Nothing contained herein 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, grove bay properties, llc, a florida limited liability company (“sponsor” or “developer”), 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.
You are protected by various state and federal laws with respect to consumer privacy, including, among others, Section 5 of the Federal Trade Commission Act, which prohibits unfair and deceptive practices and the Fair Credit Reporting Act (FCRA), as amended by the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which promotes accuracy in consumer reports and ensures the privacy of information contained therein.
Information That We May Collect
We directly or through our managing agent may collect information about you through our “Contact Us” or apartment search pages. This information may include your name, e-mail address, phone number, and move-in date, and any other information required for us to contact you or assist in your property search (collectively, “General Information”).
We do not collect information about you unless you expressly instruct us to collect your information as part of a lease application or similar process. This information may include, among other things, name, social security number, address, phone number, rental history, employer, bank information, financial status, and any other personal information generally required to complete a residential lease and credit application (collectively, the “Application Information”).
Our Use of Your Information
The General Information you provide to us is used by us solely in order to deliver services to you, such as apartment information you request, or to complete a transaction requested by you, such as to arrange an apartment or property viewing. We may also use your personally identifiable information to contact you about apartments or services that we believe may be of interest to you.
The Application Information you provide to us is used solely for the purpose of requesting a credit report and making an evaluation of your lease or equivalent application. Only third party credit reporting service providers, employees, brokers and other authorized personnel on a need-to-know basis have access to the Application Information and such access is only for purposes of conducting a fair evaluation of your lease application. We use On-Site Manager, Inc. (www.on-site.com) to assist in obtaining credit reports in connection with your lease or equivalent application and for other management purposes with respect to the Property. The use of your Application Information provided to On-Site Manager, Inc. for purposes of the credit application is subject to the policies of On-Site Manager, Inc. The Company shall not be responsible for any use of such Application Information by On-Site Manager, Inc. based on their privacy policies. You may contact On-Site Manager, Inc. directly should you have specific questions regarding their policies. We and/or On-Site Manager, Inc. may contact any individual(s) or organization(s) contained in your lease application solely for purposes of verifying the information you provide to us and you authorize us to do so by completing our lease application.
We internally use the Site Use Information to improve our services, to statistically analyze website usage, to improve our content, to customize the Site’s content and layout and for other customer service purposes. We believe these uses allow us to improve the Site and better tailor it to meet our users’ needs.
We do not sell, lend or rent any personally identifiable information about you to any third parties outside of the Company, its parent, affiliates, subsidiaries, authorized agents and service providers, operating companies and other related entities.
We may also use or disclose personally identifiable information:
We can (and you authorize us to) disclose any information about you as required by law, including voluntary disclosures to law enforcement agencies and government officials, as we, in our sole discretion, believe necessary or appropriate.
Disposal of Information
Pursuant to the requirements of the Disposal Rule, a part of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), the Company will use reasonable and appropriate measures to prevent the unauthorized access to, or use of, the Application Information you provide to us. This may include the physical destruction of files containing your Application Information and the destruction of electronic files or media containing your Application Information. The Company uses commercially reasonable measures, in its discretion, to properly dispose of your Application Information.
Third Party Collectors of Information
The Company will notify you and/or your broker of any unfavorable action taken with respect to your lease or equivalent application (whether based entirely or partly on the credit report provided by On-Site Manager, Inc.) (“Adverse Action”). If any Adverse Action is taken based solely or partly on the credit report provided by On-Site Manager, Inc., we will notify you and upon your request, provide you with additional information with respect to the source of the credit report and contact information.
Suggestions You Make
Links to Third Party Sites
If all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Site.
The Site is not directed to children under 13. We do not knowingly collect, use, or disclose personal information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her personal information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
No Liability for Acts of Third Parties
The Site is governed by and operated in, and in accordance with the laws of, the United States, and is intended for the enjoyment of residents of the United States. The Site makes no representation that it is governed by or operated in accordance with the laws of any other nation. By using the Site, or providing us with any information, you (a) acknowledge that the Site is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
California Privacy Rights
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us:
Gemini Residential, LLC
c/o Rose Associates, Inc.
200 Madison Avenue, 5th Floor
New York, New York 10016-3912
Contacting the Site
You may not modify, publish, transmit, participate in the transfer or sale of, or in any way exploit any of the materials or content on our Site without our express written permission.
Our Site contains content that we create as well as content provided by third parties. We do not guarantee the accuracy, the integrity, or the quality of the content on our Site, and you should not rely on any of this content.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: restrict, suspend, or terminate your access to all or any part of our services; change, suspend, or discontinue all or any part of our services; refuse, move, or remove any content or information that is available on our Site or that has been provided by you to us or our agents; or establish general practices and limits concerning use of our Site. We will not be liable to you or any third party for taking any of these actions.
Without limiting the foregoing, you agree that you will not use our Site to take any of the following actions: transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Site, any software or hardware, or telecommunications equipment; download any file that you know or reasonably should know cannot be legally obtained in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; collect or store personal information about other end users; interfere with or disrupt our Site, servers, or networks; forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site; or take any action that imposes a large load on our infrastructure.
We disclaim any responsibility for any harm resulting from downloading or accessing the Site.
WE MAKE NO WARRANTIES AS TO THE CONTENT ON OUR SITE. OUR SITE AND ITS CONTENT IS DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTY THAT (1) OUR SITE WILL MEET YOUR REQUIREMENTS, (2) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, OR (5) ANY ERRORS WILL BE CORRECTED. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL IMAGES ARE A COMBINATION OF PHOTOGRAPHY AND ARTIST RENDERINGS. THE ARTIST REPRESENTATIONS AND INTERIOR DECORATIONS AND FURNISHINGS ARE PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY. PRICES ARE SUBJECT TO CHANGE.
You acknowledge and consent that such notices will be effective upon our posting them on our Site.
All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this Site are the property of Gemini, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without our prior written permission. The use of Gemini Marks on any other web site, without authorization, is prohibited.
The Site may contain links to third-party websites that are not controlled by Gemini. Gemini makes no representations whatsoever about any other website to which you may have access through the Site. When you access another website, you do so at your own risk and acknowledge that Gemini is not responsible or liable for any content, advertising, products or other materials available from such third party sites. You also agree that Gemini is not liable for any loss or damage of any sort incurred as the result of using any third party’s website. Mention of third-party companies and websites on the Site is for informational purposes only and does not constitute an endorsement or recommendation.
This Site is compliant with the Digital Millennium Copyright Act. If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us with the appropriate details. Our e-mail address is firstname.lastname@example.org and our mailing address is Gemini Residential, LLC, c/o Rose Associates, Inc., 200 Madison Avenue, New York, New York 10016.
Our Site is not directed to children under the age of 13. We operate our Site in compliance with the Children’s Online Privacy Protection Act and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age.
We believe that our Site should be friendly and easy-to-use for all consumers, including those with disabilities and compliant with Americans with Disabilities Act. In that spirit, we have developed the Site, which expresses our commitment to the development of a website that is accessible to all users, including those with disabilities. If you are having difficulty using our Site or have recommendations for improvements, please contact us. Our e-mail address is email@example.com and our mailing address is Gemini Residential, LLC, c/o Rose Associates, Inc., 200 Madison Avenue, New York, New York 10016.
Effective Date: January 23, 2017
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