ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF THE SELLER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES. TO BE FURNISHED BY A SELLER TO A BUYER OR LESSE. This project has been filed in the state of Florida and no other state. This is not an offer to sell or solicitation of offers to buy the condominium units in states where such offer or solicitation cannot be made. Prices and availability are subject to change at any time without notice.
By visiting, using and/or submitting information to any of our Services, you agree to be bound by the terms and conditions of this agreement (this "Agreement") and the Privacy Policy located on the Services (the "Privacy Policy"). The term "Services" means, collectively, various websites, applications, email notifications and other mediums, or portions of such mediums, through which you have accessed this Agreement.
Please read this Agreement carefully. This Agreement contains an agreement to arbitrate all claims as well as disclaimers of warranties and liability.
The Enchantment, LLC Group LLC (hereinafter referred to as "Enchantment, LLC," "us," "we," or "our") is providing you with these Services to familiarize you with Enchantment, LLC, and its products and services. The Services are not intended to constitute an offer or solicitation. Because some jurisdictions require prior registration or other qualifications of real estate before solicitation is allowed, Enchantment, LLC's responses to your inquiries may be prohibited or limited. You agree that content or information provided to you on or via the Services is void where prohibited by law.
Consideration and Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to or from the Services.
You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, Enchantment, LLC may monitor your access and use of the Services in accordance with the Privacy Policy.
Your Access and Use of the Services
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Enchantment, LLC, in its sole discretion and without prior notice, may elect to take. Enchantment, LLC reserves the right to suspend or discontinue the availability of the Services and/or any portion or feature of the Services at any time in its sole discretion and without prior notice.
Any action by you that, in Enchantment, LLC's sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Services; or (iii) through the use of the Services, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Services. You shall not meta-tag, provide links to, or frame the Services without Enchantment, LLC's prior express written permission of Enchantment, LLC.
The information contained on in the Services is for informational purposes only and shall not be construed or deemed to: (i) constitute an offer to sell any of the condo-hotels, services, or communities described or referred to on the Services, or (ii) be an offering or a solicitation in those states where prior registration is required. Offers to purchase our condo-hotels may only be made and accepted at the sales center located at the applicable community, and by execution of a written purchase contract by the parties thereto. In addition, if prior registration under the laws of your state is required, please understand that we may not be able to provide you with information.
The Services are not Intended for Minors
The Services are intended to be accessed and used only by adults and are not directed to children under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18 and you should not provide us with any information regarding any individual under the age of 18. You warrant that you are at least 18 years of age or, if living in a jurisdiction that maintains an older age of Majority, at least such an age.
Transmissions, Submissions and Postings to the Services
If you transmit, submit or post information to the Services that are not Federally trademarked and/or copyrighted, you automatically grant Enchantment, LLC and its affiliates the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from Enchantment, LLC to transmit, submit or post information to the Services that are Federally trademarked and/or copyrighted, you automatically grant Enchantment, LLC and its affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation the Content.
You shall not transmit, submit or post the following to the Services:
· Information that infringes Enchantment, LLC's or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
· Information that violates any law, statute, ordinance or regulation;
· Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Enchantment, LLC or third parties or that infringes on Enchantment, LLC's or any third party's rights of publicity or privacy;
· Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
· Information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam;"
· Information that is false, inaccurate or misleading;
· Commercial advertisements or solicitations without written permission from Enchantment, LLC; or
· Federally Trademarked and/or Copyrighted information without written permission from Enchantment, LLC.
Although Enchantment, LLC does not regularly review your transmissions, submissions or postings, Enchantment, LLC reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to the Privacy Policy, Enchantment, LLC may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.
You shall be solely responsible for your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of your User Generated Content.
Names Used/Intellectual Property Rights
Enchantment, LLC's graphics, logos, page headers, button icons, scripts, and service names are trademarks and/or trade dress of Enchantment, LLC or its affiliates, in the United States and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without the prior express written permission of Enchantment, LLC, which permission may be withheld in Enchantment, LLC's sole discretion. Enchantment, LLC makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Services. Any third-party names, trademarks, and service marks are property of their respective owners.
Title Company LLC," and the names "K&P Mortgage Company" or "K&P Mortgage" shall be deemed to refer to "K&P Mortgage Company LLC."
The information, advice, data, software and content viewable on, contained in, or downloadable from, the Services (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, Enchantment, LLC or its Content suppliers. Enchantment, LLC may also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work"). All software used on the Services (the "Software") is the property of Enchantment, LLC or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You are solely responsible for any damage resulting from your infringement of Enchantment, LLC's or any third party's intellectual property rights regarding the Proprietary Marks, the Content, the Collective Work, the Software and/or any other harm incurred by Enchantment, LLC or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
Enchantment, LLC grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decomposition, reverse engineering, or disassembly of the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of Enchantment, LLC, which permission may be withheld in Enchantment, LLC's sole and absolute discretion.
