We might receive or collect several types of information about you, such as your name, address, telephone number, e-mail address, or other information that you may submit to Kolter via the “Contact Us” page or via a forum. The following are other situations in which you may provide Your Information to us:
We may collect information about you from sources other than you, such as from social media websites (i.e., Facebook, LinkedIn, Twitter or others), blogs, other users and our business partners.
We may collect, receive and store information regarding your general use of our Services (such as details of how and when you used our Services, interactions with our Services, log in information, resources that you access, your Internet protocol address, your browser type, and your device type), as well as your preferences.
When you access or use our Services through your computer, mobile phone or other device, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. In addition, we may collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.
By using a mobile device or accessing us via an application, you may provide us with your location information. If you enable the collection of location information on your device, then we may collect information about your actual location, such as your mobile deviceâ€™s GPS coordinates. We may also use other technologies to determine your location (such as through the location of nearby Wi-Fi access points or cell towers), or obtain your location information from third parties.
We may collect your phone number in several ways. For example, we may collect your phone number: (i) if you submit your phone number to us through our Services; (ii) by capturing your phone number if you call us; or (iii) if a third party provides your phone number to us.
We, and third parties use various technologies to collect and store information when you use our Services, including sending cookies, pixel tags or other anonymous identifiers to your device. “Cookies” are pieces of data stored on our computer, mobile phone or other device. A “pixel tag” is a type of technology placed within a website or email for the purpose of tracking activity, which is often used in combination with cookies. Other “anonymous identifiers” are random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology is not available. These technologies help us know that you are logged on, provide you with features based on your preferences, understand when you are interacting with our Services, and compile other information regarding use of our Services. The information collected through these technologies, standing alone, cannot be used to determine your identity. Such information may, however, be combined in a way that makes it become personally identifiable information (i.e., information that can identify you). If this happens, we will treat the combined information as personally identifiable information.Please note that, in most cases, you can remove or block cookies (such as by using the settings in your browser), but doing so may affect your ability to use our Services.
We use Your Information in the following ways:
We may disclose Your Information:
We may take Your Information and de-identify it by: either by combining it with information about other individuals (aggregating Your Information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-identifying Your Information).
We strive to provide you with choices regarding the personal information you provide to us. Below are some mechanisms that provide you with control over certain information:
Our Services are operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Services or providing us with Your Information, you consent to this transfer.
Individuals who are residents of California and have provided their personally identifiable information to us may request information regarding our disclosures, if any, of their personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted to us at: Via e-mail: firstname.lastname@example.org Via U.S. or International Mail General Counsel – 701 S. Olive Ave., Suite 104 – West Palm Beach, FL, 33401 California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.
Updated: May 2019.
BaysoSarasota.com strives to ensure that its services are accessible to people with disabilities. BaysoSarasota.com has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence.
BaysoSarasota.com makes available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. The software allows BaysoSarasota.com to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1).
The BaysoSarasota.com accessibility menu can be enabled by clicking the accessibility menu icon that appears on the corner of the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety.
BaysoSarasota.com continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.
Despite our efforts to make all pages and content on BaysoSarasota.com fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.
If you are experiencing difficulty with any content on BaysoSarasota.com or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.
If you wish to report an accessibility issue, have any questions or need assistance, please contact BaysoSarasota.com Customer Support as follows:
The Kolter Group LLC (hereinafter referred to as “Kolter,” “us,” “we,” or “our”) is providing you with these Services to familiarize you with Kolter, and its products and services. The Services are not intended to constitute an offer or solicitation. Because some jurisdictions require prior registration or other qualifications of real estate before solicitation is allowed, Kolter’s responses to your inquiries may be prohibited or limited. You agree that content or information provided to you on or via the Services is void where prohibited by law.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to or from the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Kolter, in its sole discretion and without prior notice, may elect to take. Kolter reserves the right to suspend or discontinue the availability of the Services and/or any portion or feature of the Services at any time in its sole discretion and without prior notice.
The information contained on in the Services is for informational purposes only and shall not be construed or deemed to: (i) constitute an offer to sell any of the homes, services, or communities described or referred to on the Services, or (ii) be an offering or a solicitation in those states where prior registration is required. Offers to purchase our homes may only be made and accepted at the sales center located at the applicable community, and by execution of a written purchase contract by the parties thereto. In addition, if prior registration under the laws of your state is required, please understand that we may not be able to provide you with information.
The Services are intended to be accessed and used only by adults and are not directed to children under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18 and you should not provide us with any information regarding any individual under the age of 18. You warrant that you are at least 18 years of age or, if living in a jurisdiction that maintains an older age of Majority, at least such an age.
