Thank you for visiting livewindward.com (the “Site”), a website owned and operated by GCP IV MH Management, LLC, dba Windward Communities (“us” or the “Provider”). By accessing or using the Site, you (“you” or the “User”) agree to be bound by these Website Terms of Use (these “Terms”). These Terms are a legally binding agreement between you and Provider.
READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. BY USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS, AND ANY USE OF THE SITE SHALL BE DEEMED ACCEPTANCE TO THESE TERMS. YOU CANNOT USE THE SITE IF YOU DO NOT ACCEPT THESE TERMS.
THESE TERMS CONTAIN ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
- CHANGES
- Provider may revise these Terms at any time with or without notice to the User. Such revisions shall be effective when posted to the Site or otherwise made available to the User. Continued access to or use of the Site after the effective date of revisions indicates the User’s assent to the new Terms.
- GENERAL USE
- By using the Site, the User represents and warrants that they are at least eighteen (18) years old. If you are under the age of eighteen, you are expressly prohibited from accessing or using the Site. By using this platform, you affirm that you possess the legal capacity to enter into a binding agreement and agree to abide by all Terms set forth hereunder.
- On the condition that the User complies with all obligations hereunder, Provider grants the User a limited, revocable, nonexclusive, nonassignable license and right to access, use, and to display the content on the Site for lawful purposes and in connection with learning about, engaging with, or obtaining information regarding Provider’s products and services (“Authorized Uses”). Any other use of the Site is prohibited and a violation of these Terms. Provider and its licensors reserve all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property, and all other rights and interests in the Site, the content on the Site and all related items. This license will terminate automatically upon a breach of these Terms.
- Unless expressly authorized by Provider, the User shall not use the Site for any unauthorized use, including, but not limited to, using the Site:
- in a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of the Site;
- in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- to stalk, harass, or harm another individual;
- to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- in a manner that may create a conflict of interest or undermine the purposes of the Site;
- in a manner that infringes any copyright, trademark, or other intellectual property or privacy rights of Provider or any other person;
- to interfere with or disrupt the Site or servers or networks connected to the Site;
- to harvest or collect any information of other users of the Site;
- to use any data mining, robots, or similar data gathering or extraction methods in connection with the Site; or
- to attempt to circumvent any content filtering techniques we employ or to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.
- The User is responsible for complying with these Terms when accessing and using the Site.
- By using the Site (or any part thereof), you consent to receiving electronic communications from us (including, if you have opted in, via text message) and from other users of the Site. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Standard carrier data charges may apply to your use of text messaging and you are solely responsible for such charges.
- PRIVACY
Provider respects your privacy and limits sharing your data with third parties. To understand how Provider uses the information you provide, please review our Privacy Policy located at https://www.livewindward.com/privacy-policy/ (the “Privacy Policy”). By agreeing to these Terms, you acknowledge and consent to the use, sharing, and disclosure of your personal information and data as described in the Privacy Policy, as it may be amended from time to time.
- THIRD PARTY SITES
- The Site may redirect the User to third-party products, services, information, documents, websites, or materials (collectively, “Third-Party Content”). The Provider is not responsible for the availability or contents of Third-Party Content. Unless specifically stated on the Site, the Provider does not endorse or make any representations regarding Third-Party Content. The Provider has no obligation to, and generally does not, approve or monitor Third-Party Content on the Site. The User bears the risk of using Third-Party Content.
- YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE THIRD-PARTY CONTENT AT YOUR OWN RISK. PROVIDER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE AS THIRD-PARTY CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THIRD-PARTY CONTENT.
- ACCOUNTS
- To access certain features of this Site, you may be required to create an Account on the Site and provide contact information or other information. Provider reserves the right to refuse or reject any request to create an account for you for any or no reason at Provider’s sole discretion.
- You are solely responsible for your Account, contact information, documents, and other information made available through your Account or otherwise via the Site. You assume all risks associated with providing such information, including any reliance on such information by any other person or entity. Provider has no obligation to retain or back up any information and shall have no liability for any deletion, corruption, or unavailability of any information, and the User is solely responsible for keeping copies of any information.
