Last Updated: 02/07/2023

THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION 9 BELOW.

These Terms of Use (“Terms”) apply to the websites, online platforms, and mobile applications of Silver Bluff Companies and its real estate properties (collectively referred to as “Silver Bluff,” “we,” “us,” or “our”), such as www.silverbluffre.com, any mobile site and applications, and any of the features of the websites (collectively, the “Websites”). Your use of the Websites constitutes your agreement to be bound by these Terms. If you do not wish to be bound by these Terms, you may not access or use the Websites. “You,” “your,” and “User” refers to the individual accessing the Websites.

1. Scope of Terms

The Websites and all content and information provided therein (“Silver Bluff Content”) may be used only under these Terms. User represents and warrants that it possesses the legal right and ability to enter into the Terms and use the Websites in accordance with the Terms.
Silver Bluff reserves the right to modify the Terms at any time, which shall become effective immediately upon posting, without further notice to User. It is your responsibility to review these Terms prior to each use of the Websites, and User’s continued access or use of the Websites after modifications have become effective shall be deemed conclusive acceptance of the modified Terms.
Silver Bluff has the exclusive right to control accessibility, hours of use, features on the Websites, and any other information found on the Websites. Silver Bluff can restrict access to any or all portions of the Websites or remove any information or content from the Websites at any time. Silver Bluff reserves the right, but shall not be obligated, to monitor use of the Websites.
User is solely responsible for providing the equipment related to accessing the Websites, including but not limited to all computer, remote communications equipment, telephone, and other equipment.

2. User Account and Limitations

You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Websites, including, without limitation, information required to be provided through the Websites’ registration or when accessing the Websites’ content. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, Silver Bluff reserves the right to terminate your access and use of the Websites.
Users may not do any of the following while using the Websites: Interfere with another user’s use and enjoyment of the Websites; upload any data, text, software, graphic files, or other materials (“Content”) that is unlawful, harmful, threatening, may be invasive of another’s privacy, or otherwise objectionable; upload Content that contains a virus, corrupted file, or other harmful component; impersonate any person or entity, including but not limited to Silver Bluff personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name; or intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another’s use of the Websites.
If you violate any of the terms of this Section, your permission to use the Websites automatically terminates.

3. Proprietary Rights

Silver Bluff has created the Websites to provide you information. The information and material provided on the Websites is provided as a service to the public and are to be used for informational purposes only. No content from the Websites may be copied, uploaded, posted, transmitted, distributed or reproduced in any way, except that User, subject to any express restrictions relating to specific content, may display, download or print portions of the content solely for User’s own non-commercial use. User agrees not to alter any proprietary notices from content downloaded from the Websites.
You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Websites and the Silver Bluff Content, conditioned on your continued acceptance of, and compliance with the Terms.
Silver Bluff’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Silver Bluff Marks”) are exclusively owned by Silver Bluff and may not be used without the express prior written permission of Silver Bluff.

4. Fair Housing Statement

We will provide housing without discrimination or limitation because of race, color, religion, sex, handicap, familial status, national origin or any other classification protected by federal, state or local law, including age, sexual orientation, gender identity, source of income and other categories. You have the right to expect equal professional service and the opportunity to consider housing options without discriminatory limitations in choice, location, pricing or any other factor. We are pleased to make reasonable accommodations to our rules, practices and procedures and to make reasonable physical modifications for the disabled upon request in accordance with all applicable laws. You will be free from harassment or intimidation for exercising your fair housing rights.

5. Third Party Links and Content

As a convenience to our users, our Websites may include links to other web sites and third party content. Inclusion of any third party link or content does not imply an endorsement or recommendation by Silver Bluff. Any mention on the Websites of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Silver Bluff. Silver Bluff assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the Websites are solely between the User and the third parties, and are subject to any terms, conditions, warranties, or representations associated with those dealings.

