A New Spirit Rises.

Introducing 40 stories of modern style and west coast sensibilities on the horizon for downtown san diego. A reimagined offering from bosa development with new 1-, 2- and 3-bedroom condominium residences designed for the savvy urban dweller.

A change of altitude for a life more scenic.

A change of altitude for a life more scenic.

A change of altitude for a life more scenic.

Elevate Your
Everyday.
From dramatic 40th floor Sky Lounge views to a ~15,000 sq. ft. Pool Terrace, revel in an abundance of whip-smart amenities designed to heighten your day to day living experience and elevate the comforts of home.

A Lifestyle
Looking Up.
With a central Downtown location that pulses with eclectic vibes and experiences, here a distinctively textured way of living awaits. Eateries, bars, arts, entertainment, sports and waterfront activities all within easy walking distance offer a lifestyle of ease and engagement.

Seize Your Moment.

Sales Gallery Opening 2025

Register now to receive news and special announcements
regarding this unique ownership opportunity.

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Oral representations cannot be relied upon as correctly stating representations of the developer. The Developer is not incorporated in, located in, nor a resident of, New York. This is not intended to be an offer to sell, or solicitation of an offer to buy, condominium units in New York or to residents of New York, or in any other jurisdiction where prohibited by law unless the condominium is registered in such jurisdictions or exempt. Your eligibility for purchase will depend upon your state of residency. This offering is not directed to any person or entity in New York by, or on behalf of, the developer or anyone acting with the developer’s knowledge. No purchase or sale shall take place as a result of this offering, until registration and filing requirements are met, or exemptions are confirmed.

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1. Overview

This Privacy Policy describes our online and offline practices in the collection, use, and disclosure of your personal information, and the rights you have regarding your personal information. In this Policy, the terms “Bosa Development,” “Bosa,” “company,” ”us,” “we,” and “our” refer to Bosa Development and its affiliates and subsidiaries.

2. Who This Policy Applies To

This Policy applies when you visit or use our websites where this policy is posted (each a “Site” and collectively “Sites”), contact our customer service team, purchase our products or services, or otherwise interact or communicate with us.

3. How We Collect, Use, and Share Your Personal Information

As further described in the table below, we collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with our consumers (“Personal Information”). Personal Information does not include publicly available information from government records, deidentified information, or aggregated information.

The following table describes the categories of Personal Information we may have collected in the last twelve (12) months, along with the corresponding categories of sources, purposes, and third parties with whom we shared your Personal Information.

COMMERCIAL INFORMATION

We collect records of your property, purchases, or deposit amount and any properties considered.

We collect this information directly from you.

We use this data is to:

process your transactions, manage warranty claims, and communicate with you about our projects
improve our marketing efforts, for customer prospecting, for relationship management and engagement, and to provide you with information about us, including personalized marketing communications
help us develop new properties, products and services and to improve and analyze our existing offerings
protect our Site, premises, assets, systems, employees, products, services. intellectual property, our employees, our carriers and others from fraud, theft, and other misconduct;
conduct vendor due diligence and detect and prevent fraud, theft, and misconduct including by verifying the identity of those we are conducting business with
to comply with our legal obligations, including reporting requirements, and defend ourselves in legal proceedings, and protect our company and our property, employees, and others through legal proceedings

We disclose this data to the following categories of third parties:

Service Providers: We share personal information with vendors and service providers who support the operation of our services, properties, Sites, and our business and who need access to such information to carry out their work for us (including, for example, lawyers, accountants, cloud hosting providers, analytics, financial institutions, email delivery, marketing, insurance, internet service providers, operating systems and platforms, and maintenance and customer support services). In some cases, the vendor or service provider may directly collect the information from you on our behalf.
Marketing/Analytics/Advertising Partners: We share personal information with third party marketing, analytics or advertising partners, including social media platforms and networks, who provide analytics or marketing and advertising services to us.
Government Entities: We share information with regulatory and government entities including government, administrative, law enforcement, courts, parties in litigation, and regulatory agencies; tax authorities; and other public agencies or authorities if we think we should in order to comply with any applicable law, regulation, legal process or other legal obligation. This includes cooperating with law enforcement when we think it is appropriate, obtaining legal remedies or limiting our damages, and to enforcing or protecting our contracts, legal rights or the rights of others, including by responding to claims asserted against us.
Corporate Transaction Recipients: We may share information with associations, potential investors, purchasers, merger partners, and their advisors in the event we: (i) sell or transfer, or are considering selling or transferring, all or a portion of our business or assets; or (ii) are considering or engaging in any reorganization, conversion, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our ownership interest, business or operations; or (iii) are soliciting or accepting investments.

