Effective Date:  March 30, 2022

LEGAL NOTICES AND DISCLAIMERS

and

Website Terms of Use

www.ariareserve.com

YOUR USE OF THIS WEBSITE (the “Site”) CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW.  These Website Terms of Use (“Terms of Use”) describe the terms pursuant to which South Park Tower LLC, the developer of Aria Reserve South, and North Park Tower LLC, the developer of Aria Reserve North, and/or an affiliated entity (referred to respectively in these Terms of Use as the “Company,” the “Developer,” “we,” “us” and “our”) provides the website located at www.ariareserve.com (the “Site”).  We prepared these Terms of Use to help explain the terms that apply to your use of the Site.  We may modify the Terms of Use as well as discontinue, withdraw, replace or change any content or services offered via the Site at any time and your continued access and use of the Site thereafter constitutes your acceptance of such changes.  You may view the most up-to-date version of the Terms of Use at any time at https://www.ariareserve.com.  These Terms of Use incorporate our Privacy Policy which explains and provides information regarding our data usage policies.

 

By using this Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

 

NOTICES AND DISCLAIMERS

 

ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER.  FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.

 

The Aria Reserve Miami condominium project (the “project”) is owned, and is being developed, offered and sold by the Developer and not by Melo Development Inc. d/b/a Melo Group or any of its other affiliates (collectively, “Melo Group”).  Melo Group is not responsible for any of the content on this Site.

 

Melo Group has granted to Developer a limited right to use certain intellectual property, including, the ARIA RESERVE mark (the “Licensed Mark”) in connection with the Developer’s offering and sale of the residential units at the project, and it is intended that Melo Group will grant to the condominium association (“Association”) a limited right to use the Licensed Mark in connection with the residential units (collectively, the “License Agreements”).  If any of the License Agreements terminate for any reason (or if the License Agreement proposed with the Association is not entered into for any reason), all use of the Licensed Mark in connection with the project will terminate.  There are no guarantees or assurances that the License Agreements will remain in effect for any particular period of time, and therefore the are no guarantees or assurances that the Licensed Mark will continue to be associated with the project.  Melo Group will not manage the project or the condominium and it is intended that the Developer will engage a management company for same. 

 

Any and all statements, disclosures and/or representations shall be deemed made by Developer and not by Melo Group and you agree to look solely to the Developer (and not to Melo Group) with respect to any and all matters relating to the marketing and/or development of the condominium and with respect to the sales of units in the condominium.  

 

Melo Group has no responsibility or liability to any party regarding the offering, sale, development, construction or management of the project.  Melo Group has not confirmed the accuracy of any marketing, offering or sales materials, prospectus, offering circulars or other similar documents provided or used by the Developer.  Melo Group is not an agent for the Developer and is not acting as broker, finder or agent in connection with the offer or sale of the units at the project.  Purchasers shall have no right to use or interest in the Licensed Marks.  Purchasers will be required to acknowledge that their decision to enter into a purchase agreement for purchase of a unit at the project was not based on the continued relationship, existence or availability of the Licensed Marks or Melo Group, in connection with the project or the condominium.  

 

You waive and release Melo Group from and against any liability with respect to or in any way relating to: (I) any representations or defects or any claim whatsoever, relating to the marketing, offering, sale, design, construction or management of the project or any unit therein, or the condominium, (II) the termination of the License Agreements for any reason, and (III) termination and cessation at or in relation to the project or the condominium of use of the Licensed Marks.  Nothing herein shall limit or impair the rights of a purchaser against the Developer under Florida Statutes, Section 718.506.

 

The project materials and content provided via the Site are provided by the Developer as a service to its customers and may be used for informational purposes only.  This Site is meant to be used as an overview of the project being developed by the Developer and in no way whatsoever should the information contained in this Site be relied on for financial, tax, accounting, investment, business or legal advice.  All items are subject to modification, change and/or being withdrawn at any time in the sole discretion of the Developer without notice.  

 

Nothing on this Site is intended as an offer to sell, or solicitation of offers to buy, condominium units in any jurisdiction where such offer or solicitation cannot be made or are otherwise prohibited by law, and your eligibility to purchase will depend on your state of residency.  Such an offering shall only be made pursuant to the offering documents for the condominium and no statements should be relied upon unless made in the offering documents or in the applicable purchase agreement. In no event shall any solicitation, offer or sale of a unit in the condominium be made in, or to residents of, any state or country in which such activity would be unlawful.  This is not an offer to sell nor a solicitation to purchase a condominium unit directed to any person where such an offer or solicitation is prohibited by law unless the condominium is registered if required or exempt.  No real estate broker or salesperson is authorized to make any representations or other statements regarding this project, and no agreements with, deposits paid to or other arrangements made with any real estate broker are or shall be binding on the Developer.  

 

All prices are subject to change at any time and without notice, and do not include optional features or premiums for upgraded units.  From time to time, price changes may have occurred that are not yet reflected on this Site.  Please check with the sales center for most current pricing.

