Independent Owners at the Flamingo South Tower

TERMS OF USE

FLAMINGO FREE sets forth the following Terms of Use (hereinafter “Terms of Use” or “terms”), which are a legal and binding agreement between you and FLAMINGO FREE, governing your access to and use of this website, any website maintained by FLAMINGO FREE that links to these terms, and any mobile application(s) currently in use or as we may introduce from time to time (the website(s) and mobile applications, or any portion thereof, are hereinafter referred to as the “Site”). As such, by using our Site and/or service, you agree to be bound by these terms.

Communications

FLAMINGO FREE may from time to time make calls and/or send text messages to you at any telephone number you provide to use via this Site or by phone, email or otherwise.  The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or an automatic telephone dialing system. You certify, warrant, and represent that the telephone numbers you have provided to us are your contact numbers and you are permitted to receive calls at each of the telephone numbers you have provided.

Consent to Be Contacted

By providing your email address, mailing address and/or phone numbers you agree to receive communications from FREE FLAMINGO, for example emails, text messages, other electronic means of communication and/or physical mail, of any kind. You agree that agreements, notices, disclosures, and other communications that we provide to you via email, text message and/or another electronic means satisfy any legal requirement that such communications be in writing.

Content is Information Only

The information contained on the Site is provided for educational and informational purposes only and the contents of the Site should not be construed as legal advice. Any information on this Site is information relevant to typical cases only, and your situation may not be typical. As such, the information may not apply to you. You should not act or refrain from acting on the basis of any information provided here.  If you base a decision on information contained on this website, you will be solely responsible for that decision.  You should obtain relevant legal and/or specific professional advice before making any decision.

Use of Site

FLAMINGO FREE hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site solely for your personal use in accordance with these terms. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site. You agree not to obscure, delete or modify any notices or legends contained in any content that you copy or download from the Site. FLAMINGO FREE may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Site and services, or (b) change, revise, or modify the Site and services. FLAMINGO FREE reserves the right to review and remove any posted materials for any reason, and to disclose materials as necessary pursuant to any legal proceeding or governmental request.

You agree not to: (a) use any device, software or routine to interfere or attempt to interfere with the proper working of this website; (b) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up this website; or (c) delete or alter any material posted on this website, in each case without the express written consent of FLAMINGO FREE.

When you post or transmit content to the Site or our service, you hereby grant FLAMINGO FREE a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, throughout the world in any media. If you submit feedback or suggestions about our Site or service, you agree that FLAMINGO FREE may use your feedback or suggestions without any obligation to you.

Restrictions on Use

You agree not to attempt to access any information that FLAMINGO FREE has not intentionally made available to you; to copy or resell any FLAMINGO FREE content or materials; or to scrape, crawl or hack the Site in any way. If you copy or download any information that FLAMINGO FREE has made available to you, you agree not to obscure, delete or modify any notices or legends contained therein. When using the Site or service, you agree not to: (a) engage in any conduct that violates the law, (b) collect information about others without their consent, (c) attempt to inhibit others from using the Site or service, (d) upload files protected by the legal rights of another or upload files that may damage the computer of another, (e) advertise any service, (f) communicate anything inappropriate, defamatory, obscene, indecent, threatening, or profane, and/or (g) falsely represent yourself or your situation.

Electronic Signatures

When using this Site or our service (or the service of our partners), you consent to the use of electronic signatures in accordance with the federal United States Electronic Signature in Global and National Commerce Act (ESIGN) and state Uniform Electronic Transactions Acts (UETAs). You agree that no certification authority or other third-party verification is necessary to validate your electronic signature and that the lack of such certification or verification will not in any way affect the enforceability of your electronic signature or any contract so electronically signed.

Indemnification

You agree to defend, indemnify and hold harmless FLAMINGO FREE, its affiliates, directors, officers, employees, shareholders, partners, volunteers and affiliated individuals and entities, from any and all claims, liabilities, losses, damages, expenses, including reasonable attorneys’ fees and costs, arising out of any claims relating to your use of this service, website and materials therein.

Controlling Law and Venue

You agree that the terms herein as well as any disputes arising from my use of FLAMINGO FREE and its website shall be governed by and interpreted in accordance with the laws of the Florida, excluding its conflicts of law principles.

Disclaimer of Warranty and Limitation of Liability

The Site and all materials provided are provided on an “AS IS” basis. The Site may contain technical or typographical errors. Thus, use of the Site and materials provided is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, FLAMINGO FREE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THIS SITE AND/OR ANY ONLINE SERVICE, AND HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING,WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. MOREOVER, FLAMINGO FREE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE INFORMATION ON OUR SITE OR ON ANY WEBSITE WE LINK TO. FLAMINGO FREE EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM ACTIONS TAKEN OR NOT TAKEN BASED UPON THE CONTENTS OF THIS SITE.

Agreement to Dispute Resolution By Binding Arbitration

If you have any concerns with your usage of this service or website, you agree to contact FLAMINGO FREE immediately so that we may attempt to address the matter. We want you to be satisfied with your experience. However, if it is not possible to resolve a dispute, then FLAMINGO FREE and you mutually agree that any and all disputes and/or claims will be resolved through binding arbitration.

As a condition of using this service and website, FLAMINGO FREE and you mutually agree to waive any right to a trial by jury or participation in a class action suit. FLAMINGO FREE and you mutually agree that we may only resolve disputes or bring claims in our individual capacity, not as a plaintiff or class member in any class, consolidated or representative action.