FINANCIAL INFORMATION

We collect payment information

We collect this information directly from you.

We use this data to:

create contracts with you and to verify your eligibility for our products, premises, and services
protect our Site, premises, assets, systems, employees, products, services. intellectual property, our employees, our carriers and others from fraud, theft, and other misconduct
conduct vendor due diligence and detect and prevent fraud, theft, and misconduct including by verifying the identity of those we are conducting business with
to comply with our legal obligations, including reporting requirements, and defend ourselves in legal proceedings, and protect our company and our property, employees, and others through legal proceedings

We disclose this data to the following categories of third parties:

Service Providers: We share personal information with vendors and service providers who support the operation of our services, properties, Sites, and our business and who need access to such information to carry out their work for us (including, for example, lawyers, accountants, cloud hosting providers, analytics, payment processing, financial institutions, email delivery, marketing, insurance, internet service providers, operating systems and platforms, recruiting vendors, and maintenance and customer support services). In some cases, the vendor or service provider may directly collect the information from you on our behalf.
Marketing/Analytics/Advertising Partners: We share personal information with third party marketing, analytics or advertising partners, including social media platforms and networks, who provide analytics or marketing and advertising services to us.
Government Entities: We share information with regulatory and government entities including government, administrative, law enforcement, courts, parties in litigation, and regulatory agencies; tax authorities; and other public agencies or authorities if we think we should in order to comply with any applicable law, regulation, legal process or other legal obligation. This includes cooperating with law enforcement when we think it is appropriate, obtaining legal remedies or limiting our damages, and to enforcing or protecting our contracts, legal rights or the rights of others, including by responding to claims asserted against us.
Corporate Transaction Recipients: We may share information with potential investors, purchasers, merger partners, and their advisors in the event we: (i) sell or transfer, or are considering selling or transferring, all or a portion of our business or assets; or (ii) are considering or engaging in any reorganization, conversion, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our ownership interest, business or operations; or (iii) are soliciting or accepting investments.

INTERNET OR NETWORK ACTIVITY

We collect IP address, cookie data, browser type, traffic patterns, network and website interaction history, browsing time, and pages visited.

We collect this information from you indirectly through your Site usage and activity.

We use this data:

to understand your usage and preferences.
analyze preferences, trends, and statistics
improve our marketing efforts, for customer prospecting, for relationship management and engagement, and to provide you with information about us, including personalized marketing communications
to comply with our legal obligations, including reporting requirements, and defend ourselves in legal proceedings, and protect our company and our property, employees, and others through legal proceedings

We disclose this data to the following categories of third parties:

Service Providers: We share personal information with vendors and service providers who support the operation of our services, properties, Sites, and our business and who need access to such information to carry out their work for us (including, for example, lawyers, accountants, cloud hosting providers, analytics, payment processing, financial institutions, email delivery, marketing, insurance, internet service providers, operating systems and platforms, recruiting vendors, and maintenance and customer support services). In some cases, the vendor or service provider may directly collect the information from you on our behalf.
Marketing/Analytics/Advertising Partners: We share personal information with third party marketing, analytics or advertising partners, including social media platforms and networks, who provide analytics or marketing and advertising services to us.
Government Entities: We share information with regulatory and government entities including government, administrative, law enforcement, courts, parties in litigation, and regulatory agencies; tax authorities; and other public agencies or authorities if we think we should in order to comply with any applicable law, regulation, legal process or other legal obligation. This includes cooperating with law enforcement when we think it is appropriate, obtaining legal remedies or limiting our damages, and to enforcing or protecting our contracts, legal rights or the rights of others, including by responding to claims asserted against us.

