monetary damages will not afford an adequate remedy). Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.

Governing Law and Venue

All matters relating to the Website (including these Terms of Use) and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

In any instance where (a) a dispute arises and the arbitration provisions herein become inapplicable or unenforceable, (b) there is an injunctive action regarding a breach or threatened breach of any provision of these Terms of Use, or (c) there is any other action brought in court, you agree that any such legal suit, action, or proceeding will be exclusively instituted and maintained in the state courts or the federal courts located in or for Bradenton, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Waiver and Severability

No waiver by Company of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.
If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, (a) a suitable and equitable provision will be substituted therefor in order to carry out, so far as may be valid, legal, and enforceable, the intent and purpose of such provision such that the rights and obligations resemble as closely as possible the rights and obligations as would exist otherwise, and (b) the remainder of these Terms of Use and the application of such provision to other persons or circumstances will not be affected by such invalidity, illegality, or unenforceability, nor will such invalidity, illegality, or unenforceability affect the legality, validity, or enforceability of such provision, or the application thereof, in any other jurisdiction.

Further Assurances

You agree to, from time to time at the request of Company, without any additional consideration, furnish Company such further information; execute and deliver such additional agreements, certificates, documents, instruments, and conveyances; and take such other actions and do such other things, in each case as may be necessary or convenient for Company to carry out the provisions of these Terms of Use or to carry out the intent and accomplish the purposes of these Terms of Use and to give effect to the transactions contemplated hereby.

Prevailing Party Attorneys’ Fees

In the event that any legal suit, action, or proceeding is instituted to enforce these Terms of Use (or obtain any other remedy in respect of any breach of these Terms of Use), the prevailing party in the suit, action, or proceeding will be entitled to recover from the other party, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including actual expenses, court costs, and attorneys’ fees, including the prevailing party’s attorneys’ fees for litigating the amount of attorneys’ fees.

Entire Agreement

These Terms of Use, together with any other documents expressly incorporated herein (including the other Governing Terms), constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, communications, proposals, agreements, representations, and warranties, both written and oral, with respect to the Website. In the event of any conflict between these Terms of Use and the terms of any other applicable Governing Term, the other Governing Term will apply.

The headings contained in these Terms of Use are for convenience of reference only, not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications to Company relating to the Website should be directed to: Info@SeaFlowerFL.com.