Last Updated and effective as of: November 12, 2019
1. Representations and Warranties by You
2. Use of Site Materials
You agree that, as between Operator on the one hand and yourself on the other hand, any electronic or printed information, data, images, videos, photographs, artwork or other content contained on the Websites ("Site Materials"), constitute the copyrighted or copyrightable and proprietary property of Operator or third parties from whom Operator has secured permission to display such Site Materials on the Websites. You acknowledge that Operator has granted to you a limited, revocable, and non-exclusive license to use these Site Materials solely for your private use to view the content as it appears on the Websites and for no other purposes or uses. You will not commercialize, sell, download, copy, license, re-license, sublicense, modify, reverse engineer, swap, re-use, create derivative works of or re-purpose the Site Materials, nor will you assist others in doing so
Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to us in the United States and other countries and may not be used by anyone for any purpose without our prior express written consent.
3. Your Use of the Websites
Operator reserves the right, without notice and in its sole discretion, to terminate your license to use the Websites, and to block or prevent future access to and use of the Websites. The foregoing license grant set forth above does NOT, without the prior express written permission of Operator, include the right for you to:
a. publish, publicly perform or display, or distribute to any third party any Site Materials, including reproduction on any computer network or broadcast or publications media;
b. market, sell or make commercial use of the Websites or any Site Materials;
c. systematically collect and use any data or content including through the use of any spiders, scrapers, robots, or similar data gathering, mining or extraction methods;
d. interfere with the proper working of the Websites;
e. make derivative uses of the Websites or the Site Materials; or
f. use, frame or utilize framing techniques to enclose any portion of the Websites (including the images found at the Websites or any text or the layout/design of any page or form contained on a page).
You will use your best efforts to cooperate with Operator on reasonable terms and conditions in the event Operator deems it necessary to seek to enjoin or otherwise prohibit the unauthorized use of the Site Materials by a third party, which use may have resulted from your access to the Websites.
4. Intellectual Property
The Websites contain proprietary information that that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. If you believe that any content posted to, or linked from, the Websites infringes upon your copyright rights, please consult the Digital Millennium Copyright Act Procedure section set forth below.
5. DISCLAIMER OF WARRANTIES
ALL CONTENT ON THE WEBSITES IS PROVIDED "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND OR NATURE EITHER EXPRESS OR IMPLIED OR GUARANTIES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE WEBSITES’ CONTENT. OPERATOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER OPERATOR, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE WEBSITES WARRANT THAT THE FUNCTIONALITY AVAILABLE ON THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THE WEBSITES IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITES. OPERATOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, OR SERVICE PURSUANT TO YOUR USE OF THE WEBSITES.
6. LIMITATION OF LIABILITY AND DAMAGES
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. YOU (AND NOT OPERATOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER OPERATOR, NOR THEIR AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THE WEBSITES, IS RESPONSIBLE OR LIABLE TO YOU OR TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THE WEBSITES, THE SITE MATERIALS OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OPERATOR AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THE WEBSITES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT OPERATOR IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OPERATOR’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
7. Indemnification of Operator
8. Injunctive and Equitable Relief
You agree that your unauthorized use of the Site Materials will cause injury to Operator that cannot adequately be remedied by money damages, and that Operator shall be entitled to preliminary or permanent injunctive relief to enjoin your unauthorized use of the Websites or Site Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If Operator is successful in securing a preliminary injunction order against you, you waive any obligation of to post a security bond in conjunction therewith.
9. No Relationship With You
You understand that Operator has not entered into any form of partnership, agency, fiduciary or special relationship with you solely by granting you access to and use of the Websites.
10. Governing Law and Venue
11. Dispute Resolution
12. NO CLASS ACTIONS AND WAIVER OF JURY TRIAL
13. Cooperation with Law Enforcement
14. Additional Terms
15. Your Submissions to the Websites
Some of the services offered by Operator on the Websites may allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material and content (a "Submission") to the Websites, including, but not limited to, information, data, content images, video and other files and materials.
A. Inappropriate Submissions
B. Your Representations and Warranties
Each time you provide a Submission to the Websites, you represent and warrant that you have the right to provide such Submission, which means:
1. You are the author of the Submission or the owner of all copyright and other intellectual property rights therein, or
2. The Submission is not protected by copyright law, or
C. License Grant to Operator
D. Disclaimer of Responsibility for Submissions
Operator does not endorse any Submissions, nor does any Submission necessarily represent the views of Operator or their subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Operator does not control all Submissions, and disclaims any responsibility for such Submissions. Operator specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submission. In addition, Operator does not represent or warrant that any other content or information accessible via the Websites is accurate, complete, reliable, current or error-free. Operator does not assume any responsibility or liability for any errors or omissions in the content of the Websites or in any Submission.
E. Review and Removal of Submissions
Operator reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submission.
16. Digital Millennium Copyright Act (DMCA) Procedure
A. DMCA Complaints
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States Copyright Law. If you believe in good faith that a Submission infringe your copyright, you (or your agent) may send Operator a notice requesting that the Submission be removed from the Websites, or access to it be blocked. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following and must include a certification made under penalty of perjury:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Operator to determine the legitimacy of the signature and the identity of the signatory;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, including citation to the application copyright registrations where available;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Operator to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact;
4. Information reasonably sufficient to permit Operator to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Complaints must meet the then current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA Complaints concerning materials on Websites should be sent to Operator’s Designated Agent to receive notification:
Ponte Vedra Corporation
ATTN: DMCA Complaint
200 Ponte Vedra Boulevard
Ponte Vedra Beach, FL32082
You may also send the required information by email to [email protected] with "DMCA Complaint" in the subject line.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material on the Websites is infringing the copyrights of others. If you are uncertain whether material on the Websites is infringing, Operator recommends seeking advice of an attorney.
B. DMCA Counter Notification
If Operator removes or disables access to content in response to a DMCA Complaint, Operator will make reasonable attempts to contact the owner of the removed or disabled content, or the owner’s agent. If Operator removed your material pursuant to another person’s DMCA Complaint and you contend that such material does not infringe upon another’s copyright rights, you may provide Operator with a counter-notification containing the following details which includes a certification made under penalty of perjury:
1. Your physical or electronic signature, as well as information sufficient for Operator to determine the legitimacy of the signature and the identity of the signatory;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the exclusive jurisdiction of any state or federal court located in Duval County, Florida, and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person.
You must send this notification to the following address:
Ponte Vedra Corporation
ATTN: DMCA Counter Notification
200 Ponte Vedra Boulevard
Ponte Vedra Beach, FL 32082
You may also send the required information by email to [email protected] with "DMCA Counter Notification" in the subject line.
In addition to the foregoing, the DMCA Counter Notification should contain all of the necessary information required by the DMCA, which can be found at http://www.copyright.gov/. Please note, however, that this is not a substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.