Broker Tool Kit
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As a valued real estate professional, we appreciate your interest in presenting this premier luxury residential opportunity. By downloading, accessing, or using any marketing assets provided by Kolter Urban (“Development Manager”) for 1000 Boulevard of The Arts (“Project”), you (“Agent”) acknowledge and agree to the following terms:
The assets, including but not limited to photographs, renderings, floor plans, videos, copy, and other marketing materials (“Assets”), are provided solely for the purpose of promoting the Project to potential buyers.
All Assets remain the exclusive property of the Development Manager and are protected by copyright and other intellectual property laws. Downloading or using the Assets does not transfer any ownership rights.
Agents may not use the Assets in any way that:
By downloading or using the Assets, you agree to immediately comply with any request by the Development Manager to remove, modify, or discontinue the use of any Asset, whether hosted online or in print. The Development Manager reserves the right, at its sole discretion, to revoke usage rights for any Agent or brokerage at any time.
By accessing or downloading the Assets, you confirm your understanding and acceptance of these terms.
By visiting, using and/or submitting information to any of our Services, you agree to be bound by the terms and conditions of this agreement (this “Agreement”) and the Privacy Policy located on the Services (the “Privacy Policy”). The term “Services” means, collectively, various websites, applications, email notifications and other mediums, or portions of such mediums, through which you have accessed this Agreement. Please read this Agreement carefully. This Agreement contains an agreement to arbitrate all claims as well as disclaimers of warranties and liability.
The PK Flagler House(hereinafter referred to as “PK Flagler House,” “us,” “we,” or “our”) is providing you with these Services to familiarize you with PK Flagler House, 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, PK Flagler House’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.
You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, PK Flagler House may monitor your access and use of the Services in accordance with the Privacy Policy.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.
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 PK Flagler House, in its sole discretion and without prior notice, may elect to take. PK Flagler House 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.
Any action by you that, in PK Flagler House’s sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Services; or (iii) through the use of the Services, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Services. You shall not meta-tag, provide links to, or frame the Services without PK Flagler House’s prior express written permission of PK Flagler House.
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 PK Flagler House 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 PK Flagler House to transmit, submit or post information to the Services that are Federally trademarked and/or copyrighted, you automatically grant PK Flagler House 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:
Information that infringes PK Flagler House’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
Information that violates any law, statute, ordinance or regulation;
Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to PK Flagler House or third parties or that infringes on PK Flagler House’s or any third party’s rights of publicity or privacy;
Information that contains 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;
Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam;”
Information that is false, inaccurate or misleading;
Commercial advertisements or solicitations without written permission from PK Flagler House; or
Federally Trademarked and/or Copyrighted information without written permission from PK Flagler House.
Although PK Flagler House does not regularly review your transmissions, submissions or postings, PK Flagler House reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to the Privacy Policy, PK Flagler House may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement. You shall be solely responsible for your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of your User Generated Content.
The names “PK Flagler House,” “Maison d/Or”, “Maison d’Or South Flagler”, “Kolter Urban” Kolter Tower,” and PK Flagler House’s graphics, logos, page headers, button icons, scripts, and service names are trademarks and/or trade dress of PK Flagler House 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 PK Flagler House, which permission may be withheld in PK Flagler House’s sole discretion. PK Flagler House 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 “PK Flagler House” or “Maison d’Or South Flagler” shall be deemed to refer to “Maison d’Or”
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, PK Flagler House or its Content suppliers. PK Flagler House 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 PK Flagler House 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 PK Flagler House’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 PK Flagler House 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.
PK Flagler House 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 PK Flagler House, which permission may be withheld in PK Flagler House’s sole and absolute discretion.
You may not use any meta-tags or any other “hidden text” utilizing PK Flagler House’s name or trademarks without the express written permission of PK Flagler House, which permission may be withheld in PK Flagler House’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 PK Flagler House’s express written permission, which may be withheld in PK Flagler House’s sole and absolute discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in PK Flagler House’s sole and absolute discretion an unreasonable or disproportionately large load on PK Flagler House’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 PK Flagler House 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 PK Flagler House’s robot exclusion headers or other measures PK Flagler House may use to prevent or restrict access to the Services. Notwithstanding the foregoing, PK Flagler House 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. PK Flagler House 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 PK Flagler House’s sole discretion.
