TERMS AND CONDITIONS Last updated April 1, 2023 Welcome to www.mywindward.com and thank you for visiting. This website (the “Site”) is owned and operated by Windward Marina Group, LLC (“WMG,” “us,” “our” or “we”). The Site contains original content, text, images, designs, audiovisual materials, software, computer applications, information, data, advertising, brands and logos that incorporate intellectual property in which we own exclusive rights (collectively, the “Content”). Your use of the Site and the Content is subject to these terms and conditions (the “Terms of Use”) and our Privacy Policy, which form a binding and enforceable agreement between you and us (the “Agreement”). These Terms and Conditions are intended to protect our rights so that we can provide you access to the Content on this Site. By remaining on the Site or returning to it, you agree to be bound by these Terms and Conditions and that you will use the Site in accordance with these Terms and Conditions and in compliance with all privacy, intellectual property, data protection, and all applicable federal, state, and local laws and regulations. To use this Site, you must be at least thirteen (13) years of age. By accessing or using this Site, you affirm and represent that you are over age thirteen (13).  Anyone between age thirteen (13) and eighteen (18) may only use this Site under the supervision of a parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are a parent or guardian that provides consent to your teenager’s use of this Site, you agree to be bound by these Terms and Conditions of Use in respect of your teenager’s use of this Site.

Privacy

Any information that you provide to the Site is subject to the Site’s Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all users, such as service announcements, administrative messages, informational updates, monthly newsletters and promotional materials. You cannot opt out of all of these communications. Collection of personal information

1. You may choose to provide us with your personal information on some pages of the website. For example, when you complete an inquiry form or request or subscribe to any software. When you submit personal information, you consent to our use of the information as set out in these terms and conditions.

Use of personal information

1. We shall use any personal information you give to us in accordance with these terms and conditions, and with any additional statements appearing on forms used for submitting your personal information. We shall not disclose your personal information to any third parties without obtaining your prior consent unless we are required by law to do so.
2. If you submit an inquiry, we shall use your personal information to administer and respond to your inquiry. Your inquiry will be responded to by the appropriate team. We shall securely store the information you supply and the response we provide. We may produce reports on the use of the contact form service to enable us to monitor and develop it. These reports will be based on anonymous data, which means that individuals will not be identified in the reports.
3. If you contact us regarding the website we shall use your details to reply to you. We try to respond to all feedback where a valid email address is included. If you make a comment or complaint about other aspects of our services, we may use your details to investigate your comments.

Use of the Site

You may not use the Site in any way that is objectionable, unlawful or impairs the functioning or use of the Site by us or other users. If, in our sole discretion, you violate these Terms of Use, we may suspend, deny or restrict your access to the Site or any Content. Our decision whether to suspend, deny or restrict access in no way limits any other right or remedy that we may have against you. We may take any other action that we deem appropriate to protect ourselves and our users. Under these Terms and Conditions, you agree to refrain from, among other things, use of the Site or the Content in a manner that:

1. is threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, indecent, pornographic, libelous, harmful to minors, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
2. infringes or misappropriates our, or a third party’s, intellectual property, confidentiality, or other rights;
3. violates export and re-export control laws and regulations;
4. advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
5. distributes advertising or promotional content;
6. is inconsistent with the purposes for which the Site has been designed or with how the Site is intended to be used;
7. violates or is otherwise contrary to accepted Internet practices and practices of any connected networks;
8. imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
9. compiles, uses, downloads or otherwise copies any user information or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
10. provides material support, or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources), to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
11. decompiles, disassembles, uses reverse engineers or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site;
12. accesses (or attempts to access) the Site or any of the Content by any means other than through the means that we provide, including without limitation by any automated script or routine, including “robots,” “spiders,” “offline readers,” bots, web crawlers or other means that accesses the Site or the Content in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
13. interferes with or disrupts the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise; or
14. reproduces, duplicates, redisplays, frames, makes copies of, or resells the Site, or any of the Content for any purpose.

