THE LUXE, Apartments at Ridgedale – Legal

TERMS AND CONDITIONS OF USE

Before you access, view or use this Project Website (https://www.livetheluxeridgedale.com), you must carefully read the following terms and conditions of use (collectively, “Terms and Conditions”) and accept and agree to be bound by all these Terms and Conditions. By proceeding to access, view and/or use this Project Website, you accept and agree to be bound by all these Terms and Conditions. If you do not accept and agree to be bound by all the Terms and Conditions, then you do not have the right to access, view or use this Project Website or any of the data, content, links, functions and other information and materials presented herein (collectively, “Website Content”).

This Project Website and Website Content are provided only for your informational purposes and personal use in connection with THE LUXE, Apartments at Ridgedale project (the “Project”). Commercial use of this Website or of any Website Content by you is prohibited. All Website Content contained on the Project Website, including but not limited to all trade names, trademarks, service marks and logos, is protected by copyright, and other intellectual property laws, rules and regulations. No Website Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download, display and print the materials presented on the Project Website for your personal, non-commercial use in connection with the Project. Nothing herein shall be construed as granting, creating or conferring any license or other right in or to any of the Website Content or in any other intellectual property rights, all of which rights are hereby expressly reserved to Owner. Not by way of limiting the foregoing, the name THE LUXE, Apartments at Ridgedale is a registered service mark owned by the owner of the Project, Ridgedale Executive Apartments, LLC.

Some of the sketches, renderings, graphic materials, plans, specifications, designs, floor plans, layouts, elevations, art, furniture, fixtures, appliances, amenities and views are conceptual and illustrative only and all are subject to change or elimination in whole or in part at any time and from time to time without any prior notice and should not be relied upon. Some items shown may not be included in the common areas, or other facilities of the Project or in some or any rental units. All dimensions are approximate and subject to change and should not be relied upon when making any decision regarding a rental unit. Some or all video and photos may be stock, for illustration only and used merely to depict intended themes and/or aesthetics at or near the Project. Views shown in illustrations or renderings cannot be relied upon as the actual view from any proposed rental unit(s) or any other part of the Project. There is no guarantee that the facilities, amenities, features, services or views presented or described will be provided at the Project, or that they will be as presented or described, if and when provided at the Project.

The information contained in this Project Website is provided solely for informational purposes and is not intended to constitute an offer or solicitation. It is recommended that you contact the leasing manager to confirm current unit availability, features, and pricing. You should also refer to the form of the lease agreement and related materials for important information concerning the Project. Though we attempt to keep the information contained in this Project Website accurate and up-to-date, we and our leasing/property manager(s) cannot and do not warrant the accuracy or completeness of any information (including, but not limited to, text, graphics, videos, and floor plans) contained in this Project Website, in any linked sites or in related materials. Drawing and dimensions are not to scale. No representations or warranties, express or implied, are made as to the accuracy or completeness of drawings, photographs, floor plans, dimensions, conditions, services, features, materials and amenities, all of which are subject to change without notice. We assume no liability for inaccuracies, errors or omissions. All dimensions and specifications (including square footages) are approximate. Unit availability, prices, special offers, floor plans, and specification levels are subject to change without notice or obligation. School, utility and governmental information should be verified by you with the appropriate agency or utility supplier.

All use of the Project Website and all Website Content is at the user’s own risk. Use of the Project Website and Website Content is provided on an “AS-IS” basis with NO representations or warranties of any kind or nature, either express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Neither Owner nor any of its managers, agents, affiliates or contractors have, or assume, any responsibility, obligation or liability for: (a) any mistakes, omissions, or other inaccuracies; (b) any personal injury or loss, or property damage or loss, of any nature whatsoever resulting from access to or use of the Project Website; (c) any unauthorized access to or use of our servers by third-parties; (d) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Project Website by you or any third party; (e) any interruption or cessation of transmission to or use of the Project Website; and (f) any and all other losses, injuries and damage of any and every kind whatsoever (including, without limitation, damage to, or interference with, your computer system, phone or other media device or loss of service or data) incurred as a result of, or in connection with, accessing, viewing or using this Project Website or any Website Content posted, emailed, transmitted, downloaded or otherwise made available via the Project Website. In addition, we do not assume, and have no, responsibility or liability: (y) to correct any omissions, mistakes or other inaccuracies of any Website Content; or (z) to update, modify or supplement any Website Content to reflect any change in existing facts or circumstances which may come to our attention.