PERSONAL IDENTIFIERS

We collect name, postal address, telephone number, email address, and business contact information.

We collect this information directly from you.

We use this data to:

communicate with you about our buildings or services
create and enforce contracts with you
answer your inquiries or discuss your warranty
protect our Site, premises, assets, systems, employees, products, services. intellectual property, our employees, our carriers and others from fraud, theft, and other misconduct
conduct vendor due diligence and detect and prevent fraud, theft, and misconduct including by verifying the identity of those we are conducting business with
to comply with our legal obligations, including reporting requirements, and defend ourselves in legal proceedings, and protect our company and our property, employees, and others through legal proceedings

If you apply to work with us, we also use this data to make informed decisions on recruitment and assess your suitability for the role, communicate with you about your application, respond to your inquiries and schedule interviews, and to reimburse you for any agreed expenses incurred in the application process.

We disclose this data to the following categories of third parties:

Service Providers: We share personal information with vendors and service providers who support the operation of our services, properties, Sites, and our business and who need access to such information to carry out their work for us (including, for example, lawyers, accountants, cloud hosting providers, analytics, payment processing, financial institutions, email delivery, marketing, insurance, internet service providers, operating systems and platforms, recruiting vendors, and maintenance and customer support services). In some cases, the vendor or service provider may directly collect the information from you on our behalf.
Government Entities: We share information with regulatory and government entities including government, administrative, law enforcement, courts, parties in litigation, and regulatory agencies; tax authorities; and other public agencies or authorities if we think we should in order to comply with any applicable law, regulation, legal process or other legal obligation. This includes cooperating with law enforcement when we think it is appropriate, obtaining legal remedies or limiting our damages, and to enforcing or protecting our contracts, legal rights or the rights of others, including by responding to claims asserted against us.
Corporate Transaction Recipients: We may share information with potential investors, purchasers, merger partners, and their advisors in the event we: (i) sell or transfer, or are considering selling or transferring, all or a portion of our business or assets; or (ii) are considering or engaging in any reorganization, conversion, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our ownership interest, business or operations; or (iii) are soliciting or accepting investments.

GEOLOCATION DATA

We collect IP address, cookie data, browser type, traffic patterns, network and website interaction history, browsing time, and pages visited.

We collect this information from you indirectly through your Site usage and activity.

We use this data:

to understand your usage and preferences.
analyze preferences, trends, and statistics
improve our marketing efforts, for customer prospecting, for relationship management and engagement, and to provide you with information about us, including personalized marketing communications
to comply with our legal obligations, including reporting requirements, and defend ourselves in legal proceedings, and protect our company and our property, employees, and others through legal proceedings

We disclose this data to the following categories of third parties:

Service Providers: We share personal information with vendors and service providers who support the operation of our services, properties, Sites, and our business and who need access to such information to carry out their work for us (including, for example, lawyers, accountants, cloud hosting providers, analytics, payment processing, financial institutions, email delivery, marketing, insurance, internet service providers, operating systems and platforms, recruiting vendors, and maintenance and customer support services). In some cases, the vendor or service provider may directly collect the information from you on our behalf.
Marketing/Analytics/Advertising Partners: We share personal information with third party marketing, analytics or advertising partners, including social media platforms and networks, who provide analytics or marketing and advertising services to us.
Government Entities: We share information with regulatory and government entities including government, administrative, law enforcement, courts, parties in litigation, and regulatory agencies; tax authorities; and other public agencies or authorities if we think we should in order to comply with any applicable law, regulation, legal process or other legal obligation. This includes cooperating with law enforcement when we think it is appropriate, obtaining legal remedies or limiting our damages, and to enforcing or protecting our contracts, legal rights or the rights of others, including by responding to claims asserted against us.

4. Combination of Information

We combine information we obtain from different sources with publicly available information, including to create inferences about you. For example, we may combine information that we have collected offline with information we collect online. We combine information that we have collected across other third party sites. We combine information across devices, such as computers and mobile devices. We may also combine information we get from a third party with information we already have.

