LEGAL

Last Updated on September 27, 2023

 

TERMS OF USE

 

Introduction  – The websites located at https://waterstreettampa.com,  http://www.sparkmanwharf.com, and others, and all mobile applications that refer to or link to these websites, including all information, software, products and services available from any of these websites or offered as part of or in conjunction with any of these websites (collectively the “Services”), are offered by Strategic Property Partners LLC (“SPP”) to you (“you” or the “user”) subject to the following Terms of Use as well as the Privacy Policy located at https://waterstreettampa.com/Privacy-Policy (together, the “Terms”).PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES. By using the Services, you agree that the Terms create a binding agreement between you and SPP.

Additional terms and conditions applicable to certain portions of the Services (collectively “Additional Terms”) are incorporated herein by reference. For instance, the terms of use for any Services that allow users to post comments and participate in discussion boards will apply to users of those services in addition to these Terms. To the extent that there is a conflict between these Terms and any Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern.

Before using certain areas of the Services, you may be asked to indicate your acceptance of additional specific terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a click-through agreement. To the extent there is a conflict between these Terms and any click-through agreement for the activity in which you choose to participate, the Click-through agreement will govern.

Electronic Communications & Notices
You may communicate with us via e‐mail, postal mail, telephone, the mobile applications, our Web site, and other services. We may issue notices via these various channels, including by sending e‐mails to an address you provide us. You agree that such notices shall have legal effect. You also agree that any notices sent by e‐mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use the Services.

Translation
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with SPP, and any inconsistencies among the different versions will be resolved in favor of the English version.

Modification
SPP reserves the right to modify any of these Terms at any time and its sole discretion. SPP will provide notice of such changes by posting the modified Terms on this page and by indicating above the date the Terms were last updated. By continuing to use the Services, you are agreeing to all changes made by SPP.

Privacy Practices
Please review the terms of our Privacy Policy, so that you are aware of how SPP collects and uses your information. Because the Services are potentially accessible throughout the world, personal information that SPP collects may be stored and processed in the United States of America or any other country in which SPP or its agents maintain facilities. By using the Services, you consent to any such transfer of information outside your country. As noted above, the Privacy Policy is also incorporated into and made a part of these Terms.

 

Permitted Use of the Services –

Minimum Age
Children under the age of 18 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf.

Child Online Protection Act Notice
Commercially available parental control protections (such as computer hardware, software, or filtering services) are available that may assist you in limiting access to material that is harmful to minors. Information on such protections is available at websites such as http://www.getwise.org. The preceding link is provided for information purposes only.

Personal & Noncommercial Use
The Services are for your personal and noncommercial use. As a condition to your continued use of the Services, you warrant to SPP that you will not use the Services for any purpose that is prohibited by these Terms or unlawful.

 

Ownership –

Copyrights
Except for material in the public domain under United States copyright law, the Services, in their entirety, including all website and mobile application design, programs and other software, HTML code, Java applets, Active X controls and other code, text, data, interfaces, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, and the selection, arrangement, coordination, enhancement and presentation of said elements, and all other intellectual property rights (including service marks, and trademarks) in, on, and to the Services are the sole property of SPP and/or its affiliates, licensors or content suppliers and are protected by United States and foreign copyright laws. By using the Services, you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Nothing in the Terms or your use of the Services shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of SPP or any third party, except as expressly set forth and granted in the Terms.

Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Services without the prior consent of SPP or the respective owner. None of the material contained on the Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of SPP. Violation of this provision may result in severe civil and criminal penalties. You may not transfer to or store any data residing or exchanged using the Services in any electronic network for use by more than one user unless you obtain prior written permission from SPP.

You may not use SPP’s name, logo, the Water Street Tampa trademark, or other trademarks for any purpose without the express written consent of SPP. Any rights not expressly granted herein are reserved by SPP. You are granted a non-exclusive, non-assignable and non-transferable license to use the Services only under the Terms. You may make single copies of materials displayed on the Services for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Services. It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the Services. You may not distribute such copies to others, whether free or for charge or consideration, without prior written permission from SPP or the copyright owner of the copied material.