  

All plans, features and amenities depicted herein are based upon preliminary development plans and are subject to change without notice in the manner provided in the offering documents.  No guarantees or representations whatsoever are made that any plans, features, amenities or facilities will be provided or, if provided, will be of the same type, size, location or nature as depicted or described herein.  The sketches, renderings, graphic materials, plans, specifications, terms, conditions and statements contained in this Site are proposed only, and we reserve the right to modify, revise or withdraw any or all of same in our sole discretion and without prior notice.  All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for same.  Any drawings and depictions in this Site are conceptual only and are for the convenience of reference.  They should not be relied upon as representations, express or implied, of the final detail of the project. The Developer expressly reserves the right to make modifications, revisions, and changes it deems desirable in its sole and absolute discretion.  All depictions of appliances, counters, soffits, floor coverings and other matters of detail, including, without limitation, items of finish and decoration, are conceptual only and are not necessarily included in each unit. All such materials are not to scale and are shown solely for illustrative purposes.  

 

The photographs contained in this Site may be stock photography or have been taken off-site and are used to depict the spirit of the lifestyles to be achieved rather than any that may exist or that may be proposed, and are merely intended as illustrations of the activities and concepts depicted therein.  Consult your agreement and the offering documents for the items included with the units.  Dimensions, ceiling heights and square footage are approximate and may vary with actual construction. Images and renderings are not to scale and are shown solely for illustrative purposes.  Renderings depict proposed views, which are not identical from each unit.  Any view from any unit of from other portions of the property may in the future be limited or eliminated by future development or forces of nature and the Developer in no manner guarantees the continuing existence of any view.  

 

Interior photos shown may depict options and upgrades and are not representative of standard features and may not be available for all model types. All fixtures, furniture and items of finish and decoration of units described herein are for display only and may not to be included with the unit, unless expressly provided in the purchase agreement.

 

Because wood is a natural product, every piece has a unique color and appearance, and every installed floor will have its own distinctive visual character. Photographs, samples and website images can offer an impression of the product, but they may not be representative of the full range of color, knots, texture and grain variations which can exist in the product itself as installed.  Wood is subject to weathering and fading and as such the coloration may vary over time.  Additionally, all wood flooring will acclimate to the temperature and humidity in the Unit and seasonal movement in a wood floor is to be expected, as wood is a product of nature and will expand and contract with changes in humidity and temperature. Gaps often appear between boards during colder periods and tighten in warmer temperatures.  Minimizing heat and humidity fluctuations is required to preserve the condition of the wood.  Even under ideal conditions, wood is subject to warping, bowing and cupping. 

Ceiling heights are measured from top of slab to top of slab.  As a result, actual clearance between the top of the finished floor coverings and the underside of the finished ceiling, drop ceiling or soffits will be less.  All ceiling heights are approximate and subject to change.

Any and all references to and/or renderings of other proposed projects or nearby facilities depicted are proposed only, are not constructed, and are not being developed by the Developer.  As such, the Developer has no control over those projects or facilities and there is no guarantee that they will be developed, or if so, when and what they will consist of. The information provided herein regarding other proposed projects or facilities depicted was obtained from newspaper articles and other public information and Developer makes no representations as to same.

 

Restaurants and other business establishments and/or any operators of same referenced on the Site are subject to change at any time, and no representations regarding restaurants, businesses and/or operators within the project may be relied upon.  Restaurants, and/or other business establishments, are anticipated to be operated from the commercial components of the project which will be offered for sale to third parties. Except as may be otherwise provided in the offering materials, the use of the commercial spaces will be in discretion of the purchasers of those spaces and there is no assurance that they will be used for the purposes, and/or with the operators, named herein.  

 

The project graphics, renderings and text provided herein are copyrighted works owned by or licensed to the Developer or an affiliate thereof. © 2022 South Park Tower LLC, © 2022 North Park Tower LLC or © 2022 Melo Group, or their affiliates. All rights reserved. Unauthorized reproduction, display or other dissemination of such materials is strictly prohibited and constitutes copyright infringement. Please refer to the Developer’s official project brochures and materials and the documents furnished by the Developer pursuant to state law for information regarding the project. The mark ARIA RESERVE is a service mark of Melo Group.  This Site may contain or reference trademarks, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of the Developer and/or other parties.  No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of the Developer and/or other parties is granted to or conferred upon you.  Nothing contained on this Site or in these Terms of Use serves to grant to you, by implication or otherwise, any license or right to use any trademarks displayed on this Site without the prior written permission of the Company or its third party licensors, or such other third parties that may own the displayed trademarks.  All rights not expressly granted herein are reserved.  No interest or right to use the project name or trademarks is acquired by purchasing any unit or interest in the project.

 

With respect to any and all communications sent or otherwise made to the Developer, including, without limitation, feedback, questions, comments and suggestions (“Communications”), unless otherwise required by applicable law: (a) no right of confidentiality shall apply to Communications and the neither the Company nor the Developer or any of their affiliates shall have any obligation to protect Communications from disclosure; (b) the Developer and its affiliates shall be free to reproduce, use, disclose and distribute Communications to others; and (c) the Developer and its affiliates shall be free to use any ideas, concepts, know-how or techniques contained in Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information, without any obligation to provide compensation of any kind or any other obligation. Please use e-mail only to send us non-confidential messages. Do not include confidential personal or private information. For your protection, our responses will not include any confidential information. Please do not use e-mail to send us transaction instructions. Customers who choose to send e-mail messages to the Developer or its affiliates, that contain confidential, private or personal information so do entirely at their own risk.

