WE-TURN WEBSITE TERMS OF USE – COMMUNITY
PLEASE READ THIS DOCUMENT CAREFULLY. BY CLICKING “I AGREE,” YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH BELOW.
This Website Terms of Use constitutes an agreement (this “Agreement”) by and between VENNET, LLC, a Florida limited liability company (“We-Turn” or “we”) and the individual person executing this Agreement (“you”). This Agreement is effective as of the date you electronically submit the website user registration form.
1. Introduction
We-Turn operates a website, http://www.We-Turn.com (the “Site”) which connects apartment owners and managers (a “Community” or “Communities”) to vendors who provide turnkey services preparing vacant apartments for new renters to move in. Features of the Site include a dashboard which facilitates the scheduling of turn services between Communities and their preferred vendors. Certain portions of the Site, as designated by We-Turn, may only be accessed or used by users who agree to be bound by the terms of this Agreement.
2. Agreement
Your rights to access and use this Site are subject to the provisions of this Agreement. The intended purpose of this Site is to facilitate the scheduling of turn services between Communities and their vendors. You shall comply with all applicable laws, regulations, and rules in your use of the Site.
While We-Turn will do its best to enforce the terms of this Agreement, We-Turn cannot warrant or represent that other users will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.
3. Site Access and Usage
(a) Account Creation; Maintenance. In order to be authorized to schedule turn services on the Site, you must maintain an active user account on the Site and keep all account information current. You acknowledge and agree that your use of the Site may be further subject to the terms of additional agreements with We-Turn and with parties other than We-Turn (including without limitation, a vendor) related to the performance or scheduling of turn services at apartment communities (“Other Agreements”). Your use of this Site is conditioned upon your continued compliance with such Other Agreement(s). If you should, after any applicable grace period, breach or be in default under the terms of any Other Agreement, We-Turn may deem such breach or default as an event of default under this Agreement.
(b) Access and Use of Site Features. By entering into this Agreement, you are granted a revocable license, subject to all of the terms and conditions of this Agreement, to access and use certain portions of the Site, which may include the scheduling dashboard, tutorial videos, and blog. The scope of your Site access and use privileges may depend on the terms of any additional written agreement(s) entered into between you and We-Turn and/or between you and a vendor. YOU REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED BY THE COMMUNITY YOU IDENTIFY DURING ACCOUNT CREATION TO BIND SUCH COMMUNITY THROUGH YOUR USE OF THIS SITE AND IN THE EVENT YOUR AUTHORIZATION FROM SUCH COMMUNITY IS DISCONTINUED FOR ANY REASON WHATSOEVER (INCLUDING BUT NOT LIMITED TO A TERMINATION OF EMPLOYMENT) YOU AGREE TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND NOTIFY WE-TURN.
(c) Privileges Nontransferable; No Assignment. Each user account on this Site is personal to the individual who created it. Accordingly, you may not assign any rights under your account or this Agreement without the express written consent of We-Turn. Any such purported assignment, sublicense, or transfer of your account without We-Turn’s express written consent shall be deemed null and void and may cause your account to be suspended or terminated. Except to the extent forbidden in this paragraph, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
(d) Account Suspension; Termination. We-Turn expressly reserves the right to terminate or suspend your account if you fail to abide by the terms of this Agreement. Furthermore, notwithstanding any provision of this Agreement to the contrary, We-Turn reserves the right, without notice and in its sole discretion, to terminate your license to access or use certain portions or features of this Site and to block or prevent your future access to, and use of, this Site. The following provisions will survive any termination or suspension of your account: (a) any obligation incurred by you under this Agreement before such termination or suspension; and (b) any other provision of this Agreement that must survive to fulfill its essential purpose.
4. Account Security
You are responsible for maintaining the confidentiality of your account password and restricting access to yID: our account. You agree not to disclose your password to anyone else. You are responsible and liable for any use of the Site through your account, whether authorized or unauthorized. You shall immediately notify We-Turn of any unauthorized use or any other breach of security you know about relating to your account. We-Turn shall have no liability for any loss or damage arising from your failure to comply with these requirements.
5. Confidential Information
(a) Confidentiality
To allow for the free exchange of information amongst a select group of Communities and vendors, you agree to treat all communications that take place on this Site as confidential. You agree to not disclose, copy, or transmit to individuals or entities who are not otherwise subject to this Agreement any messages or information posted on this Site, and you further agree not to use any such messages or information posted on this Site for any reason other than for the Site’s intended purpose as stated in Section 2 above. You agree and understand that this confidentiality provision does not create a binding obligation on the part of We-Turn to protect the confidentiality of information posted here or to act as insurers or guarantors of, or to accept liability for, the conduct of Site users. You therefore agree and acknowledge that you will not post any information on the Site which is private, personal, constitutes a trade secret, or which is otherwise so confidential or proprietary that its disclosure could cause you or others any economic or physical harm. Nothing in this Agreement shall prevent you from disclosing information obtained on this Site as compelled to do so by an applicable court of law or government agency.
