Privacy Policy

Last Updated and effective as of: August 2018

Grassy Creek LLC, including its corporate affiliates and client entities (“we”, “us”, “our”, “the Company”), provides a range of solutions to individuals and provides management services to an entities across a range of businesses. Grassy Creek Investments provides direct investments in small and medium sized enterprises through Grassy Creek Private Equity and supports non-profit environmental causes through the Grassy Creek Foundation.

The Grassy Creek Operating Company is a division providing a range of services across a number of business lines. Grassy Creek Properties is our real estate development group which identifies, develops, manages and maintains properties, buildings, facilities and equipment around the world. Grassy Creek Technology LLC is our technology development company. It develops life management software and business management tools. Eleven Experience is our hospitality business line. It markets, sells and manages incredible vacation experiences at the Company’s properties that are made available for customer use. Irwin Backcountry Guides LLC is our guiding company, it designs and delivers exceptional outdoor activities at all Eleven Experience properties.

This Privacy Policy applies to our customers and prospective customers and visitors to our Company
Websites, including but not limited to www.elevenexperience.com, www.irwinguides.com and www.grassycreek.nl.

Acceptance
We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting the revised Privacy Policy on this page. The date of the last revision of this Privacy Policy is set forth above at the top of this page and should be checked by you periodically. Your continued use of the Websites after such modifications will constitute your acknowledgment of the modified Privacy Policy.

Contact us
If you have any questions about this Privacy Policy, the practices of our Websites, or your dealings with our Websites, please contact us by sending a letter to:

Eleven / Irwin Guides / Grassy Creek
Attn: Privacy Compliance
221 North Hogan
Suite 403
Jacksonville, FL 32202
info@elevenexperience.com

You may also contact us by email at info@elevenexperience.com with “Privacy” in the subject line.

Our Commitment to Privacy
We understand and value the privacy of our consumers. We collect information from our Websites’ visitors in order to deliver an effective and efficient on-line experience and to provide our services and those of our related companies which include, without limitation, companies and businesses in which we have a direct or indirect ownership interest or other contractual relationship (collectively, our “Affiliates”). Our Affiliates include those companies and businesses that are currently Affiliates, and also those that may become Affiliates of us at any time in the future. We will also use the information collected to notify you of updates and modifications to our Websites or services.

This Privacy Policy details the type of information we collect, the methods which we employ to collect the information, why we collect your information and how and when we share information.

What Kind of Information Do We Collect?
We gather information in a variety of ways including, without limitation, on-line forms requesting additional information about a product or service, seeking inquiries or providing comments or questions. Information collected may include name, e-mail address, mailing address, telephone numbers, financial information and any other information or data that you input, upload or provide to the Websites. By way of example, information collected may include, but will not be limited to: allergies, athletic ability, age, and personal preferences.

We also gather information from your access and use of the Websites. This includes a website’s Uniform Resource Locator (URL) that you just came from, which URL you next go to, what browser you are using, your language, dates and times of access, and your Internet Protocol (IP) address.

In addition, we may also collect, or our third party ad servers and/or content servers may collect, certain information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our Websites and to gather demographic information. Our third party ad servers will also provide us with reports that will tell us how many ads were presented and clicked upon at our Websites.

How Do We Use Your Information?
We process your personal data for the performance of a contract with you, or to take steps in order to enter into any contract with you, or to carry out our obligations arising from any contract entered into between you and us. We also process your personal data for our own legitimate interests, provided these interests do not override your right to object. We may also process your personal data where you have consented to do so, and you have the right to withdraw your consent without detriment at any time by contacting us on our details below.

We may combine data provided by you across our Websites. In this case we will have informed you when we collected that data if we intend to share your data internally and combine it with data collected on the Website. We will also have told you for what purpose we will share and combine your data.

We may also use information to help provide and personalize the services you request and expect from us, to conduct direct marketing and sales promotions and to better enhance your experience at our Websites or in using any of our services or those of our Affiliates.

We also want to ensure that content from our sites is presented in the most effective manner for your and for your computer and that we can provide you with the information and services that you request from us in an efficient way. We also use this to administer our Websites for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes, and to keep our site safe and secure.

In order to use certain parts of our Websites, you must provide personal information, for example, where you place an order. Failure to provide your personal information may mean that you cannot fully use our Websites effectively.

Third parties
In some instances, we may share certain personal information regarding our customers. On occasion, we may disclose some or all of your personal information to business partners and sponsors. Business partners may include, but are not limited to, our Affiliates and companies that provide services in connection with ours.

