Terms and Conditions

Wellen Park, LLLP (“Wellen Park”, “we”, “us”, “our”) welcomes you to its website located at www.wellenpark.com (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

EQUAL HOUSING OPPORTUNITY
All real estate advertised on the Website is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.

OWNERSHIP / RESTRICTIONS ON USE
The Website is owned and operated by Wellen Park and its affiliates. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to Wellen Park, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Wellen Park. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Wellen Park. To obtain written consent for such reproduction, please contact us at [email protected].

MATERIALS YOU SUBMIT
You acknowledge that you are responsible for any material you may submit via the Website (such as through a discussion board or other public forum), including the legality, reliability, appropriateness, originality and copyright of any such material. Without limiting the foregoing, you may not upload to, distribute or otherwise publish through the Website any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, harassing, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam” or commercial electronic communications. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website, harvest or otherwise collect, store or use any information (including email addresses) about other users of the Website, or alter transmission data.

If you do submit material, and unless we indicate otherwise, you grant Wellen Park and/or its relevant contract party, as appropriate, an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Wellen Park and/or its relevant contracting party, as appropriate, is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to us. You grant us the right to use the name you submit in connection with such material, if they so choose, and you waive any and all moral rights that you may have in and to such material with respect to the uses contemplated herein. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply.

REGISTRATION AND PASSWORDS
To access certain portions of the Website, including your account, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

Upon registration, you may be asked to choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify Wellen Park any unauthorized use of your password or username or any other breach of security.

LINKING
It is our goal to provide increased value to visitors to the Website. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Wellen Park and that Wellen Park has no control over the content of such websites. Consequently, Wellen Park cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

DATA PROTECTION
We maintain safeguards intended to protect the integrity and security of the Website. We, however, cannot guarantee that the Website will be secure, complete or correct, or that access to the Website will remain uninterrupted.

To use certain portions of the Website, you may be required to create an account and be issued a password. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use or misuse of your user name or password. Please promptly notify us of any confidentiality breach or unauthorized use of your user name, password, or your website account.

The Website links to other web sites and online services. We have no control over such third parties. We do not endorse their products and services. We are not responsible for the availability, accuracy, or security of such sites.

DISCLAIMER / LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur and we cannot guarantee it is accurate and complete at all times.

ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WELLEN PARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WELLEN PARK DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL WELLEN PARK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT OR SERVICES, EVEN IF WELLEN PARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.

INDEMNITY
You agree to indemnify and hold harmless Wellen Park, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Wellen Park reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Wellen Park in the defense of such matter.

DISPUTE RESOLUTION TERMS (PLEASE READ CAREFULLY)
Choice of Arbitrator and Rules. Any disputes, claims, and causes of action arising out of or connected with your use of the Site (each, a “Dispute”) must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their Consumer Arbitration Rules. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5.

Mandatory (Individual) Arbitration. You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.

Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but You or us.

Exception to Arbitration (Small Claims Court). Disputes that can be fully resolved in small claims court need not be submitted to arbitration.

Choice of Law (Florida). These Terms and your use of the Site are governed by the laws of the State of Florida, U.S.A., without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

Class Action Waiver. You agree that any Dispute between us shall be resolved in an individual action. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.

Remedies Available in Arbitration. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.

Injunctive Relief. The arbitrator may not issue any injunction. If either party in a Dispute seeks injunctive relief, the arbitrator will complete arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Florida, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.

PRIVACY
Please review our Privacy Policy for information on the manner in which we collect, use, disclose and otherwise manage your personal information. Cookies and other technologies may be used for behavioral advertising purposes. To learn more about behavioral advertising and how to opt-out, read our Privacy Policy [link to the “Internet-Based Advertising” section of the Privacy Policy].

CONTESTS
From time to time, Wellen Park may offer and/or co-sponsor contests or promotions on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry.

ADDITIONAL COMMUNICATIONS
Any other information you submit on or through the Website will be treated as non-confidential and non-proprietary. This includes all information you submit directly or indirectly.

CHANGES AND TERMINATION
Wellen Park reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Wellen Park reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Wellen Park to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

TRADEMARKS
“Wellen Park” is a trademark of Wellen Park, LLLP. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Wellen Park or its affiliates. All other trademarks appearing on the Website are the property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

INFRINGEMENT NOTICE (UNITED STATES)
You are hereby informed that Wellen Park has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Wellen Park system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify us at: Wellen Park, LLLP, Attn: Leslie C. Candes, Esq., 4901 Vineland Road, Suite 450, Orlando, Florida, 32811.

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

• 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 at a single online Website are covered by a single notification, a representative list of such works at that Website;
• 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 the service provider to locate the material;
• Information reasonably sufficient to permit the service provider 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;
• 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 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.

Wellen Park is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Website, including material you provide to us, and so we have an absolute right to remove any material from the Website in our sole discretion at any time.

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Wellen Park with respect to the use of the Website, including the Content.

NOTICE
Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

CONTACT
If you have any questions or comments regarding these Terms of Use please contact us at [email protected].

Last Updated June 2020