TERMS & CONDITIONS OF LAKENONA.CLUB
Welcome to the LAKENONA.CLUB website (the “Site” or “LakeNona.club”). Please review our Terms & Conditions before proceeding to use our Site. They spell out what you can expect from us and what we expect from you. By accessing any areas of LakeNona.club, users (“Users” or “you”) agree to be legally bound and to abide by the terms set forth below. LakeNona.club is owned and operated by Lake Nona Property Holdings, LLC and/or its affiliates. Any references herein to LakeNona.club shall be deemed to refer to this Site and/or Lake Nona Property Holdings, LLC, as applicable under the circumstances. IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS, DO NOT USE THIS SITE.
I. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that the use of LakeNona.club is at User’s sole risk. Neither LakeNona.club nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that LakeNona.club will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of LakeNona.club, or as to the accuracy, reliability, or currency of any information, content, or service provided through LakeNona.club. Any links provided on LakeNona.club are for your convenience only and a link on this Site does not imply endorsement of the linked site’s content, message, or owner.
THIS SITE IS PROVIDED BY LAKENONA.CLUB ON AN “AS IS” AND “AS AVAILABLE” BASIS. LAKENONA.CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LAKENONA.CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAKENONA.CLUB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY LAKENONA.CLUB NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MANAGERS, MEMBERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM LAKENONA.CLUB OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LAKENONA.CLUB’S RECORDS, PROGRAMS OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH LAKENONA.CLUB. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
LAKE NONA, LAKE NONA GOLF & COUNTRY CLUB, and LAKE NONA REALTY are federally registered trademarks of Lake Nona Property Holdings, LLC. All rights to these trademarks and other LAKE NONA trademarks are hereby reserved. These and other LakeNona.club graphics, logos and service marks and trademarks of Lake Nona Property Holdings, LLC and its affiliates may not be used without prior written consent of Lake Nona Property Holdings, LLC or its affiliates, as the case may be. The LAKE NONA trademarks may not be used in any manner that is likely to cause confusion, dilute the company’s trademarks or service marks, or in any manner that discredits Lake Nona Property Holdings, LLC or its affiliates. All other trademarks, product names, and company names and logos appearing on LakeNona.club are the property of their respective owners.
A. COPYRIGHT AND PROPRIETARY RIGHTS
User acknowledges that LakeNona.club contains and may continue to contain information, data, software, photographs, images, text, designs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and LakeNona.club owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, copy, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may view, copy and print select portions of the Content, provided that such copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or any other proprietary right, without first obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. All other uses of the Content, including reproduction, modification, distribution, transmission, republication, display or performance of the Content on this Site are strictly prohibited.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
At this time, Users are not permitted to upload any content to LakeNona.club, nor participate in chat rooms or the like on LakeNona.club. However, if any such posts become possible in the future, except as set forth in Section III(A) above, User may upload to or otherwise distribute on LakeNona.club only content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or content in which the author has given express authorization for distribution on the Internet. Any copyrighted or other proprietary content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither LakeNona.club, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, managers, members or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to LakeNona.club at the following email address: firstname.lastname@example.org. By submitting content to any area of this Site, including without limitation any product reviews or participation in any chat rooms, User automatically grants, or warrants, that the owner of such content has expressly granted LakeNona.club the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such content. User also permits any other User to access, store, or reproduce the content for that User’s personal use. Subject to this grant, the owner of content placed on LakeNona.club retains any and all rights which may exist in such content.
C. THIRD-PARTY CONTENT
Should Users be permitted to upload any content to LakeNona.club, LakeNona.club will be a distributor and not a publisher of such content supplied by third parties and Users. LakeNona.club has no more editorial control over such content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third parties, including Providers or any other User of LakeNona.club, are those of the respective authors or distributors and not of LakeNona.club or its affiliates or any of their officers, directors, employees, agents, managers, or members. Neither LakeNona.club nor its affiliates, nor any of their officers, directors, employees, agents, managers, or members, nor any third party, including any Provider, or any other User of LakeNona.club, guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through LakeNona.club represents the opinions and judgments of the respective Provider or User not under contract with LakeNona.club. LakeNona.club neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on LakeNona.club by anyone other than authorized LakeNona.club employees. Under no circumstances shall LakeNona.club, or its affiliates, or any of their officers, directors, employees, agents, managers, or members be liable for any loss, damage or harm caused by User’s reliance on information obtained through LakeNona.club. It is the responsibility of User to evaluate the information, opinion, advice, or other content available through LakeNona.club.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from LakeNona.club to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use LakeNona.club only for lawful purposes. User is prohibited from posting on or transmitting through LakeNona.club any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If LakeNona.club is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), LakeNona.club may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from LakeNona.club. LakeNona.club may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate LakeNona.club; or (iii) to protect the rights or property of LakeNona.club, its Users or Providers.
LakeNona.club reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, LakeNona.club, the communities that make up LakeNona.club, or any rights of LakeNona.club or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither LakeNona.club nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither LakeNona.club, nor its affiliates, nor any of their officers, directors, employees, agents, managers, members, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on LakeNona.club.
VI. TERMINATION OF USAGE
LakeNona.club may terminate User’s access, or suspend User’s access to all or part of LakeNona.club, without notice, for any conduct that LakeNona.club, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or Lake Nona Property Holdings, LLC.