(b) We-Turn’s Confidential Information
In the course of providing services via this Site, We-Turn may deliver to you content, materials, and other information that is confidential or proprietary to We-Turn or its licensors or which constitutes a “trade secret” of We-Turn or its licensors (“Confidential Information”). You agree that you will protect such Confidential Information from unauthorized disclosure and will use the same degree of care that you use to protect your own confidential information, but in no event less than a reasonable amount of care. You further agree that you will not publish, disseminate, or otherwise disclose such Confidential Information to any third party, and that you will not use Confidential Information to compete with We-Turn or in any way detrimental to We-Turn. Without limiting the generality of the foregoing, “Confidential Information” includes any and all Site materials, computer code, marketing and business plans, strategies, vendor lists, and customer lists, but does not include information in the public domain other than by reason of a breach of this Agreement. In the event you receive a subpoena or court order by a governmental authority to disclose any Confidential Information, you shall deliver prompt written notice to We-Turn and cooperate with We-Turn’s attempts to obtain a protective order or other similar protection for the Confidential Information. This Section 5 is intended to survive any susCommunity Manager registration user agreementpension or termination of your Site account.ID:
6. Copyrights
(a) Unless otherwise indicated, this Site and all content and other materials therein, including, without limitation, all designs, text, graphics, pictures, information, data, software, sound files, video files (including audiovisual files), and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of We-Turn or its licensors and are protected by U.S. and international copyright laws.
(b) Subject to all of the terms and conditions of this Agreement, you are granted a limited, revocable, non-sublicensable license to access and use this Site and Site Materials only for the Site’s intended purpose as stated in Section 2 above. Such license does not include: (a) any resale or commercial use of this Site or Site Materials; (b) the collection and use of any service listings, pictures, videos, or descriptions; (c) the distribution, public performance, or public display of the Site and any Site Materials; (d) modifying or otherwise making any derivative uses of this Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Site, the Site Materials, or any information contained therein, except as expressly permitted on this Site. Any use of Community Manager registration user agreementthis Site or Site Materials other than as specifically authorized herein, without the prior written permission of We-Turn, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws and regulations, including, without limitation, those relating to intellectual property rights, trade, and communications. Except where explicitly stated in this Agreement, nothing in this Agreement shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated with the Site or Site Materials.
(c) By posting material on this Site you represent and warrant that you have obtained signed, written permission to post such material from the owners of all rights in such material; or that you are the sole owner of such material. Unless otherwise agreed in writing, as between you and We-Turn, you shall retain oagreementwnership of the copyrights in any original material that you post on this Site to the extent such material may be entitled to copyright protection. You agree to respect the copyrights of other users of this Site and agree not to reproduce, distribute, publicly display, or prepare derivative works based on any material posted at this Site without first obtaining the express permission of the copyright owner to do so.
7. Trademarks aCommunity Manager registration user agreementnd Service Marks
All trademarks, product names, and company names and logos appearing on this Site or in any materials relating to the services or products shown on this Site are the property of their respective owners.Community Manager registration user agreement
8. Content Policy
(a) All content and material posted to the Site is subject to approval by We-Turn. It is the policy of We-Turn to not tolerate any acts of intellectual property infringement or violations of U.S. law or to allow any material which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable, to be posted on this Site. We will do our best, in good faith, to purge or otherwise restrict the availability of such material. The provisions of this Section 8 are intended to implement this policy but are not intended to impose a contractual obligation on We-Turn to undertake, or refrain from undertaking, any particular course of conduct.
(b) You agree that We-Turn has the right to investigate any complaint received and, at any time and for any reason, with or without cause, to remove any material which you post to this Site with or without your permission, in our sole discretion. By reserving this right, We-Turn does not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.
(c) We-Turn does not obligate itself to maintain this Site, or to maintain it in its present form. You agree and understand that We-Turn may, in its sole discretion and without any prior notice, close this Site and delete any files which you may maintain at this Site and any information which you may choose to post here. You should keep a backup copy of any material which you post to this Site.
9. Assumption of Risk
YOU EXPRESSLY AGREE THAT YOUR ACCESS AND/OR USE OF THIS SITE IS AT YOUR SOLE RISK. Although We-Turn may provide recommendations, you acknowledge that you have independently selected the benefits, opportunities, and services you accept based on your own due diligence.
10. DISCLAIMER OF WARRANTIES
(a) ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY WE-TURN AND ITS AFFILIATES. THIS SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 10 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION 10 SHALL BE CONSTRUED TO TAKE PRECEDENCE.