You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this Site. You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this site. You agree to act responsibly on the Site and to treat other users with respect.  Use of any Content for any purpose not expressly permitted in this Agreement is prohibited. For information on requesting permission to use, reproduce or otherwise distribute any of the Site Content for commercial purposes, please send a written request to [email protected]. Decisions to grant or deny permission are within WMG’s sole discretion.

Intellectual Property.

Using the Site does not give you ownership of any intellectual property rights in our Content or any other content that you access. You may not use any of the Content from our Site unless you obtain permission from us, or the owner to the extent that the Content used is not ours or you are otherwise permitted by law. These Terms of Use do not grant you the right to use any branding or logos that appear on the Site. WMG’s names and logos and all related product and service names, design marks and slogans are trademarks, service marks, registered trademarks or registered service marks of WMG and may not be used in any manner without our prior written consent. All other trademarks and service marks are the property of their respective owners. Do not remove, obscure, or alter any legal notices displayed in or along with any Content on the Site. So that you can use and enjoy the benefits of the Site as we provide it, we grant you a limited, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Content only as necessary to use the Site and to access and review material on the Site in the manner permitted by these Terms of Use. We reserve all other rights in the Content and you may not otherwise electronically reproduce, copy, adapt, distribute, perform or display any Content. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You may not display this website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at [email protected] and which we reserve the right to grant in our sole discretion.

Your Posts and Submissions

If you access the Site anonymously, you will not be required to create a user name. However, in order to access certain Content, or to use certain functionality, you may be required to provide specific information and to create a user ID and password to establish an account. You agree that any information you provide in connection with establishing any account or submitting an application is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or other information), and you are solely responsible for any use (authorized or not) of your account(s). You agree to notify us immediately of any unauthorized activity regarding any of your account(s) or other breach of security. We may in our discretion suspend or terminate any of your user names and passwords at any time with or without notice. You agree not to post or store on our Site any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files or other material (“Material”) that:

1. violates or infringes intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas);
2. violates any applicable federal, state or local law;
3. is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

You hereby grant us an irrevocable, perpetual, non-exclusive, royalty free worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of any Material you post on the Site. You further represent and warrant that you own all rights to such Material. You expressly agree that we may remove, disable or restrict access to, or the availability of, any Material from this Site (including, but not limited to, Material which you have posted or stored) that we believe, in good faith and in our sole discretion, violates these Terms and Conditions (whether or not we are in fact correct in our assessment), or which is the subject of a notification duly sent to us pursuant to the Digital Millennium Copyright Act. If you believe that we have acted mistakenly with respect to certain Material, you may contact us at [email protected] in which case we may investigate the matter further. We reserve the right, however, to take no further action. Under no circumstances may we be held liable for removing, disabling or restricting access to, or the availability of, Material. Consent to Communications By providing personal and contact information in connection with your use of the Site, you understand that WMG may send you e-mail communications or data regarding your use of the Site, violations of such use, and/or promotional information and materials regarding WMG. To the extent such communication concerns an offer or solicitation by WMG, it will provide opt-out instructions. WMG reserves the right to communicate by e-mail or otherwise, with you or your representative. WMG shall protect all personal information provided in accordance with its Privacy Policy.

Digital Millennium Copyright Act (“DMCA”) Compliance.

Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that you believe to be residing on our Site, system or network should be promptly sent in the form of written notice to our designated agent: Designated Person or Agent for DMCA Notices Victor Recondo, Esq. 2999 NE 191 Street Suite 800 Aventura, Florida 33180 Email: [email protected] (the “DMCA Agent”). You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.

Filing a DMCA Notice

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

1. Signature of copyright owner or person authorized to act on behalf of the owner;
2. Identification of copyrighted work claimed to be infringed;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
6. 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 the exclusive right allegedly being infringed.

It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f) – providing sanctions for material misrepresentations of copyright infringement).

Filing a DMCA Counter-Notification

If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)).  A valid counter-notification must be a written communication that includes all of the following elements:

1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A 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; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.

Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.

Repeat Infringer Policy

Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances. Liability for Misrepresentation under the DMCA Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.

System Requirements and Data Security

You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site. Minimum systems requirements apply to the use of the Site and it is your responsibility to ensure your computer system complies with these requirements. You agree that you are solely responsible for maintaining the security of your computer(s) and all personal and other data, including without limitation, encryption of data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. We are not responsible for back-up or restoration of your information or for any loss of or disablement of access to your information. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any of our servers. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.

Feedback and Submissions

We welcome your comments, criticism and suggestions and we expect users to submit feedback (“Submissions”) all of which may be in the form of answers, questions, comments, suggestions, expressive works, plans, or otherwise via the Site. By transmitting, uploading, posting or providing any Submissions, you assign, or agree to assign, pursuant to these Terms of Use all right title and interest in any copyrights, trademarks, patents, trade secrets or other intellectual property embodied therein to us or, to the extent such an assignment is ineffective, you grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, unrestricted license to use, distribute, make, exploit, practice, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display, and authorize others to do so, all such Submissions in any manner whatsoever, in any medium now known or later developed, without compensation, attribution or any obligation to you or to any other person or entity. You agree that we are not under any obligation of confidentiality or restriction, express or implied, with respect to the Submissions or other feedback. By transmitting, uploading, posting or otherwise providing any Submissions to the Site, you also represent and warrant that: (i) the Submissions contain no confidential, secret or proprietary information belonging to someone else; (ii) the Submissions do not and will not violate these Terms of Use and will not cause injury to any person or entity; and (iii) no other party has rights in the Submissions or any related Material, in whole or in part, and that your transmission, posting, uploading or submission of the information does not violate any copyright, intellectual property right or other laws or obligations you may have to any person or entity. You agree that you shall have no recourse against us, or our licensors, successors or assigns, for any alleged or actual infringement or misappropriation of any intellectual property right in any Submissions, whether in whole or in part. We are not responsible for back-up or restoration of any submitted material or for any loss of or disablement of access to your Submissions. To the extent allowed by the laws in the various countries where such rights exist, you hereby waive all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as moral rights in any Submission and consent to any action by us that would not violate such rights in the absence of such consent. You also acknowledge and agree that if and to the extent any Submission identifies you by name, likeness, voice or otherwise (“your identification”), the license granted by you and described above will automatically be deemed to cover and extend to our use of your identification in connection with our use of the Submission. In addition, you warrant that all so-called “moral rights” have been waived.

Links

Any links provided from the Site are provided solely as a convenience to our users. We have no control over the content posted at the sites to which the links are directed, and we make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content or which makes available any circumvention devices, we ask that you notify us in writing so that we may evaluate whether (in our sole discretion), to disable the link. You acknowledge and agree that WMG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. When visiting external links, you should refer to that external site’s terms and conditions of use. No hypertext links shall be created from any site controlled by you or otherwise to this Site without the express prior written permission of WMG. WMG has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

Violations and Indemnification

Your access privileges are subject to these Terms Use. If you violate any of these Terms of Use, you agree that we may deny you access to the Site. You agree to indemnify, defend and hold harmless us, our affiliates and our licensors, as well as our respective officers, directors, affiliates, employees, or agents or any such entities, from and against all losses, expenses, damages and costs, including reasonable attorneys’ and experts’ fees, arising from or related to claims made by any third-party due to or arising out of (a) Submissions or any other content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Site, (b) your use of the Site (or use of the Site by any parties who use your computer, with or without your permission), (c) your violation of these Terms of Use or your violation of any laws or regulations or the rights of another through the use of the Site (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive termination of your relationship with us or your cessation of use of the Site. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. If asked to do so, you agree that you will not attempt to access this Site. Your obligation of indemnification herein shall survive termination or expiration of these Terms of Use.