 

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.

 

THE INFORMATION AND MATERIALS CONTAINED IN THE SITE ABOUT THE DEVELOPER’S OR ITS AFFILIATES’ PROPERTIES AND COMMUNITIES, AND ALL PHOTOS, RENDERINGS, PLANS, PRICES, LAND USES, IMPROVEMENTS, AMENITIES, DIMENSIONS, SPECIFICATIONS, MATERIALS AND AVAILABILITY DEPICTED IN THE SITE OF ANY OF THE DEVELOPER’S OR ITS AFFILIATES’ 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.

 

THE SITE MAY CONTAIN INFORMATION AND PRESS RELEASES ABOUT AND BY THE DEVELOPER. ALTHOUGH THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED BY THE DEVELOPER, THE DEVELOPER 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 THE DEVELOPER OR ITS AFFILIATES AND SHOULD NOT BE VIEWED AS SUCH.

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims related to the Site 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. 

NOTHING CONTAINED IN THIS WEBSITE 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, SOUTH PARK TOWER LLC, THE DEVELOPER OF ARIA RESERVE SOUTH, AND NORTH PARK TOWER LLC, THE DEVELOPER OF ARIA RESERVE NORTH (EACH, “SPONSOR” OR “DEVELOPER”), SPONSOR HEREBY DISCLOSES THE FOLLOWING: (A) NEITHER SPONSOR, 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, SPONSOR OR ANYONE ACTING WITH SPONSOR’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.

 

Additional Terms

1. Updates to these Terms of Use.  We may modify these Terms of Use from time to time.  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 Use take effect.  If you continue using the Site after the new terms take effect, you will be bound by the modified Terms of Use.  
2. Privacy Policy.  In connection with your use of the Site, please review our Privacy Policy, located at Privacy Policy, to understand how we use information we collect from you when you access, visit or use the Site.   The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.  
3. Your Use of the Site.  The Site offers information regarding the Aria Reserve Miami project.  You may also register as a user to receive information and promotional content from us via the Site.  We may remove, modify or otherwise discontinue providing any content on the Site at any time with or without cause and with or without notice, without any liability.  Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without our prior written consent.  As a condition of your use of the Site, you represent, warrant and covenant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  By way of example, and not as a limitation, you agree that when using the Site and when submitting any information or content to the Site, you will not:

∙ Use a robot, spider or other automated device, process or means to access or use the Site, or defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

∙ Submit any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

∙ Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third party systems.

∙ Send false or misleading information.

• Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.
• Restrict or inhibit any other user from using and enjoying the Site.
• Scrape or otherwise copy any images or other content on the Site or harvest or otherwise collect information about others, including contact information such as e-mail addresses, for the purpose of building “contact” or “lead” lists.
• Violate any applicable laws or regulations.

We shall have no obligation to monitor the usage of the Site. However, we reserve the right to review any communications or submissions directed to the Site and to remove any of same in our sole discretion.  We reserve the right to terminate your access to the Site at any time without notice for any reason whatsoever.  We further reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Materials presented on the Site are subject to limitations on usage, reproduction and/or dissemination.  You are responsible for adhering to such limitations.  You may not use the Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes.  The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited.  “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited.  You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site.  Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited.  You acknowledge and agree that the Site may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and we shall have no liability with respect thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. 

4. Our Intellectual Property Rights.  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 Use and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; and (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.
   B. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, 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 USE, OR OF ANY APPLICABLE LAW OR REGULATION.
6. Third Party Sites.  The Site may contain links to other third party websites (“Linked Sites”) or frames of other third party website screens (“Framed Sites”) which may offer third party products and services.  The Linked Sites and Framed Sites and the products and services offered or provided at such sites are subject to their own separate terms and conditions of use and are not under our control and we is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site or any such products and services.  We are not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site, or with respect to any information you provide to any such Linked Site or Framed Site.  Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or Framed Site or any association with or its operators. 
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 info@ariareserve.com 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 Use (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”) using a single arbitrator selected by our mutual agreement with you, or if we are unable to agree on a single arbitrator, by a panel of three arbitrators with each party selecting one arbitrator and the two arbitrators selecting the third arbitrator.  The arbitration shall be conducted in accordance with the provisions of the AAA’s Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions.  The arbitrator(s), 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 Use, including, but not limited to, any claim that all or any part of these Terms of Use 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 AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879.  You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial.  You 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. You agree to keep any such arbitration and matters related thereto confidential.

C. Class Action and Class Arbitration Waiver.  You further agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your 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 – Claims by Us Seeking Injunctive or other Equitable Relief. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, we may seek injunctive relief, specific performance and other equitable relief against you to enforce these Terms of Use in the state or federal courts located in Miami-Dade County, Florida as provided in Section 7(F) below.

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:  South Park Tower LLC, the developer of Aria Reserve South, and North Park Tower LLC, 425 N.E. 22 Street, Suite 301, Miami, Florida 33137 or by email to info@ariareserve.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-Dade County, Florida.  You expressly consent to exclusive jurisdiction in Miami-Dade County, Florida for any litigation.  