(b) YOU ACKNOWLEDGE THAT WE-TURN IS NOT AN OWNER, OPERATER, OR MANAGER OF ANY OF THE VENDORS OR COMMUNITIES LISTED ON THIS SITE AND THAT WE-TURN DOES NOT MAKE AND IS NOT AUTHORIZED TO MAKE ANY WARRANTY WITH RESPECT TO ANY TURN SERVICES OFFERED OR REQUESTED ON THIS SITE. WE-TURN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS WEBSITE. WE-TURN DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, (B) THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA, OR INFORMATION OBTAINED BY YOU THROUGH WE-TURN OR THE SITE WILL BE ACCURATE OR RELIABLE OR ERROR-FREE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER BENEFITS OR OPPORTUNITIES OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Indemnification
You agree to indemnify, defend, and hold harmless We-Turn, its officers, directors, agents, and employees from and against any and all claims, demands or liability for personal injury (including injury resulting in death) or damage to property arising out of your breach of this Agreement or due to the negligent or willful acts or omissions, including gross negligence and willful misconduct, of you or your employees or agents, in scheduling turn services through this Site.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL WE-TURN BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. THE LIABILITIES LIMITED BY THIS SECTION 12 APPLY TO THE BENEFIT OF WE-TURN’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF WE-TURN IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
13. Errors and Internet Issues.
(a) You acknowledge and agree that much of the content on the Site is provided by Communities, vendors, and other third parties, and not by We-Turn. We strive to provide accurate information on this Site; however, occasionally there may be information on this Site that contains typographical errors, inaccuracies, or omissions. In the event of an error, we reserve the right to correct such error and to revise any scheduled turn services accordingly, which may include removing or cancelling a scheduled turn service.
(b) Use of this Site may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We-turn is not responsible for any delays, delivery failures, or other damage resulting from such problems.
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14. Third Party Site Materials
We-Turn may provide third-party content on this Site and links to web pages and content of third parties (collectively, “Third-Party Site Materials”) as a service to those interested in this information. We do not control, endorse, or adopt any Third-Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that We-Turn is not responsible or liable in any manner for any Third-Party Site Materials and undertakes no responsibility to update or review such Third-Party Site Materials. You agree to use such Third-Party Site Materials contained therein at your own risk.
15. Advertisements and Promotions; Third-Party Products and Services
We-Turn may display advertisements and promotions from third parties on this Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in opportunities or promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. We-Turn is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-We-Turn advertisers or third-party information on this Site.
16. LinksWE-TURN WEBSITE TERMS OF USE – COMMUNITY
(a) You are granted a limited, non-exclusive right to create text hyperlinks to this Site for noncommercial purposes, provided such links do not portray We-Turn in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use We-Turn’s logo or other proprietary graphics to link to this Site without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any We-Turn trademark, service mark, logo, or other proprietary information, including the images found at this Site, the content of any text, or the layout/design of any page or form contained on a page on this Site without We-Turn’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of We-Turn or any third party.
(b) Third Party Websites. This Site contains links to third-party websites. These links are provided for convenience purposes only. We-Turn makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of embedded content, third-party websites accessible via hyperlink, or websites linking to this Site. Such websites are not under the control of We-Turn and We-Turn is not responsible for any embedded content or the content of any linked website or any link contained in a linked website, or any review, changes, or updates to such websites. We-Turn makes no warranties, either expressed or implied, concerning the content of such websites, including the operations, programming, and conduct of transactions over such websites. We-Turn does not warrant that such websites or content are free from copyright or other infringement or that such websites or content are devoid of viruses. We-Turn and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement, or adoption by We-Turn of any website, website owner, or any information contained therein.
(c) When you visit other sites via links or embedded content, you should understand that We-Turn’s terms and policies do not govern those sites and that the terms and policies of those third-party sites will apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site. We-Turn disclaims all liability of any kind whatsoever arising out of your use of, or inability to use, such third-party websites, the use of your information by such third parties, and the security of information you provide to such third parties.
17. Submission of Ideas
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information about We-Turn, this Site, and the services we offer (collectively, “Ideas”). You acknowledge and agree that any Ideas you provide to We-Turn are entirely voluntary, non-confidential, gratuitous, and non-committal. We-Turn shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send We-Turn Ideas if you expect to be paid or want to continue to own or claim rights in them.
18. Privacy
You agree to respect the privacy rights of other Site users by not publishing or harvesting personal information of others, including but not limited to names, employers, phone numbers, and email addresses, obtained from this Site. You further agree not to use any user’s personal information for your own personal use or for any use beyond the Site’s intended purpose.
19. Miscellaneous
(a) Governing Law; Venue
This Agreement shall be governed solely by the laws of the State of Florida, without reference to any conflicts of laws principle that would apply the substantive laws of another jurisdiction. You hereby irrevocably and unconditionally consent to submit to exclusive jurisdiction in Orange County, Florida.
WE-TURN WEBSITE TERMS OF USE – COMMUNITY
PLEASE READ THIS DOCUMENT CAREFULLY. BY CLICKING “I AGREE,” YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH BELOW.
