General Terms and Conditions of Use

These General Terms and Conditions of Use (“the Terms”) establish a legally binding, contractual relationship between you and TCS of Miami, LLC (“us,” “we,” “TCS of Miami”, or “Company”).

Access and/or use of our Site, App or Services (each as defined in our Privacy Policy which is incorporated in full by reference herein) constitute consent to the terms and conditions set forth herein. These terms and conditions may be periodically modified or changed at any time, without prior notice. Users are responsible for thoroughly reviewing these terms prior to each use. Your initial and subsequent use of the Site, App or Services (individually or combined or collectively the “Platform”) will constitute consent to the most recent version of the terms and conditions, including any modifications or changes.

DO NOT ACCESS THIS PLATFORM IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

1. AUTHORIZATION

YOU ARE NOT AUTHORIZED TO USE THE PLATFORM IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS! BY ACCESSING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS IN THEIR ENTIRETY. We may periodically modify or change these Terms at any time, without prior notice and without any liability for damages or loss. The changes will become effective upon posting. Your initial and subsequent use of the Site, App or Services will constitute consent to the most recent version of the Terms.

2. ACCESS

As another condition of access, YOU MUST BE AT LEAST 18 YEARS OF AGE. The Platform is not intended or suitable for minors.

The Platform and the Services are solely for use by the following persons or entities:

3. PRIVACY POLICY

As stated above, our Privacy Policy is incorporated by reference into the General Terms and Conditions, which simply means it is part of your agreement with us. The Privacy Policy will authorize us to collect, store, and share your information. You are responsible for keeping your information private. DO NOT SHARE YOUR INFORMATION with anyone. Please contact us immediately if you know or suspect that your account has been compromised or breached in any way.

4. USER RIGHTS

We need to protect the rights of third parties, just as we protect yours. If your actions might violate the rights of a third party, including but not limited to intellectual property rights, we can suspend, disable or terminate your access.

5. USER INFO

“User” is any person or entity who interacts with our technologies or platforms, including but not limited to property investors, property owners, property buyers, property sellers, property managers, lenders, developers or the public in general. Users who set up accounts, either for themselves or as an authorized agent, must ensure that all the information provided is accurate and kept up to date. Please do not create a user name that is inappropriate, vulgar or otherwise offensive.

6. ELECTRONIC COMMUNICATIONS

By accessing the Platform, you agree that we can send you emails, notices, messages, updates or other electronic communications which will be considered legally received on the date sent. We are not responsible for any filtering by your network provider. To stop receiving emails or texts, just reply to UNSUBSCRIBE to such communications or send an email to support@TCSofMiami.com with the subject line “unsubscribe” or “opt out”.

The Company may choose to offer promotions from time to time, either directly or through third parties. Such promotions or offers will be subject to these terms, as well as any additional terms that may be posted.

7. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

The Platform contains intellectual property such as copyrighted material and other proprietary information, including, but not limited to, trademarks, logos, photographs, video, graphics, music, sound, and other content. You may not copy, transmit, distribute, use, misuse, publish, reverse engineer, attempt to extract the source code, decompile or otherwise disseminate or exploit any of the code contained on our App or Site, whether it is ours or a third parties’.

The entire contents of our Platform is protected by copyright as a collective work pursuant to copyright or intellectual property laws. We are not legally responsible for the accuracy, reliability, misuse or completeness of the content contained on the Platform or any sites linked from our Platform, and shall not be held liable for improper use or any other action, whether negligent or intentional. Our intellectual property rights, and those of third parties, constitute unique and valuable assets which represent a substantial investment of time and expense. Any unauthorized or unintended use of such knowledge for commercial purposes could cause us, or third parties, irreparable harm for which money damages alone may be inadequate. Accordingly, in addition to all other remedies expressly provided herein, users acknowledge that the Company may seek all available remedies at law and in equity, including but not limited to, injunctive relief.

Users agree to keep confidential and to use only for authorized purposes, any proprietary or confidential information of the Company or any information which could reasonably be considered proprietary, secret or confidential in nature including, but not limited to knowledge/information of our business operations, trade secrets, current or planned technological configurations, partners, available properties, research, contracts, User information, pricing, business methods, computer software developments or related programs, financial statements, projections, budgets, and confidential information which the Company reasonably has the right to protect by patent, copyright, trademark, or by maintaining its confidentiality.