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 Use 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 THESE MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. 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 OUR AFFILIATES ASSUME ANY 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, (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. Limited Liability.  IN NO EVENT SHALL THE DEVELOPER, MELO GROUP OR ANY OF THEIR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, 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. 

C. 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) OR 8(C) MAY NOT APPLY TO YOU. 

9. Indemnity.  You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or any Materials in violation of these Terms of Use or applicable law. 

10. Information Provided To The Site.  By registering, posting, uploading, inputting or otherwise submitting your contact information or other information to the Site, you grant to us and our contractors and their respective affiliated companies permission to use such information in connection with the operation of the Site and marketing of products or services, contacting you and sending you emails and other communications, including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat such information as part of marketing to you based on your expression of interest and request to be contacted.  No compensation will be paid with respect to the use of such information.  Said permission is transferable by us to an acquirer in connection with a business or asset sale.  We are under no obligation to post or use any information you may provide and may remove any such information at any time in our sole discretion.  By posting, uploading, inputting, providing or submitting such information, you represent and warrant that you are of legal contracting age, that you own or otherwise control all of the rights to such information as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such information and that such information does not infringe or otherwise violate any third party intellectual property or other right.  We do not control or endorse the content, messages or information found in any communication sent by you to the Site or to you from any third party and, therefore, we specifically disclaim any liability with regard to such communications and any actions resulting from your participation in any such communication.  When you visit this Site or send e-mails to us, you are communicating with us electronically, and by doing so, you consent to receive communications from us electronically.  We may communicate with you by email, phone, texting or by other means and you consent to same. You may provide notice to us requesting that we not contact you or not contact you via specified methods. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may also disclose your personally identifiable information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law.  You agree that we have the right to disclose and transfer your personally identifiable Information to our successors-in-interest or in connection with a merger or acquisition transaction or change of control and/or otherwise in accordance with and subject to our Privacy Policy.

11. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of the applicable right or provision. 

12. Severability. These Terms of Use operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 

13. Assignment. We may assign our rights under these Terms of Use without your approval. You may not assign any rights hereunder. 

14. No Modifications by Our Employees.  If any of our employees offers to modify the terms of these Terms of Use, he or she is not acting as an agent for us or speaking on our behalf.  You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

15. Reporting Violations; Enforcement.  Any party seeking to report any violations of these Terms of Use may contact us via e-mail: info@ariareserve.com.  When we become aware of an alleged violation of these Terms of Use, we may initiate an investigation.  Depending on the severity of the violation, we may, at our sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement agency of such violation.

16. Notices And Procedure For Making Claims Of Copyright Infringement.  Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. 

THE FOLLOWING PROCEDURES APPLY ONLY FOR NOTIFICATIONS TO US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY ANY CONTENT CONTAINED IN THIS WEBSITE.  ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

WHAT YOU MUST DO:

Written notification must be submitted to the following Designated Agent:

Service Provider: South Park Tower LLC, North Park Tower LLC -www.ariareserve.com
Name of Agent Designated to Receive Notification of Claimed Infringement: Marketing Department

Full Address of Designated Agent to Which Notification Should be Sent: South Park Tower LLC, North Park Tower LLC,  425 N.E. 22 Street, Suite 301, Miami, Florida 33137 Attn: Marketing Department

Telephone Number of Designated Agent: + 1(305) 800 8888

Facsimile Number of Designated Agent: Marketing Department

Email Address of Designated Agent: marketing@ariareserve.com

WHAT YOUR NOTIFICATION MUST INCLUDE:

To be effective, the notification must include the following:

1. Your name, physical address, telephone number, facsimile number, e-mail address and name of contact person;
2. Identification of the copyrighted work(s) claimed to have been infringed;
3. 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 us to locate the material;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or under applicable law; 
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

WHAT WE WILL DO UPON RECEIPT OF PROPER WRITTEN NOTIFICATION:

Upon receipt of the written notification containing the information as outlined above:

1. We shall remove or disable access to the material that is alleged to be infringing;
2. We shall forward the written notification to such alleged infringer; and
3. We shall take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the material.

HOW THE ALLEGED INFRINGER CAN RESPOND TO US:

The alleged infringer can respond by submitting a written counter notification to our Designated Agent.

WHAT THE COUNTER NOTIFICATION MUST INCLUDE:

To be effective, a counter notification from the alleged infringer must include the following:

1. The alleged infringer’s name, address, and telephone number;
2. A statement the alleged infringer consents to the jurisdiction of federal district court for the judicial district in which we are located and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person;
3. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
4. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material to be removed or disabled; and
5. A physical or electronic signature of the alleged infringer.

WHAT WE WILL DO UPON RECEIPT OF PROPER COUNTER NOTIFICATION:

Upon receipt of a counter notification containing the information as outlined above:

1. We shall promptly provide the complaining party with a copy of the counter notification;
2. We shall inform the complaining party that we will replace the removed material or cease disabling access to it within ten (10) business days; and

We shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided that our Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer form engaging in infringing activity relating to the material on our network or system.

