TERMS OF SERVICE

PLEASE CAREFULLY READ THESE TERMS OF SERVICE ("Terms") BEFORE USING THE WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. Clearview Communities ("Company" or "we," "our," or "us") owns or controls, and provides access to: a) several interactive web sites (“Sites”) (however accessed and/or used, whether via personal computers, mobile devices or otherwise); and b) other interactive features (including but not limited to applications) and widgets (collectively, “Features”) that are accessible or downloadable through the Sites and that link to these Terms. The Sites’ features include online entertainment experiences and advertising Services, including, without limitation, online games, sweepstakes, contests, news, advertising Services and general information. The Sites and Features shall be referred to collectively in these Terms as "Services". These Terms only apply to the Services, and not to any other web site or any offline activities offered by Company that do not link to these Terms (unless specifically stated within such web sites/activities). In addition to the Terms, some of our Features, including but not limited to games, sweepstakes and contests, may have Terms and conditions (“Rules”) applicable specifically to such Features that govern your participation in those Features.

By using or accessing the Services, you acknowledge and agree that the Services will be construed and evaluated according to the applicable laws of the United States only. If you use or access the Services from locations outside the United States, you assume all responsibility for compliance with any and all applicable laws of the jurisdiction in which you are then located. We make no representations that our Services and the components thereof are appropriate for any locations other than the United States. You are prohibited from accessing or using the Services in any location outside the United States where contents of the Services are deemed illegal.


No person under 13 years of age should access, use or disclose information on the Sites.

We do not intend the Services to be accessed or used by individuals between the ages of 13 and 18 (19 if a resident of Alabama or Nebraska) (“Permissible Minors”) without the knowledge and permission of a parent or legal guardian who is 18 years of age or 19 if a resident of Alabama or Nebraska) (“Adult”). We rely upon such Adults to determine if the Services are appropriate for the viewing, access, or use by Permissible Minors. If an Adult permits his/her Permissible Minor to use the Services, such Adult agrees, on such Permissible Minor’s behalf, that the Permissible Minor shall abide by and be bound by these Terms.

These Terms constitute a legally binding agreement that governs your use of the Services. By using or accessing the Services, you accept and agree to be bound by these Terms. Your use of the Services is subject to these Terms as well as any policies and procedures that we may adopt, which may be updated by us from time to time with additions, revisions, or modifications (collectively, “revisions”). If we make revisions to these Terms, such revisions will take effect immediately upon being posted on the sites. However, no revisions to these Terms shall apply to a dispute of which we had actual notice on the date of such revisions are implemented. We will notify you of any revisions to these Terms through one or both of the following methods: (1) we will post any revisions on www.clearviewcommunities.com/termsofuse or within the Services; and/or (2) we will send you a message informing you of the revised Terms and linking you to the posting at www.Clearviewcommunities.com/termsofuse. You agree that you will (1) periodically check www.clearviewcommunities.com/termsofuse for updates to these Terms, and (2) read the messages we send you to inform you of any revisions. You agree that you will be considered to have been given notice of any revisions once we post them to www.Clearviewcommunities.com/termsofuse and that your continued use of the Services after such notice shall be deemed an acceptance of any revisions.

As with our Privacy Policy, if you do not agree to any of these Terms, you should discontinue using or accessing the Services. If there is a conflict between these Terms and any other Rules posted in connection with one of our Features, then these Terms will control.

A. Subject to your acceptance of these Terms, Clearview Communities grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Services and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Services except as specifically allowed by these Terms. Any use of the Services in violation of the above will be regarded as an infringement of our copyrights in and to the service. As a result, in addition to any other remedies that we may pursue against you, we reserve the right to terminate your access to the Services without notice to you and to forever bar you from using the Services thereafter.

B. We reserve the right to discontinue the Services or any portion thereof or to change the content of the Services in any way and at any time, with or without notice to you, without liability.

C. Your use of the Services is conditioned upon your compliance with these Terms

D. You represent that you are 13 years of age or older. Additionally, if you are between the ages of 13 and 18 (19 if a resident of Alabama or Nebraska), you represent that your legal guardian has reviewed the Terms, is aware that you are using the Services, and has given his/her express permission for you to use the Services.

