Legal

DISCLOSURE

Crescent Heights, NEMA and NEMA MADE IN SAN FRANCISCO are registered trademarks used by a group of companies, partnerships and ventures. Each such company, partnership and venture is a separate, single purpose entity that: (a) owns, develops and/or operates its own real estate project separate, independent and apart from any such other company, partnership and venture; and (b) is solely responsible for (i) its own real estate project, and (ii) its own duties, responsibilities and obligations.

Nema is a real estate project owned and operated by Tenth and Market, LLC, a Delaware limited liability company (“Tenth and Market”, “us”, or “we”). Tenth and Market is a separate, single purpose entity that: (a) owns and is operating the Nema real estate project (“Nema”) separate, independent and apart from any other company, partnership and venture; and (b) is solely responsible for (i) Nema, and (ii) its own duties, responsibilities and obligations.

TERMS AND CONDITIONS OF USE

The Website at https://www.rentnema.com (“Website”) is made available to you by Tenth and Market. Please read these terms and conditions of use (collectively, “Terms”) carefully before accessing, viewing or using the Website. By accessing, viewing and/or using the Website, you accept and agree to be bound by all the Terms. If you do not accept and agree to be bound by all the Terms, then: (a) you do not have the right to access, view or use the Website; (b) you must immediately exit the Website; and (c) you must refrain from using any Content that you may have obtained from the Website. Any questions regarding the Terms should be in writing directed to: Tenth and Market, LLC, 2200 Biscayne Boulevard, Miami, FL 33137 Attn: Legal Department, or by email to: info@crescentheights.com, in each case referencing “Nema” and “Terms and Conditions of Use” in the subject line of the letter or email.

The Terms apply to the use of the Website as well as all data, information, advertisements, policies, content, links, functions and other materials and services presented herein (collectively, “Content”). The Website, the Terms and the Content may be amended, modified, supplemented and/or removed in whole or in part at any time and from time to time without any prior notice. Any such amendment, modification, supplement and/or removal shall be effectively immediately upon the posting or removal of the same from the Website. You can view the most current version of the Website, the Terms and the Content at any time by visiting the Website.

All Content contained on the Website is protected by copyright, trade secret, patent, trademark and/or other intellectual property laws, rules and regulations. No Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download, display and print the materials presented on the Website for your personal, non-commercial use. Any commercial use of any Content from the Website is prohibited. Nothing contained on the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (collectively, “IP Rights”) with respect to any of the Content, and all such IP Rights with respect to the Content are hereby expressly reserved.

Specifically, all trademarks, service marks and logos used on the Website (including, without limitation, Crescent Heights) are registered trademarks, service marks and logos of Crescent Heights IP, LLC, its affiliates and/or of others. No license or right to use any trademark, service mark or logo contained on the Website is granted, whether by implication or otherwise by use of the Website. Any use of any trademark, service mark or logo contained on the Website is expressly prohibited unless first authorized in writing by the holder of such trademark, service mark or logo.

The sketches, renderings, graphic materials, plans, specifications, designs, floor plans, layouts, elevations, art, furniture, fixtures, appliances, amenities and views are: (a) conceptual and illustrative only; and (b) subject to change, modification, withdrawal or cancellation in whole or in part at any time and from time to time without any prior notice. Some items shown may not be included in some or any rental units. All dimensions are approximate and subject to change and should not be relied upon when making a decision to lease a rental unit. Photography may be stock photography and is used to depict the spirit of the lifestyles to be achieved rather than any that may exist or that may be proposed. Scenes, pictures, drawings, illustrations and/or views shown may be conceptual and illustrative artist renderings and cannot be relied upon. Views described or depicted cannot be relied upon as the actual view from any proposed rental unit or amenity area. There is no guarantee that the amenities, features, services or views described, shown or depicted will be constructed or provided, or that they will be as described, shown or depicted if ultimately constructed and/or provided.