5. How We Use Cookies

We use cookies, tags, and similar technologies to improve functionality, monitor site activity, and customize your user experience. A cookie is a small piece of text that is placed on your website browser, device, or hard drive when you visit a site. We use cookies to analyze how you interact with our site. This enables us to monitor and improve our site performance, services, and your experience. We use this information to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests, understand online activity, and monitor and improve our site performance, services, and your experience. You can change your preferences regarding our use of cookies by clicking here and changing your cookie preferences.

Session Replay Technology

We use session replay technology on our Site. Session replay technology, also referred to as session playback or user experience replay, collects information regarding, records, and tracks your interactions with a website or application. It then and transforms those logged user events (such as mouse movements, clicks, page visits, scrolling, tapping, etc.) into a reproduction of what you actually did on the website or application. We use session replays for quality control, customer service, fraud prevention and security, and marketing purposes. Our session replay technology is owned and operated by a third-party who acts as our service provider. The information collected by this technology may be collected by, transferred to, and stored by our third-party service provider.

Cross-Context Behavioral Advertising

We allow third-parties to provide analytics and advertising services and serve advertisements on our behalf across the Internet and in mobile applications. Our advertising partners may collect information about your activities on our Site on your current device and combine it with information about your activities on other websites, mobile apps, and devices. They may also collect IP address, browser or operating system type and version, and demographic or inferred-interest information, as well as personal information if you have submitted such information to us through the Site, such as your name, postal address, email address, or device ID. They collect such information using server logs, cookies, web beacons, tags, pixels, mobile advertising IDs (such as Facebook cookies or Google's Advertising ID), cross-device linking, and similar technologies. For example, our advertising partners may use the fact that you visited our website to target advertising to you on other websites and mobile apps on your current device or on other devices you use. They may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that information about your activity on websites or apps on your current browser or device may be combined and used with information collected from your other browsers or devices. These third parties partners use this information for our and their own advertising, analytics, attribution, and reporting purposes. To learn more about interest-based advertising, tracking technologies, and how to opt out, please visit http://www.aboutads.info/choices. You can disable the sharing of your personal information for cross-contextual behavioral advertising or targeted advertising through online cookies and tracking technology by clicking here and changing your cookie preferences to disable analytics and advertising cookies.

Do Not Track Signals

Some browsers have a “do not track” feature. It lets you tell websites you visit that you do not want them to track your online activity. These features are not yet uniform across browsers. Our Sites are thus not currently set up to respond to these signals. For more information on Do Not Track signals, please visit
www.allaboutdnt.com.

Google Analytics

We use analytics services provided by Google Analytics. If you would like more information on how Google uses data when you visit or use our Sites, please visit www.google.com/policies/privacy/partners. If you would like to opt-out, Google provides a an opt-out tool which is available at
//tools.google.com/dlpage/gaoptout.

6. How We Collect Information on Minors

Our products and services are intended for users who are 13 years or older. We do not knowingly collect information from children under 13 years old. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at info@andiasandiego.com. If we learn that we have collected the information of a child under 13, we will delete such information from our records.

7. How We Retain Your Information

To the extent permitted by applicable law, Bosa Development will retain your Personal Information for as long as the company believes it is necessary to fulfill the purposes for which it was collected, including for the purpose of meeting any legal, accounting, or other reporting requirements or obligations, and other legitimate and essential business purposes. Where we process personal information for marketing purposes, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing so that we can respect your request in future.

We use the following criteria to determine retention periods:

how long the information is needed to provide our services and operate our business;
whether there are contractual or legal obligations that exist that require us to retain the information for period of time;
whether any law, statute, or regulation allows for a specific retention period;
whether an individual has agreed to a longer retention period;
whether the data is considered to be sensitive data, and
what the expectation for retention was at the time the data was provided to us.

8. Processing in the United States and Canada

Please be aware that information we obtain about you will be processed in the United States and across Canada by or service providers or us. By using the Sites or our services, you acknowledge your personal information may be transferred to and processed in jurisdictions outside your own as described in this Privacy Policy. Please be aware that the data protection laws and regulations that apply to your personal information transferred to the United States, Canada or other jurisdictions may be different from the laws in your country of residence. The United States may not afford the same level of protection as laws in your own country.