E. You are responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using the Services.

A. Unless otherwise specified in writing, the past, present and future contents of the Services, including, without limitation: organization, graphics, text, images, audio, videos, designs, compilations, advertising copy: trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Services, including without limitation, the "look and feel" of the Services (collectively, "content") are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are owned, controlled or licensed by Clearview Communities, its parent company, subsidiaries, affiliates, or its licensors.

B. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Clearview Communities, no rights in or to the Services (either by implication, estoppels or otherwise) are granted to you.

C. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Services. Copying, archiving or storing any part of the Services for a purpose that is not permitted by these Terms is expressly prohibited without prior written permission from Clearview Communities or the applicable copyright holder as identified on the Services.

D. All comments, feedback, suggestions, ideas, and other submissions ("ideas") disclosed, submitted, or offered to Clearview Communities in connection with the use of the Services shall be considered gratuitous, unsolicited and without restriction, and will not place Clearview Communities under any obligation to you. Such ideas shall be the exclusive property of Clearview Communities. You agree that unless otherwise prohibited by law, Clearview Communities may use, sell, exploit and disclose the ideas in any manner, without restriction and without compensation to you.

E. Subject to your strict compliance with these Terms, company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use and/or play a single copy of the content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original content or any copy you may make of the content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Services' software, html, javascript, or other code; reverse-engineer, decompile, reverse-assemble, modify or attempt to discover any source code that the Services create to generate its web pages; or any software or other products or processes accessible through the Services; and (iii) do not insert any code or product to manipulate the content in any way that affects any user's experience.

The Services may contain hyperlinks to other web sites that are not owned, operated or controlled by Clearview Communities ("other sites"). If you use the hyperlinks to access these other sites, you will leave the Services and your browser will be re-directed to the other sites. The other sites may have their own Terms of service and privacy policies and those other sites may have different practices and requirements than the Services. The links to other sites are provided for convenience only and Clearview Communities does not endorse the content, information or other materials made available via the other sites. You are solely responsible and liable for any interactions you may have with any other sites, their sponsors and other third parties, including but not limited to, the delivery of and payment for goods and Services, and any other Terms, conditions, warranties or representations associated with such interactions. We shall not be responsible or liable for any part of any such interactions or for any damages or injuries arising from or in connection with such interactions. You are further responsible for compliance with such other sites’ own Terms of service/use and for familiarizing yourself with those sites’ own privacy policies regarding their use of the personal information you supply while on those sites. We do not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by other sites.

Any web site that links to the Services: (a) must not frame or create a browser or border environment around any of the content of the Services; (b) may link to, but not replicate, the content; (c) must not imply that Clearview Communities or the Services are endorsing or sponsoring it or its products, unless we have given our prior written consent; (d) must not present false information about us or our Services; (e) must not use any of our trademarks without our prior written permission; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any of the Services, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to deny permission to link to the Services for any reason in our sole and absolute discretion.

A. The Services may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Clearview Communities and/or via the Services, generally, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "user content"). Any material you transmit to Clearview Communities or via the Services will be treated as non-confidential and non-proprietary.

B. You warrant and represent that your user content is wholly original to you and you exclusively own the rights to your user content, including the right to grant all of the rights and licenses in these Terms without Clearview Communities incurring any third-party obligations or liability arising out of its exercise of the rights thereto granted by you through these Terms.

C. You grant to Clearview Communities the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your user content, for any purpose whatsoever, in any and all formats, on or through any and all media, software, formula or medium now known or hereafter devised, and with any technology or devices now known or hereafter developed and to advertise, market and promote same.

D. We have no obligation to monitor or enforce any intellectual property rights that may be associated with your user content, but we do have the right, though not the obligation, to enforce such rights through any means we see fit, including bringing and controlling actions on your behalf.

E. Clearview Communities has no obligation to accept, display, review, monitor, or maintain any user content. We have the right to delete user content from the Services without notice for any reason at any time. We may move, re-format, edit, alter, distort, remove or refuse to exploit user content without notice to you and without liability; provided, however, that we reserve the right to treat user content as content stored at the direction of users for which Clearview Communities will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth below when violations are brought to our attention.