If you transmit, submit or post information to the Services that are not Federally trademarked and/or copyrighted, you automatically grant Kolter and its affiliates the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from Kolter to transmit, submit or post information to the Services that are Federally trademarked and/or copyrighted, you automatically grant Kolter and its affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation the Content.
You shall not transmit, submit or post the following to the Services:
The names “Kolter Group,” “Kolter,” “Kolter Homes,” “Kolter Signature Homes,” ” Kolter Land Partner,” Kolter Commercial,” ” Kolter Hospitality,” “Kolter Urban,” ” Kolter Tower,” “KAST Construction,” “KAST,” “Clearway Capital,” “Cresswind,” “CTC,” “CTC Mortgage,” “CTC Mortgage Company,” “K Mortgage,” “K Mortgage Company,” “K Title Company,” “K Title,” “Eco-Nomics,” the name of each Kolter community, and Kolter’s graphics, logos, page headers, button icons, scripts, and service names are trademarks and/or trade dress of Kolter or its affiliates, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Kolter, which permission may be withheld in Kolter’s sole discretion. Kolter makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Services. Any third-party names, trademarks, and service marks are property of their respective owners.
For the purposes of the Services, the names “Kolter” or “Kolter Group” shall be deemed to refer to “The Kolter Group LLC,” the name “Kolter Homes” or “Kolter Signature Homes” shall be deemed to refer to “Kolter Homes LLC,” the names “Kolter Land Partners,” “Kolter Land” or “KLP” shall be deemed to refer to “Kolter Land Partners LLC”, the name “Kolter Commercial” shall be deemed to refer to “Kolter Commercial LLC,” the name “Kolter Hospitality” shall be deemed to refer to “Kolter Hospitality LLC,” the name “Kolter Urban” or “Kolter Tower” shall be deemed to refer to “Kolter Urban LLC,” the names “KAST Construction” or “KAST” shall be deemed to refer to “KAST Construction Company LLC,” the names “CTC,” “CTC Mortgage,” or “CTC Mortgage Company” shall be deemed to refer to “CTC Mortgage Company LLC,” the names “K Title Company” or “K Title” shall be deemed to refer to “K Title Company LLC,” and the names “K Mortgage Company” or “K Mortgage” shall be deemed to refer to “K Mortgage Company LLC.”
The information, advice, data, software and content viewable on, contained in, or downloadable from, the Services (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, Kolter or its Content suppliers. Kolter may also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Services (the “Software”) is the property of Kolter or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You are solely responsible for any damage resulting from your infringement of Kolter’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Content, the Collective Work, the Software and/or any other harm incurred by Kolter or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Kolter grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decomposition, reverse engineering, or disassembly of the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of Kolter, which permission may be withheld in Kolter’s sole and absolute discretion.
You may not use any meta-tags or any other “hidden text” utilizing Kolter’s name or trademarks without the express written permission of Kolter, which permission may be withheld in Kolter’s sole and absolute discretion.
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services or for any other purpose, without Kolter’s express written permission, which may be withheld in Kolter’s sole and absolute discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Kolter’s sole and absolute discretion an unreasonable or disproportionately large load on Kolter’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Services without the prior written permission of Kolter and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iv) bypass Kolter’s robot exclusion headers or other measures Kolter may use to prevent or restrict access to the Services. Notwithstanding the foregoing, Kolter grants the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Kolter reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Services. You shall not use any communications systems provided on the Services (i.e., Forums or email) for any commercial or solicitation purposes. You agree not to solicit for commercial purposes any users of the Services without our prior, written consent, which consent may be withheld in Kolter’s sole discretion.
When you visit the Services or send email to Kolter, you are communicating with Kolter electronically. You consent to receive communications from Kolter electronically. Although Kolter may choose to communicate with you by regular mail, Kolter may also choose to communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that Kolter provides to you electronically satisfy any legal requirement that such communications be in writing.
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Services, and for all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Services.
There may be provided on the Services links to other Web sites, applications or services belonging to Kolter’s advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by Kolter of those Web sites, applications or services nor the products or services listed on those Web sites, applications or services. Kolter is not responsible for the activities or policies (including without limitation the Privacy Policies) of those Web sites, applications or services. Kolter does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party.
If Kolter provides aspects of the Services via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such mobile application.
Many of Kolter’s communities are subject to developer agreements for (without limitation) gas, cable, television, security monitoring, high-speed internet, broadband, digital and other services, which provide for credits, allowances, and/or rebates, and in some cases provide for revenue sharing between the service provider and Kolter or its affiliates and/or reimbursement for certain costs to Kolter or its affiliates. In certain Kolter communities, Kolter or one of its affiliates may be or become the sole supplier of certain services.
In certain Kolter communities, if you purchase a lot (or resale lot) or home from an approved builder other than Kolter, or its affiliates, Kolter may be entitled to a marketing fee and/or brokerage commission from the approved builder, which may be paid by the approved builder or may be charged to the purchaser. Prospective purchasers should check with their builder as to payment of this fee/commission.