9. California Privacy Rights

Shine The Light. If you are a California resident, this section applies to you. The California Shine the Light law (Cal. Civ. Code § 1798.83) permits residents of California to request certain details about how their information is shared with third parties for the third-parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at privacy@insightglobal.com and include “CA Shine the Light” in the subject line of your email.

California Consumer Privacy Act.

Use or Disclosure of Sensitive Personal Information

In the preceding 12 months, we have not used or disclosed sensitive personal information for purposes to which the right to limit use and disclosure applies under the CCPA.
Sale or Sharing of Personal Information. In the preceding 12 months, we have “sold” or “shared” (as those terms are defined in the CCPA) identifiers, commercial information, internet or electronic usage data, geolocation data, and inferences to marketing/analytics/advertising partners. We do not knowingly sell or share the personal information of minors under the age of 16.

Your Rights

Subject to certain exceptions and limitations, the CCPA affords California consumers the following rights:

You have the right to request that we tell you (i) the categories of personal information we have collected, sold, or shared about you, (ii) the sources of that information, (iii) the business or commercial purposes for collecting, selling or sharing the personal information; and (iv) the categories of third-parties to whom we have disclosed, sold or shared personal information.
You have the right to request that we provide you with a copy of your personal information.
You have the right to request that we delete personal information that we have collected from you.
You have the right to opt-out of the sale of your personal information.
You have the right to opt-out of the sharing of your personal information for cross-contextual behavioral advertising.
You have the right to direct us to limit the use or disclosure of your sensitive personal information to only the purposes specified in the CCPA.
You have the right to correct inaccurate personal information that we hold about you.
You have the right to not be discriminated against for exercising any of your CCPA rights. We will not discriminate against you, deny you services, charge you a different price, or provide you with a lesser quality of services if you exercise any of your CCPA rights.

Exercising Your Rights

To exercise any of your rights, please email us at info@andiasandiego.com. For all requests, you must provide us with your name, email address, phone number, and mailing address. We will verify your identity by matching the information we have collected against the information you have provided. Failure to provide the foregoing information may prevent us from processing your request.

If you have requested that we correct your personal information, we may contact you to request additional information about the personal information that you believe is inaccurate, including supporting documentation.

In order to designate an authorized agent to act on your behalf, you must send a signed, written authorization to us at info@andiasandiego.com.

Cookie Based Opt-Outs for Do Not Sell or Share for Cross Context Behavioral Advertising

We engage in online advertising practices (and certain analytics or similar activities), which may be considered a “sale” or “share” for cross-context behavioral advertising. In addition to contacting us, you may need to disable sharing through cookies set by third parties on our Sites. To manage your cookie preferences, please click here and ensure that Analytics and Advertising cookies are disabled

Global Privacy Control and Opt-Out Preference Signals

Some browsers or browser extensions also allow you to tell websites not to share your information for cross-contextual behavioral advertising through the “global privacy control” or other opt-out preference signals. If you have enabled Global Privacy Control or an opt-out preference signal on your browser or extension, we will honor such requests that can be recognized by our Site by disabling analytics and advertising cookies. We will respond to these signals in a frictionless manner. Please note that we may not be readily able to associate an opt-out preference signal with other personal information such as your email address. If you configure this setting on your browser, certain features on our site may not work and you will receive less targeted advertising. You will also only be opted out of online sales or sharing of personal information through your use of the global privacy control or opt-out signal, and will need to turn it on for each browser you use. Refer to the “Exercising Your Rights” above if you would like to extend your opt-out request beyond the online advertising practices described above.

