|
Welcome. We are delighted to welcome you to The St. Joe Company site. This document, as well as the Privacy Policy, and, with respect to the TownTalk service, the TownTalk Terms of Use and Rules of Conduct, constitute the terms upon which you may use The St. Joe Company site and the services provided thereon (the “Terms of Use”). The site and services thereon is offered to you, the user, on the condition that you accept without modification the terms, conditions and notices contained in this Terms of Use. Your use of this site constitutes your acceptance and agreement thereto. If you do not agree to these Terms of Use, you should not use or access this site. Use Limitations. The purpose of this site is to provide you with information about The St. Joe Company, its affiliates, and their services, products, communities and properties. This site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from information or material on this site, except as expressly permitted in this Terms of Use. You may not use this site to engage in any unlawful activity, to infringe on the rights of The St. Joe Company, its affiliates or others or in any way that is prohibited by these Terms of Use. The St. Joe Company retains the right in its discretion to suspend or terminate your use of this site. This site is for the use by individuals located within the United States. Children. This site is not directed at nor intended to be used by children under the age of 13 years old. Children 13 years old and older should consult with their parents and secure their permission before accessing and using any The St. Joe Company site, and especially before providing any personal information to The St. Joe Company or on any interactive portions of any JOE site. Changes in Terms of Use and in site. The St. Joe Company reserves the right to make changes in this Terms of Use and to change, suspend or discontinue any aspect of the site at any time, in its discretion, without notice. This Terms of Use was last changed on December 20, 2004. Privacy Policy. Use of any information gathered from or about you through this site shall be governed by this Terms of Use and The St. Joe Company’s Privacy Policy, to which this Terms of Use links below and which is incorporated by reference. The St. Joe Company may use and disclose any information, content, record, or electronic communication of any kind: to satisfy any law, regulation, governmental request or to respond to a subpoena; as necessary to operate its sites; to protect the safety, rights or property of The St. Joe Company, its affiliates, or users of its site; to respond to a violation of this Terms of Use, and as otherwise permitted in this Terms of Use and the Privacy Policy. Monitoring use of the site. JOE reserves the right, without any obligation, to monitor your use of this site, without notice. You hereby waive any expectation of privacy in such information and activity. JOE reserves the right to modify, remove, and prevent conduct, communication, or content which it deems in its discretion may be harmful to JOE, its affiliates, or to users, or that may violate the law. Use of suggestions and material provided by you. In the event that you provide material, suggestions, information or comments (“Suggestions”) to The St. Joe Company, or post any such Suggestions in the interactive portions of the site, The St. Joe Company reserves the right to use such Suggestions in its discretion, with no compensation to you. However, use by The St. Joe Company of information by which you may be identified, such as your name and address, will be governed by the Privacy Policy. TownTalk and other Interactive Services. The St. Joe Company may offer from time to time certain chat room, bulletin board or similar interactive online services on the site through which you may be able to post material and information. For example, The St. Joe Company offers to actual and prospective community residents the ability to register and engage in the TownTalk service, an online method of keeping in touch with your neighbors and abreast of community developments. In order to participate in such services, you may be required to agree to additional provisions, including, without limitation, the TownTalk Terms of Use and Rules of Conduct, all of which additional provisions are incorporated herein by reference and are part of this Terms of Use. Please review such additional provisions carefully before making use of such online services. In connection with such interactive services, The St. Joe Company reserves the right, without any obligation and in its discretion, to refuse to permit material to be posted, to edit, remove and use any information so posted. With respect to such interactive services, information you post may be viewed by other users and thus The St. Joe Company strongly recommends that you use prudence and caution in selecting the information and material you post, including, without limitation, information by which you, your family members or other individuals may be identified. You agree not to use the personal information of other users of the site, whether or not it has been posted, other than for the purpose for which such information was provided to you by such user. Your representations and warranties. You represent, warrant and covenant that: * (a) you will not upload, post or transmit to or distribute or otherwise publish through the site any materials which No contract or offer. Except for your agreement to abide by the Terms of Use, use of this site and the services does not create any contract or agreement between you and The St. Joe Company, nor any obligation of The St. Joe Company to you. You agree not to act in reliance upon the information