F. You acknowledge that you do not rely on Clearview Communities to monitor or edit the Services and that the Services may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

G. Clearview Communities does not control or endorse the content, messages or information found in user content on the Services or on external sites that may be linked to or from the Services and, therefore, we specifically disclaim any responsibility with regard thereto.

A. As a condition of your use of and access to the Services, you agree to comply with these usage rules, which are provided as an example rather than as a limitation, and any usage rules that may be published in connection with any feature within the Services.

B. You agree that your use of and conduct on the Services shall be lawful and your user content will not: (1) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap; (2) include profanity or, in Clearview Communities’ opinion, any obscene, indecent, pornographic, sexual or otherwise objectionable content or language; (3) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone; (4) promote violence or describe how to perform a violent act; (5) violate the contractual, personal, intellectual property or other rights of any party; (6) promote or constitute illegal activity; or (7) be in violation of these Terms (collectively "content restrictions").

C. You and your activities on the Services will not: (1) reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual; (2) attempt to impersonate any other party; (3) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications; (4) trick, defraud or mislead Clearview Communities and other users, especially in any attempt to learn sensitive account information such as passwords; (5) make improper use of Clearview Communities’ support Services or submit false reports of abuse or misconduct; (6) engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, web site, pyramid scheme or other multi-tiered marketing scheme; (7) disparage, tarnish, or otherwise harm, in Clearview Communities’ opinion, Clearview Communities and/or the Services; (8) violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Clearview Communities on the Services; (9) disseminate or transmit viruses, worms, trojan horses, rats, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (10) upload or transmit (or attempt to upload or to transmit) viruses, trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Services and user content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services or the user content; (11) copy or adapt the Services’ software including but not limited to flash, php, python, html, javascript or other code; (12) reverse- engineer, decompile, reverse- assemble, modify or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services; (13) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms"); (14) except as may be the result of standard search engine or internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Services, or use or launch any unauthorized script or other software; (15) cover or obscure any notice, banner or advertisement on the Services; (16) disguise the source of your user content or other information you submit to the Services or use tools which make your internet protocol address anonymous (e.g. Anonymous proxy) to access the Services; (17) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services or user content; (18) sell the Services or any part thereof including but not limited to virtual goods or virtual currency, user accounts and access to them in exchange for real currency or items of monetary value; or (19) engage in cheating or any other activity deemed by Clearview Communities to be in conflict with the spirit or intent of the Services

D. You represent, warrant and agree that you will comply with the above usage rules.

A. The Services are only available to persons who are registered members of the sites or of the social network through which they access the Services, and are in compliance with these Terms and the Terms of use/service of any such social network. In creating any account through which you will access the Services (“account”), you agree to: (1) provide true, accurate, current and complete information about yourself ("registration data"); and (2) maintain and promptly update the registration data to keep it true, accurate, current and complete.

B. If you provide any information that is untrue or inaccurate, or any information of any type that pertains to an individual other than yourself, or if Clearview Communities has reasonable grounds to suspect that such information is untrue, inaccurate, or not your own, Clearview Communities has the right to suspend or terminate your ability to participate in the Services and to refuse any and all current or future use of the Services (or any portion thereof).

C. During the registration process, you may be prompted to create a password and a user name. Once you have completed the registration process, you may have a profile set up for you. You are solely and entirely responsible for maintaining the confidentiality and security of your password and user name. You are responsible for all uses of your user name and password, including, but not limited to, any transactions facilitated through the use of your user name and password, whether or not authorized by you. If you permit any person to use your user name and password, you may be liable for transactions made by that person, including transactions for which you may not have intended to be liable. We are not liable for unauthorized use of your account.

You agree to immediately notify us of any breach of security, including, without limitation, unauthorized use of your user name or password. You agree to exit immediately ("log off") from your account at the end of each session within the Services.

A. Any software that we make available for download or use from the Services and/or our servers (the "software") is the copyrighted work of Clearview Communities or its licensors or suppliers. Your use of the software may be governed by the Terms of an end user license agreement that accompanies or is included with the software (the "license agreement"). Please carefully review any such license agreement to determine the full extent of conditions governing the use of such software. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement applicable to such software.

