Agreement of Terms of Use

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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.

Elliott Towers, Elliott Development, and Elliott Tower Investment LLC (hereinafter referred to as “Elliott Towers,” “us,” “we,” or “our”) are providing you with these Services to familiarize you with Elliott Towers 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, Elliott Towers’ 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, Elliott Towers 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 Elliott Towers, in its sole discretion and without prior notice, may elect to take. Elliott Towers 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 Elliott Towers’ 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 Elliott Towers’ prior express written permission.

The information contained 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 Elliott Towers 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 Elliott Towers to transmit, submit or post information to the Services that are Federally trademarked and/or copyrighted, you automatically grant Elliott Towers 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 Elliott Towers’ or any third party’s copyright, patent, trademark, trade secret or other proprietary rights; information that violates any law; information that is unlawful, threatening, harassing, defamatory, obscene, explicit or vulgar; information that contains viruses or malicious code; spam; false, inaccurate or misleading information; commercial advertisements without permission; or any other prohibited content. Elliott Towers reserves the right (but not the obligation) to edit, refuse to post or remove your submissions.

The names “Elliott Towers,” “Elliott Development,” “Elliott Tower Investment LLC,” and “Elliott Tower”, together with all related graphics, logos, page headers, button icons, scripts, and service names are trademarks and/or trade dress of Elliott Development 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 Elliott Development, which permission may be withheld in its sole discretion. Elliott Towers makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Services.

All content, including but not limited to text, graphics, images, photographs, renderings, floor plans, charts, and other media are protected by copyright and owned by Elliott Towers, Elliott Development, Elliott Tower Investment LLC, or licensed third parties.

The Services and all content are provided on an “as-is” and “as available” basis. Elliott Towers 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.

Elliott Towers shall in no event be responsible 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, arising directly or indirectly out of your access or use of the Services.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Hillsborough County, Florida.

By using the Services you agree to waive the right to bring class actions and to resolve disputes only through individual arbitration.

Elliott Towers reserves the right to update, amend and/or change the Terms of Use at any time in its sole discretion. Each time you access the Services, you consent to the current Agreement.

If you have questions, comments, concerns or feedback regarding this Agreement or the Services, please contact us at:
Legal Notice – Elliott Towers
Email: legal@elliotttowers.com