Trademarks
The Water Street Tampa trademark and all other trademarks, logos and/or other marks used in the Services are trademarks of SPP or other mark owners and are protected by state and federal trademark laws. All related product and service names, design marks and slogans are the trademarks or service marks of SPP or other mark owners, as are the “look” and “feel” of the Services (including color combinations, layout, design and all other graphical elements). Other trademarks appear on the Services with permission from their respective owners. Your unauthorized use of trademarks appearing on the Services may constitute trademark infringement, which could subject you to substantial civil penalties. Nothing within the Services shall be construed as permission or a license to use any of the logos, marks, or other without the express written consent of their respective copyright holders.

 

No Reliance on Service Content –

Third-Party Links
The Services may contain hyperlinks to websites (“Third-Party Services”) owned and operated by parties other than SPP. Such hyperlinks are provided for your reference and convenience only and do not in any way directly or indirectly imply any endorsement of the material on such Third-Party Services or any association with their owners or operators. SPP does not control and is not responsible for such Third-Party Services. You agree that SPP shall not be liable (directly or indirectly) for any Third-Party Services.

Accuracy of Material
You understand and acknowledge that material and software published on the Services, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that SPP is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the Services may be changed or revised from time to time without notice.

Any drawings and depictions in this Website are conceptual only and are for the convenience of reference. They should not be relied upon as representations, express or implied, of the final detail of the buildings. Developer expressly reserves the right to make modifications, revisions, and changes it deems desirable in its sole and absolute discretion. All content is conceptual only and does not convey or suggest complete accuracy or future plans.

User Provided Content
SPP does not assume an editorial role or any responsibility for User Content (as defined below) if any. Similarly, SPP does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content. Consequently, you agree that SPP has no responsibility for any User Content. ANY RELIANCE ON USER CONTENT IS AT YOUR OWN RISK.

Informational Purposes Only
Although the Services may host information that pertains to businesses in a number of industries and a variety of related topics, such information is presented for general informational purposes only. It should not be taken as professional advice. If you need expert advice for any question, you should seek the help of a licensed or qualified professional in lieu of acting on any information, opinion, or advice contained on the Services.

 

User Responsibilities & Prohibited Conduct –

The Services may be used only for lawful purposes. You agree not to use (or encourage others to use) the Services for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls.

Personal Credentials
Certain features and areas of the Services may be available only with registration and login. If you are required to register and select a unique login and password (“Personal Credentials”), you agree that you will be responsible for maintaining your Personal Credentials as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use them. You agree to immediately notify SPP if your Personal Credentials is lost or stolen or you become aware of any unauthorized use of your Personal Credentials or of any other breach of security related to the Services.

Other Security Rules
Users are prohibited from directly or indirectly violating or attempting to violate the security of the Services, including, without limitation,

• Accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Use any device, software, or routine to interfere with the proper operation of, or any activities conducted on, the Services or engage in any other any conduct that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the Services, including, without limitation, using any means, including overloading, “flooding”, “mailbombing” or “crashing;”
• Contain malicious code, including but not limited to computer viruses, Trojan horses, corrupted data, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment;
• Forging any TCP/IP packet header or any part of the header information in any e-mail sent from within or to the Services; or
• Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents available from SPP on the Services and other than generally available third party web browsers (e.g., Internet Explorer, Google Chrome, Mozilla, Firefox, etc.).

Violations of Service or network security may result in civil or criminal liability. SPP will investigate occurrences that may involve violations of the use of the Services and may contact and/or cooperate with law enforcement authorities in prosecuting users or any other persons who are involved in any violations of the use of the Services.

 

User Content –

SPP may allow you to upload, post, transmit or otherwise provide content to SPP Services, including, but not limited to, photos, video, audio, comments, articles, blogs, forums, information, messages, software, communications and any other material in which you provide content to the Services (collectively referred to as “User Content”). You agree that you are solely responsible for your User Content.

SPP does not assume an editorial role with respect to any User Content: If and to the extent that User Content is provided to via the Services, SPP does not assume an editorial role or any obligation to monitor User Content or otherwise take any responsibility for User Content. SPP does not endorse any opinions expressed via the Services by other users, business or advertisers, or represent or guarantee the truthfulness, accuracy, or reliability of any User Content. ANY RELIANCE ON USER CONTENT IS AT YOUR OWN RISK.

