Effective Date: September 25, 2020
Please read the terms and conditions included in these St. Joe Company Terms of Use (the “Terms of Use”) carefully before using www.joe.com and each website provided by The St. Joe Company and its affiliates (“St. Joe”) that links to these Terms of Use (collectively, the “Site”).
Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved (see Section 23 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 23. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. Welcome. We are delighted to welcome you to the Site. This document, as well as the St. Joe Privacy Policy, constitute the terms that apply when you use, view or access the Site and the services provided through the Site. The Site and services provided through the Site are offered to you, the user, on the condition that you accept without modification the terms, conditions and notices contained in these Terms of Use. By accessing, using, viewing, transmitting, caching or storing the Site or any of the services, functions or contents provided through the Site, you are agreeing to each and all of the terms, conditions and notices in these Terms of Use. If you do not agree to these Terms of Use, you should not use, view or access the Site.
2. Use Limitations. The purpose of the Site is to provide you with information about St. Joe and its services, products, communities and properties. The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from information or material on the Site, except as expressly permitted in these Terms of Use. You may not use the Site to engage in any unlawful activity, to infringe on the rights of St. Joe or others or in any way that is prohibited by these Terms of Use. St. Joe retains the right in its discretion to suspend or terminate your use of the Site.
3. Children. The services of the Site are intended only for individuals who can form legally binding contracts under applicable law, and are not intended for minors. The Site is not directed at nor intended to be used by children under the age of 13 years old. In addition, children 13 years old and older should consult with their parents and secure their permission before accessing and using the Site, and especially before providing any personal information to St. Joe or on any interactive portions of the Site. By using the Site, you represent that you are of sufficient legal age or otherwise have legal capacity to legally agree to the terms and conditions included in this Terms of Use.
4. Changes in Terms of Use and in Site. St. Joe reserves the right to make changes in these Terms of Use and to change, suspend or discontinue any aspect of the Site at any time. If we make material changes to these Terms of Use, we will notify you through a prominent posting on the Site or by email. The modified Terms of Use shall only apply to your use of the Site following the date the modified Terms of Use are made available on the Site.
5. Privacy Policy. Use of any information gathered from or about you through the Site shall be governed by these Terms of Use and The St. Joe Privacy Policy, which is incorporated into these Terms of Use by reference. For information on how information is collected, used or disclosed by St. Joe in connection with your use of the Site, please review our Privacy Policy.
6. Monitoring use of the site. You agree that St. Joe has no obligation to, but may monitor and review information you transmit over the Site, without notice to you. St. Joe reserves the right to modify, remove, and prevent conduct, communication, or content which it deems in its discretion may be harmful to St. Joe, or to users, or that may violate the law. You hereby acknowledge and consent to this monitoring, reviewing and removal.
7. Use of suggestions and material provided by you. In the event that you provide material, suggestions, information or comments ("Submissions") to St. Joe, or post any Submissions in the interactive portions of the Site, you grant St. Joe a perpetual, non-exclusive, fully-paid, royalty-free (meaning that we are not required to pay you to use your Submissions), sublicensable and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute each Submission in connection with the Site, our business, or the promotion thereof in any media formats and through any media channels now known or hereafter devised. St. Joe reserves the right to use your Submissions in its discretion, with no compensation to you.
8. Other Interactive Services. St. Joe may offer from time to time certain chat room, bulletin board or similar interactive services on the Site (“Interactive Services”) through which you may be able to post material and information. In order to participate in these Interactive Services, you may be required to agree to additional terms and conditions. These additional terms and conditions will be provided to you in advance of your use of the particular Interactive Service, but will be subject to and incorporated by reference into these Terms of Use. If we provide additional terms and conditions in connection with the Interactive Services, please review these additional terms and conditions carefully before using the applicable Interactive Services. St. Joe does not endorse or control content submitted by other users of the Site through Interactive Services (“User Content”). User Content submitted through the Interactive Services may not be reviewed by St. Joe prior to posting and does not reflect the opinions or policies of St. Joe. St. Joe makes no warranties, express or implied, as to any User Content, or its accuracy or liability. Nonetheless, St. Joe reserves the right, without any obligation and in its discretion, to refuse to permit User Content to be posted to the Site and to edit or remove any User Content submitted through the Site. With respect to the Interactive Services, information you post may be viewed by other users. St. Joe therefore strongly recommends that you use prudence and caution in selecting the information and material you post through the Site. You are discouraged from publicly posting information by which you, your family members or other individuals may be identified. User Content posted to the Site by other users of the Site may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. You agree not to use the personal information of other users of the Site, whether or not it has been publicly posted the Site, other than for the purpose for which the applicable information was provided to you by the applicable user.
9. Your representations and warranties. You represent, warrant and covenant that:(A) you will not upload, post or transmit to or distribute or otherwise publish through the Site any materials which:(restrict or inhibit any other user from using and enjoying the Site or services offered through the Site, are unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, pornographic, or sexually explicit, constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law, violate or infringe the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right, contain a virus or other harmful component, or constitute or contain false or misleading indications of origin or statements of fact;(B) you will use the Site and services provided through the Site in accordance with these Terms of Use; and(C) if you register with the Site, you shall be responsible for maintaining the confidentiality of any passwords you use to access the Site and any use of your password by others and for any charges incurred by others to whom you have given the applicable password or the use of your credit card or similar payment mechanisms. You accept responsibility for all activities that occur under your account or password.
130 Richard Jackson Blvd., Suite 200
Panama City Beach, Florida, 32407
Phone: (850) 231-6400, or via email: Legal@joe.com
© The St. Joe Company 2020 All Rights Reserved.