This Website Terms of Use constitutes an agreement (this “Agreement”) by and between VENNET, LLC, a Florida limited liability company (“We-Turn” or “we”) and the individual person executing this Agreement (“you”). This Agreement is effective as of the date you electronically submit the website user registration form.
1. Introduction
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We-Turn operates a website, http://www.We-Turn.com (the “Site”) which connects apartment owners and managers (a “Community” or “Communities”) to vendors who provide turnkey services preparing vacant apartments for new renters to move in. Features of the Site include a dashboard which facilitates the scheduling of turn services between Communities and their preferred vendors. Certain portions of the Site, as designated by We-Turn, may only be accessed or used by users who agree to be bound by the terms of this Agreement.
2. Agreement
Your rights to access and use this Site are subject to the provisions of this Agreement. The intended purpose of this Site is to facilitate the scheduling of turn services between Communities and their vendors. You shall comply with all applicable laws, regulations, and rules in your use of the Site.
While We-Turn will do its best to enforce the terms of this Agreement, We-Turn cannot warrant or represent that other users will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.
3. Site Access and Usage
(a) Account Creation; Maintenance. In order to be authorized to schedule turn services on the Site, you must maintain an active user account on the Site and keep all account information current. You acknowledge and agree that your use of the Site may be further subject to the terms of additional agreements with We-Turn and with parties other than We-Turn (including without limitation, a vendor) related to the performance or scheduling of turn services at apartment communities (“Other Agreements”). Your use of this Site is conditioned upon your continued compliance with such Other Agreement(s). If you should, after any applicable grace period, breach or be in default under the terms of any Other Agreement, We-Turn may deem such breach or default as an event of default under this Agreement.
(b) Access and Use of Site Features. By entering into this Agreement, you are granted a revocable license, subject to all of the terms and conditions of this Agreement, to access and use certain portions of the Site, which may include the scheduling dashboard, tutorial videos, and blog. The scope of your Site access and use privileges may depend on the terms of any additional written agreement(s) entered into between you and We-Turn and/or between you and a vendor. YOU REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED BY THE COMMUNITY YOU IDENTIFY DURING ACCOUNT CREATION TO BIND SUCH COMMUNITY THROUGH YOUR USE OF THIS SITE AND IN THE EVENT YOUR AUTHORIZATION FROM SUCH COMMUNITY IS DISCONTINUED FOR ANY REASON WHATSOEVER (INCLUDING BUT NOT LIMITED TO A TERMINATION OF EMPLOYMENT) YOU AGREE TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND NOTIFY WE-TURN.
(c) Privileges Nontransferable; No Assignment. Each user account on this Site is personal to the individual who created it. Accordingly, you may not assign any rights under your account or this Agreement without the express written consent of We-Turn. Any such purported assignment, sublicense, or transfer of your account without We-Turn’s express written consent shall be deemed null and void and may cause your account to be suspended or terminated. Except to the extent forbidden in this paragraph, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
(d) Account Suspension; Termination. We-Turn expressly reserves the right to terminate or suspend your account if you fail to abide by the terms of this Agreement. Furthermore, notwithstanding any provision of this Agreement to the contrary, We-Turn reserves the right, without notice and in its sole discretion, to terminate your license to access or use certain portions or features of this Site and to block or prevent your future access to, and use of, this Site. The following provisions will survive any termination or suspension of your account: (a) any obligation incurred by you under this Agreement before such termination or suspension; and (b) any other provision of this Agreement that must survive to fulfill its essential purpose.
4. Account Security
You are responsible for maintaining the confidentiality of your account password and restricting access to your account. You agree not to disclose your password to anyone else. You are responsible and liable for any use of the Site through your account, whether authorized or unauthorized. You shall immediately notify We-Turn of any unauthorized use or any other breach of security you know about relating to your account. We-Turn shall have no liability for any loss or damage arising from your failure to comply with these requirements.
5. Confidential Information
(a) Confidentiality
To allow for the free exchange of information amongst a select group of Communities and vendors, you agree to treat all communications that take place on this Site as confidential. You agree to not disclose, copy, or transmit to individuals or entities who are not otherwise subject to this Agreement any messages or information posted on this Site, and you further agree not to use any such messages or information posted on this Site for any reason other than for the Site’s intended purpose as stated in Section 2 above. You agree and understand that this confidentiality provision does not create a binding obligation on the part of We-Turn to protect the confidentiality of information posted here or to act as insurers or guarantors of, or to accept liability for, the conduct of Site users. You therefore agree and acknowledge that you will not post any information on the Site which is private, personal, constitutes a trade secret, or which is otherwise so confidential or proprietary that its disclosure could cause you or others any economic or physical harm. Nothing in this Agreement shall prevent you from disclosing information obtained on this Site as compelled to do so by an applicable court of law or government agency.
