Additional Terms

1. Updates to these Terms of Use.  We may modify these Terms of Use from time to time.  If you do not agree with the proposed changes, you should discontinue your use of the Site.  If you continue using the Site after the new terms take effect, you will be bound by the modified Terms of Use.

2. Privacy Policy.  In connection with your use of the Site, please review our Privacy Policy, located at http://mo-residencesmiami.com/legal to understand how we use information we collect from you when you access, visit or use the Site and for information about how we handle your personal information, such as what information we collect and use, the sources of the personal information we have about you, how we share your personal information, how we protect your personal information, and the rights you may have for the personal information we hold about you.   We may ask for and collect your personal information to provide our products and services, enhance your experience, and provide you with other relevant information about our offerings.  If you have any questions about our Privacy Policy, you may contact us via email at [email protected] and we will respond promptly.  If we make any changes to the Privacy Policy, we’ll update the notice on the Site and the date it was last updated. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

3. Your Use of the Site.  The Site offers information regarding the Project.  You may also register as a user to receive information and promotional content from us via the Site.  We may remove, modify or otherwise discontinue providing any content on the Site at any time with or without cause and with or without notice, without any liability.  Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without our prior written consent.  As a condition of your use of the Site, you represent, warrant and covenant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  By way of example, and not as a limitation, you agree that when using the Site and when submitting any information or content to the Site, you will not:

• impersonate any other person or entity, provide false or misleading identification information, or invade the privacy, or violate the personal or proprietary rights, of any person or entity.
• use the Site for any unauthorized or illegal purpose (including soliciting others to perform illegal acts).
• link to the Site without our express written consent.
• interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including without limitation, hacking into the Site.
• “frame” or “mirror” any part of the Site.
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site, including from any user of the Site, or use any means to scrape or crawl any part of the Site.
• remove any copyright, trademark, or other proprietary rights notices contained on the Site.
• decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Site, or any portion thereof.
• use any device, software, program, or routine or transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of the Site, any other person’s use of the Site, or any related systems.
• circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Site content or enforce limitations on use of the Site or Site content.
• Submit any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third party systems.

• Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.

• Violate any applicable laws or regulations.

We shall have no obligation to monitor the usage of the Site. However, we reserve the right to review any communications or submissions directed to the Site and to remove any of same in our sole discretion.  We reserve the right to terminate your access to the Site at any time without notice for any reason whatsoever.  We further reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit or remove any information or materials, in whole or in part, in our sole discretion.

Materials presented on the Site are subject to limitations on usage, reproduction and/or dissemination.  You are responsible for adhering to such limitations.  You may not use the Site or its content to send unsolicited e-mail or create a website or website page for your own marketing of the Project.  The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited.  “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited.  You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site.  Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited.  You acknowledge and agree that the Site may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and we shall have no liability with respect thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.

4. Our Intellectual Property Rights.  The content on the Site (“Materials”) and the trademarks, service marks, and logos contained on the Site, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  The Site and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials. You further agree not to access the Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.

5. Our Management of the Site; User Misconduct

A. Our Right to Manage the Site.  We reserve the right, but do not undertake the obligation to: (i) monitor or review the Site for violations of these Terms of Use and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; and (iii) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site.

B. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Use, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Site TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Use, OR OF ANY APPLICABLE LAW OR REGULATION.

6. Third Party Sites.  The Site may contain links to other third party websites (“Linked Sites”) or frames of other third party website screens (“Framed Sites”) which may offer third party products and services.  The Linked Sites and Framed Sites and the products and services offered or provided at such sites are subject to their own separate terms and conditions of use and are not under our control and we are not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site or any such products and services.  We are not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site, or with respect to any information you provide to any such Linked Site or Framed Site.  Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or Framed Site or any association with or its operators.

7. Legal Disputes and Arbitration Agreement.

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

A. Initial Dispute Resolution.  We are available by email at [email protected]m to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. Each of you and Developer agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

B. Agreement to Binding Arbitration.  If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 7(A) above, then either party may initiate binding arbitration.  Except as expressly provided otherwise herein, all claims arising out of or relating to these Terms of Use (including its formation, performance and breach) and/or your use of the Site shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) using a single arbitrator selected by our mutual agreement with you, or if we are unable to agree on a single arbitrator, by a panel of three arbitrators with each party selecting one arbitrator and the two arbitrators selecting the third arbitrator.  The arbitration shall be conducted subject to confidentiality and in accordance with the provisions of the AAA’s Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions.  The arbitrator(s), and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.  The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879.  You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial.  You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. You agree to keep any such arbitration and matters related thereto confidential.

C. Class Action and Class Arbitration Waiver.  You further agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 7(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

D. Exception – Claims by Us Seeking Injunctive or other Equitable Relief. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, we may seek injunctive relief, specific performance and other equitable relief against you to enforce these Terms of Use in the state or federal courts located in Miami-Dade County, Florida as provided in Section 7(F) below.

E. 30 Day Right to Opt Out.  You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 7(B), 7(C), and 7(D) by sending written notice of your decision to opt-out to the following address:  50A Developer LLC, 98 SE 7th Street, Suite 500, Miami, FL 33131, or by email to [email protected]m. The notice must be sent within thirty (30) days of commencing use of the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections.  If you opt-out of these arbitration provisions, we also will not be bound by them.

F. Exclusive Venue for Litigation.  To the extent that the arbitration provisions set forth in Section 7(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Miami-Dade County, Florida.  You expressly consent to exclusive jurisdiction in Miami-Dade County, Florida for any litigation.

G. Applicable Law.  You agree that federal laws and the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and the Developer.