By accessing, browsing, or otherwise using the COARE Communities LLC & Affiliated Entities (“Company”) website (”Site”), you: (a) accept without limitation or qualification the Site’s Terms of Use as set out below, and (b) acknowledge you have had an opportunity to review our Privacy Statement, a copy of which is linked on our Site, and you fully consent to each of our practices as set out in the Privacy Statement. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, OR IF YOU DO NOT CONSENT TO THE PRACTICES DESCRIBED IN OUR PRIVACY STATEMENT, PLEASE DO NOT ACCESS OR CONTINUE TO USE OUR SITE.

 

The Site is intended to provide information about the Company, its real estate investments, communities, services, and other topics we believe may be of interest to current and prospective investors, clients, tenants, business partners, job applicants, and the general public.

 

The information on this Site is provided for general informational purposes only and should not be considered legal, financial, investment, tax, or professional advice. You should consult qualified professionals before making decisions based on the information provided on this Site.

 

The information provided on this Site is for general informational purposes only and may not always reflect the most current information.

 

Your use of this Site, including submitting inquiries or contacting the Company through the Site, does not create any fiduciary, agency, advisory, brokerage, investment, or contractual relationship unless otherwise agreed in writing.

 

Agreement to Arbitrate all Disputes; Class Action and Jury Waiver.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND THE COMPANY TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, IT LIMITS THE PARTIES’ RIGHTS TO SEEK RELIEF IN COURT, AND IT WAIVES THE RIGHT TO JURY TRIAL AND THE RIGHT TO JOIN WITH OTHERS IN A LAWSUIT.

 

This section sets out our agreement for resolving all disputes relating to your use of the Site, including but not limited to our collection, use, and sharing of data on and from the Site. Other than a claim filed in a court that is limited to adjudicating small claims, in the event of any dispute of any nature whatsoever relating to your use of our website, past, present or future, in law or in equity, including the determination of the scope or applicability of this agreement to arbitrate, you and the Company agree and consent to binding arbitration at JAMS for all such disputes on an individual (not class) basis before a single arbitrator under the applicable JAMS Arbitration Rules and Procedures in effect at the time of the filing, rather than litigating the dispute in court. You may obtain a copy of the applicable JAMS rules at www.jamsadr.com. If JAMS is unavailable or unwilling to administer arbitration consistent with this section, another arbitration provider shall be selected by the parties that will administer the arbitration consistent with it. If the parties cannot agree on a provider, one shall be selected by a court that will administer the arbitration consistent with this section.

 

You and the Company also agree that: (a) by their dealings the parties’ conduct is in and affecting interstate commerce; and (b) the Federal Arbitration Act (FAA) applies and governs this agreement. To the extent state law is applicable under the FAA, the law of the state of Florida shall apply, without regard to its choice of law provisions. The arbitrator shall have exclusive authority to determine the scope, validity, and enforceability of this arbitration agreement.

 

If the arbitration takes place in-person, it shall be held in the City of Miami. If you commence an arbitration action against the Company, you must provide notice to the Company at:

COARE Communities LLC & Affiliated Entities

153 E. Flagler St. #1460 Miami, FL 33131

Attn: Bryan Anderson, General Counsel

 

If the Company commences an arbitration action against you it will send the notice to your last address of record with the Company.

 

By agreeing to arbitration, the parties are giving up the right to a trial in court and the right to a jury, and there is more limited discovery than might otherwise be available in court. In addition, you and Company agree not to participate in a class action, a classwide arbitration, claims brought in a representative capacity, or consolidated claims if the other party hereto is a party to the proceeding.

 

As used herein, Company means and includes COARE Communities LLC & Affiliated Entities, together with its officers, directors, employees, affiliates, subsidiaries, successors, and assigns. In addition, the following persons or entities are intended third party beneficiaries of this dispute resolution section and may enforce the terms of this section as if they were direct parties: (a) contractors who provided website, internet, or any other marketing services to Company; (b) companies with which Company shares data regarding your use of Company’s websites, including by way of illustration and not limitation, website analytics companies.

 

Under no circumstances will the Company be liable for any direct, indirect, consequential, special, or punitive damages, including lost profits, that arise out of or are related to your use of the Site. You agree to defend, indemnify, and hold the Company harmless from any liability to third parties arising from or related to your use of the Site, or your breach of these Terms of Use.

 

We retain the right to modify these Terms of Use, and any modification will take effect immediately upon the Company posting the updated Terms of Use, and the earlier of your subsequent access to the Site or your receipt of notification of change.