You may not use any meta-tags or any other "hidden text" utilizing Enchantment, LLC's name or trademarks without the express written permission of Enchantment, LLC, which permission may be withheld in Enchantment, LLC's sole and absolute discretion.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services or for any other purpose, without Enchantment, LLC's express written permission, which may be withheld in Enchantment, LLC's sole and absolute discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Enchantment, LLC's sole and absolute discretion an unreasonable or disproportionately large load on Enchantment, LLC's infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Services without the prior written permission of Enchantment, LLC and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iv) bypass Enchantment, LLC's robot exclusion headers or other measures Enchantment, LLC may use to prevent or restrict access to the Services. Notwithstanding the foregoing, Enchantment, LLC grants the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Enchantment, LLC reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Services. You shall not use any communications systems provided on the Services (i.e., Forums or email) for any commercial or solicitation purposes. You agree not to solicit for commercial purposes any users of the Services without our prior, written consent, which consent may be withheld in Enchantment, LLC's sole discretion.
Electronic Communications
When you visit the Services or send email to Enchantment, LLC, you are communicating with Enchantment, LLC electronically. You consent to receive communications from Enchantment, LLC electronically. Although Enchantment, LLC may choose to communicate with you by regular mail, Enchantment, LLC may also choose to communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that Enchantment, LLC provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Services, and for all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Services.
Third-Party Links
There may be provided on the Services links to other Web sites, applications or services belonging to Enchantment, LLC's advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by Enchantment, LLC of those Web sites, applications or services nor the products or services listed on those Web sites, applications or services. Enchantment, LLC is not responsible for the activities or policies (including without limitation the Privacy Policies) of those Web sites, applications or services. Enchantment, LLC does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party.
Mobile Devices
If Enchantment, LLC provides aspects of the Services via an application for your mobile or other device, please be aware that your carrier's normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such mobile application.
Special Disclosures Regarding Enchantment, LLC's Communities
Many of Enchantment, LLC's communities are subject to developer agreements for (without limitation) gas, cable, television, security monitoring, high-speed internet, broadband, digital and other services, which provide for credits, allowances, and/or rebates, and in some cases provide for revenue sharing between the service provider and Enchantment, LLC or its affiliates and/or reimbursement for certain costs to Enchantment, LLC or its affiliates. In certain Enchantment, LLC communities, Enchantment, LLC or one of its affiliates may be or become the sole supplier of certain services.
In certain Enchantment, LLC communities, if you purchase a lot (or resale lot) or condo-hotel from an approved builder other than Enchantment, LLC, or its affiliates, Enchantment, LLC may be entitled to a marketing fee and/or brokerage commission from the approved builder, which may be paid by the approved builder or may be charged to the purchaser. Prospective purchasers should check with their builder as to payment of this fee/commission.
Enchantment, LLC welcomes and encourages broker participation, but will only honor agreements with brokers or sales agents that are printed, written agreements, signed by a duly authorized officer of Enchantment, LLC. Nothing on the Services or within this Agreement shall entitle any person to any fee, compensation or commission nor constitute any agreement, promise, covenant or undertaking with respect to brokers or sales agents representing potential buyers or sellers.
Clubs and Memberships
Certain references to clubs, golf clubs, condo-hotel owners' association memberships, condominium association memberships, and other membership opportunities and amenities may be subject to applications, fees, dues, periodical regular assessments, special assessments, capital contributions upon purchase or sale, and availability. Such limitations are subject to change.
Equal Housing Opportunity
Enchantment, LLC is committed to equal housing opportunities and encourages and supports eliminating barriers to obtaining housing due to race, color, religion, sex, handicap, familial status, or national origin. Enchantment, LLC will not knowingly publish or accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised by Enchantment, LLC are available on an equal opportunity basis.
Features, Specifications, Renderings, Pictures, Floor Plans, and Site Plans
Enchantment, LLC takes reasonable steps to ensure that information provided to you is as accurate as possible. Enchantment, LLC, however, does not warrant the accuracy or completeness of any information, graphics, text, links or other materials contained within the Services. All prices, features, renderings, floor plans, site plans, community maps, pictures, dimensions, specifications and other descriptions of products and services provided on the Services are subject to change without notice to you. Without limiting the generality of the foregoing:
· All maps are artist's renderings, are subject to change, are not to scale, and are provided to you for relative location purposes only;
· Actual distances may vary;
· Renderings, floor plans, and elevations are artist's renderings, are subject to change, and may contain options which are not standard on all models;
· The specific features in a condominium hotel may vary from condo-hotel to condo-hotel and from one community to another;
· Prices shown may refer to a "base" condo-hotel and may not include optional features, and photos or drawings of condo-hotels may show upgraded landscaping, which may not represent the lower-priced condo-hotels in the community;
· Enchantment, LLC reserves the right to substitute equipment, materials, appliances and brand names with items of equal or higher value, as determined in Enchantment, LLC's sole opinion;
· Color and size variations may occur;
· Stated dimensions and square footage are approximate and should not be used as an actual representation of a condo-hotel's size;
· Enchantment, LLC does not represent or warrant that any zoning or land use reflected on properties surrounding Enchantment, LLC's communities may not change in the future, and cannot control future development surrounding its communities;
· "Eco-Nomics" and other green, sustainable, healthy living or earth-friendly features are not standard in all communities, may vary from condo-hotel to condo-hotel, may vary from community to community; and
· Performance or results of a condo-hotel or community intended to result in energy savings, healthy living, sustainability or other benefits may vary due to specific use of a condo-hotel or community, among other factors.
