Effective Date: March 1, 2015
6. Monitoring use of the site.You agree that St. Joe has no obligation to, but may monitor and review information you transmit over the Site, without notice to you. St. Joe reserves the right to modify, remove, and prevent conduct, communication, or content which it deems in its discretion may be harmful to St. Joe, or to users, or that may violate the law. You hereby acknowledge and consent to this monitoring, reviewing and removal.
7. Use of suggestions and material provided by you. In the event that you provide material, suggestions, information or comments ("Submissions") to St. Joe, or post any Submissions in the interactive portions of the Site, you grant St. Joe a perpetual, non-exclusive, fully-paid, royalty-free (meaning that we are not required to pay you to use your Submissions), sublicensable and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute each Submission in connection with the Site, our business, or the promotion thereof in any media formats and through any media channels now known or hereafter devised. St. Joe reserves the right to use your Submissions in its discretion, with no compensation to you.
13. Questions, Comments, Complaints, or Service Issues. If you have any questions, comments, complaints or service issues pertaining to the Site, or if you have technical problems accessing information on the Site, please contact us.
15. Digital Millennium Copyright Act Notification. We consider the protection of copyright of utmost importance. We follow the provisions of the Digital Millennium Copyright Act (“DMCA”), and, in addition to following the notice and take down provisions of the DMCA, in appropriate circumstances, we may terminate the account and access rights of any user of the Site that is a repeat infringer. If you believe that material on the Site infringes your or another's copyright, please contact our Copyright Agent (address below) with the following information as required by the DMCA: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (C) identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (D) your address, telephone number and email address; (E) a statement by you, made under penalty of perjury, that you have a good faith believe that the disputed use is not authorized by the copyright owner, its agent or the law; (F) a statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent is Ken Borick. Who may be contacted as follows:
133 South WaterSound Parkway
WaterSound, FL 32461
Phone: 866-417-7133, or via email.
16. Termination of Access. You acknowledge that St. Joe may terminate your access to the Site at any time, with or without cause.
20. GENERAL DISCLAIMERS
THE INFORMATION AND OTHER MATERIAL PUBLISHED ON THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
ST. JOE DOES NOT WARRANT THAT THE SITE'S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ST. JOE AND ITS AFFILIATES SHALL NOT HAVE ANY LIABILITY FOR YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, FOR ANY DEFECTS OR ERRORS CONTAINED IN THE SITE OR CAUSED BY THE SITE, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
NO REPRESENTATION OR WARRANTY IS MADE BY ST. JOE ABOUT THE ACCURACY, RELIABILITY, AVAILABILITY OR SUITABILITY OF THE SITE OR THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED ON THE SITE FOR ANY PURPOSE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE OR THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED ON THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE AND ALL SUCH INFORMATION, MATERIAL, SYSTEMS, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. SOME STATES/JURISDICTIONS DO NOT PERMIT EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE ST. JOE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF USE OF THE SITE OR A DELAY OR INABILITY TO USE THE SITE OR SITES TO WHICH THE SITE LINKS, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR DAMAGE TO SYSTEMS, EVEN IF THE ST. JOE COMPANY OR ITS AFFILIATES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21. LINKS TO THIRD PARTY WEBSITES: LINKING POLICY
B. Linking to the Site, and/or framing any portions of the Site without St. Joe's express written permission, is prohibited.
23. DISPUTE RESOLUTION and ARBITRATION AGREEMENT
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
A. Initial Dispute Resolution. We are available by phone at 850-231-6400 or email at email@example.com to address any concerns you may have regarding your use of the Site or the services we offer through the Site. Most concerns may be quickly resolved in this manner. Each of you and St. Joe agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain circumstances.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class Arbitration Waiver. You and St. Joe each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and St. Joe each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 23(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
E. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 23(B), 23(C), and 23(D) by sending written notice of your decision to opt-out to the following address:133 S Watersound Parkway, Attn: Legal Department, Watersound, Florida 32461 or by fax to 850-231-6572. The notice must be sent within thirty (30) days of commencing use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
F. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 23(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Duval County, Florida (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Duval County, Florida, for any litigation other than small claims court actions.
