Privacy Policy

Terms and Conditions


PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, REQUIRING INDIVIDUAL BINDING ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND MONUMENT INC. AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.


Welcome and thank you for using this online services platform, provided by Monument Real Estate Services, White Pines, or their affiliates that provide access or links to these Terms and Conditions (collectively, “Monument,” “us,” or “we”). By visiting, using, or registering with https://www.whitepinesshakopee.com, or https://www.mresmgmt.com/ (the “Sites” or “Website”), you accept these Terms, including the arbitration provision and class action waiver herein, so please read them carefully.


By using either of the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not meet these requirements, you should stop using the Sites.  If you do not agree to these Terms, then you should not use the Sites. If at any time you do not accept all of these Terms, you should immediately stop using the Sites. 


Privacy


For information on how we handle, use, and share information we collect from you or about you when you use the Sites, please review our Online Privacy Policy. 


Dispute Resolution by Binding Individual Arbitration and Class Action Waiver (“Dispute Resolution”) 


PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MONUMENT TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, IT LIMITS THE PARTIES’ RIGHTS TO SEEK RELIEF IN COURT, AND IT WAIVES THE RIGHT TO JURY TRIAL AND THE RIGHT TO JOIN WITH OTHERS IN A LAWSUIT.


This section sets out our agreement for resolving all disputes relating to your use of the Sites, including but not limited to our collection, use, and sharing of data on and from the Sites. Other than a claim filed in a court that is limited to adjudicating small claims, in the event of any dispute of any nature whatsoever relating to your use of the Sites, past, present or future, in law or in equity, including the determination of the scope, validity, or applicability of this agreement to arbitrate, you and Monument agree and consent to binding arbitration at JAMS for all such disputes on an individual (not class) basis before a single arbitrator under the applicable JAMS Arbitration Rules and Procedures in effect at the time of the filing, rather than litigating the dispute in court. You may obtain a copy of the applicable JAMS rules at www.jamsadr.com. If JAMS is unavailable or unwilling to administer arbitration consistent with this section, another arbitration provider shall be selected by the parties that will administer the arbitration consistent with it. If the parties cannot agree on a provider, the parties may ask a court to appoint an arbitrator that will administer the proceeding consistent with this section.


You and Monument also agree that: (a) by their dealings the parties’ conduct is in and affecting interstate commerce; and (b) the Federal Arbitration Act (FAA) applies and governs this agreement. To the extent state law is applicable under the FAA, the law of the State of Florida shall apply, without regard to its choice of law provisions. The arbitrator shall have exclusive authority to determine the scope, validity, and enforceability of this arbitration agreement. 


If the arbitration takes place in-person, it shall be held in the City of Miami. If you commence an arbitration action against Monument, you must provide notice to Monument at: 


Monument Real Estate Services, LLC – Attn: Legal Department; 2675 S. Bayshore Drive #300S; Coconut Grove, FL 33133

If Monument commences an arbitration action against you, it will send the notice to your last address of record with Monument. 


By agreeing to arbitration, the parties are giving up the right to a trial in court and the right to a jury, and there is more limited discovery than might otherwise be available in court.  In addition, you and Monument agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims if the other party hereto is a party to the proceeding.


For purposes of this Dispute Resolution section, Monument includes its/their past, present, and future officers, directors, employees, agents, representatives, contractors, parent, subsidiaries, affiliates, successors, and assigns. In addition, the following persons or entities are intended third-party beneficiaries of this dispute resolution section and may enforce the terms of this section as if they were direct parties: (a) contractors who provided website, internet, or any other marketing services to Monument; (b) companies with which Monument shares data regarding your use of the Sites, including by way of illustration and not limitation, website analytics companies.


Residents Portal and Apply Online 


If you use the Residents Portal or the Apply Online features of the Sites, you are solely responsible for maintaining the confidentiality and security of your information, other related login or account information, and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your account or password. Monument is not responsible for any losses arising out of the unauthorized use of your account. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree that Monument does not have any responsibility if you lose or share access to your device. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites, or portions of it using your user name, password, or other security information. You agree to immediately notify Monument of any unauthorized use of your account or any other breach of security. In consideration of your use of the Sites you agree to provide true, accurate, current and complete account information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your login or account and refuse any and all current and future use of the Sites to you. We reserve the right to refuse service and terminate logins or accounts.