Rules Governing User Content

If allowed to post, upload or contribute User Content via the Services, you agree that you will not:

Disrespect the privacy and views of others;

• Use any service offered via the Services to stalk or harass another;
• Use the Services’ communications features in a manner that adversely affects the availability of their resources to other users (for example, continuous posting of repetitive or duplicative text);
• Use or provide User Content for commercial purposes (for example, the promotion of any specific goods or services);
• Post, transmit or send any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, telephone or postal solicitations or any other form of solicitation, such as opinions or notices, commercial or otherwise, via the Services or to any of their users;
• Impersonate another person or entity or misrepresent your affiliation with any person or entity;
• Delete or revise any material posted by any other person or entity;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising, creating, or in any way making up a part of the Services;
• Use or employ robots, spiders, Web crawlers, Web ants, worms, wanderers, Web agents and other “bots” to visit the Services that are not Standard for Robot Exclusion-compliant robots;
• Access the Services by any means other than through the interface that is provided by us for use in accessing the Services;
• Access or use the Services to collect information about Service visitors or registered users;
• Permit any other person to use your Personal Credentials to post or view User Content; or
• Post content for which you received compensation from a third party without receiving prior written authorization from SPP.

In addition, you agree that any User Content posted, uploaded or otherwise shared using the Services will not:

• Be obscene, profane, sexually explicit, adult-oriented, vulgar, libelous, slanderous, defamatory, harmful, threatening, abusive, hateful, harassing, tortious, misleading, fraudulent, illegal or knowingly false or inaccurate, bigoted, racially, ethnically or otherwise objectionable, harmful to minors in any way;
• Encourage conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
• Infringe on the copyright, trademark, patent, trade secret or other intellectual property rights of others;
• Violate the privacy or publicity rights of others;
• Support or provide resources to any organization(s) designated by the United States government as a foreign terrorist organization including pursuant to section 219 of the Immigration and Nationality Act; or
• Delete any attributions, legal notices, legends, or proprietary designations or labels.

Our Rights Regarding User Content
SPP does not assume any responsibility for the consequences of any User Content on the Services. However, SPP shall have the right, but not the obligation, to monitor any User Content areas of the Services to determine compliance with these Terms (including the Rules Governing User Content above) and any other rules that may be established by SPP from time to time.

SPP reserves the right, but not the obligation, to investigate and act upon allegations of violations of the Rules Governing User Content, including as stated below in Suspension or Cancellation of Privileges, and to delete any User Content for any reason, regardless of whether User Content violates these Terms. SPP further reserves the right to disclose any User Content, other content, records, user identification and other information, or electronic communication of any kind if we are required to do so by any law, regulation, court order, or subpoena, or if such disclosure is necessary or appropriate to operate the Services or to protect SPP’s rights or property, or the rights of the other Service users, or our partners, affiliates, sponsors, providers, licensors, or merchants. You agree that SPP shall comply with and/or otherwise cooperate with international, national, state or local law enforcement officials regarding your use of the Services or User Content provided by you using the Services. (For more information about our data use and disclosure policies, refer to our Privacy Policy).

SPP reserves the right to record, re-purpose or re-publish User Content on its websites, blogs, social media platforms, newspapers, newsletters, broadcast media and/or other publishing forums. By posting User Content, you are granting to SPP and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. For this reason, you should not transmit, post or send any User Content that contains any confidential, sensitive or nonpublic information. SPP does not guarantee that any personal information posted or transmitted will not be viewed, distributed, republished or otherwise used by any other person(s).

Your Responsibility for User Content
You agree to defend, indemnify and hold harmless SPP and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any User Content or use by others of any User Content posted or uploaded by you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms.

 

Warranties, Disclaimers & Indemnity –

No Warranties by SPP
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SPP MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THESE SERVICES SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. NEITHER SPP NOR ANY OF ITS PARENT COMPANIES OR CORPORATIONS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE SERVICES OR THEIR OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. NO AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING THE SERVICES ON BEHALF OF SPP. SPP RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THE SERVICES.

Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPP OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE SERVICES, DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE OR PRODUCTS OBTAINED THROUGH THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO SPP OR ITS PARENT CORPORATION (IF ANY), AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, LICENSORS AND SUPPLIERS OR ANY OF THEIR SUCCESSORS OR ASSIGNS (COLLECTIVELY THE “RELEASED PARTIES”), SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all the above limitations may not apply to you.

Indemnification
You agree to defend, indemnify and hold the Released Parties harmless from and against all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services, or any content, product or service offered through the Services, in a manner that violates or is alleged to violate these Terms. SPP or other relevant Released Party shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Termination –

In certain (hopefully unlikely) circumstances it may be necessary for SPP to terminate all or any part of the Services, terminate these Terms, or suspend or terminate your account or privileges (see below).

Discontinuation of Services
SPP reserves the right to suspend or end any or all of the Services at any time, with or without cause, and with or without notice.

Suspension or Cancellation of Privileges
SPP reserves the right to terminate your privilege to use any or all the Services if it determines, in its discretion, that you have breached any of these Terms or any applicable law or that it is potentially harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Without limiting any available remedies or the procedures set forth in the Copyright Policy below, if SPP receives notice or has reason to believe, in its sole discretion, that you have posted User Content that infringes the rights of any other person under copyright, trademark, privacy, or publicity, or otherwise, SPP may terminate your access to the Services, including all privileges or user accounts that you may have established in connection with the Services.

 

Copyright Policy –

SPP respects the intellectual property of others, and, as User Content, if any, we ask our users to do the same. SPP does not permit copyright infringing activities via the Services. SPP does not, however, monitor user-submitted materials for copyright infringement. SPP abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove materials if properly notified that such materials infringe on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the DMCA as set forth below.

Takedown Notices
If you believe that any material on the Services infringes your copyright, please provide our designated agent below (“Designated Agent”) with the following information (collectively “Takedown Notice”):

• Your full name, address and telephone number;
• Your e-mail address;
• Identification of each of the copyrighted work(s) that you believe is being infringed;
• Identification of each such infringing material and information sufficient for SPP to locate the material;
• Your statement, made under penalty of perjury, that the information provided in your Takedown Notice is accurate and that you are copyright owner or authorized to act for the copyright owner; and
• Your physical or electronic signature.

SPP’s Designated Agent for notice of claims of copyright infringement can be reached as follows:

Strategic Property Partners LLC
Attn: Copyright Agent
615 Channelside Drive, Suite 201
Tampa, FL 33602
Phone: (813) 993-0100
E-mail: copyright@spprealestate.com

Upon receipt of a Takedown Notice complying with the above requirements, SPP will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Services.

Counter Takedown Notices
If SPP removes materials posted by you as a user due to a Takedown Notice, you may pursue reinstatement of the materials by sending a written notice (“Counter Takedown Notice”) to the Designated Agent including the following information:

• Your full name, address and telephone number;
• Your e-mail address;
• Identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled;
• Your statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
• Your statement that you consent to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, of the United States District Court for the Middle District of Florida (where SPP may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent; and
• Your physical or electronic signature.

Upon receipt of a Counter Takedown Notice meeting the above requirements, SPP will send a copy of such Counter Takedown Notice to the copyright owner who initially claimed copyright infringement and, within 10 to 14 days following receipt of the Counter Takedown Notice, SPP will replace or enable access to the removed material unless SPP receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to SPP and/or the copyright owner or Service user.

For clarity, only Takedown/Counter Takedown Notices should be sent to the Designated Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SPP customer service (see Contact Us below). You acknowledge that if you fail to comply with all the requirements of this section, your Takedown or Counter Takedown Notice may not be valid.

 

Disputes –

We hope that no serious disagreements arise involving you, but, in the event there is a dispute, our goal is to provide you a neutral and cost effective means to resolve it quickly. Accordingly, you agree that, if a dispute arises between you and SPP, you will first contact SPP customer service to describe the problem and seek a resolution. You may contact customer service using any of the following means:

• Online – (WaterStreetTampa.com) or (SparkmanWharf.com)
• By Telephone – (813) 993-0100
• By U.S. Mail – Strategic Property Partners LLC, 615 Channelside Drive, Suite 201, Tampa, Florida 33602

If that does not resolve the issue, then you and SPP agree to the following methods to resolve any dispute or claim between us. First, as set forth below, you agree that the Terms are governed by the law of the State of Florida, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration in accordance with the Arbitration Procedure below.

