THESE TERMS AND CONDITIONS (THESE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND GCP IV MH MANAGEMENT, LLC DBA WINDWARD COMMUNITIES, INC. (THE “COMPANY”) AND GOVERN YOUR USE OF THE SELF-GUIDED TOURING SERVICES (THE “SERVICES”) WHICH ARE OFFERED BY THE COMPANY ON ITS WEBSITE (THE “SITE”) AND PROVIDED VIA ITS THIRD PARTY SELF-TOUR SERVICE PROVIDER (THE “SERVICE PROVIDER”) THROUGH THE SERVICE PROVIDER’S WEBSITE (THE “SERVICE PROVIDER SITE”), WHICH YOU WILL BE REDIRECTED TO VIA THE SITE. THE SERVICES ALLOW YOU TO INDIVIDUALLY PERFORM A SELF-GUIDED TOUR OF THE PROPERTY (THE “PROPERTY”) LISTED BY THE COMPANY ON THE SITE AND/OR SERVICE PROVIDER SITE SOLELY FOR THE PURPOSE OF YOU EVALUATING THE PROPERTY, OR FOR SUCH OTHER PURPOSE SPECIFICALLY DESCRIBED ON THE SITE OR SERVICE PROVIDER SITE. BY CLICKING “BOOK A SELF TOUR” OR OTHERWISE USING THE SERVICES YOU ARE AGREEING TO ACCEPT THESE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, OR ANY OF THE SERVICES AVAILABLE THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE REGARDING THE SERVICES. USE OF THE SERVICES IS SUBJECT TO THESE TERMS AND THE TERMS AND CONDITIONS OF THE SERVICE PROVIDER LOCATED ON THE SERVICE PROVIDER SITE OR OTHERWISE PRESENTED TO YOU BY THE SERVICE PROVIDER IN CONNECTION WITH THE SERVICES (THE “SERVICE PROVIDER TERMS”).
BY USING THE SITE, YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU ARE NOT AT LEAST 18 YEARS OLD, YOU MAY NOT USE THE SITE OR SERVICES AT ANY TIME OR IN ANY MANNER OR SUBMIT ANY INFORMATION TO THE COMPANY OR THE SITE.
General. By using the Services you are granted a limited right to access the Property solely for purposes of you conducting a self-guided tour to evaluate the Property, or for such other purpose specifically set forth on the Site or expressly provided by the Company in writing. When using the Site or the Services, you agree not to: (i) provide any false information or information not belonging to you; (ii) obscure your identity; (iii) commit any harmful or tortious act while on the Property or using the Services; (iv) directly or indirectly damage the Property or any tangible personal property located on the Property, or remove from the premises any tangible personal property located on the Property; (v) harm any person; (vi) violate applicable law, these Terms or the Service Provider Terms. You agree to access the Property in accordance with these Terms, the Service Provider Terms and applicable law (including any current COVID-19 guidelines), and to timely vacate the premises, and if applicable, return the key to the Property to the applicable lockbox, within the timeframe designated by the Service Provider. You are responsible for leaving the Property in the condition it was in when you arrived and for all acts and omissions taken during your use of the Services or access of the Property, as well as the acts and omissions of any individuals whom you allow to enter the Property during your use of the Services (a “Guest”). You are solely liable for any damages you or any Guest causes to the Property (including any tangible personal property located at the Property). If you fail to return the key to the Property or you or any Guest causes any damage to the Property (including any tangible personal property located on the Property) you may be fined for such damage at the Company’s or Service Provider’s discretion. The Company may, but is not obligated to, report to law enforcement authorities any actions by you that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s or Service Provider’s discretion, the Company will cooperate with law enforcement authorities in any investigation of alleged illegal activity in connection with use of the Services, including any activity undertaken while on the Property.
