Terms of Use

Last Updated: January 21st 2021
1. INTRODUCTION These Terms of Use (the “Terms”) set forth a legally binding agreement between you and Aqua on The Levee (“Aqua”, “we”, “us”) and govern your use of aquaonthelevee.com (the “Site”). By using the Site, you are bound by these Terms, including the binding arbitration terms and waiver of class actions and jury trials in Section 9, the Site’s Privacy Policy, and any additional or different terms and/or conditions that may apply to your use of the Site or to a service or product offered via the Site (in each such instance and collectively, “Additional Terms”). If you do not wish to be bound by these Terms, and any applicable Additional Terms, do not use the Site. These Terms are subject to change without notice. When such a change is made, we will update the “Last Updated” date at the top of this page. Your continued use of the Site constitutes your agreement to be bound by these Terms.
2. USE OF THE SITE A. Content. The Site may contain (i) materials and other items relating to Aqua and its services including layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Site such as the selection, compilation, assembly, arrangement, and enhancement of the Site; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Aqua; and (iii) other forms of intellectual property (all of the foregoing, collectively, the “Content”). All rights, title, and interest in and to the Content available via the Site is the property of Aqua, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. B. Limited License. Subject to your strict compliance with these Terms, Aqua grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Content on a personal device, and retain one copy of the Content as it is displayed to you for your personal, non-commercial use only. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Content, which may be immediately suspended or terminated for any reason, in Aqua’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. C. Reservation of All Rights. All rights not expressly granted to you are reserved by Aqua and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Site for any purpose is prohibited. D. Site Content Accuracy. Aqua will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, availability, and other matters. Aqua reserves the right to correct any errors and to update Site information at any time. We apologize for any inconvenience such errors may cause you. E. Availability of Site and Content. Aqua may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them), in whole or in part, for any reason, in Aqua’s sole discretion, and without advance notice or liability. F. Restrictions and Prohibited Uses. You agree that, except as otherwise authorized, you will not: • Use the Site for any commercial or political purpose (including, without limitation, for purposes of collecting prices). • Engage in any activities through or in connection with the Site that: harm, or attempt to harm, any individuals or entities; are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, scandalous, inflammatory, pornographic, profane, abusive; violate any right of any third party; could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or are otherwise objectionable to Aqua. • Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Site by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Site. • Engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Aqua, or other users of the Site. • Interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Site or the Content. • Harvest, scrape, or otherwise collect or store any information, including personal information, from the Site. • Attempt to gain unauthorized access to the Site or other computer systems or networks connected to the Site; attempt to probe, scan, or test the vulnerability of a system or network; or attempt to breach security or authentication measures without proper authorization. • Use the Site to transmit information that is in any way false, fraudulent, or misleading. • Monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind. • Frame or utilize framing techniques to enclose any Content (including any images, text, or page layout). • Remove any copyright, trademark, or other intellectual property or proprietary notices or legends contained in the Content; • Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any third party or on any third-party application or website, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of Aqua. • Insert any code or product to manipulate the Content in any way that adversely affects the Site or attempt to interfere with service to any user, host, or network. • Otherwise violate these Terms. You may send messages about Aqua to your friends using a tool we provide on the Site; in sending such messages, you represent that you are authorized to provide that individual’s contact information. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (i) the links only incorporate text and do not use any Trademarks; (ii) the links and the content on your website do not suggest any affiliation with Aqua or cause any other confusion; (iii) the links and the content on your website do not portray Aqua or its products or services in a false, misleading, derogatory, or otherwise offensive manner; and (iv) your website does not contain content that is unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, or abusive or that violates any right of any third party or is otherwise objectionable to Aqua. Aqua reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
3. THIRD-PARTY INTERACTIONS A. Third-Party Content and Websites. The Site may display, include, or make available content, data, information, applications, or materials from third parties or provide links to certain third-party content that is not owned, controlled, or operated by Aqua. Any interactions, transactions, or other dealings that you engage in with any third parties found on or through the Site are solely between you and the third party. By using the Site, you acknowledge and agree that Aqua is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party services. You hereby agree to indemnify Aqua against all claims, injury, and/or damages arising out of your use of any third-party service. B. Business Transactions. We reserve the right to transfer any information we obtain through the Site in the event of a joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).
4. MARKETING MESSAGES A. Text Messages. You may be given opportunities to subscribe to various text marketing or other text messaging programs, which may include messages sent by auto-dialers. These programs may include text messages from our various businesses and affiliates, as well as co-promotions. Your participation in any text message program will be subject to these Terms as well as any other terms presented to you at the time you opt in. Your consent to receive text messages is not required to purchase any product or service. B. Email Messages. You may modify your email marketing communications preferences by following the instructions contained in our promotional emails. Please allow up to 10 business days for your request to be processed. Please note that even if you opt out of receiving marketing communications, we may still send you transactional emails relating to your use of the Site.
