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  Terms of Use  
YOUR ACCESS TO AND USE OF THE WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS BELOW (“TERMS”) AND ALL APPLICABLE LAWS. BY VISITING OUR WEB SITE, YOU ACCEPT THESE TERMS, AS WELL AS OUR PRIVACY POLICY WITHOUT LIMITATION OR QUALIFICATION. THE PRIVACY POLICY, WHICH YOU MUST READ, CONTAINS IMPORTANT INFORMATION ABOUT THE USE OF YOUR PERSONAL DATA AND OTHER INFORMATION REGARDING YOUR PRIVACY. ACCORDINGLY, IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR OUR PRIVACY POLICY, YOU SHOULD NOT VISIT THIS WEB SITE.

Information about Us. The Marshall Creek Community Development District has operations in St. Augustine, Florida and has its headquarters at 600 Palencia Club Drive, St. Augustine, Florida 32095. We maintain and operate this Web site for your information, education, communication and entertainment.  If you have any questions, complaints or comments regarding this Web site, you may contact us at Palenica_aware@hines.com.

Authorized Use. We invite you to use the The Marshall Creek Community Development District Web site solely for your personal, informational, communication, educational and entertainment use, but we must insist that you do not use the Web site for any other purpose, including any commercial purpose other than your relationship with us. We also must insist that you refrain from using any robots, spiders, or other automatic devices to monitor or copy our Web site content or otherwise attempt to interfere with the intended and efficient functioning of our Web site. You agree that in using the Web site you will not use the Web site in any way that may lead to the encouragement, procurement or carrying out of any criminal activity.  You agree to comply with the restrictions on your use of the Web site as set out in these Terms.  Any material that you transmit to the Web site, other than personal data which is covered by our Privacy Policy, will be considered non-confidential
and non-proprietary and we will not be subject to any restrictions or obligations with regard to it.

Content Within Our Web Site. We strive to provide content on our Web site that is valuable and entertaining to you, but we must protect our legal rights in connection with such content. All content accessible within the Web site (including without limitation, the “look and feel” of the Web site, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) is proprietary to us or to other parties who have consented to our use of it in accordance with applicable law, including applicable international treaties.  To avoid any claim of infringement or other wrongdoing, you should not, without limitation:
(1) copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the Web site
content;
(2) frame or deeplink to the Web site; or
(3) use meta tags or any other hidden text utilizing our or our content providers’ trademarks or service marks on or in connection with another domain name or Web site. The only exception to this is that you may print out a copy of pages solely for your personal use. In so doing, you agree that you will not remove or alter any copyright, trademark or any other proprietary notice or legend appearing in any of our Web site content.  Please Do Not Submit Ideas, Suggestions, or Other Content to Us Unless Your Intent is to Give Us That Information Unconditionally. We recognize that sometimes you may want to provide us with your ideas, suggestions, or other content for consideration. While we value your enthusiasm for our company, properties, projects and services, we are unable to accept any information that you provide if it contains any obligation or limitation whatsoever. Thus, by
submitting ideas, suggestions, or other content of any sort to us, you are assigning to us all related right, title and interest in those ideas, suggestions, or content, along with all associated copyrights or other proprietary or legal rights. As a result, we will own the exclusive right to use, throughout the world, such ideas, suggestions, or other content that you provide to us, without compensation or further obligation to you. You also agree to take any further action (including signing affidavits and other documents) that we reasonably request to create, record or perfect our rights as set forth in this paragraph. Accordingly, please do not submit ideas, suggestions, or other content to us unless your intent is to give us that information unconditionally.

Action in Response to Violation of Terms. Violating these Terms or misusing or infringing Hines’ or the Marshall Creek Community Development District’s intellectual property rights may result in legal action against you. For instance, you could be subject to civil, criminal and injunctive relief, be barred from the Web site (without notice and at our discretion), or be subject to other remedies available under the law. In that monetary damages may not provide adequate relief to us for violation of these Terms, you consent to injunctive or other equitable relief in such instances.

Links to Other Web Sites. In some instances, our Web site may reference or link to third party Web sites. Should you choose to visit those Web sites, please remember that we are not responsible for their content, their terms of use, or their privacy policies. We encourage you to read and review the terms of use and other legal terms and policies of all Web sites you visit. You understand that we will not be liable to you in respect of any loss or damage which you may suffer by using those Web sites. You agree that you will not involve The Marshall Creek Community Development District in any dispute between you and a third party.

Indemnity. You agree to indemnify and hold us, and our officers, employees, representatives, contractors and agents (“Indemnified Parties”) harmless from any liability, loss, claim and expense, including attorneys’ fees and expenses, related to your violation of these Terms or your use of our Web site.

Disclaimer.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INDEMNIFIED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE WEB SITE OR THE USE OR RELIANCE UPON, ANY OF THE CONTENT OR ANY INFORMATION ACCESSED FROM THE WEB SITE.

Governing Law. If you use the Web site and a dispute results relating to your use, the dispute will be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of St. Johns County, State of Florida.

Who We Are. When we say “we” or “us” or “our” or “The Marshall Creek Community Development District” in these Terms, we mean The Marshall Creek Community Development District, our affiliates, and those agents we use to provide services on our behalf.

Severability. In the event that any provision contained in these Terms will be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the validity, legality and  enforceability of such provision in every other respect and the validity, legality and enforceability of the remaining provisions contained in this Agreement will not be in any way impaired thereby.

Revisions to Terms. By using our Web site, you consent to and accept these Terms. We are constantly looking for new ways to improve the Web site, and we reserve the right to change these Terms periodically, without providing individual notice, by updating these Terms. All such changes will take effect once they have been posted on the Web site. You agree that it is your responsibility to monitor such updates and that your continued use of the Web site after such revisions have been made will constitute your full acceptance of such revised terms and conditions. These Terms were last updated on the date listed at the beginning of these Terms.

Copyright © 2012 The Marshall Creek Community Development District.
All rights reserved.

Additional Terms of Use

Neighborhood Publications, Inc. publishes this website for the use of residents and other authorized users. The content is protected under copyright laws and may not be reproduced for any commercial purpose unless approved in writing by Neighborhood Publications, Inc. Neighborhood Publications Inc.’s acceptance of advertising does not constitute its endorsement or approval of any product or services. Views and opinions do not express the viewpoint of Neighborhood Publications, Inc. In order to maximize the currency and completeness of the information presented here, many people are permitted to write or alter various portions of the information residing on this server. Thus Neighborhood Publications, Inc. takes no responsibility for content produced by individuals who are not employees of Neighborhood Publications, Inc. If misleading or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it. The information contained in this website is for general information purposes only. Neighborhood Publications, Inc. makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will Neighborhood Publications, Inc.; the neighborhood HOA or CDD; or the management company be liable for content produced by others on this website, nor for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Neighborhood Publications, Inc. We have no control over the nature, content and availability of those sites. The inclusion of any links does not imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Neighborhood Publications, Inc. takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical or other issues.

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