- You may terminate your Account at any time by emailing us using the contact information at the end of these Terms.
- If Provider reasonably suspects you have breached these Terms, or that any of your information is not authorized, correct, current, and complete, Provider may, in addition to taking or reserving any other remedies against you, terminate your Account and suspend or terminate your access to the Site. Provider reserves the right to erase any or all your information from the Site, as well as to terminate your Account without notice or liability, at any time and for any or no reason in its sole and absolute discretion. Any suspension, termination or cancellation of your Account shall not affect provisions of these Terms, such as indemnification and limitations of liability, which are by their nature intended to survive such suspension, termination, or cancellation.
- USER PROVIDED CONTENT
- Certain areas of the Site may permit a User to upload or submit information, images, video, data, text, messages, or other content or materials (each, a “User Submission”). You agree that you are solely responsible for all your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Do not submit information to the Provider that you intend to keep confidential.
- By submitting any User Submission, you represent and warrant the following:
- Certain areas of the Site may permit a User to upload or submit information, images, video, data, text, messages, or other content or materials (each, a “User Submission”). You agree that you are solely responsible for all your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Do not submit information to the Provider that you intend to keep confidential.
- You own all rights in your User Submission, including all rights to reproduce and display your User Submission, or, alternatively, you have acquired all necessary rights in your User Submission to enable you to grant the Provider the rights in your User Submission.
- You have paid and will pay in full all license fees, clearance fees, and all other monetary obligations arising from any use or commercial exploitation of your User Submission.
- Your User Submission does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party.
- You voluntarily agree to waive all moral rights you may have in your User Submission.
- Any information contained in your User Submissions is not known by you to be false, inaccurate, or misleading.
- Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy.
- You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission.
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own).
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files.
- Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- By providing User Submissions, the User grants the Provider an irrevocable, perpetual, transferrable, non-exclusive, royalty-free license to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use and permit others to use your User Submissions in any manner and for any purpose that the Provider deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submissions or any modification thereto in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your User Submissions and use your User Submissions for advertising and promotional purposes.
- The Provider may, but is not required to, pre-screen User Submissions or monitor any area of the Site through which User Submissions may be submitted. Provider is not required to host, display, or distribute any User Submissions on or through the Site and may remove at any time or refuse, disallow, or block any User Submissions for any reason. Provider is not responsible for any loss, theft, or damage of any kind to any User Submissions.
- PROPRIETARY RIGHTS
- The trademarks, service marks, and logos of Provider used and displayed throughout the Site belong to Provider. Other companies, products, and service names available on the Site may be registered trademarks of a third party. Nothing in these Terms shall be construed to grant, by implication, estoppel, or otherwise, any license or right to use any party’s trademarks, without the Provider’s prior written consent.
- Unless otherwise specified in these Terms, all content on the Site is the Provider’s sole property, or the property of a supplier or licensor. 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 license or the express written consent of the copyright owner.
- Any comments, questions, suggestions or other feedback (collectively, “Feedback”) you provide to us through any communication whatsoever (e.g., call, letter, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
- INTELLECTUAL PROPERTY INFRINGEMENT
- Provider encourages Users to respect the intellectual property rights of others. Accordingly, we enforce a policy of removing User Submissions in violation of such rights; suspending access to the Site to any User who uses the Site in violation of someone’s intellectual property rights, and/or, in appropriate circumstances, terminating the account of a User who violated the intellectual property rights of another.
- We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property rights are being infringed by a user of the Site, please provide written notice to our agent for notice of claims of infringement:
Windward Communities
17757 US Hwy 19 N., Suite 560
Clearwater, FL 33764
Email: WindwardCommunities@gmail.com
Telephone: 1-833-700-2439
To ensure a reasonably prompt response to a notice of copyright infringement, your written notice must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner alleging a violation of one or more exclusive rights;
- Identification of the copyrighted work(s) alleged to be infringed;
- Identification of the material alleged to be infringing, and information sufficient to permit the Provider to locate the material;
- Information sufficient to permit the Provider to contact the complaining party (including a name, postal address, and telephone number);
- 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
- A statement that the information given 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.