18. SMS Text Messages.  We may provide mobile alerts about events and offers by SMS message (the “Text Service”). By participating in the Text Service, you are agreeing to these Terms of Use and to the Privacy Policy.

Signing Up and Opting-In to the Text Service

Enrollment in the Text Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old or otherwise of legal age of majority under the laws of your jurisdiction.  Before the Text Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Text Service and your agreement to these Terms of Use.  We reserve the right to stop offering the Text Service at any time with or without notice.

By opting into the Text Service, you authorize us to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).  You acknowledge that you do not have to agree to receive messages as a condition of purchase.  You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.  You consent to the use of an electronic record to document your opt-in.  To request a free paper or email copy of the opt-in or to update our records with your contact information, please call + 1(305) 800 8888.  To view and retain an electronic copy of these Terms of Use or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device.  For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Once you affirm your choice to opt in to the Text Service, your message frequency may vary. You may receive an alert when you are welcomed into the Text Service or there are general marketing or promotions.  Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Text Service.  The Text Service may not be available on all wireless carriers.  We may add or remove any wireless carrier from the Text Service at any time without notice.  We and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Text Service

To stop receiving text messages from us, text the word STOP to + 1(305) 800 8888 any time or reply STOP to any of the text messages you have received from us.  For Text Services operated through a different number, text STOP to that number to opt out.  Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one).  To complete your opt-out, please provide the requested clarification.  You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that we and our service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs.  These Terms of Use still will apply if you withdraw the consent mentioned above or opt out of the Text Service.

Questions:  You can contact us at + 1(305) 800 8888 with any questions you have regarding the Text Service.

Mobile Phone Number Change:  In the event that you change or deactivate your mobile phone number, you agree to notify us by emailing info@ariareserve.com or calling + 1(305) 800 8888

19. Questions; Accessibility.  Should you have any questions regarding the Site, or if you desire to contact us for any reason, please contact us at info@ariareserve.com / + 1(305) 800 8888, attention: Customer Service.  We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please call us at + 1(305) 800 8888 or email our team at info@ariareserve.com, and we will be happy to assist you.

20. Entire Agreement.  Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and us with respect to the Site and the information provided via the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

PRIVACY POLICY

Effective Date:  March 30, 2022

Last Updated: March 30, 2022

South Park Tower LLC, the developer of Aria Reserve South, and North Park Tower LLC, the developer of Aria Reserve North, (hereinafter “we,” “our,” or “us”) are committed to safeguarding and handling your Personal Information in a responsible and secure manner. 

This Privacy Policy (“Privacy Policy”) describes how we process your Personal Information as you use our website located at www.ariareserve.com (the “Site”).  Please read our Site Terms of Use before submitting any information to us via the Site.  If you are a resident of California, please also review the terms provided under the heading “Information for California Residents-Your California Privacy Rights” below.

Your Consent to this Privacy Policy.  

By using our website, social media or any other communication methods or submitting information to us, you agree with our privacy practices as described in this Privacy Policy and consent to the collection, storage, sharing, transfer and use of your Personal Information as described herein. If you do not agree with this Privacy Policy please do not submit any information to us. 

How to Revoke Your Consent or Request Information.  

You may revoke your consent on a going forward basis and submit written requests and questions about your rights to us by contacting us at:

info@ariareserve.com

700 NE 24th Street Miami, FL 33137

+ 1(305) 800 8888

We may modify this Policy at any time, without prior notice, and changes may apply to any “Personal Information” (as defined below) we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advance notice if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Policy. If you continue to access or use the Site after receiving the notice of changes, you acknowledge your acceptance of the updated Policy.

In addition, we may provide you with real time disclosures or additional information about the data handling practices of specific parts of the Site.  Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

Section 1 – Information We Collect Through Your Use of the Site

Personal Information is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you’re accessing or using the Site, including: 

A. Information You Provide to Us. In connection with the Site, you may voluntarily provide Personal Information about yourself including your name, phone number, e-mail address and/or physical address or other information you submit to us while using the Site.

B. Usage Information Automatically Collected. When you use the Site, we automatically collect information your usage of the Site as described below.  We have a legitimate interest in understanding how you use and interact with the Site and communicating with you in response to your requests for information.

• • Service Data: We collect information about your interactions with the Site, such as the pages or other content you view, and other actions you perform while using the Site.
  • Log Data: We automatically collect log information when you use the Site. This might include your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, browser type), the web page you’ve viewed or engaged with before or after using the Site, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your information and analysis of use of the Site.
  • Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of the Site. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Site and to improve and optimize the Site. Please refer to the “Cookies and Similar Tracking Technology” section below for more information.

Section 2 – How We Use Your information

Your Personal Information can be used for various purposes, including:

A. To Provide You with Project-Related Communications. If you submit a request via the site to receive information about the Aria Reserve Miami project, we will use your Personal information to send you project-related communications.  You can manage your email preferences and opt out of communications. 

B. To Enforce our Terms, Agreements, or Policies. To maintain a safe, secure, and trusted environment for you when you use the Site, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on the Site. We are required to process your Personal Information for this purpose to provide the Site.

C. For Research and Development.  We may process your Personal Information to improve, optimize, or expand the Site or features of the Site.  We do so by processing information about your use of the Site, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of the Site.  