B. Software from the Services may be subject to United States export controls. Thus, no Software from the Services may be downloaded, exported or re-exported (1) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. Clearview Communities and its users specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

A. The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work or that of another on whose behalf you are authorized to act has been copied without your authorization and is available on or in our website or Contest in a way that may constitute copyright infringement, you may provide notice of your claim to Clearview Communities’ Designated Agent listed below. For your notice to be effective, it 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 (the “Complaining Party”); (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on or in our website or Contest; (4) Information reasonably sufficient to permit One Up or One Up’s Designated Agent to contact the Complaining Party, such as address, telephone number, and, if available, an e-mail address at which the Complaining Party may be contacted; (5) A statement by you that you have a good-faith belief that the disputed use 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 you are authorized to act on behalf of the Complaining Party.

B. Clearview Communities’ Designated Agent is:
Ben Allen
By Postal Mail: 380 Park Place Blvd., Suite 200 Clearwater, FL 33759
By Email: ben.allen@americanlandlease.com

C. Clearview Communities will follow the procedures provided in the DCMA, which prescribe a notice and takedown procedure, subject to the webmaster's right to submit a Counter-notification claiming lawful use of the disabled works.

D. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

E. Clearview Communities has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.

Clearview Communities respects the privacy of users of our Services. Personal information collected from you within the Services is subject to our privacy policy available at www.clearviewcommunities.com/privacypolicy. For more information regarding the collection and use of your personal information may be found in our privacy policy. You acknowledge and agree that our privacy policy, including, but not limited to, the manner in which Clearview Communities collects, uses and discloses your person information, is incorporated in and made part of these Terms. If you do not agree to each and every part of Clearview Communities’ privacy policy, then you should not use our Services.

By use of the Services, you consent to receive electronic communications from us (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing.

We reserve the right, but have no obligation, to monitor and/or manage disputes between or among users of the Services. If you have a dispute with other users, you release Clearview Communities from and hereby agree to indemnify Clearview Communities against claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

The Services, including, without limitation, all content, software, and functions made available on or accessed through or sent from the Services, are provided "as is," "as available, " and "with all faults." to the fullest extent permissible by law, Clearview Communities and its parent, subsidiary and affiliate companies make no representation or warranties or endorsements of any kind whatsoever (express or implied) about: (a) the Services; (b) the content and software on and provided through the Services; (c) the functions made accessible on or accessed through the Services; (d) the messages and information sent from and posted within the Services by users; (e) any products or Services offered via the Services or hypertext links to third parties; and/or (f) security associated with the transmission of sensitive information through the Services or any linked web site. Clearview Communities does not warrant that the Services, any of the Services' features or functions, or any content contained therein, will be uninterrupted, error-free, or unaffected by internet outages or latency; that defects will be corrected; or that the Services or the servers that makes them available are free of viruses or other harmful components. Clearview Communities does not warrant that your activities on or use of the Services are lawful in any particular jurisdiction and, in any event, Clearview Communities specifically disclaims such warranties. You understand that by using any of the features or functions of the Services, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services or the content therein. Further, Clearview Communities and its parent, subsidiary and affiliate companies disclaim any express or implied warranties including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title.

You understand and agree that Clearview Communities limits its liability in connection with your use of the Services as set forth below: Under no circumstances shall Clearview Communities , its parent, subsidiary or affiliate companies or the directors, officers, employees, or other representatives of each of the foregoing (collectively, the "Clearview Communities Entities and Individuals") be liable to you for any special, indirect, incidental, exemplary, economic, punitive, or consequential damages resulting from (1) the use of, inability to use, or performance of the Services; (2) the cost of procurement of substitute goods and Services; (3) unauthorized access to or alteration of your personal information, transmissions, postings, activities or data; (4) statements or conduct of any third party on the Services; or (5) any other matter relating to the Services. In no event shall Clearview Communities Entities and Individuals’ total liability to you for all damages, losses, or causes of action exceed one hundred dollars ($100).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, we make no warranty that the Services:

• Will meet your specific needs or requirements;
• Will be uninterrupted, timely, secure, or error-free;
• Will provide results that will be accurate or complete;
• Will meet your expectations about the quality of any products, Services, information, or other material obtained by you through the Services; or
• Will be corrected for any errors contained therein unless we are expressly notified of such errors.