Kolter welcomes and encourages broker participation, but will only honor agreements with brokers or sales agents that are printed, written agreements, signed by a duly authorized officer of Kolter. Nothing on the Services or within this Agreement shall entitle any person to any fee, compensation or commission nor constitute any agreement, promise, covenant or undertaking with respect to brokers or sales agents representing potential buyers or sellers.
Certain references to clubs, golf clubs, homeowners’ association memberships, condominium association memberships, and other membership opportunities and amenities may be subject to applications, fees, dues, periodical regular assessments, special assessments, capital contributions upon purchase or sale, and availability. Such limitations are subject to change.
Kolter is committed to equal housing opportunities and encourages and supports eliminating barriers to obtaining housing due to race, color, religion, sex, handicap, familial status, or national origin. Kolter will not knowingly publish or accept any advertising for real estate, which is in violation of the law. All persons are hereby informed that all dwellings advertised by Kolter are available on an equal opportunity basis.
Kolter takes reasonable steps to ensure that information provided to you is as accurate as possible. Kolter, however, does not warrant the accuracy or completeness of any information, graphics, text, links or other materials contained within the Services. All prices, features, renderings, floor plans, site plans, community maps, pictures, dimensions, specifications and other descriptions of products and services provided on the Services are subject to change without notice to you. Without limiting the generality of the foregoing:
It is Kolter’s policy to comply with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. Kolter shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Kolter and/or others.
Notifications (each a “Notification,” as further defined below) of claimed copyright infringement should be sent by either express mail or U.S. mail to Kolter’s designated agent. Kolter’s designated agent contact information to which notification should be sent is set forth below:
General Counsel 701 S. Olive Ave., Suite 104 West Palm Beach, FL 33401 Email address of designated agent: email@example.com
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to Kolter â€˜s designated agent that includes substantially the following:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
Kolter Makes No Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. KOLTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SERVICES IS AT YOUR SOLE RISK. ANY REFERENCE TO THE HISTORICAL OR PROFORMA SIZE, PERFORMANCE, OR FINANCIAL PROJECTIONS OF THE KOLTER GROUP LLC, KOLTER HOMES LLC, KOLTER URBAN LLC, KOLTER LAND PARTNERS LLC, KOLTER HOSPITALITY LLC, OR ANY OF THEIR SUBSIDIARY OR PARENT ENTITIES IS DEEMED TO INCLUDE REFERENCE TO ALL SUCH ENTITIES PREDECESSORS AND AFFILIATES.
KOLTER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS AND/OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES. KOLTER MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
THE SERVICES ARE CONTROLLED AND OFFERED BY KOLTER FROM FACILITIES IN THE UNITED STATES OF AMERICA. KOLTER MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER JURISDICTIONS. IF YOU ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
LIMITATIONS ON KOLTER’S LIABILITY
KOLTER SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KOLTER AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. KOLTER’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING FROM THE SERVICES OR OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT KOLTER SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
You shall defend, indemnify and hold harmless Kolter and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims, damages, losses and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Kolter; (iii) your access or use of the Services; (iv) access or use of the Services under any password that may be issued to you; and/or (v) your transmissions, submissions or postings (i.e., your own User Generated Content).
You acknowledge that Kolter may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Kolter shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You agree that: (i) the Services shall be deemed solely based in the State of Florida; and (ii) the Services shall be deemed a passive website that does not give rise to personal jurisdiction over Kolter, either specific or general, in jurisdictions other than the State of Florida. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida. In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in the “Limitations on Kolter’s Liability” section of this Agreement above, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including but not limited to Florida Statutes Section 95, shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE SERVICES YOU CONSENT TO THESE RESTRICTIONS.
You and Kolter shall select the arbitrator, and if you and Kolter are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Kolter and your and Kolter’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Kolter be entitled to punitive damages and both you and Kolter hereby waive your and Kolter’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Kolter, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Palm Beach County, Florida.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
No offering or purchase or sale of the security shall take place as a result of this offering, until all registration and filing requirements under the Martin Act and the Attorney General’s regulations are complied with; a written exemption is obtained pursuant to an application is granted pursuant to and in accordance with Cooperative Policy Statements #1 or #7; or a “No-Action” request is granted.
ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF THE SELLER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THE BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES TO BE FURNISHED BY A SELLER TO A BUYER OR LESSEE. This project has been filed in the state of Florida and no other state. Prices, terms and availability are subject to change at any time without notice. Actual improvements, including furnishings, fixtures, recreational facilities and amenities, may vary from those shown and views may not be available from all units. This is not an offer to sell or solicitation of offers to buy the condominium units in states where such offer or solicitation requires prior qualification.