5. LIMITATION OF LIABILITY IN NO EVENT WILL AQUA, OR ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, “AQUA PARTIES”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE, TOOL, OR PRODUCT OFFERED THROUGH OR IN CONNECTION WITH THE SITE (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM: (I) OUR SITE, (II) THESE TERMS, (III) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (IV) USE OF THE SITE, TOOLS, OR SERVICES WE OR ANY THIRD PARTY PROVIDES THROUGH THE SITE, (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR IN CONNECTION WITH THE SITE, AND/OR (VI) INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SERVICE BY A TOOL OR SERVICE ON OUR SITE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. As permitted by applicable law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Aqua Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site). EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS OR AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AQUA PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID AQUA IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
6. DISCLAIMERS AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, AQUA PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH OR OTHERWISE RELATED TO THE SITE, INCLUDING CONTENT OR FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SERVICE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES, MALICIOUS SOFTWARE, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR PERSONAL INFORMATION MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR OTHER CONTENT TO US AND/OR BY POSTING INFORMATION ON THE SITE NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND AQUA PARTIES OTHER THAN PURSUANT TO THESE TERMS.
7. EXPANSION OR LIMITATION OF WARRANTIES AND DISCLAIMERS EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NOTHING IN THESE TERMS EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY AQUA PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT, BUILDING, OR LOCATION SOLD BY OR LEASED FROM AQUA PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT; (II) AQUA PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY AQUA PARTIES; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST AQUA PARTIES THAT IS NOT WAIVABLE.
8. INDEMNIFICATION You agree to defend, indemnify, and hold harmless Aqua Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Site; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (v) any misrepresentation made by you. Aqua Parties reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You will not in any event settle any claim without our prior written consent and you agree to cooperate with our defense of any such claim.
9. DISPUTE RESOLUTION Certain portions of this Section 9 are deemed to be a “written agreement to arbitrate” pursuant to the U.S. Federal Arbitration Act. You and Aqua agree that that this Section 9 satisfies the “writing” requirement of the U.S. Federal Arbitration Act. This Section 9 can only be amended by mutual agreement. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, these Terms, or any Additional Terms (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution. Our notice to you will be sent based on the most recent contact information that you provide us. If no such information exists, or if such information is not current, then we have no obligation under this Section. Your notice to us must be sent to legal@cigproperties.com or to: Aqua on Parkway Attn: Legal 1400 Encore Place Lake Mary, FL 32746 For a period of sixty (60) days from the date of receipt of notice from the other party, you and Aqua will engage in a dialogue to attempt to resolve the Dispute, though nothing will require either you or Aqua to resolve the Dispute in this manner. Arbitration. If we cannot resolve a Dispute as set forth above within sixty (60) days of receipt of the notice, then to the fullest extent not prohibited by applicable law, any and all disputes between you and Aqua of any nature arising out of any transaction or relationship related to this Site or these Terms shall be resolved by arbitration in accordance with this Section. BY USING THE SITE AND AGREEING TO ARBITRATION YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. You and Aqua expressly delegate to the arbitrator the authority to determine the arbitrability of any dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. You may begin an arbitration proceeding by sending an email to legal@cigproperties.com or sending a letter requesting arbitration to: Aqua on Parkway Attn: Legal 226 E. 8th Street, Cincinnati, OH 45202 Disputes will be resolved solely by binding arbitration in accordance with the then-current consumer Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to arbitrate the Dispute, then either party can elect to have the arbitration administered by Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures or by any other arbitration administration service that you and an officer or legal representative of Aqua consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Aqua to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Aqua will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will (i) apply applicable law and the provisions of these Terms and any Additional Terms; (ii) determine any Dispute according to applicable law and facts in the record and no other basis; and (iii) issue a reasoned award only in favor of the party seeking relief and only to the extent such relief is warranted by that party’s claim. This arbitration provision shall survive termination of these Terms. Class Action and Trial by Jury Waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AND AQUA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE TO WAIVE TRIAL BY JURY IN ANY DISPUTE.
10. APPLICABLE LAW These Terms and any applicable Additional Terms will be governed by and construed in accordance with the laws of the State of Florida United States of America without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.
11. ASSIGNMENT Aqua may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Aqua.
12. COMPLETE AGREEMENT AND SEVERABILITY Unless otherwise specified, these Terms constitute the entire agreement between you and Aqua. If any part of these Terms is held illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of Aqua to act with respect to a breach by you or others does not waive Aqua’s right to act with respect to subsequent or similar breaches. Aqua’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing signed by an officer of Aqua.
13. INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT Aqua reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Aqua may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
14. INTERNATIONAL ISSUES Aqua controls and operates the Site from its U.S.-based offices. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
15. ELECTRONIC CONTRACTING You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Site, other than to read the Terms (or Additional Terms) and Privacy Policy, constitutes agreement to the Terms, and any applicable Additional Terms, then posted without further action by you.
16. TERMINATION; SURVIVAL We may suspend or terminate your access to the Site, in whole or in part, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Aqua under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from Aqua, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms and any applicable Additional Terms which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Aqua in these Terms as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, jury waiver, and mandatory arbitration.
17. CONTACT US Any questions regarding these Terms may be directed to David Bastos legal@cigproperties.com