contained herein and you waive any claim, demand, cause of action or damages incurred as a result of reliance on such information. Indemnity. You hereby agree to indemnify and hold harmless The St. Joe Company and its affiliates, and any of the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of The St. Joe Company and/or its affiliates, from any and all claims, liability, damages and/or costs (including, but not limited to, attorneys fees) they incur arising as a result of your use of this site and the services, use of the TownTalk service, your violation of the Terms of Use, or your infringement of any intellectual property or other right of The St. Joe Company, its affiliates or any person or entity. In the event of any claim, The St. Joe Company shall have the right to defend and settle any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof and shall not settle any such claim without the prior written consent of The St. Joe Company. Invalidity of Terms. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Questions, Comments, Complaints, or Service Issues. If you have any questions, comments, complaints or service issues pertaining to this site, or if you have technical problems accessing information on this site, please contact us. Concerns about possible infringement. If you believe that any component of this site infringes your rights or the rights of others, or if you believe that another user is violating this Terms of Use, please feel free to contact us. We do not commit to following up or resolving your concerns, but may do so in our discretion. 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: Termination of Access. You acknowledge that The St. Joe Company may terminate your access to any of its sites at any time, with or without cause. Waiver. Any waiver by The St. Joe Company of any provision of the Terms of Use will be effective only if in writing and signed by The St. Joe Company. Assignment. Your rights and obligations under this Terms of Use and in using the site may not be assigned or transferred. Equal Housing, Equal Employment. The St. Joe Company is committed to Equal Housing Opportunity and Equal Employment Opportunity. Entire Agreement: This Terms of Use (including, without limitation, the Privacy Policy, TownTalk Terms of Use, Rules of Conduct and other provisions that are incorporated by reference or otherwise part thereof) constitute the entire agreement between the parties with respect to this site. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to this site. General Disclaimers GENERAL DISCLAIMERS 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. THE ST. JOE COMPANY AND ITS AFFILIATES SHALL NOT HAVE ANY LIABILITY FOR YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, FOR ANY DEFECTS OR ERRORS CONTAINED THEREIN OR CAUSED THEREBY, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NO REPRESENTATION OR WARRANTY IS MADE BY THE ST. JOE COMPANY ABOUT THE ACCURACY, RELIABILITY, AVAILABILITY OR SUITABILITY OF THE SITE OR THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED ON THIS SITE FOR ANY PURPOSE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE OR THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED THEREIN 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. THE ST. JOE COMPANY DOES NOT AND CANNOT REVIEW ALL MATERIALS AND INFORMATION POSTED ON INTERACTIVE PORTIONS OF THIS SITE AND IS NOT RESPONSIBLE FOR INFORMATION POSTED BY USERS, INCLUDING, WITHOUT LIMITATION, USERS OF THE TOWNTALK SERVICE. HOWEVER, THE ST. JOE COMPANY RESERVES THE RIGHT TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO POST OR REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IN THE ST. JOE COMPANY’S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS OF USE. 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 THIS SITE OR A DELAY OR INABILITY TO USE THE SITE OR SITES TO WHICH THIS 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. ADDITIONAL DISCLAIMERS MAY APPEAR FROM TIME TO TIME WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. PRIVACY POLICY LINKING POLICY EMPLOYMENT DISCLAIMER DISPUTE RESOLUTION COPYRIGHT AND TRADEMARK NOTICES All The St. Joe Company and its affiliates’ company names, community names and design logos appearing on this site, including, without limitation, A Southern Coastal Landscape®, A Taste of 30-A®, Camp Creek®, Fish Out of Water®, Joe®, Pier Park®, RiverCamps®, RiverCrest®, RiverTown®, St. Joe®, St. Joe (and Taking Flight Design), SummerCamp®, Taking Flight Design, TownTalk®, Victoria Commons (and design), Victoria Gardens (and design), Victoria Hills (and design), WaterSound®, WaterSound (and design), WaterColor®, WaterColor Triple Bar Design, WaterColor Inn Grass Design, Whitman Homes®, Windmark®, Windmark Beach®, and Windmark Beach (and design), are federally registered service marks of The St. Joe Company (or its affiliates). Artisan Parksm, Baithouse (and design), If You Don’t Know Joe, You Don’t Know Floridasm, The Little Inn Windmark Beach (and design), Location, Location, Imaginationsm, RiverTown, the RiverTown Manatee design, School of Fishsm, Southwoodsm, Southwood (and design), Southwood, A St. Joe Hometownsm, St. Joe Towns & Resortssm, St. Johns Golf & Country Clubsm, Victoria Parksm, Victoria Park, A St. Joe Hometownsm and Victoria Trails (and design) are service marks of The St. Joe Company. LAND SALES DISCLAIMERS For all prospective purchasers of condominium units being sold by The St. Joe Company, 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. 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 this site. EQUAL HOUSING OPPORTUNITY REAL ESTATE RELATED DISCLAIMERS SECURITIES DISCLAIMERS AND FORWARD LOOKING STATEMENTS BROKER PARTICIPATION |