We do provide some of our services through contractual arrangements with Affiliates, services providers, business partners and other third parties. We and our service partners use your information to operate our Websites and to deliver services. We will encourage our service partners to adopt and post privacy policies. However, the use of your information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control. We may work with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, and search information providers). We will notify you in conjunction with a third party when we receive information about you from them and the purposes for which we intend to use that information.

We may also provide information about our customers’ sales, traffic patterns, and related site information to third party advertisers that require the data to select and serve relevant adverts to you and others.

We will disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your
    personal data to the prospective seller or buyer of such business or assets subject to the terms
    of this privacy policy.
  • If we or substantially all of our assets are acquired by a third party, in which case personal
    data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of supply terms and other agreements with you; or to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction and to prevent
    cybercrime.

Transfers for European Economic Area
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”) that may not be subject to equivalent Data Protection Law.

Where your information is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognized legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

Retention
We retain personal data to fulfill our company’s legitimate interests and contractual obligations to you and for six years after that to identify any issues and resolve any disputes. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes.

Use Of Technical Information
Your IP address is a unique number used to identify your specific computer on a public network. We collect IP addresses for the purpose of system administration, to analyze consumer behavior and trends and to audit the use and functionality of our Websites. We may utilize an IP address to identify a Websites visitor when we feel it is necessary to enforce compliance with our Websites terms or to protect our service, site, consumers or others.

Technical information may include the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system, platform, or other similar information.

Information about your visit may include the full Uniform Resource Locators (URL), clickstream to, through and from our Websites (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number or social media handle used to connect with our customer service team.

Use Of Cookies
When you use our Websites we will store cookies on your computer in order to facilitate and customize your use of our Websites. A “cookie” is a small data text file, which a web site stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies may store information that includes, without limitation, randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our Websites. The cookies make your use of the Websites easier, make the Websites run more smoothly and help us to maintain a secure Websites. You are always free to decline our cookies if your browser permits, but some parts of our Websites may not work properly in that case.

We use the following types of cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our Websites and under our terms with you. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
  • Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our Websites when they are using it. This helps us for our legitimate interests of improving the way our Websites work, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognize you when you return to our Websites. This
    enables us, subject to your choices and preferences, to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting/Advertising cookies. These cookies record your visit to our website, the pages you
    have visited and the links you have followed. We will use this information subject to your choices and preferences to make our Websites and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

We may use an outside ad serving company to display banner advertisements on our Websites. As part of their service, they will place a separate cookie on your computer. We and our third party ad server will collect and use information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our Websites in the same manner as above.

Link To Websites and Services
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our Websites have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other companies which place advertising on our Websites may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

Modifying Account Information and Opting Out
Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications about our products and/or services.

You can object to further marketing at any time by checking and updating your contact details within
your account or selecting the “unsubscribe” link at the end of all our marketing and promotional
update communications to you.

You have the opportunity to ask us not to share information with third parties. In addition, we provide
you with the opportunity to change or delete any personal information you may have provided to us.
To make changes to your information please contact us at info@elevenexperience.com

Inherent On-Line Risks
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 10% secure. As a result, while we strive to protect your information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Websites cannot be guaranteed.

Unsubscribing From All Or Select Information
To unsubscribe from e-mail correspondence simply click “unsubscribe” at the bottom of the email.

Your rights
You have the right under certain circumstances:

  • to be provided with a copy of your personal data held by us;
  • to request the rectification or erasure of your personal data held by us;
  • to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
  • to object to the further processing of your personal data, including the right to object to marketing
  • to request that your provided personal data be moved to a third party.

You can contact us on info@elevenexperience.com to exercise any of these rights.

Complaints
If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, which can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data.

Miscellaneous Privacy Issues
You must be at least 18 years old to have our permission to use this Websites. Our policy is that we do not knowingly collect, use or disclose information about visitors that are under 18 years of age without legal guardian consent.

 

Terms Of Use

Last Updated and effective as of: February 13, 2017

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND C S IRWIN LLC. AND ITS SUCCESSORS AND ASSIGNS (“ELEVEN”). PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY LOCATED AT https://elevenexperience.com/privacy-policy/ (THE “PRIVACY POLICY”) CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE AND ITS SERVICES. BY REGISTERING WITH THIS WEBSITE OR USING THIS WEBSITE OR THE SERVICE PROVIDED HEREIN, you are indicating your acceptance of these TERMS OF USE and the privacy policy AND your INTENT TO BE LEGALLY BOUND HEREBY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE AND ITS SERVICE. YOU MAY NOT USE THIS WEBSITE OR THE SERVICE UNLESS YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER.

