PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF JUNE 1, 2019.
ACCEPTANCE OF TERMS
govern the relationship with our users and others which may interact or interface with Brookes
Development LLC, also known as Brookes Development, located at PO Box 12207, Baltimore,
Maryland 21281 and our subsidiaries and affiliates, in association with the use of the Brookes
Development website, which includes www.brookesdevelopment.com, (the “Site”) and its
Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is company website which has the following description:
The purpose of this website is to inform current and potential investors of the risks associated
with investing in student housing and multifamily assets.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as
“users” of the herein contained Services provided for the purpose of this TOS. Once an individual
register’s for our Services, through the process of creating an account, the user shall then be
considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile applications and
that those applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of Brookes
To register and become a “member” of the Site, you must be at least 18 years of age to enter into
and form a legally binding contract. In addition, you must be in good standing and not an
individual that has been previously barred from receiving Brookes Development’s Services under
the laws and statutes of the United States or other applicable jurisdiction.
When you register, Brookes Development may collect information such as your name, e-mail
address, birth date, gender, mailing address, occupation, industry and personal interests. You can
edit your account information at any time. Once you register with Brookes Development and sign in to
our Services, you are no longer anonymous to us.
Every member’s registration data and various other personal information are strictly protected by
member, you herein consent to the collection and use of the information provided, including the
transfer of information within the United States and/or other countries for storage, processing or
use by Brookes Development LLC and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be
responsible for maintaining the secrecy and confidentiality of your password and for all activities
that transpire on or within your account. It is your responsibility for any act or omission of any
user(s) that access your account information that, if undertaken by you, would be deemed a
violation of the TOS. It shall be your responsibility to notify Brookes Development LLC
immediately if you notice any unauthorized access or use of your account or password or any
other breach of security. Brookes Development LLC shall not be held liable for any loss and/or
damage arising from any failure to comply with this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated.
All users and/or members herein agree to insure and holdBrookes Development LLC, our
subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees
made by any third party which may arise from any content a member or user of our site may
submit, post, modify, transmit or otherwise make available through our Services, the use of
Brookes Development Services or your connection with these Services, your violations of the
Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit
for any commercial reason any part, use of, or access to Brookes Development’s sites.
Brookes Development LLC shall reserve the right at any time it may deem fit, to modify, alter and
or discontinue, whether temporarily or permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held liable to you or to any third party for any
such alteration, modification, suspension and/or discontinuance of our Services, or any part
As a member of www.brookesdevelopment.com, you may cancel or terminate your account,
associated email address and/or access to our Services by submitting a cancellation or
termination request to firstname.lastname@example.org.
As a member, you agree that Brookes Development LLC may, without any prior written notice,
immediately suspend, terminate, discontinue and/or limit your account, any email associated with
your account, and access to any of our Services.
In the event you have a dispute, you agree to release Brookes Development LLC (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other
third parties) from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out
of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase “Let the investor beware” is
appropriate. Brookes Development LLC’s content is provided primarily for informational purposes,
and no content that shall be provided or included in our Services is intended for trading or
investing purposes. Brookes Development LLC and our licensors shall not be responsible or
liable for the accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.
Brookes Development LLC may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or any
which may be herein after developed. Any such notices may not be received if you violate any
aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of
this TOS constitutes your agreement that you are deemed to have received any and all notices
that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Brookes Development LLC
trademarks, copyright, trade name, service marks, and other Brookes Development LLC logos
and any brand features, and/or product and service names are trademarks and as such, are and
shall remain the property of Brookes Development LLC. You herein agree not to display and/or
use in any manner the Brookes Development LLC logo or marks without obtaining Brookes
Development LLC’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
Brookes Development LLC will always respect the intellectual property of others, and we ask that
all of our users do the same. With regards to appropriate circumstances and at its sole discretion,
Brookes Development LLC may disable and/or terminate the accounts of any user who violates
our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in
such a way that would constitute copyright infringement, or if you believe your intellectual property
rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you andBrookes Development LLC with regard to the TOS
that the relationship between the parties shall be governed by the laws of the state of Maryland
without regard to its conflict of law provisions and that any and all claims, causes of action and/or
disputes, arising out of or relating to the TOS, or the relationship between you andBrookes
Development LLC, shall be filed within the courts having jurisdiction within the County of
Baltimore, Maryland or the U.S. District Court located in said state. You andBrookes
Development LLC agree to submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts
and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Brookes Development LLC fail to exercise or enforce any right or provision of
the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of
this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties’ intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
3 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS toBrookes Development LLC as follows:
Brookes Development LLC
PO Box 12207
Baltimore, Maryland 21281