VII. USAGE BY CHILDREN UNDER 13
LakeNona.club is not intended for persons under the age of 18. Lake Nona Property Holdings, LLC does not intentionally market to children, but cannot prohibit minors from visiting this Site. LakeNona.club must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
VIII. APPLICABLE LAW
This Site is created and controlled by Lake Nona Property Holdings, LLC in the State of Florida. As such, the laws of the State of Florida will govern the disclaimers and terms and conditions, without giving effect to any of its conflicts of law provisions. LakeNona.club reserves the right to make changes to its Site and these disclaimers, and terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Florida, and of the United States of America located in the State of Florida, for any litigation arising out of or relating to the use of LakeNona.club (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Florida, and agrees not to plead or claim in any court of the State of Florida that such litigation brought therein has been brought in an inconvenient forum.
You agree to indemnify and release Lake Nona Property Holdings, LLC and its affiliates from and against any and all liabilities, claims, damages and expenses (including reasonable attorney’s fees) arising out of any action resulting from your use of this Site, including, without limitation, any claims that, if true, would constitute a breach of these Terms & Conditions.
The provisions of these Terms & Conditions are intended to be severable. If for any reason any provision of these Terms & Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
XI. QUESTIONS OR ADDITIONAL INFORMATION
If you have questions regarding these Terms & Conditions, or wish to obtain additional information, please send an email to email@example.com.
These Terms & Conditions, including all documents referenced herein, represent the entire understanding between you and Lake Nona Property Holdings, LLC and its affiliates regarding your relationship with LakeNona.club and supersede any prior statements or representations. With respect to your use of this Site, any cause of action you may have must be commenced within one (1) year after the claim or cause of action arises. YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS by using the LakeNona.club Site and you consent to the collection and use of personal information as described above. The aforementioned Terms & Conditions are subject to change at any time without notice to you.
COLLECTION OF PERSONAL INFORMATION AND COOKIES
There are two main types of cookies:
- Session cookies: These are temporary cookies that expire at the end of a browser session (when you leave the site). Session cookies allow the website to recognize you as you navigate between pages during a single browser session and allow you to use the website most efficiently.
- Persistent cookies: In contrast to session cookies, persistent cookies are stored on your equipment between browsing sessions until expiration or deletion. They enable the website to “recognize” you upon your return.
We may use session cookies to:
- Help us maintain security and verify your details as you use our website.
We may use persistent cookies to:
- Collect and compile anonymous, aggregated information for statistical and evaluation purposes to help us understand how users use the website and help us improve our website.
Most browsers are initially set to accept cookies. However, you have the ability to disable cookies if you wish, generally through changing your internet browser settings.
HOW WE USE YOUR INFORMATION
The information Lake Nona collects is used to comprehensively understand your needs and interests, and permit Lake Nona to deliver a more consistent and personalized experience. For example, Lake Nona may use your information to:
- communicate with you about products and services;
- provide service and support;
- update you about new services;
- provide personalized promotional offers;
- select content to be communicated to you; and
- contact you for market research regarding Lake Nona’s services.
Your information may be aggregated with other clients’ information on a purely non-identifiable basis to understand how our products and services are used.
CALIFORNIA RESIDENTS AND PRIVACY
The California Online Privacy Protection Act applies to residents of California. California residents may request to review and request changes to information collected. To request this type of information, please contact us at the address or email listed in the Contact Us paragraph below.
GLOBAL DATA PROTECTION REGULATION (GDPR) AND PRIVACY
The GDPR applies to residents of Europe. In accordance with the GDPR, you have the right to request from us any personal information we have retained about you and the right to request we delete that information and stop sending you communications, or that we correct any personal information that you believe is not accurate. Please contact us about your personal information at firstname.lastname@example.org.
By submitting your personal information to us, you agree to the transfer, storage, use and processing of your personal information outside the country of your residence, including the U.S.
POLICY ON SHARING YOUR INFORMATION
Lake Nona will not sell, rent or lease your personal information to others. Lake Nona may share personal information with companies working on our behalf and Lake Nona affiliate entities for the purposes detailed above. In any such cases, however, we require that the companies or entities adhere to privacy standards and policies at least as restrictive as those Lake Nona has in place.
Circumstances may arise, whether for strategic or other business reasons, in which Lake Nona decides to sell, buy, merge or otherwise reorganize businesses in various countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or, conversely, the receipt of such personal information from sellers. It is Lake Nona’s established practice to seek appropriate protection for all personal information in advance of any such transaction.
We may make use of your information when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or legitimate governmental request, (b) detect, prevent, or otherwise address suspected fraud, security or technical issues, (c) enforce any applicable Terms and Conditions, including investigation of potential violations thereof, or (d) protect against imminent harm to the rights, property or safety of Lake Nona, its users or the general public as required or permitted by law.
ACCESS TO AND ACCURACY OF YOUR INFORMATION
Lake Nona strives to keep your personal information accurate and up-to-date. Toward this goal we may utilize various technologies, management processes and policies. As part of our overall data accuracy initiative, Lake Nona provides you with reasonable access to your personal information so you may review and correct your information if needed. To safeguard your privacy and security, we may verify your identity through various means, such as by requiring a password and user ID, before granting access to your data, if applicable. We ask that you update your information as and when it changes so any information used to serve you remains as accurate as possible.
KEEPING YOUR INFORMATION SECURE
Lake Nona values your trust and takes it seriously. To prevent unauthorized access and disclosure, to maintain data accuracy, and to ensure the appropriate use of your information, Lake Nona utilizes industry standard physical, technical and administrative procedures to safeguard any personal information we may collect.
CHANGES TO THIS POLICY
We value your opinions and suggestions. Please email us with any questions or concerns at email@example.com, or alternately you can write to us at the following address:
Lake Nona Property Holdings, LLC
6900 Tavistock Lakes Blvd., Suite 200
Orlando, FL 32827
© Lake Nona Property Holdings, LLC, 2018. All rights reserved.