Terms of Use

Terms of Use

Last Modified: October 10, 2018

AGREEMENT BETWEEN USER AND RENDINA HEALTHCARE REAL ESTATE – A LEADING PROVIDER OF HEALTHCARE REAL ESTATE FACILITIES

These terms of use are entered into by and between you and Rendina Development Company of America, LLC d/b/a Rendina Healthcare Real Estate – A Leading Provider of Healthcare Real Estate Facilities (“Rendina”, “we”, or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of http://rendina.com/, including any content, functionality, and services offered on or through http://rendina.com/ (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://rendina.com/privacy-statement/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Rendina and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Rendina reserves the right to change the terms, conditions, and notices under which the Website is offered, from time to time in Rendina’s sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide in any submission through the Website is correct, current, and complete. You agree that all information you provide through this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy [INSERT A LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Rendina, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use or for your own legitimate business purposes as a potential or current customer of Rendina, for your use in understanding and evaluating the desirability and applicability of the services offered by Rendina for you or your business, and not for further reproduction, publication, or distribution.
  • If we provide links to social media features [INSERT LINK TO THE WEBSITE AND SOCIAL MEDIA FEATURES] with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use any part of the Website or any services or materials available through the Website for any commercial gain, for purposes of competing with Rendina, or for a resource for modeling your business practices. If you print, copy, modify, download, or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Rendina. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

LINKS TO THIRD PARTY SITES

The Website may contain links to other websites, social media, and resources provided by third parties (“Linked Sites”). The Linked Sites are not under the control of Rendina and Rendina is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site, or any loss or damage that may arise from your use of Linked Sites. Rendina is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rendina of the site or any association with its operators. This includes links contained in advertisements, including banner advertisements and sponsored links. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to Rendina that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Use of Communication Services set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate Rendina, a Rendina employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Rendina or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
USE OF COMMUNICATION SERVICES

The Website may contain message or communication facilities designed to enable you to communicate with Rendina (collectively, “Communication Services”) and enable you to submit, or transmit to Rendina content or materials (collectively, “Submissions”) on or through the Website. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service, and that in their entirety comply with all applicable federal, state, local, and international laws and regulations. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, inflammatory, hateful, unlawful or otherwise objectionable topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, or otherwise conduct activities that involve commercial activities or sales.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service, including without limitation these Terms of Use and our Privacy Policy.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Violate any applicable laws or regulations.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that any particular communication emanates from or is endorsed by Rendina or any other person or entity, if this is not the case.
MONITORING AND ENFORCEMENT; TERMINATION

Rendina has no obligation to monitor the Communication Services. However, Rendina reserves the right to:

  • Review materials posted to a Communication Service and to remove any materials for any or no reason in its sole discretion.
  • Terminate or suspend your access to any or all of the Communication Services at any time without notice for any or no reason whatsoever, including, without limitation, any violation of these Terms of Use.
  • Take any action with respect to any Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission violates the Terms of Use, including the Use of Communication Services, infringes or otherwise misappropriates any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Rendina.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including with limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, Rendina has the right to cooperate fully with any law enforcement activities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. YOU WAIVE AND HOLD HARMLESS RENDINA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or any third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Rendina does not control or endorse the content, messages or information found in any Communication Service and, therefore, Rendina specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

MATERIALS PROVIDED TO RENDINA THROUGH THE WEBSITE

Rendina does not claim ownership of the materials you provide to Rendina (including feedback and suggestions) or any Submissions. Any Submissions must comply with the Use of Communications section of these Terms of Use. Any Submission you make through the Website will be considered non-confidential and non-proprietary. By uploading, inputting, providing or submitting your Submission you are granting Rendina, its affiliated companies and necessary sublicensees and service providers permission to use your Submission for any purpose including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Rendina is under no obligation to review or use any Submission you may provide.

