Terms of Use
Last updated and effective as of: January 13, 2020
IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Sun Coast Property Management, LLC AND ITS SUCCESSORS AND ASSIGNS (COLLECTIVELY, “Suncoast Property Management”). PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY LOCATED AT https://southernimpressionhomes.com/privacy-policy/ (THE “PRIVACY POLICY”) CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE AND ITS SERVICES. BY REGISTERING WITH THIS WEBSITE OR USING THIS WEBSITE OR THE SERVICE PROVIDED HEREIN, you are indicating your acceptance of these TERMS OF USE and the privacy policy AND your INTENT TO BE LEGALLY BOUND HEREBY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE AND ITS SERVICE. YOU MAY NOT USE THIS WEBSITE OR THE SERVICE UNLESS YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER.
Southern Impression Homes owns and operates the website at www.southernimpressionhomes.com (the “Website”). Southern Impression Homes may modify these Terms of Use at any time. The date of the last revision of these Terms of Use is set forth above at the top of this page and should be checked by you periodically. Your continued use of the Website after changes have been posted to these Terms of Use will constitute your acceptance of all such changes.
THESE TERMS OF USE CONTAIN LIMITATIONS ON Southern Impression Homes’ LIABILITY AND DAMAGES RECOVERABLE BY YOU, WAIVERS OF WARRANTIES AND OF INDIVIDUAL CLASS ACTION AND JURY TRIALS AND THE EXCLUSIVE FORUM AND VENUE FOR DISPUTES IS ARBITRATION WHICH WILL TAKE PLACE IN JACKSONVILLE, DUVAL COUNTY, FLORIDA.
In addition to these Terms of Use, please also review our Privacy Policy for information about our commitment to protecting your privacy.
SunCoast Property Management offers you access to the data contained on this Website solely for your use in learning about SunCoast Property Management’s services and offerings, and you agree to access this Website only for purposes permitted by these Terms of Use.
1. Representations and Warranties by You
2. Use of Site Materials
3. Your Use of the Website
SunCoast Property Management reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent future access to and use of the Website. The foregoing license grant does NOT, without the prior express written permission of SunCoast Property Management, include the right for you to:
- publish, publicly perform or display, or distribute to any third party any Site Materials, including reproduction on any computer network or broadcast or publications media;
- market, sell or make commercial use of the Website or any Site Materials;
- systematically collect and use any data or content including through the use of any spiders, scrapers, robots, or similar data gathering, mining or extraction methods;
- make derivative uses of the Website or the Site Materials; or
- use, frame or utilize framing techniques to enclose any portion of this Website (including the images found at this Website or any text or the layout/design of any page or form contained on a page).
You will use your best efforts to cooperate with SunCoast Property Management on reasonable terms and conditions in the event SunCoast Property Management deems it necessary to seek to enjoin or otherwise prohibit the unauthorized use of the Site Materials by a third party, which use may have resulted from your access to this Website.
4. Intellectual Property
This Website contains proprietary information that that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. If you believe that any content posted to, or linked from, the Website infringes upon your copyright rights, please consult section 16 set forth below.
5. Disclaimer of Warranties
All content on this website is provided “as is”, “with all faults” and “as available” and without warranties of any kind or nature either express or implied or guaranties with regard to the appropriateness, accuracy, sufficiency, veracity, value, completeness, or timeliness of the website content. Suncoast property management disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither suncoast property management, its affiliated or related entities, nor any person involved in the creation, production, and distribution of this website warrant that the functionality available on this website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on this website is provided solely for your convenience and information only. You understand that it is your responsibility to verify any information provided on or through this website. Suncoast property management does not warrant or make any representations regarding the results that may be obtained from the use of this website, or as to the reliability, accuracy or currency of any information content, or service pursuant to your use of this website.
6. Limitation of Liability and Damages
If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.
Electronic transmissions, including the internet, are public media, and any use of such media is public and not private. Information related to or arising from such use is public, or the property of those collecting information, and not personal or private information.