(b) We-Turn’s Confidential Information
In the course of providing services via this Site, We-Turn may deliver to you content, materials, and other information that is confidential or proprietary to We-Turn or its licensors or which constitutes a “trade secret” of We-Turn or its licensors (“Confidential Information”). You agree that you will protect such Confidential Information from unauthorized disclosure and will use the same degree of care that you use to protect your own confidential information, but in no event less than a reasonable amount of care. You further agree that you will not publish, disseminate, or otherwise disclose such Confidential Information to any third party, and that you will not use Confidential Information to compete with We-Turn or in any way detrimental to We-Turn. Without limiting the generality of the foregoing, “Confidential Information” includes any and all Site materials, computer code, marketing and business plans, strategies, vendor lists, and customer lists, but does not include information in the public domain other than by reason of a breach of this Agreement. In the event you receive a subpoena or court order by a governmental authority to disclose any Confidential Information, you shall deliver prompt written notice to We-Turn and cooperate with We-Turn’s attempts to obtain a protective order or other similar protection for the Confidential Information. This Section 5 is intended to survive any susCommunity Manager registration user agreementpension or termination of your Site account.
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I created a new plugin Popupmaker in Admin Side. With the help of this popup is being opened when the user clicks on the term & condition.
6. Copyrights
(a) Unless otherwise indicated, this Site and all content and other materials therein, including, without limitation, all designs, text, graphics, pictures, information, data, software, sound files, video files (including audiovisual files), and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of We-Turn or its licensors and are protected by U.S. and international copyright laws.
(b) Subject to all of the terms and conditions of this Agreement, you are granted a limited, revocable, non-sublicensable license to access and use this Site and Site Materials only for the Site’s intended purpose as stated in Section 2 above. Such license does not include: (a) any resale or commercial use of this Site or Site Materials; (b) the collection and use of any service listings, pictures, videos, or descriptions; (c) the distribution, public performance, or public display of the Site and any Site Materials; (d) modifying or otherwise making any derivative uses of this Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Site, the Site Materials, or any information contained therein, except as expressly permitted on this Site. Any use of Community Manager registration user agreementthis Site or Site Materials other than as specifically authorized herein, without the prior written permission of We-Turn, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws and regulations, including, without limitation, those relating to intellectual property rights, trade, and communications. Except where explicitly stated in this Agreement, nothing in this Agreement shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated with the Site or Site Materials.
(c) By posting material on this Site you represent and warrant that you have obtained signed, written permission to post such material from the owners of all rights in such material; or that you are the sole owner of such material. Unless otherwise agreed in writing, as between you and We-Turn, you shall retain ownership of the copyrights in any original material that you post on this Site to the extent such material may be entitled to copyright protection. You agree to respect the copyrights of other users of this Site and agree not to reproduce, distribute, publicly display, or prepare derivative works based on any material posted at this Site without first obtaining the express permission of the copyright owner to do so.
7. Trademarks aCommunity Manager registration user agreementnd Service Marks
All trademarks, product names, and company names and logos appearing on this Site or in any materials relating to the services or products shown on this Site are the property of their respective owners.Community Manager registration user agreement
8. Content Policy
(a) All content and material posted to the Site is subject to approval by We-Turn. It is the policy of We-Turn to not tolerate any acts of intellectual property infringement or violations of U.S. law or to allow any material which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable, to be posted on this Site. We will do our best, in good faith, to purge or otherwise restrict the availability of such material. The provisions of this Section 8 are intended to implement this policy but are not intended to impose a contractual obligation on We-Turn to undertake, or refrain from undertaking, any particular course of conduct.
(b) You agree that We-Turn has the right to investigate any complaint received and, at any time and for any reason, with or without cause, to remove any material which you post to this Site with or without your permission, in our sole discretion. By reserving this right, We-Turn does not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.
Now term and condition is showing inside a modal popup.
I created a new plugin Popupmaker in Admin Side. With the help of this popup is being opened when the user clicks on the term & condition.
(c) We-Turn does not obligate itself to maintain this Site, or to maintain it in its present form. You agree and understand that We-Turn may, in its sole discretion and without any prior notice, close this Site and delete any files which you may maintain at this Site and any information which you may choose to post here. You should keep a backup copy of any material which you post to this Site.
9. Assumption of Risk
YOU EXPRESSLY AGREE THAT YOUR ACCESS AND/OR USE OF THIS SITE IS AT YOUR SOLE RISK. Although We-Turn may provide recommendations, you acknowledge that you have independently selected the benefits, opportunities, and services you accept based on your own due diligence.
10. DISCLAIMER OF WARRANTIES
(a) ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY WE-TURN AND ITS AFFILIATES. THIS SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 10 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION 10 SHALL BE CONSTRUED TO TAKE PRECEDENCE.