Eleven owns and operates for the benefit of itself the website at www.elevenexperience.com (the “Website”). Eleven may modify these Terms of Use at any time. The date of the last revision of these Terms of Use is set forth above at the top of this page and should be checked by you periodically. Your continued use of the Website after changes have been posted to these Terms of Use will constitute your acceptance of all such changes.

THESE TERMS OF USE CONTAIN LIMITATIONS ON ELEVEN’S LIABILITY AND DAMAGES RECOVERABLE BY YOU, WAIVERS OF WARRANTIES AND OF INDIVIDUAL CLASS ACTION AND JURY TRIALS AND THE EXCLUSIVE FORUM AND VENUE FOR DISPUTES IS ARBITRATION WHICH WILL TAKE PLACE IN JACKSONVILLE, DUVAL COUNTY, FLORIDA.

In addition to these Terms of Use, please also review our Privacy Policy for information about our commitment to protecting your privacy.

Eleven offers you access to the data contained on this Website solely for your use in learning about Eleven’s services and offerings, and you agree to access this Website only for purposes permitted by these Terms of Use.

  1. You represent and warrant that you are over the age of majority and legally competent to enter into this Agreement. You further warrant that you are using the Website solely to learn about Eleven’s services and to inquire with them about such opportunities. You understand and acknowledge that the Website is owned, operated and maintained by Eleven for the benefit of Eleven. You further understand and agree that you may be able to link from this Website to websites or web pages owned or operated by, or on behalf of, parties other than Eleven. If you are able to link to such other websites or web pages, you understand and agree that any products, services, or information available at such other websites or web pages, and the terms and conditions under which such products, services, and information are being offered, are being provided or determined solely by the entities that own or operate such sites or pages, and not by Eleven. Eleven is not responsible or liable for the content of any linked website nor the accuracy of any information provided therein. Eleven does not make any representation or warranty with respect to such third party websites and is not responsible for their accuracy, sufficiency, veracity, completeness or timeliness. You acknowledge that if you access a third party website from this Website, you do so at your own risk. You understand that a hyperlink to a third party website does not imply that Eleven endorses the content on, or the business of, the hyperlinked website. You understand that you are solely responsible for determining the integrity and reliability of the information on this Website as well as any information found on a third party website linked to this Website. You agree that Eleven shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. You are responsible for reviewing the applicable terms of use agreements and privacy policies of the third party websites.
  2. You agree that, as between Eleven on one hand and yourself on the other hand, any electronic or printed information, data, images, videos, photographs, artwork or other content contained on this Website (“Site Materials”), constitute the copyrighted or copyrightable and proprietary property of Eleven or third parties from whom Eleven has secured permission to display such Site Materials on this Website. You acknowledge that Eleven has granted to you a limited, revocable, and non-exclusive license to use these Site Materials solely for your private use to view the content as it appears on the Website and for no other purposes or uses. You will not commercialize, sell, download, copy, license, re-license, sublicense, modify, reverse engineer, swap, re-use, create derivative works of or re-purpose the Site Materials, nor will you assist others in doing so. Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to us in the United States and other countries and may not be used by anyone for any purpose without our prior express written consent.
  3. Eleven reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent future access to and use of the Website. The foregoing license grant does NOT, without the prior express written permission of Eleven, include the right for you to:
  • publish, publicly perform or display, or distribute to any third party any Site Materials, including reproduction on any computer network or broadcast or publications media;
  • market, sell or make commercial use of the Website or any Site Materials;
  • systematically collect and use any data or content including through the use of any spiders, scrapers, robots, or similar data gathering, mining or extraction methods;
  • make derivative uses of the Website or the Site Materials; or
  • use, frame or utilize framing techniques to enclose any portion of this Website (including the images found at this Website or any text or the layout/design of any page or form contained on a page).
  1. You will use your best efforts to cooperate with Eleven on reasonable terms and conditions in the event Eleven deems it necessary to seek to enjoin or otherwise prohibit the unauthorized use of the Site Materials by a third party, which use may have resulted from your access to this Website.
  2. This Website contains proprietary information that that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. If you believe that any content posted to, or linked from, the Website infringes upon your copyright rights, please consult the xxx set forth below.
  3. ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND OR NATURE EITHER EXPRESS OR IMPLIED OR GUARANTIES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT. ELEVEN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER ELEVEN, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONALITY AVAILABLE ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE. ELEVEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, OR SERVICE PURSUANT TO YOUR USE OF THIS WEBSITE. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT ELEVEN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER ELEVEN, NOR THEIR AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE, THE SITE MATERIALS OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ELEVEN AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ELEVEN IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, ELEVEN’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
