Terms of UseWelcome. We are delighted to welcome you to the website of the Bay Point Marina (“ Marina”). This document constitutes the terms upon which you may use this Marina site and the services provided thereon (the “Terms of Use”). The site and services thereon are 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. Ownership. The Marina is owned by The St. Joe Company (“Parent”) and managed by Coastal Marina Management, LLC (“Manager”). The Bay Point Resort, its golf courses, restaurants and spas (“Bay Point”) are owned by an entity which is not affiliated with the Marina, Parent or Manager. Marina, Parent and Manager hereby disclaim any representations made by or about Bay Point or the quality of its product or services. Use Limitations . The purpose of this site is to provide you with information about the Marina, its affiliates, and their services and products. 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 Marina, Parent, Manager, their affiliates or others or in any way that is prohibited by these Terms of Use. The Marina 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 of the Marina site, and especially before providing any personal information to the Marina or on any interactive portions of any of the Marina site. Changes in Terms of Use and in site . The Marina 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. Privacy Policy . Use of any information gathered from or about you through this site shall be governed by this Terms of Use and this Privacy Policy. The Marina 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 Marina, Parent, Manager, their 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 this Privacy Policy. Monitoring use of the site . Marina 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. Marina reserves the right to modify, remove, and prevent conduct, communication, or content which it deems in its discretion may be harmful to the Marina, Parent, Manager, their 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 Marina, or post any such Suggestions in the interactive portions of the site, the Marina reserves the right to use such Suggestions in its discretion, with no compensation to you. However, use by the Marina of information by which you may be identified, such as your name and address, will be governed by the Privacy Policy. Interactive Services . The Marina 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. The Marina 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 Marina 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 (i) restrict or inhibit any other user from using and enjoying the site or service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, pornographic, or sexually explicit, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law, (iv) violate or infringe the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right,
(b) you will use the site and service in accordance with this Terms of Use; and (c) you shall be responsible for any use of your password by others and for any charges incurred by others to whom you have given such password or the use of your credit card or similar payment mechanisms. 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 Marina, nor any obligation of the Marina 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 Marina, Parent, Manager and their affiliates, and any of the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of the Marina, Parent, Manager and/or their 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, your violation of the Terms of Use, or your infringement of any intellectual property or other right of the Marina, Parent, Manager, their affiliates or any person or entity. In the event of any claim, the Marina 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 Marina. 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 or material of this site material on the site infringes your or another’s copyright, please contact our Copyright Agent (address below) with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) 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; (iii) identification of the URL or other specific location on the site where the material that you claim is infringing is located; (iv) your address, telephone number and email address; (v) 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; (vi) 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 Christine Marx, General Counsel, The St. Joe Company. Who may be contacted as follows: 245 Riverside Avenue Termination of Access . You acknowledge that the Marina may terminate your access to any of its sites at any time, with or without cause. Waiver . Any waiver by the Marina of any provision of the Terms of Use will be effective only if in writing and signed by the Marina. Assignment . Your rights and obligations under this Terms of Use and in using the site may not be assigned or transferred. Equal Employment . The Marina is committed to Equal Employment Opportunity. Entire Agreement : This Terms of Use (including, without limitation, the Privacy Policy 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. The following provisions are part of this Terms of Use. Please review each of them carefully before using our site: Copyright and Trademark Notices Securities Disclaimers and Forward Looking Statements THE INFORMATION AND OTHER MATERIAL PUBLISHED ON THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. Marina 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 Marina , pARENT, Manager AND THEIR 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 Marina 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 Marina DOES NOT AND CANNOT REVIEW ALL MATERIALS AND INFORMATION POSTED ON INTERACTIVE PORTIONS, IF ANY, OF THIS SITE AND IS NOT RESPONSIBLE FOR INFORMATION POSTED BY USERS, INCLUDING, WITHOUT LIMITATION, USERS OF THE TOWNTALK SERVICE. HOWEVER, THE Marina 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 Marina’S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS OF USE. IN NO EVENT WILL THE Marina, PARENT, MANAGER OR ANY OF THEIR 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 Marina, PARENT, MANAGER OR THEIR 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. This site may from time to time contain links to other Internet sites operated by third parties. These links are provided for your convenience only. The Marina is not responsible for the content, services, or products of or offered on sites that you may access through such links. Such links do not constitute endorsements by the Marina of such sites, their content or any products or services made available thereon, or any association with their operators. Linking to the Marina site, and/or framing any portions of the Marina site without Marina’s express written permission, is prohibited. The Marina is an equal opportunity employer. Nothing contained herein, stated or implied, shall be construed as an offer, contract or condition of employment. No material contained herein shall constitute a representation, contract, policy or manual for existing employees, such being the subject of the employment documents, if any, entered into and signed at the time of employment by an officer of the Marina. All other employees are hired “at will” and may be terminated at any time, with or without cause pursuant to the Marina’s then existing needs. This Terms of Use shall be governed by the laws of the State of Florida, without application of its conflicts of laws principles. Except for equitable relief, any and all disputes arising hereunder shall be submitted to binding arbitration in Bay County, Florida, in accordance with the rules of the American Arbitration Association and shall be arbitrated on an individual basis (and not consolidated with any claim of any other party). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall not commence until the party requesting it has deposited One Thousand and No/100 U.S. Dollars ($1,000.00) with the arbitrators as a retainer for the arbitrators’ fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrators to pay the arbitrators’ fees and costs, until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. In any action seeking equitable relief in connection with this site, you hereby consent to the exclusive jurisdiction of the state and federal courts located in Bay County, Florida. COPYRIGHT AND TRADEMARK NOTICES The compilation copyright to this site, the design and appearance of this web site, and all of the materials and content on this web site, including without limitation, all text, graphics, drawings, images, charts, pictures, maps, photographs, images, line art, icons and renditions are owned or licensed by the Marina, Parent, Manager or their affiliates or authorized by owner or licensee of said materials. These materials are protected by federal law against unauthorized copying and reproduction. Any use, reproduction or distribution of material from this site (except as permitted herein) without written permission of the Marina is expressly prohibited. You may download one copy of the downloadable items displayed on this site for your personal, noncommercial review only, provided that you maintain all copyright and other notices contained in such content and make no other use thereof. All other use, and all copying and reproduction thereof, is strictly prohibited. Anyone who prints, downloads, copies or otherwise communicates information from this web site is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated and to ensure their compliance thereto, and further agrees to hold the Marina, Parent, Manager and their affiliates harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use. All the Marina, Parent, Manager and their affiliates’ company names, community names and design logos appearing on this site, including, without limitation St. Joe®, St. Joe and Taking Flight design Bay Point Marina and design, are federally registered service marks of the Marina, Parent, Manager or their affiliates. SECURITIES DISCLAIMERS AND FORWARD LOOKING STATEMENTS The materials and information contained on this site do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities in Marina, Parent, Manager or any of their affiliates. Furthermore, this site may contain information and press releases about and by the Marina, Parent, Manager or their affiliates. Although this information was believed to be accurate as of the date prepared by the Marina, Parent or Manager, Marina, Parent and Manager disclaim any duty or obligation to update such 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, such information is intended to fit within the ‘safe harbor’ provided therein. Such forward looking statements are subject to material risk factors which may or may not be disclosed herein. Forward looking statements are not guarantees of performance. You are cautioned not to place undue reliance on forward looking statements, which speak only as of the date made. This site is not intended to make any investment representations about Parent or its affiliates and should not be viewed as such. |
SITE MAP | TERMS OF USE