The Website and Content are provided only for your informational purposes and personal use. Commercial use of the Website and/or Content is strictly prohibited. All use of the Website (including, without limitation, all Content) shall be at your own risk and use of the Website and Content is provided on an “as is” basis without any representations or warranties of any kind or nature, either express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. We assume no responsibility, obligation or liability for any: (a) errors, omissions, mistakes or inaccuracies of any Content; (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Website; (c) any unauthorized access to or use of our servers by third-parties; (d) any interruption or cessation of transmission to or use of the Website; (d) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Website by any third party; and/or (e) loss or damage of any kind whatsoever (including, without limitation, damage to your computer system or loss of data) incurred as a result of the use of any Content posted, emailed, transmitted, downloaded or otherwise made available via the Website. Nor do we assume any: (y) liability to correct any known errors, omissions, mistakes or inaccuracies of any Content; or (z) responsibility or obligation to update, modify or supplement any Content to reflect any new or change in existing facts or circumstances which may come to our attention.

You agree not to use the Website: (a) to interfere with or disrupt our business activity or the business activity or our affiliates; (b) to intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulation; (c) in a manner that could damage, disable, overburden or impair any computer system, server or network; or (d) to gain unauthorized access to any other accounts, computer systems, servers or networks. Your use of the Website or the Content in any manner prohibited by these Terms may subject you to legal action and liability.

In no event shall we be liable to you or any third party claiming through you for any direct, indirect, consequential, exemplary, punitive, special or incidental damages (including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits or loss of use or other economic advantage) in connection with the use of or the inability to use or the reliance upon the Website or any Content appearing on the Website. If you are dissatisfied with any portion of the Website, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Website.

You agree to indemnify, defend and hold harmless us and each and every one of our parents, affiliates and subsidiaries, and each of our and their respective directors, officers, shareholders, members, managers, partners, trustees, beneficiaries, employees, consultants, agents, attorneys and representatives, from and against any and all claims, demands, causes of action, losses, liabilities, damages (whether direct, indirect, special, reliance, consequential, punitive or otherwise), judgments, settlements, fees, costs, and expenses whatsoever (including, without limitation, reasonable attorneys' fees at trial, appellate levels and/or in all alternative dispute resolution proceedings) arising from and/or in connection with your use of the Website and/or any Content and/or your violation of any Terms and/or your use and/or reliance upon any Content.

Any and all information, including, personal information provided by you on the Website is subject to our Privacy Policy which is found by clicking on the “Privacy Policy” link on the footer of the Website. No right of confidentiality shall apply to any inquiries or other communications made to or from us through the Website.

The Website contains links to websites operated by persons other than us (“Third Party Websites”). Those Third Party Websites are provided solely as a convenience to you and your use of them is solely at your own risk. The terms of use and other legal terms, notices and policies of the Third Party Websites you visit may differ from the Terms and other legal terms, notices and policies of the Website, and therefore we encourage you to read and review the terms of use and other legal terms and policies of all Third Party Websites you visit. You understand, acknowledge and agree that we will not be liable to you for any loss, injury or damage which you may suffer by using those Third Party Websites.

WE ARE PLEDGED TO THE LETTER AND SPIRIT OF THE U.S. POLICY FOR ACHIEVEMENT OF EQUAL HOUSING OPPORTUNITY THROUGHOUT THE NATION. WE ENCOURAGE AND SUPPORT AN AFFIRMATIVE ADVERTISING AND MARKETING PROGRAM IN WHICH THERE ARE NO BARRIERS TO OBTAINING HOUSING BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN.

Enforcement of the Terms and use of the Website and Content shall be governed by, enforced and construed under the laws of the State of Florida without giving effect to any rules of conflicts of law. Venue for all actions, litigation and/or other proceedings relating to or arising out of the Terms and/or use of the Website and/or Content shall be exclusively in Miami-Dade County, Florida. Text on this Website may be published in languages other than English. In all instances, the English language version of any text, including this the Term and Content, controls the legal impact and interpretation of this Website and its use. The Terms constitute the entire agreement between us relating to your use of the Website and Content. If any term, provision or portion of the Terms is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, then such term, provision or portion of the Terms shall be given it nearest valid, legal and enforceable meaning, or construed as deleted, whichever such court may determine, and the same shall not invalidate the remaining terms, provisions and/or portions of the Terms, which remaining terms, provisions and portions of the Terms will remain in full force and effect.

The effective date of this current version of the Terms is 11/27/2018.