  4. ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
  1. You agree to indemnify, defend, and hold harmless Eleven and its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.
  2. You agree that your unauthorized use of the Site Materials will cause injury to Eleven that cannot adequately be remedied by money damages, and that Eleven shall be entitled to preliminary or permanent injunctive relief to enjoin your unauthorized use of the Website or Site Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If Eleven is successful in securing a preliminary injunction order against you, you waive any obligation of to post a security bond in conjunction therewith.
  3. You understand that Eleven has not entered into any form of fiduciary or special relationship with you solely by granting you access to, and use of, the Website.
  4. These Terms of Use will be governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. You agree that the exclusive venue for any dispute arising out of or relating to these Terms of Use, this Website, the Site Materials or any actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights will be in Jacksonville, Duval County, Florida, and that you irrevocably consent to the personal jurisdiction and venue therein. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The parties agree that these Terms of Use shall not be governed by the Uniform Computer Information Transactions Act (UCITA) should UCITA or any similar legislation be in force or later enacted in any jurisdiction governing these Terms of Use.
  1. The parties hereto hereby stipulate that these Terms of Use involve and impact interstate commerce. In the event of any dispute or claim arising between Eleven and you, the parties shall first attempt to resolve the dispute through direct negotiation and discussion between senior management personnel. If the matter is not resolved within 10 days, Eleven and you knowingly, voluntarily and irrevocably agree that any controversy or claim arising between them, INCLUDING THOSE CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE OR THE SITE MATERIALS, shall be resolved EXCLUSIVELY by BINDING ARBITRATION in Duval County, Jacksonville, Florida, under the rules of the American Arbitration Association, which arbitration shall be governed by and enforceable under the Federal Arbitration Act, and judgment on the award may be entered by any court having jurisdiction thereof. NO CLAIMS MAY BE BROUGHT AS A CLASS ACTION, ON A CONSOLIDATED BASIS OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. The parties acknowledge and agree that any dispute about the enforceability or scope of these Terms of Use to arbitrate shall be decided by the arbitrator. All arbitration proceedings shall be maintained in strict confidence. The parties’ mutual promises contained herein, including to arbitrate certain disagreements, rather than litigate them before courts or other bodies, provide consideration for each other for this entire clause.
  1. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE WEBSITE, THE SITE MATERIALS OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND ELEVEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM OR CROSS-CLAIM BROUGHT BY ELEVEN OR YOU, AND ARE ALSO WAIVING THE RIGHT TO PARTICIPATE IN OR BE REPRESENTED IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
  2. Eleven reserves the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing Eleven to disclose any content, data, information, the identity of anyone posting content or using this Website or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE, YOU WAIVE, RELEASE AND HOLD ELEVEN AND ELEVEN’S AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ELEVEN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ELEVEN OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.
  3. The waiver of a breach of these Terms of Use or the failure of a party to exercise any right under these Terms of Use shall only be effective if in writing. In no event shall any waiver constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right under these Terms of Use. These Terms of Use constitute the entire, complete and only agreement between the parties regarding the subject matter contained herein and supersedes all proposals or prior agreements, whether oral or written, and all other communications between the parties relating to this subject matter.   Any modification of any term or condition of these Terms of Use shall be effective only if in writing and signed by authorized representatives of all parties. No other act, usage or custom shall be deemed to modify these Terms of Use. Whenever possible, each provision of these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of these Terms of Use or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible. Otherwise, such provision shall be severed and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of these Terms of Use or the application of the provision to the other parties or other circumstances. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any and all communications and dealings between you, Eleven relating to the Website and these Terms of Use Agreement may be conducted through electronic means.

Copyright Notice and Take Down

This section governs the display of content posted by users and third parties on the Website (if permitted) and Eleven’s procedures for responding to Complaints and Counter Notices pursuant to the Digital Millennium Copyright Act about allegedly infringing content that may be posted to, or linked from, the Website by third parties. 

