This website at www.barinvestms.com (the “Website”) is made available to you by Bar Invest Group Inc., its subsidiaries, and affiliates (collectively, “Bar Invest Group”). Please read these terms of use (the “Terms of Use”) carefully before accessing, viewing, or using the Website. By accessing, viewing, or using the Website, you agree to be bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Website. Bar Invest Group may modify the Terms of Use from time to time, in the sole discretion of Bar Invest Group. You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.

The Terms of Use do not alter the terms and conditions of any agreement you may have with Bar Invest Group or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and Bar Invest Group, the Terms of Use are the entire agreement between you and Bar Invest Group and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Bar Invest Group about this Website.

SITE CONTENT

This Site contains copyrighted material, trademarks, service marks, and other proprietary content, including but not limited to floor plans, text, software, audio, photographs, buttons, images, logos, video, graphics, and user content belonging to other users (the “Content”),and all intellectual property rights related thereto, are the exclusive property of Bar Invest Group and its licensors. Neither these Terms nor your use of this Site transfers any right, title or interest in the Site or the Content to you, and Bar Invest Group and its third-party licensors retain all of its and their respective right, title and interest to the Site and Content.

Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of Bar Invest Group.

This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

Certain materials on this Site may be furnished by third parties, including any advertisements. Certain product, service, or company designations for companies other than Bar Invest Group may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product, or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.

For your convenience, Bar Invest Group makes its screening criteria available through this Site so that visitors to the Site may review this criteria before submitting an application. If you have a question regarding the screening criteria and whether it is applicable to a specific Bar Invest Group property, please contact the property directly.

NONINTERFERENCE

You agree not to engage in any of the following prohibited activities: (1) use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the site for purposes other than for a generally available search engine; (2) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site; (3) delete, modify, hack or attempt to change or alter any of the Content on the Site; (4) use any Bar Invest Group Inc names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text; (5) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property; (6) provide false information on your registration form, or impersonate someone else; or (7) use any material or information, including images or photographs, which are made available through this Site in any manner that infringes copyright, trademark, patent, trade secret or other proprietary right of any party.

PRIVACY

Bar Invest Group will treat any information it collects from you through this Site in accordance with our online Privacy Policy. Please review the Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Site.

 LINKS TO THIRD-PARTY WEBSITES

The Website may contain links to third-party materials that are not affiliated with, under the control of, or otherwise maintained by Bar Invest Group. If you use these links, you may leave the Website. Bar Invest Group has not reviewed any of these third-party sites and does not control and is not responsible for any of these sites or their content. Bar Invest Group does not endorse any opinion, recommendation or advice expressed therein or make any representations about third-party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and Bar Invest Group expressly disclaims any and all liability in connection with such third-party sites. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against Bar Invest Group in connection therewith. You further understand and acknowledge if you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk.

SECURITY

Bar Invest Group cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to overcome our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

NO WARRANTY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE BAR INVEST GROUP SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD-PARTY CONTENT SHALL BE AT YOUR OWN RISK. BAR INVEST GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. BAR INVEST GROUP MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL BAR INVEST GROUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF BAR INVEST GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

FAIR HOUSING STATEMENT

Bar Invest Group is committed to compliance with all federal, state, and local fair housing laws. BPI will not discriminate against any person because of race, color, religion, national origin, sex, familial status, disability, or any other specific classes protected by applicable laws. Bar Invest Group will allow any reasonable accommodation or reasonable modification based upon a disability-related need. The person requesting any reasonable modification may be responsible for the related expenses.

COPYRIGHT INFRINGEMENT POLICY

Bar Invest Group does not knowingly permit copyright infringing activities on the Website. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement and delivering it to Bar Invest Group’s Designated Copyright Agent: 701 Brickell Ave, Suite 2040, Miami, FL 33313. Upon receipt of Notice as described below, Bar Invest Group will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from this web site. Please note that if you fail to comply with all the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid.

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Bar Invest Group to locate the material;
• Information reasonably sufficient to permit Bar Invest Group to contact the reporting person, such as an address, telephone number, and, if available, an electronic mail;
• A statement that the reporting person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the reporting person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

INDEMNITY

You agree to defend, indemnify and hold harmless Bar Invest Group and its affiliates, officers, directors, owners, operators, employees, licensors and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from, related to or in connection with: (i) your use of and access to the Website, including without limitation any Materials contained herein; (ii) your violation of any of these Terms of Use; and/or (iii) your violation of any third-party right, including without limitation any Third-Party Content or any other third-party copyright, property, or privacy right in connection with your use of or access to the Website.

GENERAL PROVISIONS

Enforcement of the Terms of Use will be governed by Florida law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to the Terms of Use or your use of the Website will lie in the state or federal courts located in Florida and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Bar Invest Group to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Bar Invest Group in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

CONTACT INFORMATION

If you have any questions regarding the Website, please contact Bar Invest Group by sending an email to [email protected].