The provisions of this section shall remain in full force and effect and shall survive the expiration or termination of any contract or other agreement, regardless of the reason.

8. USER AND THIRD PARTY CONTENT

We do not claim ownership rights to the intellectual property of any user or third party. By posting content on our Platform, you grant us a perpetual, non-exclusive, worldwide, sub-licensable, royalty-free license to display the content for the purposes of the Services provided. You further acknowledge that this license will allow us to distribute, modify, edit, store, compile, disseminate, use, market and publish the material. By posting content, you represent that you have the ownership rights to any items posted on our Platform, or the authorization of any relevant third party, and that neither you or the third party are infringing upon the intellectual property of any person or entity. We reserve the right, in our sole discretion, and with no legal liability, to terminate, suspend, or disable a user’s account for any action that is illegal, threatening, deceptive, defamatory, libelous, fraudulent, infringing on intellectual property rights, or otherwise inappropriate.

9. OUR SERVICES AND OBLIGATIONS

You are not obligated to use our Services as a condition to access, view or use our public website. The information on the public website and more broadly on this Platform is for informational purposes only.

TCS of Miami, LLC is an independent party that provides paid or commissioned intermediary services to those that use our Services. In undertaking such Services, the Company gathers and curates a network of leading property developers and providers of luxury condominium real estate and matches exclusive and non-exclusive opportunities from such, including but not limited to preconstruction and construction phase availability, with potential buyers for ownership or investment or other purposes. The Company may also offer additional services and insights to potential property buyers, which may or may not include informational updates, or referrals to specialist providers, including but not limited to finance providers, mortgage providers, insurance providers, cleaning services, interior design or furniture services, or other relevant services. Company is not a party to any agreements between buyers and sellers of real estate or investments or to any agreements between buyers and other third parties. Unless and until we enter into a direct written agreement for us to supply any Services to you, the Company has no fiduciary duty to you.

Our general terms and conditions do not create an agency, joint venture, partnership, or employment relationship of any kind. We are not responsible for the conduct of other parties, and we offer no endorsements, warranties or representations as to the reputation, policies or practices of users or third parties whether referred or not; or to the quality, suitability, merchantability, or the ability to finance any item. All parties assume legal responsibility for their actions, inactions, and representations, whether negligent or deliberate.

10. REAL ESTATE PROPERTY AND INVESTMENTS

Fluctuations in the value of the assets that are the subject of any investment are to be expected. Additional risks exist due to a variety of factors, including, but not limited to, leverage, property operations, business risks, management and environmental liabilities. There is a potential for loss of part or ALL of the investment capital, and each investor should understand that all capital invested may be lost. Investors should only consider these investments if they have no need for liquidity and can bear the risk of losing their entire investment. Further, investments directly or indirectly in real estate may require ongoing maintenance costs and other capital or operating costs by the User. Real estate property may be subject to a variety of ongoing or one-off taxes, assessments, levies and other costs or fees for which the property owners will be directly and solely responsible.

Past performance is not indicative of future performance. Any financial projections or returns shown on the Platform are examples only and Users should conduct their own due diligence and not rely on the financial assumptions or estimates that may be displayed here. Users should not rely on any forward-looking statements made regarding this opportunity, because such statements are inherently uncertain and involve risks. Words such as “anticipated”, “projected”, “forecasted”, “estimated”, “prospective”, “believes”, “expects”, “plans”, “future”, “intends”, “should”, “can”, “could”, “might”, “potential”, “continue”, “may”, “will” and similar expressions are used to identify these forward-looking statements.

In considering any prior performance information presented on the Platform, bear in mind that past performance does not indicate future results, and that there can be no assurance that comparable results will be achieved. Moreover, any such past performance information is subject to, and should be reviewed in light of the assumptions accompanying that information. The use of terms such as higher, above average, safe or successful, express opinions and are not a promise or guarantee for any possible investment performance or safety of capital.

Any financial projections or returns shown on the website are illustrative examples only, and there can be no assurance that any valuations provided are accurate or in agreement with market or industry valuations.