10. Canada Privacy Rights

Your Rights

If you are a resident of Canada, subject to certain exceptions and limitations, you have the following rights:

Your right of access: Upon your written request, subject to certain exceptions, we will inform you of the existence, use, and disclosure of your personal information and will provide you with a copy of that personal information within the timeframes provided for by law. Access requests should be sent to us using the contact information below. We try to respond to all legitimate requests within one month. Occasionally, if required or permitted by law, it could take us longer than one month if your request is particularly complex or you have made a number of requests. In these cases, we will notify you and keep you updated. Depending on the scope of your request, or if you require additional copies, we may need to charge you a reasonable fee where permitted under law.
Your right to rectification: If the personal information we hold about you is inaccurate or incomplete, you are entitled to have it rectified. If you are entitled to rectification and if we’ve shared your personal information with others, we will let them know about the rectification where possible and where this would not involve disproportionate effort. If you ask us, where possible and lawful to do so, we will also tell you who we have shared your personal information with so that you can contact them directly.
Your right to be forgotten: If you are a resident of the province of Quebec, you have the right to control the dissemination of your personal information. As such, you may request that we de-index (i.e. delist from search results) any hyperlinks associated with your name and that provide access to your personal information if the underlying dissemination of your personal information contravenes the law or a court order, or if it otherwise causes serious injury to your reputation or privacy. This also includes your right to re-index (i.e. list in search results) any hyperlinks associated with your name where doing so can prevent the perpetuation of a serious injury to your reputation or privacy. You can contact us for assistance in deleting personal information previously provided to us. Please note that we will take a reasonable amount of time to process your request.
Your right to personal information portability: If you are a resident of the province of Quebec, you have the right, in certain circumstances, to obtain the personal information that you have provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
Your rights in relation to automated decision-making and profiling: If you are a resident of the province of Quebec, you have the right to know if we use your personal information to render a decision based exclusively on automated processing of such information. Upon request, you also have the right to know the categories of personal information used to render the decision, the reasons, and the principal factors that led to that decision. You have the right to correct the information used to render the decision, if you notice any inaccuracy. Lastly, you can submit observations in support to a request to review any automated decision reached using your personal information.
Your right to request information about data processing: You may contact us to request information about our data processing activities, namely what personal information was collected from you and how process it. You may ask us to clarify the categories of persons that have access to your personal information and the applicable retention period for that information.
Your right to withdraw consent, deactivate your account, or unsubscribe: You have the right to withdraw that your consent to our collection, use, and disclosure of personal information at any time. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Exercising Your Rights.

To exercise any of your rights, please email us at info@andiasandiego.com. For all requests, you must provide us with your name, email address, phone number, and mailing address. We will verify your identity by matching the information we have collected against the information you have provided. Failure to provide the foregoing information may prevent us from processing your request. If you have requested that we correct your personal information, we may contact you to request additional information about the personal information that you believe is inaccurate, including supporting documentation.

11. External Links

Our Privacy Policy applies only to your use of the Bosa Development website. This website may contain links to other sites. These sites are governed by their own privacy statements and policies, and Bosa Development is not responsible for their operations, including but not limited to their information practices. We do not disclose personal information to those operating linked sites and we are not responsible for their practices. Links to other sites do not disclose personal information to those operating linked sites and we are not responsible for their practices. Links to other sites do not imply our endorsement of the materials or policies on those websites. Bosa Development encourages you to review the privacy statements of websites you choose to link to from Bosa Development so that you can understand how those websites collect, use and share your information. Bosa Development is not responsible for the privacy statements or other content on websites outside of the Bosa Development and Bosa Development family of websites.

12. Disclaimer

Nothing in this Policy will restrict Bosa Development’s ability to otherwise:

Comply with federal, state, or local laws;
Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
Cooperate with law enforcement agencies concerning conduct or activity that the business, service provider, or third party reasonably and in good faith believes may violate federal, state, or local law; or
Exercise or defend legal claims.

13. Changes to this Policy

From time to time we may change our privacy policy. We will notify you of any material changes to our privacy policy as required by law. We will also post an updated copy on the website where this appears. Please check our website periodically for updates. The “Last Updated” legend above indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on any of our Sites.

14. Resolving Concerns and How to Contact Us

If you have questions or concerns regarding this Policy or the handling of your Personal Information, please email us at info@andiasandiego.com.

Effective August 24, 2024

Last Updated: May 2, 2024

Please Read Carefully Before Using This Website.

THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION AND WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. PLEASE REVIEW THE ARBITRATION SECTION FOR DETAILS.

Bosa Development and its affiliates and subsidiaries (“Bosa,” “we,” “us” or “our”) provides and maintains this website for information and communication purposes. These Terms of Use (“Terms”) govern your access to and use of our websites (bosadevelopment.com and andiasandiego.com) or any other website, mobile site, application, service, platform or other tool on which these terms are posted or appear (collectively, the “Website” or “Site”). “You” refers to you as a user of the Site.

If you do not accept these Terms or you do not meet or comply with their provisions, you may not use the Website.

1. Overview and General Disclaimer

BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS, BROWSE, OR USE THIS SITE OR THE CONTENT OR SERVICES HEREON.

2. Not An Offer To Sell

THIS IS NOT AN OFFER TO SELL ANY PROPERTY BUT INTENDED FOR INFORMATION ONLY. THE DEVELOPER RESERVES THE RIGHT TO MAKE MODIFICATION IN MATERIALS, SPECIFICATIONS, PLANS, PRICING, DESIGNS, SCHEDULING AND DELIVERY WITHOUT PRIOR NOTICE. RENDERINGS, PHOTOGRAPHY, ILLUSTRATIONS AND OTHER INFORMATION DESCRIBED HEREIN ARE REPRESENTATIVE ONLY AND ARE NOT INTENDED TO REFLECT ANY SPECIFIC FEATURE OR VIEW WHEN BUILT. NO REPRESENTATION AND WARRANTIES ARE MADE WITH REGARD TO THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION PUBLISHED HEREIN.

3. Changes to Terms

We, may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms upon which access and use of this Website is conditioned. You are responsible for complying with the most current version of the Terms of Use posted on the Website. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

4. Jurisdiction

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. We make no representation that the information, opinions, advice or other content on the Website is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

5. User Content

The Website may allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the Website and related services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Website), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Website, and to develop new services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Website.

You promise that:

a) you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
b) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Website for any reason.

6. Eligibility

You must be at least 13 years old to use the Website. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Website with permission from your parent or legal guardian.

7. Your Account

You may be required to register with us in order to access certain services or areas of the Website, including our resident portals. Our Privacy Policy explains how we protect and use your information. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, we reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders or services. If you register, you agree to provide us with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate suspension or termination of your account.

8. Copyrights and Trademarks

Other than User Content, we own or license all right, title, and interest in and to (a) the Website, including all software, text, media, and other content available on the Website (“Content”); (b) all building and property images and designs including floor plans, images and elevations; (c) our trademarks, logos, trade name, and brand elements (“Marks”); and (d) the trademarks, logos, trade name, and brand elements of third party licensors, suppliers and partners (“Third-Party Content”). The Website, Content, Third-Party Content and Marks are protected by United States and international laws and treaty provisions. The look and feel of the Website are copyright © Bosa Development. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any printout of this Website, or portions of the Website, must include our copyright notice. No right, title or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Website; create derivative works from, link to or frame in another website, use on any other website (including, without limitation, the HTML/CSS, Javascript, or visual design elements or concepts), transfer or sell any information obtained from this Website without our prior written permission. You may not use any metatags or any other "hidden text" utilizing any of our names or trademarks without our express written consent.

9. Links to Third-Party Websites

Links to third-party sites and information concerning them on this Website are provided solely as a convenience to you. We have not reviewed all of these third-party sites, do not control such sites, and are not responsible for their content or for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. We do not endorse or make any representations about them, or any information, software, or other products found there, or the results that may be obtained from using them. Please read the terms and conditions or terms of use policies and privacy policies of any site you may link to from our website. These Terms apply only to our Website and the associated products and services we offer. The third-party’s privacy policy and terms and conditions/terms of use apply to your use of the third-party site. If you decide to access any of the third-party sites linked to this Website, you do so at your own risk. We reserve the right to terminate any link or linking program at any time. We disclaim all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such third-party sites.