Arbitration
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN HILLSBOROUGH COUNTY, FLORIDA, EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT. IF YOU CAN DEMONSTRATE TO US THAT ARBITRATION IN HILLSBOROUGH COUNTY, FLORIDA WOULD CREATE AN UNDUE BURDEN ON YOU, WE WILL ALLOW YOU TO INITIATE THE ARBITRATION IN YOUR HOME STATE. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR. If arbitration cannot resolve the issue, you agree, as also set forth below, to unconditionally and irrevocably submit to the mandatory and exclusive personal jurisdiction and venue of the state or federal courts located within Hillsborough County, Florida to litigate such claims or disputes. You agree that you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS. SPP reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms.

Arbitration Procedure
Any arbitration will be governed by the consumer arbitration rules then prevailing of the American Arbitration Association (“AAA’s Consumer Rules”), excluding any rules and procedures governing or permitting class or representative actions. the rules are available at the American Arbitration Association’s website, http://www.adr.org or by calling the AAA at 1-800-778-7879. YOU AND SPP AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SPP agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Middle District of Florida or any State court located in Hillsborough County, Florida. THE ARBITRATOR SHALL APPLY FLORIDA LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT. IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN HILLSBOROUGH COUNTY, FLORIDA.

If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules. Regardless of who initiates the arbitration, SPP will pay any other arbitration fees, including your share of arbitrator compensation. If the arbitrator rules against SPP, in addition to accepting whatever responsibility is ordered by the arbitrator, SPP will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in our favor, we will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration.

Notwithstanding the foregoing, this arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of these Terms.

Intellectual Property Claims by SPP
In the event of intellectual property claims by SPP against you, SPP shall have the right to litigate such claims in any state or federal court in Hillsborough County, Florida, and you consent to the exclusive and mandatory venue in such courts.

Governing Law
As noted above, these Terms and all matters regarding your use of the Services shall be governed by, construed in accordance with, and enforced under the laws of Florida applicable to contracts made and executed and wholly performed in Florida, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods shall apply, and their applicability is expressly excluded.

Venue
If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in Hillsborough County, Florida. You also agree that the laws of Florida and, to the extent applicable, the laws of the United States of America will govern these Terms, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Hillsborough County, Florida, in any legal action or proceeding relating to us, the Services, or these Terms.

Deadline to Pursue Claim
To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of the Services or these Terms must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

Jurisdiction
The Services are controlled and operated by SPP from its principal office in Florida, United States of America. SPP makes no representation that materials on the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not intended to subject SPP to the laws or jurisdiction of any state, country or territory other than the Florida and the United States of America.

 

Miscellaneous –

Entire Agreement
These Terms, including the Privacy Policy, constitute the entire agreement and understanding between you and SPP with respect to use of the Services, and supersede all prior or contemporaneous communications, agreements and/or proposals.

Admissibility
A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Waiver
The failure of to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.

Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect.

Survival
Though we hope you will continue to use our Services, you can stop using them at any time. Please note that even after you stop using the Services (or part thereof) is terminated, or after your account or privileges are suspended or terminated for any reason (including as set forth in Suspension or Cancellation of Privileges), these Terms will remain in effect with respect to relevant provisions, including the following Sections or subsections: Privacy Practices, Ownership, Third-Party Links, Accuracy of Material, Informational Purposes Only, Our Rights Regarding User Content, Your Responsibility for User Content, Warranties, Disclaimers and Indemnity, Copyright Policy, Disputes, and Miscellaneous, as well as any provisions herein or Additional Terms that by their nature survive the termination of these Terms.

 

Contact Us –

For general inquiries and customer support, you may contact us as follows:

Strategic Property Partners LLC
615 Channelside Drive, Suite 201
Tampa, Florida 33602
Phone: (813) 993-0100

For questions specific to our Services, you may use the following contact pages:
WaterStreetTampa.com/Contact
SparkmanWharf.com

 

Copyright Notice –

Copyright© 2023 Strategic Property Partners LLC. All rights reserved. Any rights not expressly granted herein are reserved.