Links to Third Party Websites


Occasionally, we may make available a link to a third party’s website. These links will let you leave the Sites. The linked websites are not under our control, and we are not responsible for the contents of any linked website, or any link or information contained in a linked website, or any changes or updates to such websites. We encourage you to review such third party’s online terms and privacy policies.


Disclaimer of Warranties and Limitation of Liability


THE SITES ARE PROVIDED BY MONUMENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, MONUMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AS TO THE OPERATION OF THE SITES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITES, OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. 


To the fullest extent permitted by applicable law, 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 equipment, computer programs, data, or other proprietary material due to your use of the Sites, or any services or items obtained through the Sites, or to your downloading of any material posted on it, or on any other site linked to it.


To the fullest extent permitted by applicable law, Monument disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Monument does not warrant that the Sites, its servers or e-mail sent from Monument are free of viruses or other harmful components. Monument will not be liable for any damages of any kind arising from the use of the Sites, including, but not limited to indirect, incidental, punitive and consequential damages.


The parties agree that the limitations of liability specified in this section are essential provisions of these terms, without which the Sites would not be made available. The parties further agree that these essential provisions are a reasonable allocation of risk and apply regardless of the form of action, whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise, and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. To the extent the above disclaimer of warranties and limitation of liability is restricted under law, the above limitation shall be applied to the maximum extent permitted under such law.


Intellectual Property Rights


The Sites and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Monument, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.


These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Sites, except as follows:


  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.


You must not:


  • Modify copies of any materials from the Sites.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.


You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.


If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by Monument. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.


Trademarks


Monument’s name, the terms Monument Real Estate Services, the M logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Monument or its affiliates or licensors.  You must not use such marks without the prior written permission of Monument.  All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners. 

 

Governing Law


These Terms and Conditions shall be governed by the laws of the State of Florida, without giving effect to the conflicts of law provisions.  To the extent that a dispute relating to your use of the Sites, these Terms and Conditions, or Monument’s Privacy Policy, is not addressed or covered by the Dispute Resolution by Binding Individual Arbitration and Class Action Waiver, the parties agree that any such dispute shall be resolved in a court of competent jurisdiction in and for Miami-Dade County, Florida, and the parties submit to the personal jurisdiction and venue in such courts for such actions.


User Contributions


The Sites may contain forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Sites, with Monument’s approval.


All User Contributions must comply with the Content Standards set out in these Terms of Use.


Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.


You represent and warrant that:


  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.


You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Monument, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Sites.


Monitoring and Enforcement; Termination


We have the right to:


  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
  • Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.


Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MONUMENT DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER MONUMENT OR LAW ENFORCEMENT AUTHORITIES.


We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


Content Standards


These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:


  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Monument’s Privacy Policy https://www.mresmgmt.com/privacy-policy/.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.


Severability and Survival


Except as otherwise provided herein, if any section or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that section or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining sections or provisions.


In addition to such other sections or provisions hereof which, by applicable law or by their terms, survive any termination or expiration of these Terms, the following sections or provisions shall survive termination of these Terms: (a) Dispute Resolution by Binding Individual Arbitration and Class Action Waiver; (b) Disclaimer of Warranties and Limitation of Liability; and (c) Governing Law.


Site Policies and Modification


Please review our other policies, such as our applicable privacy policies, posted on the Sites. 


To the extent these Terms conflict with other policies, such as the Privacy Policy, these Terms control. 


We reserve the right to make changes to our Sites, policies, and these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms and Conditions or policies means that you accept and agree to the changes.


If Monument amends the Dispute Resolution section of these Terms, those amendments will not apply to any dispute that Monument had actual notice of on the date of the amendment. If Monument terminates the agreement to arbitrate, the agreement to arbitrate will remain effective for disputes that arose prior to the date of termination. 


We may update the content on the Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.