Copyright Infringement
It is Enchantment, LLC's policy to comply with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. Enchantment, LLC shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Enchantment, LLC and/or others.
Notifications (each a "Notification," as further defined below) of claimed copyright infringement should be sent by either express mail or U.S. mail to Enchantment, LLC's designated agent. Enchantment, LLC's designated agent contact information to which notification should be sent is set forth below:
General Counsel 5600 Mariner Street Suite 200 Tampa, Florida 33609 Email address of designated agent: kswansonhaan@gmail.com
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Enchantment, LLC to locate the material;
4. Information reasonably sufficient to permit Enchantment, LLC to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
1. Enchantment, LLC will remove or disable access to the material that is alleged to be infringing;
2. Enchantment, LLC will forward the written Notification to the alleged infringer ("Subscriber"); and
3. Enchantment, LLC will take reasonable steps to promptly notify the Subscriber that Enchantment, LLC has removed or disabled access to the material.
Counter Notification:
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication ("Counter Notification") to Enchantment, LLC ‘s designated agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which Enchantment, LLC may be found, and that the Subscriber will accept service of process from the Complaining Party or an agent thereof.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
1. Enchantment, LLC will promptly provide the Complaining Party with a copy of the Counter Notification;
2. Enchantment, LLC will inform the Complaining Party that Enchantment, LLC will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
3. Enchantment, LLC will replace the removed material or cease disabling access to the removed material not less than ten (10) nor more than fourteen (14) business days following receipt of the Counter Notification, provided Enchantment, LLC's designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on Enchantment, LLC's network or system.
Enchantment, LLC Makes No Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. ENCHANTMENT, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SERVICES IS AT YOUR SOLE RISK. ANY REFERENCE TO THE HISTORICAL OR PROFORMA SIZE, PERFORMANCE, OR FINANCIAL PROJECTIONS OF THE ENCHANTMENT, LLC GROUP LLC, ENCHANTMENT, LLC CONDO-HOTELS LLC, ENCHANTMENT, LLC URBAN LLC, ENCHANTMENT, LLC LAND PARTNERS LLC, ENCHANTMENT, LLC HOSPITALITY LLC, OR ANY OF THEIR SUBSIDIARY OR PARENT ENTITIES IS DEEMED TO INCLUDE REFERENCE TO ALL SUCH ENTITIES PREDECESSORS AND AFFILIATES.
ENCHANTMENT, LLC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS AND/OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES. ENCHANTMENT, LLC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
THE SERVICES ARE CONTROLLED AND OFFERED BY ENCHANTMENT, LLC FROM FACILITIES IN THE UNITED STATES OF AMERICA. ENCHANTMENT, LLC MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER JURISDICTIONS. IF YOU ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Limitations on Enchantment, LLC's Liability
ENCHANTMENT, LLC SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENCHANTMENT, LLC AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ENCHANTMENT, LLC'S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING FROM THE SERVICES OR OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT ENCHANTMENT, LLC SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of Enchantment, LLC
You shall defend, indemnify and hold harmless Enchantment, LLC and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Enchantment, LLC; (iii) your access or use of the Services; (iv) access or use of the Services under any password that may be issued to you; and/or (v) your transmissions, submissions or postings (i.e., your own User Generated Content).
Amendments of this Agreement
We reserve the right to update, amend and/or change the Terms of Use at any time in our sole discretion. Each time you access the Services, you consent to the current Agreement.
Enchantment, LLC's Remedies
You acknowledge that Enchantment, LLC may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Enchantment, LLC shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Pinellas County, Florida, or the United States District Court, Central District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) the Services shall be deemed solely based in the State of Florida; and (ii) the Services shall be deemed a passive website that does not give rise to personal jurisdiction over Enchantment, LLC, either specific or general, in jurisdictions other than the State of Florida. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Pinellas County, Florida. In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in the "Limitations on Enchantment, LLC's Liability" section of this Agreement above, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including but not limited to Florida Statutes Section 95, shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE SERVICES YOU CONSENT TO THESE RESTRICTIONS.
You and Enchantment, LLC shall select the arbitrator, and if you and Enchantment, LLC are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Enchantment, LLC and your and Enchantment, LLC's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Enchantment, LLC be entitled to punitive damages and both you and Enchantment, LLC hereby waive your and Enchantment, LLC's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Enchantment, LLC, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Pinellas County, Florida.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Enchantment, LLC from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement and the Privacy Policy represent the entire understanding and agreement between you and Enchantment, LLC regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
If you have questions, comments, concerns or feedback regarding this Agreement or the Services, please contact us at: kswansonhaan@gmail.com