When you visit the Services or send email to PK Flagler House, you are communicating with PK Flagler House electronically. You consent to receive communications from PK Flagler House electronically. Although PK Flagler House may choose to communicate with you by regular mail, PK Flagler House 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 PK Flagler House 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 PK Flagler House’s advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by PK Flagler House of those Web sites, applications or services nor the products or services listed on those Web sites, applications or services. PK Flagler House is not responsible for the activities or policies (including without limitation the Privacy Policies) of those Web sites, applications or services. PK Flagler House does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party.
If PK Flagler House 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.
PK Flagler House 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. PK Flagler House 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 PK Flagler House are available on an equal opportunity basis.
PK Flagler House takes reasonable steps to ensure that information provided to you is as accurate as possible. PK Flagler House, 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:
All maps are artist’s renderings, are subject to change, are not to scale, and are provided to you for relative location purposes only;
Actual distances may vary;
Renderings, floor plans, and elevations are artist’s renderings, are subject to change, and may contain options which are not standard on all models;
The specific features in a home may vary from home to home and from one community to another;
Prices shown may refer to a “base” home and may not include optional features, and photos or drawings of homes may show upgraded landscaping, which may not represent the lower-priced homes in the community;
PK Flagler House reserves the right to substitute equipment, materials, appliances and brand names with items of equal or higher value, as determined in PK Flagler House’s sole opinion;
Color and size variations may occur;
Stated dimensions and square footage are approximate and should not be used as an actual representation of a home’s size;
PK Flagler House does not represent or warrant that any zoning or land use reflected on properties surrounding PK Flagler House’s communities may not change in the future, and cannot control future development surrounding its communities;
“Eco-Nomics” and other green, sustainable, healthy living or earth-friendly features are not standard in all communities, may vary from home to home, may vary from community to community; and
Performance or results of a home or community intended to result in energy savings, healthy living, sustainability or other benefits may vary due to specific use of a home or community, among other factors.
It is PK Flagler House’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. PK Flagler House 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 PK Flagler House 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 PK Flagler House’s designated agent. PK Flagler House’s designated agent contact information to which notification should be sent is set forth below:
General Counsel 105 NE 1st Street, Delray Beach, FL 33444Email address of designated agent: legalnotice@PK Flagler House.com
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
Counter Notification:
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 PK Flagler House ‘s designated agent that includes substantially the following:
A physical or electronic signature of the Subscriber;
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PK FLAGLER HOUSE 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 PK FLAGLER HOUSE OR ANY OF THEIR SUBSIDIARY OR PARENT ENTITIES IS DEEMED TO INCLUDE REFERENCE TO ALL SUCH ENTITIES PREDECESSORS AND AFFILIATES.
PK FLAGLER HOUSE 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. PK FLAGLER HOUSE 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 PK FLAGLER HOUSE FROM FACILITIES IN THE UNITED STATES OF AMERICA. PK FLAGLER HOUSE 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.
PK FLAGLER HOUSE 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 PK FLAGLER HOUSE AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. PK FLAGLER HOUSE’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 PK FLAGLER HOUSE 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 PK Flagler House 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 PK Flagler House; (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).
We reserve the right to update, amend and/or change the Terms of Use at any time in our sole discretion. Each time you access the Services, you consent to the current Agreement.
You acknowledge that PK Flagler House 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, PK Flagler House 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 PK Flagler House, 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 PK Flagler House’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 PK Flagler House shall select the arbitrator, and if you and PK Flagler House 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 PK Flagler House and your and PK Flagler House’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 PK Flagler House be entitled to punitive damages and both you and PK Flagler House hereby waive your and PK Flagler House’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 PK Flagler House, 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.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by PK Flagler House from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement and the Privacy Policy represent the entire understanding and agreement between you and PK Flagler House regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same. If you have questions, comments, concerns or feedback regarding this Agreement or the Services, please contact us at: legalnotice@Kolter.com
The sponsor and principal(s) taking part in the public offering or sale are not incorporated in, located in, or resident in the State of New York;
The offering is neither made in the State of New York nor made to the residents of the State of New York;
The offering is not directed to any person or entity in the State of New York by, or on behalf of, the offeror or anyone acting with the offeror’s knowledge; and
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.
We know that you care how information about you is collected, used and shared. This Privacy Policy describes how we collect, use and share information when you use our Services. The terms “we,” “us,” or “our” mean PK Flagler House. The term “Services,” means, collectively, various websites, applications, email notifications and other mediums, or portions of such mediums, through which you have accessed this Privacy Policy. By accessing or using our Services, you consent to the collection, transfer, manipulation, storage, disclosure and other uses of Your Information (collectively, “Use of Your Information”) as described in this Privacy Policy.