7. Indemnification of SunCoast Property Management
8. Injunctive and Equitable Relief
9. No Relationship With You
10. Governing Law and Venue
11. Dispute Resolution
The parties hereto hereby stipulate that these Terms of Use involve and impact interstate commerce. In the event of any dispute or claim arising between SunCoast Property Management and you, the parties shall first attempt to resolve the dispute through direct negotiation and discussion between senior management personnel. If the matter is not resolved within 10 days, SunCoast Property Management and you knowingly, voluntarily and irrevocably agree that any controversy or claim arising between them, INCLUDING THOSE CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE OR THE SITE MATERIALS, shall be resolved EXCLUSIVELY by BINDING ARBITRATION in Jacksonville, Duval County, Florida, under the rules of the American Arbitration Association, which arbitration shall be governed by and enforceable under the Federal Arbitration Act, and judgment on the award may be entered by any court having jurisdiction thereof. NO CLAIMS MAY BE BROUGHT AS A CLASS ACTION, ON A CONSOLIDATED BASIS OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. The parties acknowledge and agree that any dispute about the enforceability or scope of these Terms of Use to arbitrate shall be decided by the arbitrator. All arbitration proceedings shall be maintained in strict confidence. The parties’ mutual promises contained herein, including to arbitrate certain disagreements, rather than litigate them before courts or other bodies, provide consideration for each other for this entire clause.
12. No class actions and waiver of jury trial
With respect to all persons and entities, regardless of whether they have obtained or used the website, the site materials or services for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. You agree that, by entering into these terms of use, you and suncoast property management are each waiving the right to a trial by jury in any action, proceeding, counterclaim or cross-claim brought by suncoast property management or you, and are also waiving the right to participate in or be represented in any class action, collective action, private attorney general action, or other representative proceeding of any kind.
13. Cooperation with Law Enforcement
SunCoast Property Management reserves the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing SunCoast Property Management to disclose any content, data, information, the identity of anyone posting content or using this Website or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE, YOU WAIVE, RELEASE AND HOLD SunCoast Property Management AND SunCoast Property Management’S AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SunCoast Property Management DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SunCoast Property Management OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.
14. Additional Terms
The waiver of a breach of these Terms of Use or the failure of a party to exercise any right under these Terms of Use shall only be effective if in writing. In no event shall any waiver constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right under these Terms of Use. These Terms of Use constitute the entire, complete and only agreement between the parties regarding the subject matter contained herein and supersedes all proposals or prior agreements, whether oral or written, and all other communications between the parties relating to this subject matter. Any modification of any term or condition of these Terms of Use shall be effective only if in writing and signed by authorized representatives of all parties. No other act, usage or custom shall be deemed to modify these Terms of Use. Whenever possible, each provision of these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of these Terms of Use or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible. Otherwise, such provision shall be severed and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of these Terms of Use or the application of the provision to the other parties or other circumstances. The parties acknowledge and agree that headings, titles and captions for particular paragraphs, sections and subsections of these Terms of Use have been inserted solely for reference purposes and should not be used to interpret or construe the terms of these Terms of Use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any and all communications and dealings between you, SunCoast Property Management relating to the Website and these Terms of Use may be conducted through electronic means.
15. Your Submissions to the Website
Some of the services offered by SunCoast Property Management on the Website and other and related websites and internet domain names that may be operated by SunCoast Property Management or any of its affiliates or related companies (collectively, the “Sites”) may allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material and content (collectively “Submissions”) to the Sites, including, but not limited to, information, data, content images, video and other files and materials.
A. Inappropriate Submissions
You agree not to post any Submission to the Sites that: contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; unfairly interferes with any third party’s uninterrupted use and enjoyment of the Sites; advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Sites, is intended primarily to promote a cause or movement, whether political, religious or other; contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content; constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor; infringes any copyright, trademark, patent, trade secret, or other intellectual property right; contains viruses or other harmful, disruptive or destructive files; or is inappropriate for minors to view; links to any commercial or other website; contains any content that is unlawful or in appropriate as determined by SunCoast Property Management in its sole and absolute discretion; and/or is not otherwise in compliance with these Terms of Use applicable to a SunCoast Property Management operated Site.