By uploading, inputting, providing or submitting your Submission you warrant and represent that: (a) you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide upload, input or submit the Submissions and have the right to grant the license above granted to Rendina and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and (b) your Submission does and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not Rendina, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Submissions made by you or any other user of the Website.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Rendina, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Rendina. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy [INSERT AS LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the state of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RENDINA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, FINANCIAL, OR ANY OTHER DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RENDINA NOR ANY PERSON ASSOCIATED WITH RENDINA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

LIABILITY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RENDINA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR LOSS OF GOODWILL, IN EACH CASE WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE OR IF RENDINA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

TERMINATION/ACCESS RESTRICTION

Rendina reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Rendina, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your Submissions; any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use; or your use of any information obtained from the Website.

GOVERNING LAW

To the maximum extent permitted by law, all matters relating to the Website and these Terms of Use and any claim or dispute arising therefrom or related thereto (in each case, including non-contractual disputes or claims), whether addressed in arbitration or, if excluded from arbitration as set forth below, in a state or federal court, shall be governed by the laws of the State of Florida, U.S.A., without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. YOU AND RENDINA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND RENDINA ARISING FROM OR RELATING IN ANY WAY TO THE WEBSITE, THESE TERMS, OR ANY OTHER POLICIES OR AGREEMENTS SPECIFIED HEREIN, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. NOTWITHSTANDING THE FOREGOING, THE PARTIES HEREBY AGREE AND ACKNOWLEDGE THAT ANY ACTION BY RENDINA OR ANY OF ITS AFFILIATES OR SUBSIDIARIES FOR: (i) TRADE SECRET MISAPPROPRIATION; (ii) PATENT INFRINGEMENT; (iii) COPYRIGHT INFRINGEMENT OR MISUSE; OR (iv) TRADEMARK INFRINGEMENT OR DILUTION SHALL NOT BE SUBJECT TO ARBITRATION UNDER THIS SECTION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration shall be governed by Florida law and shall occur at a venue in Palm Beach County, Florida to be agreed upon in writing by the parties hereto. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 30 days of the date that you first accept these Terms of Use. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR RENDINA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PARTIES IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

You agree that with respect to any claim or controversy excluded from arbitration pursuant to the terms of this section or determined by an arbitrator or court of competent jurisdiction to be excluded from this section (“Excluded Claim”), you hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Palm Beach County, Florida, for the adjudication of any Excluded Claim, and hereby irrevocably waive, and agree not to assert in any suit, action or proceeding, any claim that you are not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Nothing contained herein shall be deemed or operate to preclude a party from bringing suit or taking other legal action against the other party in any other jurisdiction to enforce a judgment or other court ruling in favor of such party. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OR ANY TRANSACTION CONTEMPLATED HEREBY.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rendina as a result of these Terms of Use or your use of the Website. Rendina’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Rendina’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Rendina with respect to such use. If any provision of these Terms of Use is determined by a court or other tribunal of competent jurisdiction to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use shall continue in full force and effect. Unless otherwise specified herein, these Terms of Use and our Privacy Policy constitute the sole and entire agreement between the user and Rendina with respect to the Website and supersede all prior or contemporaneous understandings, agreements, representations, warranties, communications and proposals, whether electronic, oral or written, between the user and Rendina with respect to the Website. These Terms of Use are for the sole benefit of the user and Rendina, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT NOTICE

All contents of the Rendina Website are: Copyright 2013-2018 by Rendina Development Company of America, LLC and/or its affiliates and licensors. All rights reserved.

TRADEMARKS

The Rendina name, the terms Rendina Healthcare Real Estate and Rendina Real Estate Development, the Rendina logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Rendina or its affiliates or licensors. You must not use such marks without the prior written consent of Rendina. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

YOUR COMMENTS AND CONCERNS

This Website is operated by Rendina Development Company of America, LLC, 661 University Boulevard, Suite 200, Jupiter, Florida 33458. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: rendinahre@gmail.com.