Terms and Conditions

Welcome to Discover30A.com, a web site accessible free of charge to the general public with Internet access. Discover30A.com, its contents and related services are owned and managed by Beach Florida Investments 4, LLC.

By accessing and using the Web Site, or otherwise availing Yourself of the services and information offered through the Web Site, You ­ the “User” ­ agree to be bound by the Terms of Service in effect at the time of each such access, use, or availment. You also acknowledge that Beach Florida Investments 4, LLC may, from time to time, in its sole discretion and without notification to You, modify these Terms of Service. It is Your responsibility to apprise Yourself of any such revision or modifications. If You do not so agree, You are not authorized to access the Web Site or avail Yourself of the services offered by Beach Florida Investments 4, LLC.

OVERVIEW

Beach Florida Investments 4, LLC is a Florida limited liability company based in Santa Rosa Beach, Florida (USA) and dedicated to promoting the beaches and communities in Northwestern Florida, including Walton County. Beach Florida Investments 4, LLC created this Web Site to serve as an online community for citizens, businesses and visitors to the beaches of Northwestern Florida and to promote and preserve the area. The various features and information that a User may avail himself of via the Web Site, including formulating and running searches in relation to businesses in the Northwestern Florida area, obtaining information as a result of such searches, receiving information on community events and activities, participating in contests which promote the area, and buying goods and services from area businesses, are collectively referred to herein as the “Services.”

A. User To Provide Internet Access: In order to access the Web Site and/or use the Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

B. Web Site Not To Be Used For Commercial Purposes: This Web Site is intended for use by the general public, as well as other third-parties, including businesses which may pay for Discover30A.com’s services, who from time to time may receive express permission from Beach Florida Investments 4, LLC.

You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose any portion of the Web Site or the Services except as is expressly allowed herein or by the Web Site instructions, or in writing by Beach Florida Investments 4, LLC.

C. Membership Information: You may subscribe to our newsletter as is explained in the text of the Web Site. You are not, however, authorized to register any person other than Yourself or otherwise enter membership information regarding any person other than Yourself.

D. Accessibility And Availability: Beach Florida Investments 4, LLC makes no guarantees regarding the availability of the Web Site or the Services. Furthermore, Beach Florida Investments 4, LLC reserves the right, within its sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site or the terms of the Services as it sees fit. You agree that Beach Florida Investments 4, LLC will not be liable to You for any such discontinuance or modification of the Web Site or Services.

E. Linking (To & From) The Web Site; Advertisers

1. Linked-To Sites: Beach Florida Investments 4, LLC may provide via the Web Site, links to other World Wide Web sites or resources and/or advertisements or other such promotional materials for third parties who have paid for such advertising/promotional placement. Because Beach Florida Investments 4, LLC has no control over the content of linked-to sites or the quality of the goods or services offered by Web Site advertisers, User acknowledges and agrees that Beach Florida Investments 4, LLC is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered by Web Site advertisers. Accordingly, User acknowledges and agrees that Beach Florida Investments 4, LLC 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 the content of any linked-to web sites and/or the quality of any goods or services offered by any Web Site advertisers.

2. Links To Beach Florida Investments 4, LLC From Other Sites

F. Privacy Policy: The Web Site Privacy Policy shall govern the maintenance and use by Beach Florida Investments 4, LLC of all User-provided information and is hereby incorporated by reference as a part of this Agreement.

G. Prohibition Against Harmful Transmissions: You agree that You will not upload, post, e-mail, or otherwise transmit to the Web Site or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment

H. Warranties And Limitation Of Liability

1. Beach Florida Investments 4, LLC / Beach Florida Investments 4, LLC Warranties

NEITHER Beach Florida Investments 4, LLC NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE WEB SITE-RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICES ARE DISTRIBUTED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER Beach Florida Investments 4, LLC NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS, SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE WEB SITE-RELATED SERVICES, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. Limitation Of Liability

Beach Florida Investments 4, LLC SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEB SITE (INCLUDING USER DATA AND MEMBERSHIP FILES AND INFORMATION) THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. Beach Florida Investments 4, LLC SHALL HAVE NO LIABILITY WITH RESPECT TO Beach Florida Investments 4, LLC’S OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEB SITE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Beach Florida Investments 4, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Beach Florida Investments 4, LLC TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF ONE-HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.