For purposes of this Privacy Policy, “Your Information” means information about you, which may be of a confidential nature and may include personally identifying information, information about products you have purchased, and/or financial information. This Privacy Policy applies to our Use of Your Information as a result of you using our Services, and does not apply to the following:
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 device 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:
When we disclose Your Information to third parties, Your Information will become permanently subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of Your Information. Such third parties may further disclose, share and use Your Information. By submitting Your Information to us, you expressly consent to such disclosure and use of Your Information. If you do not want Your Information shared as described above, then you should not provide us with 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).
If you use any functionality of our Services allowing you to send content to a friend, then please be aware that: (a) we may display your email address to your friend; and (b) we may use information you provide about your friend to facilitate the communication and as otherwise set forth in this Privacy Policy.
If you are submitting information to us pursuant to a sweepstakes entry, we reserve the right to share, loan, rent, sell or otherwise disclose the information that you submit with third parties at any time, for any lawful purpose without notice or compensation to you. Please refer to the official rules and privacy policy for each individual sweepstakes for our specific policies regarding information sharing and disclosure pursuant to that sweepstakes entry.
In addition, we cannot ensure that Your Information will only be disclosed as described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose Your Information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Therefore, notwithstanding anything to the contrary within this Privacy Policy, the Terms of Use or any other applicable agreement or policy, you use our Services at your own risk and we do not promise or guarantee, and you should not expect, that Your Information will always remain private. In the event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.
We specifically and expressly reserve the right to disclose, lease, sell, assign or transfer Your Information collected through our Services, and any of our databases, together with any personally identifiable information contained in such databases, to third parties in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including our Services) to an affiliate or independent third party at any time, for any lawful purpose, without notice or compensation to you.
You are responsible for any content, including personal information, that you contribute to be published or displayed (“posted”) on our Services, or that you transmit to other users of our Services (collectively, “User Generated Content”). Your User Generated Content is posted on and transmitted to other users of our Services at your own risk. We cannot control the actions of other users of our Services with whom you may choose to share your User Generated Content. We are not responsible for circumvention of any privacy settings or security measures of our Services. As a result, we cannot and do not guarantee that your User Generated Content will not be viewed by unauthorized persons. You understand and acknowledge that, even after removal, copies of your User Generated Content may remain viewable in cached and archived pages, or might have been copied or stored by other Service users. Proper access and use of information provided through our Services, including User Generated Content, is governed by our Terms of Use.
Our Services may include social media features, such as the Facebook Like button or interactive mini-programs that run on our Services. These features may collect your IP address, which page you are visiting, and may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policy of the third party providing it.
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:
You may be presented with an opportunity to receive information and/or marketing offers from third parties in connection with our Services. All information you disclose to such third parties will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to disclosing information to them. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.
Our Services, as well as the email messages sent with respect to our Services, may contain links or access to websites, applications or other properties operated by third parties that are beyond our control. Links or access to third parties from our Services are not an endorsement by us of such third parties, or their websites, applications, products, services, or practices. We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties. These third-parties may send their own cookies to you and independently collect data. If you visit or access a third-party website, application or other property that is linked or accessed from our Services, we encourage you to read any privacy statements and terms and conditions of that third party before providing any personally identifiable information. If you have a question about the terms and conditions, privacy policy, practices or contents of a third party, please contact the third party directly.
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.
We reserve the right to update, amend and/or change this Privacy Policy at any time in our sole discretion and without notice. Updates to this Privacy Policy will be posted here. Amendments will take effect immediately upon us posting the updated Privacy Policy on our Services. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. The date on which this Privacy Policy was last updated will be noted immediately above this Privacy Policy. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You can direct any questions concerning this Privacy Policy to us at: Via e-mail: legalnotice@kolter.com Via U.S. or International Mail General Counsel – 105 NE 1st Street, Delray Beach, FL 33444.
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: legalnotice@kolter.com Via U.S. or International Mail General Counsel – International Mail General Counsel – 105 NE 1st Street, Delray Beach, FL 33444.
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: February 2025.
Livemaisondor.com strives to ensure that its services are accessible to people with disabilities. Livemaisondor.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.
Accessibility on Livemaisondor.com
Livemaisondor.com makes available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. The software allows Livemaisondor.com to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1).
The Livemaisondor.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.
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 Livemaisondor.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 Livemaisondor.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 info@livemaisondor.wpenginepowered.com Customer Support as follows:
You can direct any questions concerning this Privacy Policy to us at: Via e-mail: legalnotice@kolter.com Via U.S. or International Mail General Counsel – 105 NE 1st Street, Delray Beach, FL 33444.
