CASA DI COBA

TERMS OF USE

Last updated: June 26, 2025

Welcome to the Website! CASADICOBA, LLC (“we,” “us,” or “our”) are pleased to provide you with access to the “Website,” which means, collectively, the casadicoba.com domain and webpages, including any content or functionality offered on or through such domain and webpages, and any emails, newsletters or other mediums, or portions of such mediums, through which you have accessed these Terms of Use (these “Terms”). These Terms govern your access and use of the Website.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE WEBSITE. BY ACCESSING AND USING THE WEBSITE, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, OR ANY PORTION OF THESE TERMS (INCLUDING ANY PORTION OF OUR PRIVACY POLICY), YOU MUST NOT ACCESS OR USE THE WEBSITE.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, AND DISCLAIMERS OF OUR WARRANTIES AND OUR LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.

WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON, INCLUDING, WITHOUT LIMITATION IF WE DETERMINE THAT YOU HAVE FAILED TO COMPLY WITH ANY PROVISION OF THESE TERMS.

You should not construe, and we do not intend, that either the Website or the Content constitute an offer to sell, or a solicitation of offers to buy, the Casa Di Coba property. Any such offers or solicitations can be made only directly by the Casa Di Coba property owners or their contracted broker. Accordingly, the owners will not be obligated to and will in no event pay any seller-side broker commission to any person unless there is written agreement between the owners and the broker for said commission. Additionally, the owners will not be obligated to and will in no event pay any buyer -side broker commission, which is and will be the sole and exclusive responsibility of the buyer of the property (if applicable).

For the avoidance of doubt, other than the Casa Di Coba property owners or their contracted broker, no person (including any real estate broker) is authorized to make any representations or other statements regarding the Casa Di Coba property, and no agreements with, deposits paid to, or other arrangements made with, any person other than the Casa Di Coba property owners or their contracted broker are or will be binding.

DISCLAIMER: As further described in Section 4 below, we make no representations or warranties regarding the Website, Content or the Casa Di Coba property. All Content, and all information and materials posted on the Website are provided for informational purposes only and are provided on an “AS IS” basis without warranties of any kind, express or implied. The Content of the Website may be modified periodically without notice. Additionally, information and materials on the Website may not be accurate or complete and, due to changing circumstances or other causes, may change or ultimately prove to be inaccurate, incomplete and/or misleading. The Website and/or Content may be out of date at any given time, and we are under no obligation to update such materials. Any reliance you place on such information or materials is strictly at your own risk. We disclaim all liability (direct, consequential or otherwise) and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

You acknowledge and agree that: (i) we make no guaranty regarding or otherwise in respect of the Casa Di Coba property, which is being sold on an “as is” basis; and (ii) your submission of an offer to purchase, and/or to actually purchase, the Casa Di Coba property is at your sole and exclusive risk, and you can and should conduct due diligence as you deem necessary or appropriate before doing so.

These Terms may change from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website after a change constitutes your acceptance of those changes. If you do not agree to the revised Terms, please discontinue use of the Website.

1. Your Compliance with These Terms

You acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use or interact with the Website.

You represent and warrant that you have the capacity to be bound by these Terms, or if you are acting on behalf of a company or other entity, that you have the authority to bind, such company or entity. We may, at our sole discretion and at any time monitor your compliance with these Terms. Without limiting the foregoing, we have the right to:

Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of these Terms.
Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose your identity or other information.

YOU WAIVE AND HOLD US (AND THE OWNERS OF THE CASA DI COBA PROPERTY, AND THEIR AND OUR MANAGERS, OWNERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS, REPRESENTATIVES AND AGENTS, LICENSORS AND SERVICE PROVIDERS) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY OF THE FOREGOING ACTIONS TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR BY LAW ENFORCEMENT AUTHORITIES.

2. The Website Is Not Intended for Minors

The Website is intended to be accessed and used only by adults and are not directed to minors. As stated in our Privacy Policy, we do not knowingly collect personally identifiable information of minors on or through the Website, including with respect to anyone under the age of 16, and you should not provide us with any such information. If you are below the age of 18, you may access and use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

3. Your Access and Use of the Website

Your Access of the Website. We reserve the right to withdraw or amend this Website, and any Content (as defined below) that we make available on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, the entire Website, or to certain features or functionalities, to users.