DISCLAIMER OF WARRANTIES

IN ORDER TO PROVIDE YOU WITH ACCESS TO THIS SITE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES WHICH YOU MAY OBTAIN ON THIS SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEB SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERUPTION, OR ERROR FREE. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER PROVISIONS OF THESE TERMS OF USE, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. You are using this Site at your own risk. Neither WMG, nor their officers, directors, employees, agents, or representatives, or any party involved in the creation, production or delivering of Content for this Site (each, a “WMG Party”) shall be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, the Site. No WMG Party is responsible for any, and each WMG Party disclaims all, liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access to and use of the Site, any information contained on the Site, your personal information or material and information transmitted over our system. While every effort is made to update the information contained on the Site neither WMG nor any third party or data or content provider make any representations or warranties, whether express or implied as to the accuracy, completeness or reliability of any information, data and/or content contained on the Site (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the Site. WMG assumes no liability or responsibility for any errors or omissions in the material displayed on the Site. WMG reserves the right at any time to change or discontinue without notice, any aspect or feature of the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. WMG does not warrant that your use of the Site will be uninterrupted, and we do not warrant that any information (or messages) transmitted via the Site will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Site. WMG reserves the right to change, modify, substitute, suspend or remove without notice any information or services on the Site from time to time. Your access to the Site may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information, features or functionality from the Site at any time. WMG reserves the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms of Use.

Complete Agreement and No Representations

These Terms of Use constitute the entire agreement between you and us relating to your access to and use of this Site and supersede any prior or contemporaneous representations or agreements. Any rights not otherwise expressly granted by these Terms of Use are reserved by us. These Terms of Use may not be modified, either expressly or by implication, except as set forth below.

Modifications

We may modify these Terms of Use or any additional terms that apply to the Site for any reason, such as to reflect changes to the law or changes to our Site. You should review the Terms of Use regularly. We’ll post notice of modifications to these Terms of Use on this page. If you do not agree to the modified Terms of Use, you should discontinue your use of the Site. Termination WMG shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Site; (b) suspend your use of the Site; and/or (c) suspend the use of the Site for anyone WMG believes to be connected (in whatever manner) to you, if:

1. you commit any breach of these Terms of Use;
2. WMG suspects, on reasonable grounds, that you have, might or will commit a breach of these Terms of Use; or
3. WMG suspects, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

If you use (or anyone other than you, with your permission uses) the Site in contravention of these Terms of Use, WMG may suspend your use of the Site. If WMG suspends your use of the Site, we may refuse to restore the Site for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms of Use. WMG shall fully co-operate with any law enforcement authorities or court order requesting or directing it to disclose the identity or locate anyone in breach of these Terms of Use. WMG’s rights under this section shall not prejudice any other right or remedy it may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination or suspension of your use of the Site.

Jurisdiction

The laws of the State of Florida will control these Terms and Conditions of Use, without giving effect to any principles of conflict of laws. You agree that exclusive jurisdiction over any cause of action arising out of these Terms of Use or the Site or any related services shall be in the State or Federal courts located in or near Miami, Florida. You further agree that venue for any dispute arising from these Terms and of Use or this Site or the related services shall be in the State or Federal courts located in Miami-Dade County, Florida and expressly agree to waive all rights to dispute this venue, including the right to file any motions to transfer to a different venue.  If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Site or these Terms of Use more than one (1) year after such claim or cause of action arose. You further agree that we shall be entitled to obtain preliminary injunctive relief to enforce any of the terms of these Terms of Use against you pending a final determination in arbitration, in which case you acknowledge and agree that any breach of these Terms of Use will result in irreparable damages to us, our remedy at law will be inadequate, that we will be able to seek such injunctive relief in addition to any other right or remedy that we may have at law or equity, and that we may do so without posting any form of bond or security. Construction These terms control the relationship between you and us. They do not create any third-party beneficiary rights except as to the obligations of indemnity set forth herein. If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). Your Comments or Questions If you have any questions, comments or concerns arising from this Site, these Terms of Use, the Privacy Policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us at [email protected].