(b) YOU ACKNOWLEDGE THAT WE-TURN IS NOT AN OWNER, OPERATER, OR MANAGER OF ANY OF THE VENDORS OR COMMUNITIES LISTED ON THIS SITE AND THAT WE-TURN DOES NOT MAKE AND IS NOT AUTHORIZED TO MAKE ANY WARRANTY WITH RESPECT TO ANY TURN SERVICES OFFERED OR REQUESTED ON THIS SITE. WE-TURN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS WEBSITE. WE-TURN DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, (B) THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA, OR INFORMATION OBTAINED BY YOU THROUGH WE-TURN OR THE SITE WILL BE ACCURATE OR RELIABLE OR ERROR-FREE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER BENEFITS OR OPPORTUNITIES OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Indemnification
You agree to indemnify, defend, and hold harmless We-Turn, its officers, directors, agents, and employees from and against any and all claims, demands or liability for personal injury (including injury resulting in death) or damage to property arising out of your breach of this Agreement or due to the negligent or willful acts or omissions, including gross negligence and willful misconduct, of you or your employees or agents, in scheduling turn services through this Site.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL WE-TURN BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. THE LIABILITIES LIMITED BY THIS SECTION 12 APPLY TO THE BENEFIT OF WE-TURN’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF WE-TURN IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
13. Errors and Internet Issues.
(a) You acknowledge and agree that much of the content on the Site is provided by Communities, vendors, and other third parties, and not by We-Turn. We strive to provide accurate information on this Site; however, occasionally there may be information on this Site that contains typographical errors, inaccuracies, or omissions. In the event of an error, we reserve the right to correct such error and to revise any scheduled turn services accordingly, which may include removing or cancelling a scheduled turn service.
(b) Use of this Site may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We-turn is not responsible for any delays, delivery failures, or other damage resulting from such problems.
14. Third Party Site Materials
We-Turn may provide third-party content on this Site and links to web pages and content of third parties (collectively, “Third-Party Site Materials”) as a service to those interested in this information. We do not control, endorse, or adopt any Third-Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that We-Turn is not responsible or liable in any manner for any Third-Party Site Materials and undertakes no responsibility to update or review such Third-Party Site Materials. You agree to use such Third-Party Site Materials contained therein at your own risk.
15. Advertisements and Promotions; Third-Party Products and Services
We-Turn may display advertisements and promotions from third parties on this Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in opportunities or promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. We-Turn is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-We-Turn advertisers or third-party information on this Site.
16. Links
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(a) You are granted a limited, non-exclusive right to create text hyperlinks to this Site for noncommercial purposes, provided such links do not portray We-Turn in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use We-Turn’s logo or other proprietary graphics to link to this Site without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any We-Turn trademark, service mark, logo, or other proprietary information, including the images found at this Site, the content of any text, or the layout/design of any page or form contained on a page on this Site without We-Turn’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of We-Turn or any third party.
(b) Third Party Websites. This Site contains links to third-party websites. These links are provided for convenience purposes only. We-Turn makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of embedded content, third-party websites accessible via hyperlink, or websites linking to this Site. Such websites are not under the control of We-Turn and We-Turn is not responsible for any embedded content or the content of any linked website or any link contained in a linked website, or any review, changes, or updates to such websites. We-Turn makes no warranties, either expressed or implied, concerning the content of such websites, including the operations, programming, and conduct of transactions over such websites. We-Turn does not warrant that such websites or content are free from copyright or other infringement or that such websites or content are devoid of viruses. We-Turn and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement, or adoption by We-Turn of any website, website owner, or any information contained therein.
(c) When you visit other sites via links or embedded content, you should understand that We-Turn’s terms and policies do not govern those sites and that the terms and policies of those third-party sites will apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site. We-Turn disclaims all liability of any kind whatsoever arising out of your use of, or inability to use, such third-party websites, the use of your informatioID: n by such third parties, and the security of information you provide to such third parties.
17. Submission of Ideas
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information about We-Turn, this Site, and the services we offer (collectively, “Ideas”). You acknowledge and agree that any Ideas you provide to We-Turn are entirely voluntary, non-confidential, gratuitous, and non-committal. We-Turn shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send We-Turn Ideas if you expect to be paid or want to continue to own or claim rights in them.
18. Privacy
You agree to respect the privacy rights of other Site users by not publishing or harvesting personal information of others, including but not limited to names, employers, phone numbers, and email addresses, obtained from this Site. You further agree not to use any user’s personal information for your own personal use or for any use beyond the Site’s intended purpose.
19. Miscellaneous
(a) Governing Law; Venue
This Agreement shall be governed solely by the laws of the State of Florida, without reference to any conflicts of laws principle that would apply the substantive laws of another jurisdiction. You hereby irrevocably and unconditionally consent to submit to exclusive jurisdiction in Orange County, Florida.
(b) Severability
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement is held invalid or unenforceable in whole or in part, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of the other provisions of this Agreement. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
(c) No Waiver
The failure of We-Turn to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by an authorized representative of We-Turn in writing.