If any of the disclaimers and limitations set forth in this section are determined by a court of competent jurisdiction to be unenforceable, then all express, implied, and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the sites, and no warranties shall apply after that period.

You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software. If you become aware that our software contains any error, or is incomplete, you shall immediately notify Clearview Communities by e-mail at marketing@clearviewcommunities.com. You agree to refrain from taking any advantage whatsoever of any error or incompleteness and Clearview Communities reserves the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery.

You agree to defend, indemnify and hold harmless the Clearview Communities entities and individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these Terms, including, without limitation: (a) your use of the Services; (b) your violation of these Terms or any law, rule or regulation; (c) your use of or reliance on the content; or (d) your personal information. You will cooperate as fully and reasonably as required by Clearview Communities in the defense of any claim. Notwithstanding the foregoing, Clearview Communities retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions that are brought against Clearview Communities herein under the Terms and provisions of this section and in no event shall you settle any such claim without Clearview Communities’ prior written approval

A. These Terms, all aspects of the Services, and the relationship between you and Clearview Communities shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law provisions regardless of your location. With respect to any disputes or claims not subject to arbitration (as set forth under “Arbitration”, below), you agree not to commence or prosecute any action in connection therewith other than in the appropriate state and federal courts located in Pinellas County County, Florida, and you consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the State of Florida. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

B. You acknowledge that the rights granted and obligations made hereunder to Clearview Communities are of a unique and irreplaceable nature, the loss of which shall irreparably harm Clearview Communities and which cannot be replaced by monetary damages alone so that Clearview Communities shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

A. Any controversy or claim arising out of or relating to these Terms, with the exception of those controversies or claims specifically excluded below, shall, at the sole discretion of the Clearview Communities, either be litigated or settled by binding arbitration in accordance with the American Arbitration Association (“AAA”) Commercial Arbitration Rules (“AAA Rules”), and, where appropriate, the AAA’s supplementary procedures for consumer related disputes (“AAA Consumer Rules”). The determination of whether a dispute, if not litigated, is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules.

B. You and Clearview Communities agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Clearview Communities’ intellectual property rights; (2) any dispute related to, or arising from, allegations of invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

C. You and Clearview Communities agree that any arbitration shall be limited to the dispute between Clearview Communities and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

You and Clearview Communities both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, the Terms or our Privacy Policy must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

These Terms are effective until terminated by either you or Clearview Communities. You may terminate these Terms by destroying all materials obtained from the Services. Clearview Communities or any linked web site or source, and all related documentation.

The privileges granted to you under these Terms will terminate immediately and automatically without notice from Clearview Communities if, in our sole discretion, you fail to comply with any term or provision of these Terms. Any violation of these Terms may be grounds for Clearview Communities to terminate your account, to bar you from accessing or using the Services, and to refer you to law enforcement authorities. Upon termination of your account or access to the Services by Clearview Communities, or upon demand by Clearview Communities, you must destroy all materials obtained from the Services. Clearview Communities or any linked web site or source, and all related documentation.

A. The failure of Clearview Communities to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Clearview Communities right to assert or rely upon any such provision or right in that or any other instance.

B. You and Clearview Communities agree that if any portion of these Terms, except any portion of the section titled “Governing Law/Waiver of Injunctive Relief”, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect. If any portion of the section titled “Governing Law/Waiver of Injunctive Relief” is found to be illegal or unenforceable then neither you nor Clearview Communities will elect to arbitrate any dispute falling within that portion of said section found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within Pinellas County County in the State of Florida, and you and Clearview Communities agree to submit to the personal jurisdiction of that court.

C. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Neither the course of conduct between you and Clearview Communities nor trade practice will act to modify these Terms at any time without any notice to you.

These Terms contain the entire understanding of you and Clearview Communities, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted within the Services by Clearview Communities.

The section headings used herein are for convenience only and shall not be given any legal import.

Upon Clearview Communities’ request, you will furnish Clearview Communities any documentation, substantiation or releases necessary to verify your compliance with these Terms.

You agree that these Terms will not be construed against Clearview Communities by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.