Permitted Use. You may use the Website and the Content made available on the Website only for lawful purposes and only in accordance with these Terms. You may use the Website and such Content only in good faith for yourself or others on whose behalf you are authorized to act. You may not access or use the Website or such Content for any other purposes. Without limiting the generality of the foregoing, you may not and may not assist, encourage, support or enable others to:

Use the Website or Content in any way that violates any applicable federal, state, local or international law or regulation, or the rights of a third party;
Through the use of the Website or Content, unlawfully defame, abuse, harass, offend, threaten or harm anyone or any entity;
Engage in any conduct that restricts or inhibits, or prevents access, use or enjoyment of the Website or Content (or any part thereof), or which, as determined by us, may harm us or users of the Website or Content, or expose them or us to liability;
Use the Website or Content to impersonate or attempt to impersonate us, our employees or other representatives, or another user of the Website or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
Use the Website or Content in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Content, including their ability to engage in real time activities through the Website;
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Manually or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Website or any of the material on the Website (including any Content), except that you may download and print one copy of certain materials made available on the Website, and a reasonable number of pages of the Website, in each case, for your own, personal use (excluding, for the avoidance of doubt, any commercial use) and not for further reproduction, publication or distribution or modification;
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or any Content;
Use any illustrations, photographs, video or audio sequences or any graphics available on the Website separately from the Website;
Use any device, software or routine that interferes with the proper working of the Website (or any part thereof);
Introduce any viruses, trojan horses, worms, logic bombs or other malicious or technologically harmful material to, on or through the Website (or any part thereof);
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, Content, or any servers, computers or databases on which the Website is hosted or otherwise maintained;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempt to interfere with the proper working of the Website or Content (or any part thereof); or
Violate these Terms or our Privacy Policy.

Your right to access and use the Website is personal to you and is not transferable by you to any other person or entity. You are solely responsible for making all arrangements necessary for you to access the Website. Additionally, you are solely responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

We may, in our sole discretion, cancel your access to the Website for any reason, including as a result of any breach or suspected breach of these Terms.

You Must Notify Us of a Breach. You must immediately notify us of any unauthorized use of the Website, Content, of any violation of these Terms, or of any other breach of security known to you in connection with the Website or our Content, by sending an e-mail to us at: info@casadicoba.com .

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Submission of Your Content. To access the Website or some of the resources it offers, you may be asked to provide certain information or content, including Your Information (as defined in our Privacy Policy) and details as to the nature of your request for us to contact you. It is a condition of your use of the Website that all the information you provide on or via the Website is correct, current, and complete. You understand that our collection, use and disclosure of all such information is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You alone are responsible for any information or content that you submit to us, and once used by us in accordance with our Privacy Policy, it cannot always be withdrawn. You assume all risks associated with such information or content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in such information or content that makes you personally identifiable. By submitting such information or content on or through the Website, you represent and warrant that you own, or have the necessary permissions to use and authorize the use of such information or content as described in these Terms and our Privacy Policy and that such information or content will complies with these Terms.

You acknowledge that any information or content that you submit to us may expose you to liability. For example, but not by way of limitation, you may be exposed to liability if such information or content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

4. Nature of the Website / Disclaimers

Nature of the Website/ Acknowledgements. You acknowledge and agree that the Website operates to provide an overview of information regarding Casa Di Coba. Accordingly, we offer the Website for informational purposes only, and you should in no way whatsoever rely on the Website or any Content for any reason, including, without limitation, real estate, financial, tax, accounting, investment, business or legal advice. The Website and the Content are subject to modification, change and/or withdrawal, at any time, in our sole discretion. Furthermore, the Website and/or Content may prove to be inaccurate, incomplete and/or misleading. Note that all sizes and data are estimates and should be verified by you.

For the avoidance of doubt, the Website and/or Content may be out of date at any given time, and we are under no obligation to update such materials.