D. To Comply with Applicable Laws. We may be required to process your Personal Information under certain laws and regulations. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Site Terms of Use and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of our employees and others.

Section 3 – How We Share Your Information 

We may share your Personal Information as follows:

A. Third-Party Service Providers. We may use third parties to perform certain services on our behalf in connection with the Site such as: sending e-mail, removing repetitive information from prospect or customer lists, web site analysis, analyzing data, providing marketing assistance and providing customer service.

B. Opt-in and Opt-out Programs:  Throughout the Site you may be presented with opportunities to receive mailings from third parties or us.  An opt-in/opt-out message may ask you if you would like your Personal Information to be shared. If you do choose to have your Personal Information shared, please be aware that we are not responsible for the privacy practices of these other companies, and you should review the privacy practices of such companies prior to providing your Personal Information. If you would not like your information to be shared to third parties, or if you would like to stop receiving mailings from third parties or us, you may follow the instructions in the opt-out section below.

C. Our Subsidiaries and Affiliates: We may share your information (including, without limitation, Personal Information) with our affiliated companies.

D. Merger, Bankruptcy, or Corporate Reorganization. We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of our company or the Site, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change.

E. Legal Obligations and Safety. We may share your Personal Information if it is reasonably necessary to:

• • Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);
  • Comply with requests or investigations by public authorities;
  • Comply with applicable laws or regulations;
  • Enforce or apply our policies or policies of our business partners;
  • Protect the security or integrity of the Site; or
  • Protect our rights, property, or safety or that of our employees or users, partners and affiliates, or other natural persons.

Section 4 – Your Choices

A. Voluntary Information. You may choose not to provide us with some of your Personal Information.  You are not required to send us any Personal Information.

B. Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us.

Section 5 – Third-Party Services

You may find links to other websites, third party applications, and widgets on the Site that we do not own or control, such as various social media platforms. When you click on links in the Site, they may direct you away from the Site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave the Site or are redirected to a third-party website or application, you are no longer governed by this Policy or the Site’s Terms of Use.

Section 6 – Security

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your Personal Information from unauthorized access, use, or disclosure, we cannot guarantee the security of your Personal Information. In the event that we are required by law to inform you of a breach of security with respect to your Personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law. 

Section 7 – Cookies and Similar Tracking Technology

We use cookies and similar tracking technologies to collect usage information about your use of our website.  Cookies are small files, typically comprised of letters and numbers, that your computer or mobile device saves when you visit certain websites.  When you return to the websites that save cookies on your device—or visit other websites that use the same cookies—the websites recognize such cookies and your browsing device. 

When you use our site, we may assign your computer one or more cookies to facilitate access to our site and to personalize your online experience. Through the use of cookies, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site.  Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies.  If you choose to decline cookies please note that you may not be able to sign in or use some of the interactive features offered on our Services.  Cookies can be either session cookies or persistent cookies. 

• A session Cookie expires when you close your browser and is used to make it easier for you to navigate our Services.
• A persistent Cookie remains on your hard drive for an extended period of time.  

For example, when you sign in to our website, we will record your user or member ID, which is your email address, and the name on your user or member account in the cookie file on your computer. We store your unique member ID in a cookie for automatic sign-in. This cookie is removed when you sign-out. For security purposes, we will encrypt the unique member ID and any other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier.

We use the following types of cookies on our website:

• Strictly Necessary Cookies. These cookies enable you to move around and use our website. This category of cookies is essential for our website to work and they cannot be disabled.
• Performance or Analytics Cookies. These cookies collect usage information about how you use our website. For example, the cookies will collect information about the pages you view or click on while using our website or if you get an error message from certain pages. We use the information collected by such cookies to improve and optimize our website. You can disable these cookies.  Generally, we may use first-party and third-party cookies for the following purposes:
  – To make our website function properly;
      – To provide a secure browsing experience during your use of our website;
  – To collect usage information about your use of our website to help us improve and optimize our website; and
  – To remember your preferences for your convenience.

• Third Party Service Provider Cookie Use.  We may allow our authorized service providers to serve cookies from our services to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.  You can enable, disable, or delete cookies through the browser you are using to access our website. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies parts of our website may not work properly for you. 

More information may be found for the following browsers here: 

• Google Chrome:  https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en-GB
• Microsoft Edge:  https://support.microsoft.com/en-us/microsoft-edge/view-cookies-in-microsoft-edge-a7d95376-f2cd-8e4a-25dc-1de753474879
• Internet Explorer:  https://support.microsoft.com/en-us/topic/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d
• Mozilla Firefox:  https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer
• Safari (Desktop):  https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac  
• Android Browser: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en  
• Opera:   https://help.opera.com/en/latest/web-preferences/

 

Information regarding management of cookies from third party websites is also available at http://www.allaboutcookies.org/. 

 

• Third Party Advertiser Cookie Use.  We may allow third-parties, advertising companies and ad networks, to display advertisements on our site.  These companies may use cookies to collect information about users who view or interact with their advertisements.  These cookies collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they deliver, and possibly associate this information with your subsequent visits to the advertised websites.  They also may combine this information with Personal Information they collect from you from other sources.  The collection and use of that information is subject to the third-party’s privacy policy.  This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).   