6. Notice Regarding Solicitation, Prices, Specifications and Related Information

The content on the Websites does not constitute an offer or solicitation. Silver Bluff is comprised of multiple entities performing a multitude of services, and nothing contained on the Websites shall be construed as suggesting any entity, other than the contractually bound entity, is performing such services.
The information contained on the Websites may contain products, specifications, services, and prices that are not available in your state or local market. This information does not constitute an offer to sell real property, and is not intended as a solicitation of users residing in states where Silver Bluff and its affiliates are not authorized to conduct business. This information is for informational purposes only, and does not constitute a warranty of any product or service provided by Silver Bluff.
No real estate broker is authorized to make any representations or other statements regarding the projects, and no agreements with, deposits paid to or other arrangements made with any real estate broker are or shall be binding on Silver Bluff.

7. Notice Regarding Floorplans, Diagrams, Graphical Depictions and Photographs

Photos of properties are provided for general reference only. Floorplans are general depictions of similar plans. All measurements, dimensions, sizes and wall angles are approximate and vary for each plan type. Stated dimensions and square footages are approximate and should not be used as a representation of the dwelling’s precise or actual size. Actual views may vary. Artists’ renderings are conceptual and all features are subject to change without notice. All amenities are subject to change without notice. These drawings and floor plans are conceptual only. They should not be relied upon as a representation express or implied, of the final detail, features or dimensions of any dwelling. Silver Bluff expressly reserves the right to make any modifications, revisions, and changes it deems desirable in its sole and absolute discretion or as may be required by law or governmental bodies. All features, specifications, plans and decorator items are subject to change without notice. Silver Bluff reserves the right, in its sole discretion, to make modifications to the plans, features, and specifications.
If gate(s) and gatehouse(s) are located in a community, they are not designed or intended to serve as a security system. Silver Bluff makes no representation, express or implied, concerning the operation, use, hours, method of operation, maintenance or any other decisions concerning the gate(s) and gatehouse(s) or the safety and security of a dwelling and a community in which it is located. Any access gate(s) may be left open for extended periods of time for the convenience of Silver Bluff and its subcontractors during construction of the dwelling and other residences in a community. Crime exists in every neighborhood and Silver Bluff is not a provider of security and makes no representations regarding crime or security. If you are concerned about crime or security, please consult a security expert.

8. Disclaimers and Limitation of Liability

Silver Bluff takes reasonable efforts to ensure the information contained on the Websites, including pricing and availability, is accurate. However, Silver Bluff does not warrant the completeness or accuracy of such information, which is subject to change without notice. Silver Bluff cannot accept responsibility or liability for actions taken as a result of the use of the Websites.
USER ACCESSES THE WEBSITES AT HIS OR HER OWN RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING, TRADE OR PERFORMANCE, ARE SPECIFICALLY DISCLAIMED. NEITHER SILVER BLUFF NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THE WEBSITES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PROVISIONS IN THIS SECTION ARE APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF SILVER BLUFF, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF, USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. USER AGREES THAT SILVER BLUFF IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE WEBSITES.

9. Dispute Resolution

Many concerns can be resolved quickly by contacting us. If we are unable to resolve your dispute, then you and we agree to resolve all disputes in arbitration as described below.
YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES IN ARBITRATION MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD, SUBJECT TO THE LIMITS ON ARBITRATOR AUTHORITY SET FORTH BELOW. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. THE SAME DEFENSES ARE ALSO AVAILABLE TO BOTH PARTIES AS WOULD BE AVAILABLE IN COURT INCLUDING ANY APPLICABLE STATUTE OF LIMITATIONS. WE ALSO BOTH AGREE THAT:

a. Any dispute that in any way relates to or arises out of your use of the websites, this agreement (INCLUDING THE VALIDITY, ENFORCEABILITY, OR SCOPE OF ANY PORTION OF THIS AGREEMENT (INCLUDING THE AGREEMENT TO ARBITRATE), FROM ANY SERVICES YOU RECEIVE FROM US, FROM ANY ADVERTISING FOR ANY SERVICES, OR FROM OUR EFFORTS TO COLLECT AMOUNTS YOU MAY OWE US FOR SUCH SERVICES (INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS), WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879.