Without limiting the generality of the foregoing, you acknowledge and agree that: (i) we make no guaranty regarding or otherwise in respect of the Casa Di Coba property, which is being sold on an “as is” basis; and (ii) your submission of an offer to purchase, and/or to actually purchase, the Casa Di Coba property is at your sole and exclusive risk, and you can and should conduct due diligence as you deem necessary or appropriate before doing so.

Disclaimers. To the fullest extent permitted by law, we make no representations or warranties regarding the Website, Content or the Casa Di Coba property. We do not warrant the accuracy, completeness, or usefulness of the Website or any Content.

Accordingly, your use of the Website, the Content and all information, content, materials, products and services described on or made available through the Website is at your sole risk. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Website, the Content and all information, content, materials, available on or through the Website or Content. The Website, the Content and all information, content, materials, products and services included on or associated with the Website are provided to you on an “as-is” and “as available” basis.

We make no representations or warranties of any kind, express or implied, as to the operation of the Website, the Content or the information, content, materials, products or services included on or associated with the Website, including their accuracy, correctness, completeness, safety, reliability, title, timeliness, non-infringement, merchantability, conformity or fitness for a particular purpose. The Content of the Website may be modified periodically without notice. Information and materials on the Website may not be accurate or complete and, due to changing circumstances or other causes, may change or ultimately prove to be inaccurate, incomplete and/or misleading. Any reliance you place on such information or materials is strictly at your own risk. We disclaim all liability (direct, consequential or otherwise) and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Without limiting the foregoing, you acknowledge that we cannot guarantee the continuous operation of or access to the Website or Content. You further acknowledge that operation of and access to the Website or Content may be interfered with as a result of technical issues or numerous factors outside of our control. We make no representation, warranty, or guarantee that the Website or the Content is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer, device, data, programs or other equipment or material due to your use of the Website or items obtained through the Website or to your downloading of any material posted on the Website or any links to the Website.

YOU USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US (INCLUDING, WITHOUT LIMITATION, THE CASA DI COBA PROPERTY OWNER), REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

5. Our Intellectual Property Rights

The Website, and its entire contents, features and functionality (including all information, text, software, displays, images, video, audio names, graphics, logos, page headers, button icons, scripts and service names, and the design, selection and arrangement of the foregoing) are owned by us, our licensors or other providers of such material and are protected by United States or international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not use our or any third-party proprietary marks available on the Website (“Proprietary Marks”) without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on or within the Website. Any third-party names, trademarks and service marks are property of their respective owners.

The information, data, software, materials and other content viewable on, contained in or downloadable from the Website (collectively, “Content”), including all text, graphics, charts, pictures, photographs, videos, images, line art, icons and renditions, are copyrighted or trademarked by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (“Collective Work”). All software used on or within the Website is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content (including any software) or the Collective Work.

You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding Proprietary Marks, Content (including any software), the Collective Work or any other harm incurred by us as a direct or indirect result of your downloading, copying, distributing, redistributing, transmitting, publishing or using Proprietary Marks, Content (including any software) or the Collective Work for purposes that are contrary to the terms and conditions of these Terms.

6. Third-Party Service Providers

Certain features of the Website are served by our third-party service providers (“Third-Party Providers”). When engaging with any of the Third-Party Providers, you acknowledge and agree that: (a) we do not endorse, and make no representations or warranties regarding, any Third-Party Provider, including, without limitation, with respect to the quality of performance; and (b) your use of a Third-Party Provider is, as between us and you, at your sole and exclusive risk, and you should conduct due diligence as you deem necessary or appropriate before utilizing the Third-Party Provider’s services.

7. Third-Party Materials

We may provide on or through the Website links or access to other websites, platforms, mediums, content or materials belonging to third parties, including content and materials made available by our business partners, affiliates, and third-party licensors, aggregators, and reporting services. All statements and opinions expressed in these materials, other than the content provided by us to these third parties, are solely the opinions and the responsibility of the person or entity providing those materials.

All third-party materials and links are provided solely as a convenience to you, and such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties or the content on their website(s) or other materials. We are not responsible for the activities or policies of those third parties. We accept no responsibility for such third parties or for any loss or damage that may arise from your use of the third-party links or the products or services of those third parties. We do not guarantee that the terms or other content offered by any particular advertiser, business partner, affiliate or other third party on or through the Website are accurate or the best terms or lowest prices available in the market.

