Terms of Use
TERMS OF USE
Effective Date: January 1, 2025
Last Updated: January 1, 2025
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1. ACCEPTANCE OF TERMS
Welcome to One Ten West Development, LLC ("OTW," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website (onetenwdevelopment.com), services, and any related content, features, or functionality (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services.
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after changes are posted constitutes your acceptance of the updated Terms.
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2. ELIGIBILITY
You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that:
• You are at least 18 years old
• You have the legal capacity to enter into these Terms
• You will use our Services in compliance with these Terms and all applicable laws
• All information you provide is accurate, current, and complete
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3. USE OF SERVICES
3.1 Permitted Use
You may use our Services for lawful purposes only, including:
• Learning about our real estate development projects and services
• Requesting information about investment opportunities
• Communicating with us about potential partnerships
• Accessing educational content and resources
• Scheduling consultations or meetings
3.2 Prohibited Use
You agree NOT to:
• Use our Services for any illegal or unauthorized purpose
• Violate any local, state, national, or international law
• Infringe upon the rights of others, including intellectual property rights
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the operation of our Services
• Impersonate any person or entity
• Harvest or collect information about users without their consent
• Use automated systems (bots, scrapers) to access our Services without permission
• Post or transmit spam, unsolicited advertising, or promotional materials
• Engage in fraudulent activity or misrepresent your identity or affiliations
3.3 Account Security
If you create an account with us, you are responsible for:
• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
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4. INVESTMENT OPPORTUNITIES AND DISCLAIMERS
4.1 No Offer to Sell Securities
IMPORTANT: Nothing on this website or in our communications constitutes an offer to sell or a solicitation of an offer to buy any security or investment. This website is for informational purposes only.
Investment opportunities are presented on a case-by-case basis to qualified investors through private communications and formal offering documents only.
4.2 Not Investment Advice
Information on our website and in our communications does not constitute investment, legal, tax, or financial advice. You should consult with your own advisors before making any investment decisions.
4.3 Accredited Investor Requirements
Certain investment opportunities may be limited to "accredited investors" as defined under federal securities laws (Regulation D, Rule 501 of the Securities Act of 1933). We may require verification of accredited investor status before discussing specific opportunities.
4.4 No Guarantee of Returns
All real estate investments involve risk, including the potential loss of principal. Past performance does not guarantee future results. Projected returns, if mentioned, are estimates only and actual results may differ materially.
4.5 Forward-Looking Statements
Our website and communications may contain forward-looking statements about future projects, market conditions, or anticipated results. These statements are subject to risks and uncertainties and should not be relied upon as guarantees.
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5. INTELLECTUAL PROPERTY RIGHTS
5.1 Ownership
All content on our website and in our Services, including but not limited to text, graphics, logos, images, videos, software, and design elements (collectively, "Content"), is the property of OTW or its licensors and is protected by copyright, trademark, and other intellectual property laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms.
You may not:
• Reproduce, distribute, modify, or create derivative works of our Content
• Use our Content for commercial purposes without written permission
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks, logos, or brand elements without permission
• Frame or mirror any portion of our Services
5.3 User-Generated Content
If you submit content to us (e.g., through contact forms, comments, or communications), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, and distribute that content in connection with our Services.
You represent and warrant that:
• You own or have the right to submit the content
• The content does not violate any third-party rights
• The content is accurate and not misleading
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6. COMMUNICATIONS AND CONSENT
6.1 Electronic Communications
By using our Services, you consent to receive electronic communications from us, including:
• Emails about your inquiries, appointments, or transactions
• Marketing and promotional emails (with your consent)
• Text messages/SMS (with your consent)
• System notifications and updates
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.
6.2 Text Message (SMS/A2P) Terms
By providing your mobile phone number and opting in, you expressly consent to receive text messages from us, including automated messages (A2P messaging), regarding:
• Appointment reminders and confirmations
• Project updates and opportunities
• Marketing and promotional messages
• Responses to your inquiries
Message Frequency: Varies; up to 10 messages per month, though may be higher during active campaigns.
Message and Data Rates: Standard message and data rates may apply based on your carrier's plan.
Opt-Out: Reply "STOP" to any message to unsubscribe. You will receive one final confirmation message.