b. Any arbitration shall occur in the State of Florida, County of Miami-Dade. The arbitration shall be conducted by one arbitrator who is selected pursuant to the rules of the AAA. The award of the arbitrator shall be final and judgment upon the award may be entered in a court of competent jurisdiction in the State of Florida, County of Miami-Dade.

c. No arbitration shall be consolidated or combined with any other arbitration, or proceed on a representative basis or capacity for other parties. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT, EXCEPT WITH SILVER BLUFF’S EXPRESS WRITTEN CONSENT. AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF. Each party will bear their own costs in connection with the arbitration.

d. IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. THE NOTICE MUST INCLUDE ENOUGH INFORMATION TO ALLOW THE OTHER PARTY TO IDENTIFY THE PARTY AND ATTEMPT TO ASSESS AND RESOLVE THE CLAIM, including specific facts, claimed damages, and relief sought. NOTICE TO SILVER BLUFF SHOULD BE SENT TO: info@silverbluffre.com.

e. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, THE COURT MUST BE A COURT OF COMPETENT JURISDICTION IN THE STATE OF FLORIDA, COUNTY OF MIAMI-DADE, AND YOU AND WE AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

f. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 9 by sending notice of your decision by email to info@silverbluffre.com. The notice must be sent within thirty (30) days of commencing use the Websites, otherwise you shall be bound to arbitrate disputes in accordance with the terms of section 9. If you opt-out of this Section 9’s arbitration provisions, we also will not be bound by them.

10. Representations and Warranties; Indemnification

User understands and agrees that he or she is personally responsible for his or her behavior on the Websites.
User represents, warrants and covenants (a) that no User Content of any kind submitted by you to the Websites will (i) violate or infringe the rights of any third party, including, without limitation, privacy or other personal or proprietary rights; or (ii) contain unlawful or harmful material; and (b) that you are at least eighteen years old.
User hereby indemnifies, defends and holds harmless Silver Bluff, and all of its subsidiaries, officers, directors, owners, agents, affiliates, employees, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of your use of the Websites, and/or any breach by you or any user of your account of these Terms or the foregoing representations, warranties and covenants. You shall reasonably and fully cooperate as reasonably requested by Silver Bluff in the defense of any such claim. Silver Bluff reserves the right, at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you.

11. DMCA Notification Process

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Silver Bluff in writing with the following information:

• A full description of the copyrighted work that you claim has been infringed upon;
• A detailed description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
• An electronic signature of the person authorized to act on behalf of the owner of the copyright interest.

The notice should include the following in the RE line: Copyright Infringement Notice and should be sent to one of the following:
3162 Commodore Plaza, Suite 2C, Coconut Grove, FL 33133
info@silverbluffre.com
(305) 902-6476
Please note that this procedure is exclusively for notifying Silver Bluff that your copyrighted material has been infringed.

12. Termination

Silver Bluff may terminate access to the Websites or cancel any service that Silver Bluff provides on the Websites, for any reason in its sole discretion, including without limitation, if User breaches these Terms in any way or engages in conduct that Silver Bluff deems inappropriate.

13. Miscellaneous

These Terms and the policies incorporated by reference herein constitute the entire agreement between Silver Bluff and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Silver Bluff and User dealing with the subject matter hereof is superseded.
Upon User’s breach of the Terms, Silver Bluff may pursue any legal or equitable remedy available, including but not limited to, indirect, direct, incidental, consequential, special, and punitive damages (including but not limited to lost profit damages), as well as injunctive relief. Silver Bluff’ remedies are cumulative and not exclusive. Failure of Silver Bluff to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.
User agrees that, regardless of any statute or law to the contrary, any claim or action arising out of or regarding the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Permission to Contact

When you give us your email address or phone number, you are giving us permission to contact you through the contact information you provide. You represent to us that you are the subscriber of the phone number or email address you provide to us and that we can contact you. You may change your preferences at any time by emailing us at info@silverbluffre.com.

15. Privacy

Silver Bluff respects your privacy and is committed to handling information about you in a safe and responsible manner. To see our Privacy Policy, please visit silverbluffre.com/privacy. If you have any questions concerning our privacy practices, you may contact us at (305) 902-6476 or info@silverbluffre.com.