You acknowledge and agree that we are not responsible for any third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof, or for performance of any services by any third parties. If you decide to access any third-party websites, mediums or services, you do so entirely at your own risk and subject to the terms and conditions of use of such third-party websites, mediums or services (as applicable).

8. Linking to the Website and Social Media Features

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation, that of the Casa Di Coba property or its owner(s), or take advantage of any of them, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.

Additionally, the Website may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content available on the Website; send e-mails or other communications with certain content, or links to certain content available on the Website; or cause limited portions of content on available on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with these Terms and any additional terms and conditions that we may provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any website.
Otherwise take any action with respect to the materials on available on the Website that is inconsistent with any other provision of these Terms.

Any website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

9. International / Non-Florida Users

The Website is controlled, operated and administered by us from our offices within the State of Florida, United States of America. We make no representations that the Website, the Content (or the products and services described on the Website) are permissible, appropriate or available for use in other jurisdictions. If you access the Website from a location outside the State of Florida, United States, then you do so by your own volition and you are solely responsible for compliance with all laws, regulations and rules (including local laws and any applicable United States export control laws). You must not use the Website or any Content in a manner prohibited by any applicable state, federal, international or local laws, rules, restrictions or regulations.

As stated in our Privacy Policy, consumer privacy laws in states other than the State of Florida may provide their residents with additional rights regarding our use of their personal information. Notwithstanding anything to the contrary in these Terms, we endeavor to comply with all laws applicable to us, including those if and to the extent applicable to us as against you and your access and use of the Website and/or submission to us of your personal information.

10. Limitations on Our Liability

IN NO EVENT WILL WE, OR THE OWNERS OF THE CASA DI COBA PROPERTY, AND THEIR AND OUR MANAGERS, OWNERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES FOR ANY PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, INJURIES TO PROPERTY AND/OR LOSS OF PROFIT, REVENUE OR BUSINESS, WHETHER AS A RESULT, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OF A BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF ANY TERM OR CONDITION OF THESE TERMS; (II) YOUR ACCESS AND USE OF THE WEBSITE OR ANY CONTENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY CONTENT FOR ANY REASON; (IV) YOUR DOWNLOADING OR USE OF ANY OF THE CONTENT OR THE COLLECTIVE WORK; (V) YOUR RELIANCE ON OR USE OF THE WEBSITE, THE CONTENT, OR THE COLLECTIVE WORK; (VI) YOUR OR ANY THIRD PARTY’S USE OF THE WEBSITE OR THE CONTENT; (VII) THE BREACH OF OUR SECURITY AND UNAUTHORIZED DISCLOSURE OF YOUR INFORMATION; OR (VIII) ANY INFORMATION OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR THE CONTENT, IN EACH CASE, EVEN IF WE OR SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL AGGREGATE LIABILITY OF US, THE OWNERS OF THE CASA DI COBA PROPERTY, AND THEIR AND OUR MANAGERS, OWNERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS, REPRESENTATIVES AND AGENTS, ARISING OUT OF OR OTHERWISE RELATING TO THESE TERMS AND ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, WILL NOT EXCEED $100.

THE FOREGOING LIMITATIONS APPLY NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR THE OWNERS OF THE CASA DI COBA PROPERTY, AND THEIR AND OUR MANAGERS, OWNERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS, REPRESENTATIVES AND AGENTS, WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY CONSEQUENCES OF ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON THE WEBSITE, OR THE CONTENT, INCLUDING DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR EMOTIONAL DISTRESS, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH ACTIONS OR INACTIONS RESTS ENTIRELY WITH YOU.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this “Limitations on Our Liability” section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including Chapter 95, Florida Statutes, will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.

11. Your Indemnification of Us

You covenant and agree to defend, indemnify and hold us, the owners of the Casa Di Coba property, and our and their respective officers, directors, owners, managers, employees, independent contractors, attorneys, agents and representatives harmless from and against all claims and expenses, including attorneys’ fees and the costs of enforcing this indemnification right, arising out of or attributable to: (i) any breach or violation of these Terms by you or your representatives; (ii) your failure to provide accurate, complete and current information requested or required by us; (iii) your access or use of the Website or the Content; or (iv) any personal injury, property damage or emotional distress caused by you.