24. ST. JOE’S INTELLECTUAL PROPERTY; COPYRIGHT AND TRADEMARK NOTICES
All St. Joe's company names, community names and design logos appearing on the Site, including, without limitation, Arvida®, A Southern Coastal Landscape®, Baithouse (and Fly Fishing Line Design)®, Breakfast Point®, Camp Creek®, Fish Out of Water®, Follow the River Home®, JOE®, Pier Park®, RiverCamps®, SouthWood a St. Joe Hometown®, St. Joe®, St. Joe (and Taking Flight Design)®, SummerCamp Beach®, Taking Flight Design®, VentureCrossings®, VentureCrossings Design®, WaterSound®, WaterSound (and Boat Design)®, WaterColor®, Triple Bar Design®, WaterColor Inn Design®, WindMark®, WindMark Beach®, and WindMark Beach (and Wind Vane Design)® are federally registered service marks of The St. Joe Company.
All Paths Lead to the SeaSM, OriginsSM, SouthWood Leaf DesignSM, Pier Park DesignSM, Fish Out of Water DesignSM, SummerCamp Beach DesignSM, Breakfast Point DesignSM, RiverCamps DesignSM and Watersound OriginsSM are service marks of The St. Joe Company.
25. LAND SALES DISCLAIMERS
The property described on the Site and the online information source are situated within the States of Florida and Georgia. Each posting relating to a particular property is provided solely for informational purposes. All information is subject to change without notice and information you deem important may be omitted. Refer to sales contract and related offering documents and applicable homeowners' association materials for important information about the property. This informational posting is not intended to be an offering to residents in any jurisdiction where prior registration is required, and further information will not be provided to these residents. An offer to purchase real property can only be initiated by a consumer at the sales center for the particular community where St. Joe is selling lots or homes. VOID WHERE PROHIBITED BY LAW.
For all prospective purchasers of condominium units being sold by St. Joe, ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERERENCE TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
To the extent applicable, obtain the Property Report required by Federal law and read it before signing anything. No Federal agency has adjudged the merits or value, if any, of any of the properties listed on the Site.
26. EQUAL HOUSING OPPORTUNITY
St. Joe is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. St. Joe encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.
27. REAL ESTATE RELATED DISCLAIMERS
WaterColor, WaterSound, WaterSound Beach, WaterSound West Beach, RiverCamps, WindMark Beach and SummerCamp Beach communities have been registered with U.S. Department of Housing and Urban Development under the Interstate Land Sales Act. Obtain the Property Report required by Federal law and read it before signing anything. No Federal agency has judged the merits or value, if any, of this property.
The information and materials contained in the Site about St. Joe and its properties and communities, and all photos, renderings, plans, prices, land uses, improvements, amenities, dimensions, specifications, materials and availability depicted in the Site of any St. Joe community are conceptual in nature and are subject to change or cancellation without notice or obligation. Scenes may include artist's renderings, and may be of locations or activities not on the property or not yet completed. St. Joe does not guarantee the obligations of unaffiliated builders who may build and sell homes in its communities. Ownership of a residence in a St. Joe community does not grant any use of or access to any of its clubs, all of which may require the purchase of separate memberships pursuant to each club's rules or by the imposition of other conditions on use. Eligibility to join a club depends on its rules, which are subject to change. Illustrations are artist's depictions only and may differ from completed improvements. Additional fees may apply for use of clubs or private amenities. Certain amenities may not be complete and completion is neither warranted nor guaranteed.
28. SECURITIES DISCLAIMERS AND FORWARD LOOKING STATEMENTS LOOKING STATEMENTS
The materials and information contained on the Site do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities in The St. Joe Company or any of its affiliates. Furthermore, the Site may contain information and press releases about and by St. Joe. Although this information was believed to be accurate as of the date prepared by St. Joe, St. Joe disclaims any duty or obligation to update this information. To the extent that any information is deemed to be a 'forward looking statement' as defined in the Private Securities Litigation Reform Act of 1995, this information is intended to fit within the "safe harbor" provided therein. These forward looking statements are subject to material risk factors which are described in our Annual Report on Form 10-K and our Quarterly Reports on Form 10-Q found on the Site. Forward looking statements, which speak only as of the date made. The Site is not intended to make any investment representations about The St. Joe Company or its affiliates and should not be viewed as such.