Some of the services offered by Eleven on the Website and other and related websites and internet domain names that may be operated by Eleven or any of its affiliates or related companies (collectively, the “Sites”) may allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material and content (collectively “Submissions”) to the Sites, including, but not limited to, information, data, content images, video and other files and materials.

Inappropriate Submissions

You agree not to post any Submission to the Sites that: contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; unfairly interferes with any third party’s uninterrupted use and enjoyment of the Sites; advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Sites, is intended primarily to promote a cause or movement, whether political, religious or other; contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content; constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor; infringes any copyright, trademark, patent, trade secret, or other intellectual property right; contains viruses or other harmful, disruptive or destructive files; or is inappropriate for minors to view; links to any commercial or other website; contains any content that is unlawful or in appropriate as determined by Eleven in its sole and absolute discretion; and/or is not otherwise in compliance with these Terms of Use applicable to an Eleven operated Site.

Your Representations and Warranties

Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:

  1. You are the author of the Submission or the owner of all copyright and other intellectual property rights therein, or
  1. The Submission is not protected by copyright law, or
  1. You have express permission from the copyright and other intellectual property rights owner to use the Submission in connection with the Sites; and you have the right to grant Eleven the license set forth below, and your use of the Site(s) and Submission(s) do not violate Eleven’s Terms of Use applicable to the Site(s) to which you post the Submission.

User License Grant to Eleven

You grant Eleven, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, create derivative works, display, store, publish, transmit, perform, distribute, reproduce any Submissions you provide to Eleven in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Eleven to include the Submissions you provide in a searchable format that may be accessed by users of the Sites. You also grant Eleven and its related entities the right to use any of your information, which use is described in the applicable Privacy Policy, included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant to Eleven the right to use the Submission and any facts, ideas, concepts, know-how or techniques contained in any Submission or communication you send to Eleven for any purpose whatsoever, including but not limited to, developing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Sites, without compensation of any sort to you.

Disclaimer of Responsibility for Material

Eleven does not endorse any Submissions, nor does any Submission necessarily represent the views of Eleven or their subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Eleven does not control all Submissions, and disclaims any responsibility for such Submissions. Eleven specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, Eleven does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free. Eleven does not assume any responsibility or liability for any errors or omissions in the content of the Sites or in any Submissions.

Review & Removal of Material

Eleven reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions.

Digital Millennium Copyright Act (DMCA) Procedure

DMCA Complaints

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States Copyright Law. If you believe in good faith that Submissions infringe your copyright, you (or your agent) may send Eleven a notice requesting that the Submission(s) be removed from the Site(s), or access to it be blocked. The notice must include the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works);
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow Eleven to locate the Submission(s);
  4. the name, address, telephone number and email address (if available) of the complaining party so it may be contacted;
  5. a statement that the complaining party has a good faith belief that use of the Submission in the manner complained of 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 an exclusive right that is allegedly infringed.

DMCA Complaints must meet the then current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA Complaints concerning materials on Sites should be sent to Eleven’s Designated Agent to receive notification:

 

C S IRWIN LLC.

ATTN: DMCA Complaint

221 North Hogan

Suite 403

Jacksonville, FL 32202

You may also send the required information by email to info@elevenexperience.com with “DMCA Complaint” in the subject line.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material on a Eleven Site is infringing the copyrights of others. If you are uncertain whether material on a Eleven Site is infringing, Eleven recommends seeking advice of an attorney.

DMCA Counter Notices

If Eleven removes or disables access to content in response to a DMCA Complaint, Eleven will make reasonable attempts to contact the owner of the removed or disabled content, or the owner’s agent. If Eleven removed your material pursuant to another person’s DMCA Complaint and you contend that such material does not infringe upon another’s copyright rights, you may provide Eleven with a counter-notification containing the following details:

  • 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 disabled;
  • your name, address and telephone number;
  • a statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Eleven may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
  • 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 of the material in question; and
  • your physical or electronic signature.

You must send this notification to the following address:

C S IRWIN LLC.

ATTN: DMCA Complaint

221 North Hogan

Suite 403

Jacksonville, FL 32202

You may also send the required information by email to info@elevenexperience.com with “DMCA Counter Notification” in the subject line.

In addition to the foregoing, the DMCA Counter Notification should contain all of the necessary information required by the DMCA, which can be found at http://www.copyright.gov/. Please note, however, that this is not a substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.