25. LAND SALES DISCLAIMERS
The property described on the Site and the online information source are situated within the State of Florida. Each posting relating to a particular property is provided solely for informational purposes. All information is subject to change without notice and information you deem important may be omitted. Refer to sales contract and related offering documents and applicable homeowners' association materials for important information about the property. This informational posting is not intended to be an offering to residents in any jurisdiction where prior registration is required, and further information will not be provided to these residents. An offer to purchase real property can only be initiated by a consumer at the sales center for the particular community where St. Joe is selling lots or homes. VOID WHERE PROHIBITED BY LAW.
For all prospective purchasers of condominium units being sold by St. Joe, ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
To the extent applicable, obtain the Property Report required by Federal law and read it before signing anything. No Federal agency has adjudged the merits or value, if any, of any of the properties listed on the Site.
26. EQUAL HOUSING OPPORTUNITY
St. Joe is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. St. Joe encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.
27. REAL ESTATE RELATED DISCLAIMERS
RiverCamps on Crooked Creek, SouthWood, SummerCamp Beach, WaterColor, Watersound Camp Creek, Watersound Origins and WaterSound West Beach communities have been registered with U.S. Department of Housing and Urban Development or the Consumer Finance Protection Bureau under the Interstate Land Sales Full Disclosure Act. Obtain the Property Report required by Federal law and read it before signing anything. No Federal agency has judged the merits or value, if any, of this property.
The information and materials contained in the Site about St. Joe and its properties and communities, and all photos, renderings, plans, prices, land uses, improvements, amenities, dimensions, specifications, materials and availability depicted in the Site of any St. Joe community are conceptual in nature and are subject to change or cancellation without notice or obligation. Scenes may include artist's renderings, and may be of locations or activities not on the property or not yet completed. St. Joe does not guarantee the obligations of unaffiliated builders who may build and sell homes in its communities. Ownership of a residence in a St. Joe community does not grant any use of or access to any of its clubs, all of which may require the purchase of separate memberships pursuant to each club's rules or by the imposition of other conditions on use. Eligibility to join a club depends on its rules, which are subject to change. Illustrations are artist's depictions only and may differ from completed improvements. Additional fees may apply for use of clubs or private amenities. Certain amenities may not be complete and completion is neither warranted nor guaranteed.
28. SECURITIES DISCLAIMERS AND FORWARD LOOKING STATEMENTS LOOKING STATEMENTS
The materials and information contained on the Site do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities in The St. Joe Company or any of its affiliates. Furthermore, the Site may contain information and press releases about and by St. Joe. Although this information was believed to be accurate as of the date prepared by St. Joe, St. Joe disclaims any duty or obligation to update this information. To the extent that any information is deemed to be a 'forward looking statement' as defined in the Private Securities Litigation Reform Act of 1995, this information is intended to fit within the "safe harbor" provided therein. These forward looking statements are subject to material risk factors which are described in our Annual Report on Form 10-K and our Quarterly Reports on Form 10-Q found on the Site. Forward looking statements, which speak only as of the date made. The Site is not intended to make any investment representations about The St. Joe Company or its affiliates and should not be viewed as such.
29. BROKER PARTICIPATION
Broker participation is welcome and encouraged by St. Joe, and we will honor any agreements we may enter into with outside brokers that are in writing signed by a duly authorized officer of St. Joe. Nothing contained in these Terms of Use shall constitute any agreement, promise, covenant or undertaking with respect to brokers or sales agents representing potential buyers or sellers. Due to the difficulty in tracking lead generation, no one shall be entitled to any fee, compensation or commission except pursuant to a written agreement signed by a duly authorized officer of St. Joe. Inquire about our programs for participating brokers.
Actual development of Watersound Origins may not be as currently proposed and no guarantee is made that any future improvements, facilities, and features of Watersound Origins will be built or, if built, will be of the same type, size, or nature as currently described or contemplated. The materials and features and amenities described and depicted herein are based upon current development plans, which are subject to change without notice. Room dimensions and square footages are approximations. Map not drawn to scale. "JOE®", "St. Joe®", "St. Joe (and the Taking Flight design)®", the "Taking Flight" design®, "Watersound Origins®" and "Origins®" are registered service marks of The St. Joe Company or its affiliates. ©2021 BHH Affiliates, LLC. an independently owned and operated franchisee of BHH Affiliates, LLC. Berkshire Hathaway HomeServices and the Berkshire Hathaway HomeServices symbol are registered service marks of HomeServices of America, Inc.® Watersound Club is a private club, membership in which permits Watersound Origins owners the use of the Village Commons, Lake Powell, and other facilities designated by the Club. Use of additional Club Facilities requires purchase of a separate membership upgrade. Club membership and use of the Club Facilities may be subject to application and acceptance, payment of applicable fees and dues, and membership requirements, rules and other limitations, all of which are subject to change. All parties who build homes in the Watersound Origins community are independently owned and operated. The St. Joe Company does not guarantee the obligations of, nor provide any warranties for unaffiliated parties who build homes or offer services in the Watersound Origins™ community. This material shall not constitute an offer in any jurisdiction where prior registration or other advance qualifications of real property is required and has not been completed. Void where prohibited by law. Equal Housing Opportunity.
Obtain the Property Report required by Federal Law and read it before signing anything. No federal agency has judged the merits or value, if any, of this property. Kentucky Registration #R-171. For NY Residents: THE COMPLETE OFFERING TERMS FOR THE SALE OF LOTS ARE IN THE CPS-12 APPLICATION AVAILABLE FROM SPONSOR, THE WATERSOUND COMPANY, LLC. FILE NO. CP18-0089.
The St. Joe Company is creating extraordinary communities with uncompromising ideals and standards in planning, architecture, and amenities in Northwest Florida. The Berkshire Hathaway HomeServices Beach Properties of Florida team can help you find the perfect community and home that meets your needs as a homebuyer.
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