I. Indemnification: You agree to indemnify, defend, and hold harmless Beach Florida Investments 4, LLC, as well as its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Your representations, warranties, or agreements hereunder; and/or (ii) arises out of Your negligence, willful misconduct, or other breach of this Agreement.

J. Severability: In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).

K. Entire Agreement: This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between You and Beach Florida Investments 4, LLC. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.

L. Choice Of Law: This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the State of Georgia.

M. Choice Of Venue And Acknowledgment Of Personal Jurisdiction: Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the Superior Court of Cobb County, State of Georgia. You acknowledge the right of the specified court to assert personal jurisdiction in any such action over You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

N. Headings For Convenience Only: The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.

O. Waiver: The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.

P. Contact: Please direct all inquiries and other communications relating to the Web Site and/or the Services to:

Legal Department
Beach Florida Investments 4, LLC
3468 W. Scenic 30-A
Santa Rosa Beach, FL 32459
United States of America
legal@Discover30A.com

Q. Local Laws: You warrant and agree that Your access to and use of the Web Site is in compliance with the laws governing such access, use, and related conduct in Your geographic region.

R. Prohibited Conduct: Use of this Web Site or the corresponding Services for any use or reason other than the intended and permissible uses set forth herein and in the text of the Web Site (“Authorized Uses”) is expressly prohibited. Any use or access other than an Authorized Use constitutes violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, 30-A.com may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your privilege to use and access the Web Site if You: (1) breach this Agreement; (2) provide incorrect member information; and/or (3) take actions that Beach Florida Investments 4, LLC believes may result in legal liability for You, for Beach Florida Investments 4, LLC, or for other Web Site users.

IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITE. YOU MUST EXIT THE WEB SITE IMMEDIATELY.

ADVERTISERS

Limitation of Liability to Businesses who post on site

1. Availability Of Web Site: Beach Florida Investments 4, LLC shall use its best efforts to ensure that its web site shall be accessible to third parties via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week. In the event that the web site is not accessible due to any interruption less than 24 hours in duration, Beach Florida Investments 4, LLC shall not be liable for any damages, expenses, set-offs, or other claims asserted by Client providing business listing (“Client”) that relate in any way to or arise from such interruption. For any interruptions lasting longer than 24 hours, Client’s sole and exclusive remedy and Digital Coordinate’s sole and exclusive liability shall be expressly limited and shall not exceed an amount equal to a pro-rata share of the services fee per year (IF ANY) and payable only in the form of a credit toward Client’s next-due payment.

2. Web Site Content

a. Permissible Content: Client shall provide all client information to be included on the Beach Florida Investments 4, LLC web site. All information provided by Client shall not contain any content or materials which are obscene, threatening, malicious, which infringe on or violate any applicable law or regulation or any proprietary, contract, moral, privacy or other third-party right, or which otherwise exposes Beach Florida Investments 4, LLC to civil or criminal liability. Client assumes sole responsibility for: (a) acquiring any authorizations) necessary for hypertext links to third-party Web sites; and (b) the accuracy of materials provided to Beach Florida Investments 4, LLC, including, without limitation, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted; and (c) ensuring that all information provided by client does not infringe or violate any right of any third party; and (d) ensuring that all information provided by client does not otherwise contain any content or materials that are obscene, threatening, malicious, which infringe on or violate any applicable law or regulation or any proprietary, contract, moral, privacy or other third-party right, or which otherwise exposes Beach Florida Investments 4, LLC to civil or criminal liability

b. Remedies And Responsibilities For Impermissible Content: Notwithstanding Client’s sole responsibility to provide information as is set forth in the paragraph immediately above, Beach Florida Investments 4, LLC reserves the right, in its sole discretion, to exclude or remove from the Web Site any hypertext links to third-party web sites, any information provided by Client on the Web Site, or other content not supplied by Beach Florida Investments 4, LLC which, in Beach Florida Investments 4, LLC sole reasonable discretion, does not comply with the description of permissible content set forth in the paragraph immediately above, provided that such right shall not place an obligation on Beach Florida Investments 4, LLC to monitor or exert editorial control over the Web Site.

Contact Us

If you have any question or concerns about this policy, you may contact us at:

Beach Florida Investments 4, LLC
3468 W. Scenic 30-A
Santa Rosa Beach, FL 32459
legal@Discover30A.com

Last Update: 03.26.2008