Submissions. In order to use the Services, you will be providing Service Provider with certain information on or through the Service Provider Site (or as otherwise indicated in the Service Provider Terms), including but not limited to your name, e-mail, phone number, government identification (such as a driver’s license, passport, or other form of valid government identification), your current location, and a photograph of yourself (“Submissions”). You agree that Service Provider may disclose Submissions to the Company in connection with the Services. You hereby grant to the Service Provider, Company and their respective agents and representatives a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers (including to subprocessors)) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions in connection with the provision of the Services and for the Company’s or Service Provider’s business purposes. The Company and/or Service Provider may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media, or applicable law. The Submissions will be used by the Company in accordance with the Company’s privacy policy which is available at https://www.conestogakansas.com/privacy-policy/ or the Service Provider’s privacy policy (collectively, the “Privacy Policy”), as applicable. Generally the Submissions will be used to allow you to access the Services, including to provide you with access to the Property and take a self-guided tour of the Property, for the Company’s or Service Provider’s internal business purposes, such as ensuring the security of a Property before, during, and after your access thereto, improving the functionality of the Site and Service Provider Site, and contacting you regarding the rental of a Property, and for any other purpose identified in these Terms or the Service Provider Terms. The Company and/or Service Provider reserve the right to delete your Submissions at any time without notice to you. All Submissions that you provide in connection with the Services or through the Service Provider Site must be accurate, complete and up to date. You acknowledge and agree that you are liable for any Submissions which are not accurate, complete or up to date.
Third-Party Terms. You acknowledge and agree that certain third parties may be used to process your Submissions or facilitate your use of the Services or access of the Property, and such third parties shall use and process your Submissions or provide such services in accordance with their own terms and conditions, including the Service Provider Terms. The Company expressly disclaims any and all liability for any acts or omissions of such third parties, including Service Provider, related to their use or processing of your Submissions.
Termination. The Company reserves the right to terminate your access to or use of the Site, Services or Property with or without cause and with or without notice, for any reason or no reason, including without limitation for any action by you or a Guest that the Company determines is inappropriate or disruptive to the Site, Services, Property or anyone located on the Property.
Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (the “Company Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and costs) (“Claims”) arising out of or relating to (i) any violation of applicable law, these Terms or the Service Provider Terms by you or any Guest, (ii) use of or access to the Site (or any Materials or information accessed on or through the Site), Services, Property or Materials by you or any guest (other than as expressly authorized in these Terms), (iii) the acts or omissions of any Guest while visiting the Property; (iv) any Submissions which are not accurate, complete or up to date; and (v) the gross negligence or intentional misconduct of you and any Guest.
Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, SERVICE PROVIDER SITE, MATERIALS, SERVICES AND/OR PROPERTY IS AT YOUR OWN RISK. THE SITE, SERVICES, AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO WARRANTY THAT THE SITE, SERVICE PROVIDER SITE, SERVICES, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE LISTING OF ANY PROPERTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, VACANCIES, THE SERVICES OR MATERIALS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MATERIALS OR OTHER INFORMATION OBTAINED THROUGH THE SITE, SERVICE PROVIDER SITE OR SERVICES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY LISTINGS, DESCRIPTIONS OR SPECIFICATIONS REGARDING THE PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SITE, SERVICE PROVIDER SITE, SERVICES OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SITE, SERVICE PROVIDER SITE, OR CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, SERVICE PROVIDER SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICE PROVIDER SITE, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICE PROVIDER SITE, OR SERVICES, INCLUDING, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY THE COMPANY OR SERVICE PROVIDER. YOU FURTHER ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL, ENDORSE, APPROVE, OR ADOPT ANY THIRD-PARTY CONTENT OFFERED ON THE SERVICE PROVIDER SITE. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR RELIANCE ON USE OF THE SERVICE PROVIDER SITE OR OTHER PRODUCTS OR SERVICES OF SERVICE PROVIDER.