B. Your Representations and Warranties
Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:
- You are the author of the Submission or the owner of all copyright and other intellectual property rights therein, or
- The Submission is not protected by copyright law, or
- You have express permission from the copyright and other intellectual property rights owner to use the Submission in connection with the Sites; and you have the right to grant SunCoast Property Management the license set forth below, and your use of the Site(s) and Submission(s) do not violate SunCoast Property Management’s Terms of Use applicable to the Site(s) to which you post the Submission.
C. License Grant to SunCoast Property Management
You grant SunCoast Property Management, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, create derivative works, display, store, publish, transmit, perform, distribute, reproduce any Submissions you provide to SunCoast Property Management in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize SunCoast Property Management to include the Submissions you provide in a searchable format that may be accessed by users of the Sites. You also grant SunCoast Property Management and its related entities the right to use any of your information, which use is also described in our Privacy Policy, included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant to SunCoast Property Management the right to use the Submission and any facts, ideas, concepts, know-how or techniques contained in any Submission or communication you send to SunCoast Property Management for any purpose whatsoever, including but not limited to, developing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Sites, without compensation of any sort to you.
D. Disclaimer of Responsibility for Submissions
SunCoast Property Management does not endorse any Submissions, nor does any Submission necessarily represent the views of SunCoast Property Management or their subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that SunCoast Property Management does not control all Submissions, and disclaims any responsibility for such Submissions. SunCoast Property Management specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, SunCoast Property Management does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free. SunCoast Property Management does not assume any responsibility or liability for any errors or omissions in the content of the Sites or in any Submissions.
E. Review and Removal of Submissions
SunCoast Property Management reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions.
16. Digital Millennium Copyright Act (DMCA) Procedure
A. DMCA Complaints
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States Copyright Law. If you believe in good faith that Submissions infringe your copyright, you (or your agent) may send SunCoast Property Management a notice requesting that the Submission(s) be removed from the Site(s), or access to it be blocked. The notice must include the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow SunCoast Property Management to locate the Submission(s);
- the name, address, telephone number and email address (if available) of the complaining party so it may be contacted;
- a statement that the complaining party has a good faith belief that use of the Submission in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Complaints must meet the then current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA Complaints concerning materials on Sites should be sent to SunCoast Property Management’s Designated Agent to receive notification:
Sun Coast Property Management, LLC
ATTN: DMCA Complaint
5711 Richard Street, Suite 1
Jacksonville, FL 32216
Attn: Ariane Godby
You may also send the required information by email to cjanger@k3w.78e.myftpupload.com with “DMCA Complaint” in the subject line.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material on a website is infringing the copyrights of others. If you are uncertain whether material on a website is infringing, SunCoast Property Management recommends seeking advice of an attorney.
B. DMCA Counter Notification
If SunCoast Property Management removes or disables access to content in response to a DMCA Complaint, SunCoast Property Management will make reasonable attempts to contact the owner of the removed or disabled content, or the owner’s agent. If SunCoast Property Management removed your material pursuant to another person’s DMCA Complaint and you contend that such material does not infringe upon another’s copyright rights, you may provide SunCoast Property Management with a counter-notification containing the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- your name, address and telephone number;
- a statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which SunCoast Property Management may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
- a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; and
- your physical or electronic signature.
You must send this notification to the following address:
Sun Coast Property Management, LLC
ATTN: DMCA Complaint
5711 Richard Street, Suite 1
Jacksonville, FL 32216
Attn: Ariane Godby
You may also send the required information by email to cjanger@k3w.78e.myftpupload.com with “DMCA Counter Notification” in the subject line.
In addition to the foregoing, the DMCA Counter Notification should contain all of the necessary information required by the DMCA, which can be found at http://www.copyright.gov/. Please note, however, that this is not a substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.