Arbitration shall be conducted under the auspices of the Judicial Arbitration and Mediation Services (“JAMS”), in accordance with the chosen association’s rules and the laws of the State of Florida. The arbitrator shall have the power and obligation to decide all matters submitted. In the event that the arbitrator decides that a dispute or claim is not subject to arbitration, FLAMINGO FREE and you mutually agree that all such disputes or claims shall be governed by and interpreted in accordance with the laws of the State of Florida, excluding its conflicts of law principles. In the event that the arbitrator decides that a dispute or claim is not subject to arbitration, FLAMINGO FREE and you mutually agree that any and all legal proceedings shall be instituted in a Florida court.

Notwithstanding the agreement to arbitrate as described above, the following exception applies to the resolution of disputes: Injunctive relief – FLAMINGO FREE may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of our service or any intellectual property infringement. In such instances, FLAMINGO FREE may seek injunctive relief without first engaging in the arbitration process described above.

Severability and Integration

If any part of these terms is found invalid or unenforceable, that part shall be construed so as to reflect, as closely as possible, the original intent of the parties, and all remaining parts shall remain in full force and effect. Any failure to enforce a portion of the terms is not a waiver of the right to do so later.

Waiver

No failure or delay by FLAMINGO FREE in exercising any of its rights, powers, or remedies will operate as a waiver of such rights, powers, or remedies.

Our Intellectual Property

The Site and FLAMINGO FREE software, systems, technology, and know-how are owned by or licensed to FLAMINGO FREE and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site and our service are owned by or licensed to or used with permission by FLAMINGO FREE and protected by U.S. and international trademark laws.

Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any FLAMINGO FREE intellectual property rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any FLAMINGO FREE intellectual property except as expressly provided in these terms.

Copyrights

Copyright © 2023 FLAMINGO FREE. All rights reserved. All materials presented on this site are copyrighted and owned or licensed or used with permission by FLAMINGO FREE, unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

Changes to Terms of Service

We may modify these terms at any time by making such changes to this page. Accordingly, it is your responsibility to review these terms periodically.

PRIVACY POLICY

Please review our Privacy Policy below, which is incorporated herein by reference into our Terms of Use, and also governs your use of the Site.

Collection of Personal Information

It is critical that we understand your unique situations and needs. To this end, we must collect information from users of our website. In addition to information you provide to us, we may collect additional information, including: (a) Personally identifiable information, such as your name, address, telephone number, email address, employment information, and address; (b) Anonymous demographic information, such as your zip or postal code, age, gender, and preferences; (c) Information about your computer hardware and software, such as your IP address, browser type, domain names, access times, operating system, cookie information, referring website addresses, and Internet Service Provider; and (d) Information regarding your use of our website, such as pages visited, links clicked, text entered, and mouse movements.

Use of Personal Information

We may use the personal information we collect to evaluate your request, deliver information and/or services you need or request, evaluate whether we are able to provide you with information and/or services, and to and improve our information, services and website.

We may use your personally identifiable information to inform you of information and other products or services available from us and our affiliates. We may also use your personal information to send you newsletters, updates, event information, marketing communications, research and opinion surveys, and other information that may interest you.

We use personal information to facilitate your use of our services and website; to provide you with services, information and features you request; to create, manage, and monitor your account; to respond to your inquiries and communicate with you, including placing calls or sending texts using any automated technology, including prerecorded messages; to operate, troubleshoot, and improve this website, our business and the providing of goods and/or services; to process your transactions, invoices, and settlement payments; to understand your interests, personalize your experience on this website, and deliver information about products and services relevant to your interests; respond to your inquiries and requests for customer support; and enable security features for this website, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in; and for the purpose for which the information was provided.

We do not disclose, rent, sell or otherwise make available your personal information to third parties for direct marketing purposes.

We may use aggregated or anonymized information for trend analysis, to administer or provide information and/or our services, to improve customer service, to troubleshoot our website or servers, to track user movement, and to gather demographic information for aggregate use. We may freely publish, disclose and use aggregated or anonymized to or with third parties.

We may disclose personal information to comply with laws, regulations or other legal obligations; to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties; to enforce our agreements, Terms of Use or this Privacy Policy or agreements with third parties; to initiate, render, bill, and collect for amounts owed to us; or for crime-prevention purposes.

Cookies

We may use cookies and other technologies such as log files, web beacons, tracking pixels, mobile identifiers, and analytic tools and services to automatically collect personal information about you. We may also allow our third-party service providers and/or business partners to use these tracking technologies or engage others to track your behavior on our behalf. You may accept or decline cookies.

Text Messages

If you provide us with your telephone number, you consent to receiving communications via text messages or phone calls to that number and waive any rights you may have under the Telephone Consumer Protection Act. You may contact us at any time, however, to opt out of receiving such texts.

Information Security

We take commercially reasonable measures to secure and protect the personal information we collect from unauthorized access, use or disclosure. However, no security system is impenetrable. Moreover, no data transmission is guaranteed one hundred percent secure. Therefore, we cannot guarantee the security of information you transmit to or from us. Accordingly, we disclaim liability for the theft, loss, or interception of, or unauthorized access or damage to, your data or communications by using this website and our services. By using our website or services, you acknowledge that you understand and agree to assume these risks.

Children’s Privacy

We do not knowingly collect personal information online from children under the age of 18. Please contact us if you believe we may have collected such information.

Users Outside the United States

We are headquartered and operate within the United States. Accordingly, your personal information may be transferred to, stored or processed in the United States, where our server(s) and database(s) are operated, and other locations outside of your home country. The information we collect may be subject to access requests from government agencies of these countries. Please note that the data protection and other laws of these countries might not be as comprehensive as those in your home country.