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND THE SERVICE PROVIDER TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE, SERVICE PROVIDER SITE, OR ANY APPLICATION THEREOF. IF YOU DO NOT AGREE TO THESE TERMS OR THE SERVICE PROVIDER TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES, OR ACCESS THE PROPERTY.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICE PROVIDER SITE, OR SERVICES AND YOUR VISITING OF THE PROPERTY, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICE PROVIDER SITE, SERVICES, OR MATERIALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICE PROVIDER SITE, SERVICES OR MATERIALS, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, SERVICE PROVIDER SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICE PROVIDER SITE, OR SERVICES, OR YOUR VISITING OF THE PROPERTY VIA THE SITE, SERVICE PROVIDER SITE, AND/OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY OR SERVICE PROVIDER HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, SERVICE PROVIDER SITE, AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR VISITING OF THE PROPERTY VIA THE SITE, SERVICE PROVIDER SITE, AND/OR SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICE PROVIDER SITE, SERVICES, OR MATERIALS AND IN CONNECTION WITH THE PROPERTY OR INTERACTIONS WITH ANY OTHER USERS, EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Release. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU (ON BEHALF OF YOU AND ANY GUEST) HEREBY IRREVOCABLY RELEASE, WAIVE, AND DISCHARGE THE COMPANY INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATING TO ENTRY UPON OR PRESENCE AT THE PROPERTY BY YOU OR ANY GUEST, INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF A COMPANY INDEMNIFIED PARTY (“RELEASED CLAIMS”). NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL RELEASE OR WAIVE LIABILITY TO THE EXTENT SUCH LIABILITY RESULTS FROM A COMPANY INDEMNIFIED PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR VIOLATION OF APPLICABLE LAW, TO THE EXTENT SUCH LIABILITY MAY NOT BE WAIVED UNDER DELAWARE LAW. YOU AGREE NOT TO INITIATE, FILE OR PARTICIPATE IN ANY LAWSUIT OR OTHER PROCEEDING AGAINST ANY COMPANY INDEMNIFIED PARTY FOR ANY RELEASED CLAIM.
Feedback. The Company welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by contacting the Company using the contact information at the end of these Terms. You acknowledge and agree that all Feedback will be the sole and exclusive property of the Company and you hereby irrevocably assign to the Company and agree to irrevocably assign to the Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At the Company’s request and expense, you will execute documents and take such further acts as the Company may reasonably request to assist the Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Intellectual Property. The Site, Services, and any Materials (as defined herein) are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services, Feedback and Materials, including all associated intellectual property rights are the exclusive property of the Company and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Materials. “Materials” means any text, graphics, images, music, software, audio, video, information or other materials that the Company (or its agents or representatives) posts, uploads, publishes, submits or transmits to be made available through the Site or Services. You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site, Services or Materials in any manner. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Governing Law; Venue; Waiver of Jury Trial. These Terms and all matters arising out of or relating to these Terms are governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any conflict of laws provisions thereof. Any disputes relating to these Terms or the Site or Services will be heard in the state or federal courts located in Tampa, Florida. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY: (i) CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE AFOREMENTIONED COURTS; (ii) WAIVES ANY OBJECTION TO THAT CHOICE OF FORUM BASED ON VENUE OR TO THE EFFECT THAT THE FORUM IS NOT CONVENIENT; AND (iii) WAIVES ANY RIGHT TO TRIAL BY JURY.
Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by the Company: (i) via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Miscellaneous. These Terms (including any agreements incorporated by reference herein) constitute the entire and exclusive understanding and agreement between the Company and you regarding the subject matter herein, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the subject matter herein. To the extent of any conflict or inconsistency between these Terms and the Service Provider Terms, these Terms shall govern. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. All rights and remedies of the Company set forth in these Terms are cumulative and are in addition to, and not in lieu of, any other rights or remedies available to the Company at law, in equity, or otherwise. The exercise by the Company of any one or more rights or remedies shall not preclude the simultaneous or subsequent exercise of any other right or remedy, and no failure or delay by the Company in exercising any right or remedy shall operate as a waiver thereof.
Contact Us.
If you have any questions about these Terms or otherwise need to contact the Company for any reason, you can reach the Company at:
To contact us regarding the matters covered by this policy, please call or write to us at:
Windward Communities
17757 US Hwy 19 N., Suite 560
Clearwater, FL 33764
Email: WindwardCommunities@gmail.com
Telephone: 1-833-700-2439