(d) Independent Contractors
Each party shall be regarded as an independent contractor for all purposes, and shall represent such status to third parties. This Agreement shall not make either party an agent, employee, partner, or joint venturer of or with the other, and neither party shall bind or transact business in the other’s name, or make representations or commitments on the other’s behalf without prior written approval by an authorized representative of such party.
(e) No Third-Party Beneficiaries
This Agreement is for the exclusive benefit of you and We-Turn. No third party will be entitled to assert third-party beneficiary status or otherwise make a claim under this Agreement. Your licensors, suppliers, and subcontractors shall not be third party beneficiaries under this Agreement.
(f) Interpretation
The captions and headings of this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. This Agreement shall govern and control in the case of any inconsistency between it and any purchase order, confirmation, or other document or communication issued by either party, except where otherwise expressly stated therein.
(g) Notices
We-Turn may give notice by means of a general notice on this Site, or electronic mail to your e-mail address on record in We-Turn’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in We-Turn’s records. Such notices to you will be deemed received 24 hours after they are sent. Notices to We-Turn pursuant to this Agreement shall be sent to: Capitol Corporate Services, Inc., c/o VENNET, LLC, 515 E. Park Ave, Second Floor, Tallahassee, Florida, 32301, and such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting if sent by U.S. first class mail, postage prepaid, certified return receipt requested; or upon receipt when delivered by a nationally recognized overnight courier service.
(h) Remedies
Any and all rights, remedies, and options given in this Agreement to We-Turn shall be cumulative and in addition to and without waiver of, or in derogation of, any right or remedy given to it under this Agreement or any law now or hereafter in effect.
(i) Modifications to Agreement
You agree that We-Turn may modify the terms of this Agreement in our sole discretion. If We-Turn does so, we will notify you by email at the address you have provided to We-Turn or by posting a notice on the Site for thirty (30) consecutive days in advance of the effective date of any modification to this Agreement. You agree to log on to this Site at least once every thirty (30) days, to review any email you may receive from us, and to notify us promptly in the event your email address changes. Otherwise, it will be your responsibility and obligation to review this Agreement whenever you access this Site, to determine if there have been any changes to this Agreement. You may notify We-Turn at any time before any modification takes effect to advise We-Turn that you do not accept the proposed modification. If We-Turn does not receive such a communication from you in the time prescribed, the modification will be deemed to have been accepted by you. You agree and understand that We-Turn reserves the right to unilaterally terminate your account or otherwise deny you access to this Site in the event that you decline to be bound by any proposed modifications to this Agreement.
21. Dispute Resolution/ARBITRATION
(a) ARBITRATION. IN THE EVENT OF A DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY DISPUTE CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, ENFORCEABILITY OR BREACH OF THE AGREEMENT, SUCH DISPUTE SHALL BE SETTLED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. The complaining party shall notify the other party in writing with a demand for arbitration, but in no event shall the demand be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute, or breach. The notice shall bear a current date and shall briefly state the matter(s) to be arbitrated. The parties shall commence any arbitration as promptly as reasonably possible after the other party has received notice of arbitration. The number of arbitrators shall be one. The place of arbitration shall be in Orange County, Florida. Florida law shall apply (without regard to its conflicts of law principles). Arbitrable matters shall include matters concerning the scope, construction and enforcement of this Section 21. Notwithstanding any other provision of this Agreement, either party may bring suit in a court of competent jurisdiction: (a) to petition a court for injunctive relief with respect to a matter arising under or relating to the Agreement, including without limitation a proceeding to compel arbitration; or (b) to obtain judicial enforcement of an order granted by an arbitrator under this section. The arbitrator shall set forth his or her award in writing and shall include the facts and reasoning upon which the award is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
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(b) ARBITRATION EXPENSES. Except as otherwise provided in this Section 21b, each party shall bear its own expenses, including attorneys’ fees, in any arbitration under this section. If an arbitrator determines that a party has initiated an arbitration under this section without a reasonable basis for doing so or that any claim, argument or other action of a party in the arbitration is unreasonable, the arbitrator shall to that extent assess against that party the expenses incurred by the other party in connection with the arbitration, including reasonable attorneys’ fees and fees payable to the arbitrator.
(c) GENERAL ARBITRATION PROVISIONS. The parties shall maintain in confidence: (a) the fact that they are engaging or have engaged in arbitration under this section; (b) all confidential information disclosed by each party to the other and to the arbitrator during the arbitration. No settlement offer by either member during any arbitration under this section shall be discoverable or binding in any other proceeding. Each party shall perform the party’s obligations under the Agreement during any arbitration under this section, unless (i) the members agree otherwise in writing at the time of the arbitration, or (ii) ordered otherwise by an arbitrator under this section.
THE PERSON EXECUTING THIS AGREEMENT REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ACT ON BEHALF OF AND BIND THE COMMUNITY ON THE SITE.
(b) Severability
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement is held invalid or unenforceable in whole or in part, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of the other provisions of this Agreement. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
(c) No Waiver
The failure of We-Turn to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by an authorized representative of We-Turn in writing.