We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon.  The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.  Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies.  Unlike cookies, which are stored on the user’s computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.  Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns.  We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.

Section 8 – Children’s Privacy

By using this Site, you represent that you are at least the eighteen (18) years old. The Site is not intended for persons under 18 years of age. No one under age 18 may provide any Personal Information to or on the Site. We do not knowingly collect Personal Information from anyone under 18. If you are under 18, do not use or provide any information on the Site or through any of its features, register on the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from someone under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us using the information provided in the “Questions & Contact Information” section below.

Section 9–Governing Law and Jurisdiction

All matters relating to this Site and Policy and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).  This Site is operated from the United States.  By using this Site from outside the United States you consent to have any Personal Information you provide through this Site transferred to and processed in the United States, and allow us to use and collect your Personal Information in accordance with this Policy.  Text on this Site may be published in languages other than English, in which event the English language version of any text, including this Policy shall control.  

Section 10 – Retention

We generally retain your Personal Information as long as necessary to fulfill the purposes of collection or to comply with applicable law. Otherwise we will try to delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected. 

Section 11–Access To Your Personal Information

You may request access to your Personal Information by contacting us at the address provided in the “Questions & Contact Information” section below. If required by law, upon request, we will grant you reasonable access to the Personal Information that we have about you.

Section 12–Changes To Your Personal Information

We rely on you to update and correct your Personal Information.  If the Site does not permit you to update or correct Personal Information, you should contact us at the address provided in the “Questions & Contact Information” section below in order to request that your Personal Information by modified. Note that we may keep historical information in our backup files as permitted by law.  

Section 13–Deletion Of Your Personal Information

You may request information about how long we keep a specific type of information, or request that we delete your Personal Information by contacting us at the address provided in the “Questions & Contact Information” section below.  If required by law we will grant a request to delete Personal Information, but you should note that in many situations we must keep your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.  

Section 14–Objection to Certain Processing; Revocation of Consent

You may object to our use or disclosure of your Personal Information by contacting us at the address provided in the “Questions & Contact Information” section below.  If you revoke your consent for the processing of Personal Information then we may no longer be able to provide you information or other services.  In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address provided in the “Questions & Contact Information” section below.  If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.”

Section 15 – Information for California Residents-Your California Privacy Rights.  

The California Consumer Privacy Act of 2018, as amended, has specific disclosure requirements that are applicable to California residents. In the event of a conflict between the terms provided below and any of our other Privacy Policy terms, the terms provided below shall control only with respect to the Personal Information of California residents.

Under California law, “Personal Information” means information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household, and may include:

(A) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.

(B) Any categories of Personal Information described in subdivision (e) of Section 1798.80.

(C) Characteristics of protected classifications under California or federal law.

(D) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

(E) Biometric information.

(F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.

(G) Geolocation data.

(H) Audio, electronic, visual, thermal, olfactory, or similar information.

(I) Professional or employment-related information.

(J) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).

(K) Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

“Personal information” does not include publicly available information. For purposes of this paragraph, “publicly available” means information that is lawfully made available from federal, state, or local government records. “Publicly available” does not mean biometric information collected by a business about a consumer without the consumer’s knowledge.  “Personal information” also does not include consumer information that is deidentified or aggregate consumer information.

California law indicates that organizations should disclose whether certain categories of information are collected, “sold” or transferred for an organization’s “business purpose”(as those terms are defined under California law).  You can find a list of the categories of information that we collect and share below. Please note that because this list is comprehensive it may refer to types of information that we share about people other than yourself. If you would like more information concerning the categories of Personal Information (if any) we share with third parties or affiliates for those parties to use for direct marketing please submit a written request to us using the information in the “Our Contact Information” section below.  We do not discriminate against California residents who exercise any of their rights described in this Privacy Policy. 

California Information Sharing Disclosure

California Civil Code Sections 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether the following categories of Personal Information are collected, transferred for “valuable consideration,” or transferred for an organization’s “business purpose” (as those terms are defined under California law).  

We do not “sell” your Personal Information. We may share your Personal Information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract. 

The table below indicates the categories of Personal Information we may collect and transfer in a variety of contexts.  Please note that because this list is comprehensive, it may refer to types of information that we collect and share about people other than yourself.

Category	Examples	Collected	To Whom We Disclose Personal Information for a Business Purpose
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES	Affiliates Data analytics providers Internet service providers Operating systems and platforms Other Service Providers Financial institutions
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.	YES	Affiliates Other Service Providers Financial Institutions
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES	Affiliates Other Service Providers
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES	Affiliates Data analytics providers Other Service Providers Financial institutions
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES	Affiliates Other Service Providers Internet Service Providers
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	YES	Affiliates Other Service Providers
I. Professional or employment-related information.	Current or past job history or performance evaluations.	YES	Affiliates Other Service Providers
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	YES	Affiliates Other Service Providers
K. Inferences drawn from other Personal Information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

 

We obtain the categories of Personal Information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete on our website.
• Indirectly from you. For example, from observing your actions on our website.