You agree not to use the Project Website nor any of the Website Content: (a) to disparage, interfere with, or disrupt, our business reputation or business activities or those of any of our affiliates, managers, agents and contractors; (b) to violate any local, state, national or international laws, rules or regulation, whether the violation is intentional or unintentional; (c) in a manner that could damage, disable, overburden or impair any computer system, server or network; or (d) to gain unauthorized access to any information, accounts, computer systems, servers or networks. You will be subject to legal action, prosecution and liability if you use this Project Website or the Website Content in any manner prohibited by, or in violation of, these Terms and Conditions or otherwise in violation of law.

In no event shall we be liable to you or any third party claiming through you for any direct, indirect, consequential, exemplary, punitive, special or incidental damages (including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits or loss of use or other economic advantage) in connection with the use of or the inability to use, or the reliance upon, the Project Website or any of the Website Content. Your sole and exclusive remedy is to discontinue using the Project Website.

You agree to indemnify, defend and hold harmless us and our parents, affiliates and subsidiaries, and each of our and their respective directors, officers, shareholders, members, managers, governors, partners, trustees, beneficiaries, employees, contractors, consultants, agents, attorneys and representatives, from and against any and all claims, demands, causes of action, losses, liabilities, injuries, damages (whether direct, indirect, special, reliance, consequential, punitive or otherwise), judgments, settlements, fees, costs, and expenses (including, without limitation, reasonable attorneys’ fees at trial, appellate levels and in all alternative dispute resolution proceedings, as applicable) arising from or in connection with your use of the Project Website or any Website Content or your violation of any of these Terms and Conditions.

Any and all information, including, personal information provided by you on or via the Project Website is subject to our Privacy Policy. Our Privacy Policy can be accessed by clicking on the “Privacy Policy” link on the footer of the Project Website. No right of confidentiality shall apply to any inquiries or other communications made to or from us via the Project Website.

The Project Website contains links to websites operated by persons or entities other than us (each a “Third Party Website”). Each Third Party Website is provided solely as a convenience to you. Your use of each and every Third Party Website is solely at your own risk. You are responsible to read all terms and conditions of use and other legal terms and conditions and policies of each Third Party Website you visit as they will differ from these Terms and Conditions. You agree that we are not, and will not be, liable for any loss, injury or damage which you may suffer or incur in connection with any use of any Third Party Website.

Equal Housing Opportunity

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.”

All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.

Use and enforcement of these Terms and Conditions and resolution of any matter arising in connection with use of this Project Website shall be governed by, enforced and construed under the laws of the State of Minnesota without giving effect to any rules of conflicts of law. Venue for all actions, litigation and/or other proceedings relating to or arising out of the Terms and Conditions, the Project Website or any Website Content shall be exclusively in Hennepin County, Minnesota. These Terms and Conditions constitute the entire agreement between you and us relating to your use of the Project Website and Website Content. If any term, provision or portion of these Terms and Conditions is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, then such term, provision or portion of these Terms and Conditions shall be given it nearest valid, legal and enforceable meaning, or construed as deleted, whichever such court may determine, and the same shall not invalidate the remaining terms and conditions, provisions and/or portions of these Terms and Conditions, which remaining terms and conditions, provisions and portions of these Terms and Conditions will remain in full force and effect.

This Project Website at https://www.livetheluxeridgedale.com (“Project Website”) is made available by Ridgedale Executive Apartments, LLC, a Minnesota limited liability company and the owner of THE LUXE, Apartments at Ridgedale rental community project. Each reference to “us”, “we” or “Owner” is a reference to, and means, Ridgedale Executive Apartments, LLC and its successors in ownership of that rental community. Each reference to “you” is a reference to, and means, you, the person accessing, viewing or using this Project Website.

This Project Website, these Terms and Conditions and the Website Content may be modified, supplemented and/or removed in whole or in part at any time and from time to time without any prior notice. Any such modification, supplement or removal shall be effectively immediately upon the posting or removal of the same from the Project Website. You can view the most current version of the Project Website, the Terms and Conditions and the Website Content at any time by visiting the Project Website.

If you have any questions regarding this Project Website or these Terms and Conditions, please direct your inquiry in writing to Ridgedale Executive Apartments, LLC, 12455 Ridgedale Drive, Suite 103, Minnetonka, MN 55305.

Version Date 1/20/2020