(d) Independent Contractors
Each party shall be regarded as an independent contractor for all purposes, and shall represent such status to third parties. This Agreement shall not make either party an agent, employee, partner, or joint venturer of or with the other, and neither party shall bind or transact business in the other’s name, or make representations or commitments on the other’s behalf without prior written approval by an authorized representative of such party.
(e) No Third-Party Beneficiaries
This Agreement is for the exclusive benefit of you and We-Turn. No third party will be entitled to assert third-party beneficiary status or otherwise make a claim under this Agreement. Your licensors, suppliers, and subcontractors shall not be third party beneficiaries under this Agreement.
(f) Interpretation
The captions and headings of this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. This Agreement shall govern and control in the case of any inconsistency between it and any purchase order, confirmation, or other document or communication issued by either party, except where otherwise expressly stated therein.
(g) Notices
We-Turn may give notice by means of a general notice on this Site, or electronic mail to your e-mail address on record in We-Turn’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in We-Turn’s records. Such notices to you will be deemed received 24 hours after they are sent. Notices to We-Turn pursuant to this Agreement shall be sent to: Capitol Corporate Services, Inc., c/o VENNET, LLC, 515 E. Park Ave, Second Floor, Tallahassee, Florida, 32301, and such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting if sent by U.S. first class mail, postage prepaid, certified return receipt requested; or upon receipt when delivered by a nationally recognized overnight courier service.
(h) Remedies
Any and all rights, remedies, and options given in this Agreement to We-Turn shall be cumulative and in addition to and without waiver of, or in derogation of, any right or remedy given to it under this Agreement or any law now or hereafter in effect.
(i) Modifications to Agreement
You agree that We-Turn may modify the terms of this Agreement in our sole discretion. If We-Turn does so, we will notify you by email at the address you have provided to We-Turn or by posting a notice on the Site for thirty (30) consecutive days in advance of the effective date of any modification to this Agreement. You agree to log on to this Site at least once every thirty (30) days, to review any email you may receive from us, and to notify us promptly in the event your email address changes. Otherwise, it will be your responsibility and obligation to review this Agreement whenever you access this Site, to determine if there have been any changes to this Agreement. You may notify We-Turn at any time before any modification takes effect to advise We-Turn that you do not accept the proposed modification. If We-Turn does not receive such a communication from you in the time prescribed, the modification will be deemed to have been accepted by you. You agree and understand that We-Turn reserves the right to unilaterally terminate your account or otherwise deny you access to this Site in the event that you decline to be bound by any proposed modifications to this Agreement.
21. Dispute Resolution/ARBITRATION
(a) ARBITRATION. IN THE EVENT OF A DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY DISPUTE CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, ENFORCEABILITY OR BREACH OF THE AGREEMENT, SUCH DISPUTE SHALL BE SETTLED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. The complaining party shall notify the other party in writing with a demand for arbitration, but in no event shall the demand be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute, or breach. The notice shall bear a current date and shall briefly state the matter(s) to be arbitrated. The parties shall commence any arbitration as promptly as reasonably possible after the other party has received notice of arbitration. The number of arbitrators shall be one. The place of arbitration shall be in Orange County, Florida. Florida law shall apply (without regard to its conflicts of law principles). Arbitrable matters shall include matters concerning the scope, construction and enforcement of this Section 21. Notwithstanding any other provision of this Agreement, either party may bring suit in a court of competent jurisdiction: (a) to petition a court for injunctive relief with respect to a matter arising under or relating to the Agreement, including without limitation a proceeding to compel arbitration; or (b) to obtain judicial enforcement of an order granted by an arbitrator under this section. The arbitrator shall set forth his or her award in writing and shall include the facts and reasoning upon which the award is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(b) ARBITRATION EXPENSES. Except as otherwise provided in this Section 21b, each party shall bear its own expenses, including attorneys’ fees, in any arbitration under this section. If an arbitrator determines that a party has initiated an arbitration under this section without a reasonable basis for doing so or that any claim, argument or other action of a party in the arbitration is unreasonable, the arbitrator shall to that extent assess against that party the expenses incurred by the other party in connection with the arbitration, including reasonable attorneys’ fees and fees payable to the arbitrator.
(c) GENERAL ARBITRATION PROVISIONS. The parties shall maintain in confidence: (a) the fact that they are engaging or have engaged in arbitration under this section; (b) all confidential information disclosed by each party to the other and to the arbitrator during the arbitration. No settlement offer by either member during any arbitration under this section shall be discoverable or binding in any other proceeding. Each party shall perform the party’s obligations under the Agreement during any arbitration under this section, unless (i) the members agree otherwise in writing at the time of the arbitration, or (ii) ordered otherwise by an arbitrator under this section.
THE PERSON EXECUTING THIS AGREEMENT REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ACT ON BEHALF OF AND BIND THE COMMUNITY ON THE SITE.
