Terms of Service
Mast Capital Website Terms of Service
These Mast Capital Website Terms of Service (“Terms of Service”) describe the terms pursuant to which Mast Capital, Inc. (referred to in these Terms of Service as “Mast,” “Company,” “we,” “us” and “our”) provides you with our website located at www.mastcapital.com and any of our other websites which display these Terms of Service (collectively, the “Site”). We prepared these Terms of Service to help explain the terms that apply to your use of the Site.
Notice Regarding Dispute Resolution: These Terms of Service contain provisions that govern how claims you and we may have against each other are resolved (see Section 7 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 7(E). Unless you opt-out of arbitration: (A) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. Updates to these Terms of Service.
We may modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Site prior to the time the new Terms of Service take effect. If you continue using the Site after the new terms take effect, you will be bound by the modified Terms of Service.
3. Affirmative Representations Regarding Your Use of the Site.
When you use the Site, you represent that: (A) the information you submit is truthful and accurate; (B) your use of the Site and your use of services available on the Site do not violate any applicable law or regulation; and (C) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service.
4. Our Intellectual Property Rights.
To the best of the Company’s knowledge, all of the content on the Site (“Materials”) and the trademarks, service marks, and logos contained on the Site, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Site and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials. You further agree not to access the Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.
5. Our Management of the Site; User Misconduct.
A. Our Right to Manage the Site. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Site for violations of these Terms of Service and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (iii) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site; (iv) screen our users, or attempt to verify the statements of our users; and/or (v) monitor disputes between you and other users or to terminate or block you and other users for violating these Terms of Service.
B. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Site TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Service, OR OF ANY APPLICABLE LAW OR REGULATION.
6. Third Party Sites.
7. Legal Disputes and Arbitration Agreement.
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
A. Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. Each of you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
B. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 7(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and/or your use of the Site shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of the AAA’s Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. The arbitration rules also permit you to recover attorney’s fees in certain circumstances.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class Arbitration Waiver. You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 7(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
E. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 7(B), 7(C), and 7(D) by sending written notice of your decision to opt-out to the following address: 119 Washington Avenue, Suite 505, Miami Beach, FL 33139 or by email to email@example.com. The notice must be sent within thirty (30) days of commencing use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
F. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 7(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Miami, Florida (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Miami, Florida for any litigation other than small claims court actions.
G. Applicable Law. You agree that federal laws and the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and the Company.
8. Warranty Disclaimers; Limitation on Liability.
A. General Disclaimer of Warranties Relating to the Site
I. All materials or items provided through the site are provided “as is” and “as available,” without warranty or conditions of any kind. By operating the site, we do not represent or imply that we endorse any materials or items available on or linked to by the site, including without limitation, content hosted on third-party sites, or that we believe these materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from the use of the site. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms of Service. You agree that your use of the site will be at your sole risk. To the fullest extent permitted by law, we and each of our affiliates, advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers, project development entities, and other contractors disclaim all warranties, express or implied, in connection with the site and your use of the site.
II. No warranties or representations are made about the accuracy, reliability, timeliness, or completeness of the site’s content, the content of any service linked to the site, information, or any other items or materials on the site or linked to by the site. Neither we nor any of the project development entities or other affiliates assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site or services, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored in our servers, (d) any interruption or cessation of transmission to or from the site, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the site by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the site.
B. No reliance on oral representations.
Oral representations cannot be relied upon as correctly stating the representations of the developer. For correct representations, make reference to this site and to the documents required by Section 718.503, Florida Statutes, to be furnished by a developer to a buyer or lessee.
C. Additional Disclaimers Regarding the Properties and Plans Described on the Site
I. The materials on the site are not intended to be an offer to sell, or solicitation to buy, a property. Such an offering shall only be made pursuant to the prospectus (offering circular) for the property, and no statements should be relied upon unless made in the prospectus or in the applicable purchase agreement. In no event shall any solicitation, offer, or sale of a property be made in, or to residents of, any state or country in which such activity would be unlawful.
II. We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing throughout the nation. We encourage and support an affirmative advertising, marketing, and sales program in which there are no barriers to obtaining housing because of race, color, sex, religion, handicap, familial status, or national origin.
III. The information and materials contained on the site about MAST and its properties and communities, and all photos, renderings, plans, prices, land uses, improvements, amenities, dimensions, specifications, materials, and availability depicted on the site of any MAST properties and communities are conceptual in nature and are subject to change or cancellation without notice or obligation. Scenes may include artist's renderings and may be of locations or activities not on a property or not yet completed.
IV. Nothing contained on the site is intended or shall be deemed to be an offer to sell real estate or real estate securities to residents of the state of New York. In furtherance of the foregoing, MAST hereby discloses the following: (a) neither MAST nor its principal(s) taking part in the public offering or sale are incorporated in, located in, or resident in the state of New York; (b) the offering is neither made in the state of New York nor made to the residents of the state of New York; (c) the offering is not directed to any person or entity in the state of New York by, or on behalf of, MAST or anyone acting with MAST’s knowledge; and (d) no offering or purchase or sale of the security or any unit shall take place as a result of this offering in New York or with a resident of the state of New York until all registration and filing requirements under the Martin Act and the New York 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.
V. The materials and information contained on the site do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities in MAST or any of its affiliates. Furthermore, the site may contain information and press releases about and by MAST. Although this information was believed to be accurate as of the date prepared by MAST, MAST disclaims any duty or obligation to update this information. To the extent that any information is deemed to be a “forward-looking statement” as defined in the Private Securities Litigation Reform Act of 1995, this information is intended to fit within the “safe harbor” provided therein. Forward-looking statements are not guarantees of performance. You are cautioned not to place undue reliance on forward-looking statements, which speak only as of the date made. The site is not intended to make any investment representations about MAST or its affiliates and should not be viewed as such.
VI. No real estate broker is authorized to make any representations or other statements regarding the real estate projects described on the site, and no agreements with, deposits paid to, or other arrangements made with any real estate broker are or shall be binding on MAST.
In no event shall MAST or any of the project development entities or other MAST affiliates be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages, including lost profit damages arising from your use of the site, materials, or any other content provided through the site. Notwithstanding anything to the contrary contained in these Terms of Service, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms of Service, whether in contract, tort, or for breach of statutory duty or in any other way, shall not exceed $50.
Exceptions to Disclaimers and Liability Limitations.
Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the limitations or exclusions in Sections 8(a), 8(b), 8(c), and 8(d) may not apply to you.