11. NO WARRANTIES

We do not architect, design, develop, construct, inspect, survey, maintain, or service properties or collect payment. We are not responsible for any misrepresentations, defective properties or other actions of third parties whether negligent or intentional. No advice or content provided by the Company, its employees or agents will create any warranty. We will not be responsible for disruption or interruption of services, any force majeure, or any actions or inaction of third parties.

THE COMPANY MAKES NO REPRESENTATIONS AND OFFERS NO WARRANTIES REGARDING ANY CONTENT, PROPERTY, INVESTMENT, PRODUCT OR SERVICE, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTE OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTEE THAT THE PLATFORM WILL BE FREE FROM DEFECTS, VIRUSES, OR ERRORS. OUR PLATFORM IS OFFERED “AS IS”. YOU ASSUME ANY RISK WHEN USING THE PLATFORM OR MAKING ANY INVESTMENTTRANSACTIONS OR PURCHASES OR SALES.  THE COMPANY HAS NO LIABILITY FOR ANY TRANSACTIONS ENTERED INTO BETWEEN USERS AND THIRD PARTIES AND DOES NOT GUARANTEE OR WARRANT ANY TRANSACTION BETWEEN USERSAND THIRD PARTIES.

12. REMEDIES

We hope to maintain an amicable relationship with all of our users. However, sometimes unexpected issues occur. If such an unlikely situation arises, we have the right to seek all available remedies at law and in equity, including but not limited to seeking injunctive relief, i.e.,obtaining a court order to stop or prevent your actions.

14. LINKS TO OTHER SITES

For your convenience, we may offer links to other websites, advertisers, social media or other services. These linked sites are not under our control and are for informational purposes only. You are responsible for complying with the terms and conditions of any third parties. These links are not a recommendation, endorsement, inducement to purchase, or representation as to the authenticity, veracity or appropriateness of the content. We offer no warranty and assume no legal liability for such links. Please refer to the “No Warranties” section above as to our warranty disclaimer and your assumption of risk.

15. NO LIABILITY

TO THE FULLEST EXTENT ALLLOWED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES, EITHER IN CONTRACT OR TORT, INCLUDING ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY ECONOMIC LOSS, INCLUDING ANY LOSS OR DAMAGES ALLEGED TO HAVE OCCURRED FROM A TRANSACTION BETWEEN USERS.

16. INDEMNIFICATION

TO THE FULLEST EXTENT ALLOWED BY LAW, USER AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS FOR ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS (“CLAIM(S)”) ARISING FROM OR RELATING TO USER’S ACTIONS OR INACTIONS, DELIBERATE OR NEGLIGENT, RESULTING IN CLAIMS AGAINST THE COMPANY OR ITS OFFICERS, EMPLOYEES OR AGENTS, INCLUDING BUT NOT LIMITED TO ANY TRANSACTION BETWEEN USERS.  YOU WILL BE RESPONSIBLE TO REIMBURSE US FOR ALL DAMAGES, DIRECT OR INDIRECT, AS WELL AS LEGAL COSTS AND FEES, INCLUDING REASONABLE ATTORNEY FEES, IN CONJUNCTION WITH ANY CLAIM.

17. ENTIRE AGREEMENT

These terms constitute the entire agreement between the parties. Any agreements made outside of these terms, other than the Privacy Policy incorporated by reference herein, must be reduced to writing and signed by the parties.

18. NO WAIVER

If we do not immediately object to your actions or promptly seek to enforce our rights, that does not mean that we have given up, excused or “waived” any of our rights under the law. We can enforce our rights at a later time. Any waiver of rights must be in writing and signed by us.

19. SEVERABILITY

If any of the provisions of these terms shall be held partially invalid or unenforceable, the remainder of the terms shall still remain valid and enforceable to the fullest extent permitted by law.

20. CHOICE OF LAW

These terms and conditions shall be enforced and governed by the laws of the State of Florida in all respects and without regard to choice of law provisions. You agree that venue will be in Miami, Florida.

If you have questions or comments about this Policy, please contact us at support@TCSofMiami.com with “General Terms and Conditions of Use” in the subject line of your email.