 

Personal Information collected may include sensitive Personal Information such as social security number, driver’s license, state ID card or passport number, or financial account, debit card, credit card or other account information or credentials, geolocation information, racial or ethnic origin, union membership, contents of mail, email or text messages, genetic data, biometric information, which would only be shared with a third party for a business purpose, such as if/to the extent necessary to provide our staffing services to you and our clients or as required by law.

 

Right to Know and Data Portability.

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information (the “right to know”). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know, Delete or Correct”), we will disclose to you:

The categories of Personal Information we collected about you.

The categories of sources for the Personal Information we collected about you.

Our business or commercial purpose for collecting or selling that Personal Information.

The categories of third parties with whom we share that Personal Information.

If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:

sales, identifying the Personal Information categories that each category of recipient purchased; and

disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

The specific pieces of Personal Information we collected about you (also called a data portability request).

Right to Delete.

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know, Delete or Correct”), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

Debug products to identify and repair errors that impair existing intended functionality.

Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

Comply with a legal obligation.

Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to Correct.

You can request correction of your Personal Information if it is inaccurate.  We will use commercially reasonable efforts to correct such information if we receive a verifiable request from you in accordance with the procedures provided below.

Exercising Your Rights to Know, Delete or Correct.

To exercise your rights to know, delete or correct described above, please submit a request by either:

Emailing us at: info@ariareserve.com

Writing to us by regular mail at: 700 NE 24th Street Miami, FL 33137

Calling us at: + 1(305) 800 8888

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your Personal Information. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in the request to verify the requestor’s identity or authority to make it.

Note that, as required by law, we will require you to prove your identity.  We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, the last item you purchased from us, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf.  We will require verification that you provided the authorized agent permission to make a request on your behalf.  You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.  If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following information to the request:

1. A completed Authorized Agent Designation Form indicating that you have authorization to act on the consumer’s behalf.
2. If you are a business, proof that you are registered with the Secretary of State to conduct business in California.

If we do not receive both pieces of information, the request will be denied.

For instructions on exercising your sale opt-out or opt-in rights, see “Personal Information Sales Opt-Out and Opt-In Rights” below.

Response Timing and Format.

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the ten (10) day timeframe, please contact us using one of the contact methods noted in the “Our Contact Information” below.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another forty-five (45) days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12) month period preceding our receipt of your request unless otherwise required by law. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by email.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales or Sensitive Personal Information Sharing or Use Opt-Out and Opt-In Rights.

You have the right to direct us to not sell or share or use your Personal Information at any time (the “right to opt-out”). We do not sell the Personal Information of any users.  We may share and/or use your Personal Information, including sensitive Personal Information such as social security number, driver’s license, state ID card or passport number, or financial account, debit card, credit card or other account information or credentials, geolocation information, racial or ethnic origin, union membership, contents of mail, email or text messages, genetic data, biometric information for a business purpose related to the purpose for which it was provided to us or as otherwise required by applicable law. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract.  

Non-Discrimination.

We will not discriminate against you for exercising any of your rights. Unless permitted by applicable law, we will not:

Deny you goods or services.

Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

Provide you a different level or quality of goods or services.

Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by California law that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Other California Privacy Rights.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to info@ariareserve.com.

Section 16  – Do Not Track Signals

Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Site and after you leave the Site.

Section 17  – Changes to this Privacy Policy

We reserve the right to modify this Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to this Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.  To the extent that our policy changes in a material way, the Policy that was in place at the time that you submitted Personal Information to us will generally govern that information unless we receive your consent to the new Policy.  Our Policy includes an “effective” and “last updated” date.  The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.

Section 18 –Cross-Border Transfer

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Site you consent to the transfer of your Personal Information to countries outside of your country of residence, including the United States, which may have different data protection rules than those in your country. As a result your Personal Information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country.  Nonetheless, where possible we take steps to treat Personal Information using the same privacy principles that apply pursuant to the law of the country in which we first received your Personal Information.  By submitting your Personal Information to us you agree to the transfer, storage and processing of your Personal Information in a country other than your country of residence including, but not necessarily limited to, the United States.  If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information provided in the “Questions & Contact Information” section below.

Section 19–Sensitive Information

Do not send us, and do not disclose, any sensitive information (e.g., social security numbers, credit card or other payment card information, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership), or other information you consider to be confidential, on or through the Site or otherwise to us.

Section 20–Opt-Out  

 

If you would like to opt-out and/or limit our sharing of your Personal Information, you can contact us by email, phone or regular mail using the information provided below under “Our Contact Information.”  You can opt out of our sharing of your Personal Information disclosed to third parties including affiliates and nonaffiliates for such third parties’ marketing use.  Please understand if you opt out of receiving promotional correspondence from us or our affiliates or third parties, you may not be able to use some or all of our services, and we may still contact you in connection with your account with us and your use of our services.  

Section 21–Questions & Contact Information

If you would like to access, correct, amend or delete any Personal Information we have about you, register a complaint, or simply want more information contact us at info@ariareserve.com or by phone at + 1(305) 800 8888 or regular mail at South Park Tower LLC, North Park Tower LLC, 425 N.E. 22 Street, Suite 301, Miami, Florida 33137.

 

Last updated:  March 30, 2022