12. Our Remedies

You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms. You agree that (notwithstanding Section 13 below) we may bring any action or proceeding with regard to such injunction restraining such breach or threatened breach in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida, Fort Lauderdale Division. You consent to personal jurisdiction over you by such court and to the exclusive jurisdiction of such court, and waive any objection to the laying of venue of any such action or proceeding in such court. We may affect service of any court paper on you by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.

13. Legal Disputes; Arbitration Agreement; Class Action Waiver

Please read this Section carefully. Except as these Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

a. Agreement to Binding Arbitration.

Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us. Please send this notice and description to info@casadicoba.com. You agree to negotiate with us in good faith about your problem or dispute for at least 60 days. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after our receipt of your written dispute, then you agree to the dispute resolution provisions below.

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us or the Website on an individual basis in arbitration, as set forth in this Section. You and we agree that any disputes between us (including any disputes between you and a third-party agent of us) will be resolved through binding and final arbitration and not in a court. This includes (i) any dispute, claims, or controversy arising out of or relating to any part of these Terms, or the existence, breach, termination, enforcement, interpretation, or validity thereof; or (ii) your access to or use of the Website, including the Platform, at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in Broward County, Florida and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this Arbitration Agreement.

You and we agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an Arbitrator can award on an individual basis the same damages and relief as would be available in court and must enforce the same limitations stated in these Terms as a court would.

b. No Class Action.

You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

c. Rules and Governing Law.

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Florida, without regard to its conflict of laws provisions.

d. Arbitration Process.

You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (i) the names, addresses and phone numbers of the parties involved (you and us, in most cases); (ii) a description of the dispute; and (iii) a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website, or you may contact the AAA at 800-778-7879.

Unless you and we agree otherwise in writing, in the event that any provision of this Section is found not to apply to you or to a particular claim or dispute as a result of a decision by the Arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Broward County, Florida. You and we will submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.

e. Arbitrator’s Decision.

The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.

Regardless of the manner in which the arbitration is conducted, the Arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties.

Judgment on any award rendered by the Arbitrator is final, binding, and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors, and assigns.

With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.

f. Fees.

Payment of all filing, administration and Arbitrator fees will be governed by the AAA’s applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the Arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the Arbitrator.

14. Miscellaneous

If any provision of these Terms is contrary to, prohibited by or deemed invalid under applicable law, such provision will be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder of these Terms will not be invalidated thereby and will be given full force and effect so far as possible. If any provision of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.

For purposes of these Terms, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; and the word “or” is not exclusive. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and will not limit or otherwise affect in any way the meaning or interpretation of these Terms.

All covenants, agreements, representations and warranties made in these Terms, as may be amended by us, from time to time, will survive your acceptance of these Terms and the termination of these Terms.

No failure to exercise, and no delay in exercising, any right or any power set forth in these Terms by us will operate as a waiver of such right or power, nor will any single or partial exercise of any right or power under these Terms by us preclude further exercise of that or any other right or power under these Terms.

These Terms may change from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. If you do not agree to any change to these Terms, you must discontinue using the Website. These Terms replace all previous notices or statements with respect to this subject, and cannot be modified orally or in writing by any of our associates, representatives or any other third parties.

We may give, assign or transfer our rights or obligations under these Terms to any person or entity at any time with or without your consent. You may not give, assign or transfer your rights or obligations under these Terms to any person or entity without our prior written consent, which may be withheld in our sole discretion. Any attempt to assign your rights or obligations under these Terms without our consent will be void and of no force and effect.

We will not be liable for any changes, delays, failures or problems out of our control, including, without limitation, any changes, delays, failures or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, shortage of transportation facilities, fuel, energy, labor or materials and other similar events.

You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

These Terms (together, with any documents they expressly incorporate by reference, including our Privacy Policy) represent the entire understanding and agreement between you and us regarding the subject matter of these Terms, and supersede all other previous agreements, understandings or representations regarding these Terms.

If you have questions, comments, concerns or feedback regarding these Terms or the Website, please contact us via email at: info@casadicoba.com.