Help: Reply "HELP" for assistance or contact [email protected].
Supported Carriers: All major U.S. carriers are supported.
For full details, see our Privacy Policy, Section 4 (Text Message Communications).
6.3 Opt-Out of Marketing Communications
You may opt out of marketing communications at any time by:
• Clicking "unsubscribe" in any email
• Replying "STOP" to any text message
• Contacting us at [email protected]
Note: Opting out of marketing communications does not opt you out of transactional communications related to your inquiries, appointments, or business relationships.
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7. THIRD-PARTY LINKS AND SERVICES
Our Services may contain links to third-party websites, services, or applications that are not owned or controlled by us. We are not responsible for:
• The content, privacy policies, or practices of third-party sites
• Any damages or losses caused by third-party services
• The accuracy or reliability of third-party information
Your use of third-party services is at your own risk and subject to their terms and conditions.
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8. DISCLAIMERS
8.1 "AS IS" Basis
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content
8.2 No Warranty of Availability
We do not warrant that:
• Our Services will be uninterrupted, timely, secure, or error-free
• Results obtained from use of our Services will be accurate or reliable
• Any errors in our Services will be corrected
• Our Services will meet your requirements
8.3 Investment Risk Disclaimer
Real estate development and investment involve substantial risk. You may lose some or all of your investment. You should carefully consider:
• Market conditions and economic factors
• Project-specific risks and challenges
• Your own financial situation and risk tolerance
• Professional advice from qualified advisors
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9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, OTW AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY:
9.1 Direct Damages
• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services
9.2 Indirect Damages
• Indirect, incidental, consequential, special, or punitive damages
• Damages arising from your use of or inability to use our Services
• Damages arising from third-party conduct or content
• Damages arising from investment losses or decisions
9.3 Cap on Liability
IN NO EVENT SHALL OTW'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF:
(a) $100, or
(b) The amount you paid to OTW in the 12 months preceding the claim
9.4 Exceptions
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
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10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OTW and its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:
• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations
• Any content you submit or transmit through our Services
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11. DISPUTE RESOLUTION
11.1 Informal Resolution
Before filing a formal claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will work in good faith to resolve disputes amicably.
11.2 Governing Law
These Terms and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
11.3 Jurisdiction and Venue
You agree that any legal action or proceeding arising from or related to these Terms or our Services shall be brought exclusively in the state or federal courts located in Orange County, Florida. You consent to the personal jurisdiction of these courts and waive any objection to venue.
11.4 Arbitration (Optional)
The parties may agree to resolve disputes through binding arbitration under the rules of the American Arbitration Association (AAA), with the arbitration taking place in Orlando, Florida. The decision of the arbitrator shall be final and binding.
11.5 Class Action Waiver
You agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
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12. TERMINATION
12.1 Termination by You
You may stop using our Services at any time. To terminate your account (if applicable), contact us at [email protected].
12.2 Termination by Us
We reserve the right to suspend or terminate your access to our Services at any time, with or without notice, for any reason, including:
• Violation of these Terms
• Fraudulent or illegal activity
• Conduct that harms or may harm us or other users
• Extended periods of inactivity
12.3 Effect of Termination
Upon termination:
• Your right to use our Services immediately ceases
• We may delete your account and information (subject to legal retention requirements)
• Provisions of these Terms that by their nature should survive termination shall survive, including ownership, disclaimers, indemnification, and dispute resolution
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13. MISCELLANEOUS
13.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and OTW regarding your use of our Services and supersede all prior agreements and understandings.
13.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
13.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of OTW.
13.4 Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
13.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, government actions, or failures of third-party services.
13.6 Notices
All notices to OTW under these Terms should be sent to:
One Ten West Development, LLC
4373 Hunters Park Lane, Suite B
Orlando, FL 32837
Email: [email protected]
Notices to you may be sent to the email address or phone number you provided.
13.7 Relationship
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and OTW. You have no authority to bind OTW in any way.
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14. CONTACT US
If you have questions about these Terms of Use, please contact us:
One Ten West Development, LLC
4373 Hunters Park Lane, Suite B
Orlando, FL 32837
Email: [email protected]
Phone: (866) 407-9595