- We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a DMCA take-down notice in compliance with Section 8.2. In response, you may provide our agent with a written counter-notification including the following information:
- A physical or electronic signature
- Identification of the removed or disabled material, and the location at which the material appeared before it was removed or access to it was disabled
- A statement, under penalty of perjury, of your good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is located outside the United States, for any judicial district in which the Provider may be found; as well as a statement that you will accept service of process from the copyright agent identified in Section 8.2.
- DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. THIS SITE, ANY CONTENT THEREON AND ANY THIRD-PARTY MATERIALS (IF ANY) ARE PROVIDED “AS IS,” AND PROVIDER: (a) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT THIS SITE IS OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THIS SITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF PROVIDER TO ANY THIRD PARTY. USE OF THIS SITE IS AT YOUR SOLE RISK. PROVIDER MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE.
- INDEMNIFICATION; LIMITATION OF LIABILITY
- You agree to defend, indemnify, and hold harmless Provider, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Submissions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
- IN NO EVENT SHALL PROVIDER BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $100. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- GENERAL PROVISIONS
- These Terms, all related documents, and all matters arising out of or relating to these Terms, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Florida. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms.
- Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other party in any way arising from or relating to these Terms or the Site, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the state or federal courts of the State of Florida, County of Pinellas. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the such courts. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
- EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS ARE LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SUBJECT MATTER HEREOF.
- If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of the effect as though such provision was never included.
- These Terms, and any rights or obligations under these Terms, are not assignable, transferable, or sublicensable by you except with Provider’s prior written consent but may be assigned or transferred by Provider without restriction. Any attempted assignment by you shall violate these Terms and be void.
- These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous representations, promises, agreements, and understandings, whether oral or written, between the parties concerning the subject matter hereof.
- We control and operate the Site from our headquarters in the United States of America and the entirety of the Site may not be appropriate or available for use in other locations. If you use the Site (or any portion thereof) outside the United States of America, you are solely responsible for following applicable local laws.
- Any right or obligation of the parties in these Terms which, by its nature, should survive termination or expiration of this agreement, will survive any such termination or expiration of this agreement.
- ARBITRATION AND CLASS ACTION WAIVER
Please read this Provision carefully. It provides that all Disputes (as defined below) between you and Provider shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). YOU AND PROVIDER EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED BELOW, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
- For purposes of this Provision, “Provider” means GCP IV MH Management, LLC, dba Windward Communities and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Provider regarding, arising out of or relating to any aspect of your relationship with Provider, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as Provider’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding. Notwithstanding the foregoing, in the event that you have a separate written agreement with Provider, the term “Dispute” as used herein shall not include any dispute, claim or controversy between you and Provider regarding or arising from that separate written agreement and any such dispute, claim or controversy shall be subject to the dispute resolution terms set forth in such separate written agreement.
- For all Disputes, whether pursued in court or arbitration, you must first give Provider an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Provider at the contact information included at the end of these Terms. That written notification must include (a) your name, (b) your address, (c) a written description of your Claim, and (d) a description of the specific relief you seek. If Provider does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Notwithstanding the above, you or Provider may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Provider at the contact information included at the end of these Terms. Your written notification must include (a) your name, (b) your address, and (c) a clear statement that you do not wish to resolve disputes with Provider through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Provider. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
- If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Provider may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. Arbitration shall be commenced as an individual arbitration only and shall in no event be commenced or maintained or heard as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
- For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
- Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
- The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- You or Provider may initiate arbitration in either the State of Florida, County of Pinellas or the federal judicial district that includes your billing address. However, if Provider initiates the arbitration in the State of Florida, County of Pinellas, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.
- Provider will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Provider as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
- Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Provider specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
- CONTACT
- If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us using the contact information below.
Windward Communities
17757 US Hwy 19 N., Suite 560
Clearwater, FL 33764
Email: WindwardCommunities@gmail.com
Telephone: 1-833-700-2439