10. Hyperlinks to our Website

You are granted a limited, nonexclusive right to create a "hypertext" link to the Website provided that such link is to the entry or home page of this Website and does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by us at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Marks or other proprietary information including the Content or User Content found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without our express prior written consent in each instance. In addition, you may not use any meta-tags or any other "hidden text" utilizing our company name, Marks, or product or service name without express written consent from us in each instance.

11. Use of the Website

We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal use of the Website and Content and other information contained on the Website. This license does not include any resale or commercial use of the Website; any collection and commercial use of any of Content; any non-personal use of our product or service names, listings, descriptions, or prices; any derivative use of the Website; any downloading, copying, or other use of the Website or Content for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Website only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The licenses granted by us to you automatically terminate if you do not comply with these Terms.

You are responsible for your use of the Website, and for any use of the Website made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Website, you may not:

a) violate any law or regulation;
b) violate, infringe, or misappropriate others’ intellectual property, privacy, publicity, or other legal rights;
c) post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
d) send unsolicited or unauthorized advertising or commercial communications, such as spam;
e) engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website;
f) transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
g) stalk, harass, or harm another individual;
h) impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
i) use any means to scrape or crawl any Web pages contained in the Website;
j) attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;
k) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website;
l) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content and/or User Content or enforce limitations on use of the Website or any such content therein or
m) advocate, encourage, or assist any third party in doing any of the foregoing.

12. DMCA Copyright Policy and Copyright Agent

We respect the intellectual property rights of others. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe something on this Website has infringed your intellectual property rights, please notify our Copyright Agent named below and provide the following information:
a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) identification of the copyrighted work claimed to have been infringed;
c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
d) your address, telephone number and, if available, an electronic mail address where we may contact you;
e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:
Jesse A. Salen
+1 858-720-8964
JSalen@sheppardmullin.com

Sheppard Mullin
12275 El Camino Real, Suite 100
San Diego, CA 92130-4092
+1 858-720-8900
www.sheppardmullin.com

Only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

a) your physical or electronic signature;
b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
d) your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your physical address is located or, if that is outside of the United States, then to a federal court in Phoenix, Arizona, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

13. Disclaimer of Warranties and Limitation of Liability

THE WEBSITE AND OUR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS SITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT WE AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED TWENTY-FIVE HUNDRED UNITED STATES DOLLARS (USD $2,500).

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

14. Fair Housing / Equal Housing Opportunity

We are an Equal Housing Opportunity company, which means we (as well as all of its affiliated entities and employees) complies with the Fair Housing Act and other applicable federal, state and local anti-housing discrimination laws. The Fair Housing Act prohibits discrimination in housing because of race, color, national origin, religion, sex, disability and familial status. We also operate in states and local jurisdictions, which have additional fair housing laws and added protected classes. We also comply with those laws and regulations. As such, properties identified in this Site are subject to the Fair Housing Act and its state law counterparts. We will not knowingly permit or allow any discriminatory conduct in the sale of properties that violates applicable law. Complaints concerning discriminatory practices in housing may be filed with the local office of the U.S. Department of Housing and Urban Development.

15. Models and Lifestyle Photos

Models/lifestyle photos do not reflect age, racial, ethnic or lifestyle preference.

16. Inaccuracy Disclaimer

From time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

17. Browsing Session Information

We use technology that maintains a record of your browsing session. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes.

18. Privacy

Our Privacy Policy explains how we collect, use and protect, and when we share, personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account, and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

19. Termination

We reserve the right to not provide the Website to any person. We also reserve the right to terminate any user’s right to access the Website at any time, in our discretion. If you violate any of these Terms, your permission to use the Website automatically terminates.

20. Informal Dispute Resolution

We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing, at info@andiasandiego.com and AChamberlayne@bosadevelopment.com of the nature of this dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. During the 60 days following receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those 60 days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing an arbitration. You and we agree to toll the statute of limitations and any filing fee deadlines while the parties engage in this informal dispute resolution process. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

22. Arbitration Agreement & Waiver of Certain Rights

You and we agree that, except as set forth below, we will resolve any controversies, claims, counterclaims or other disputes between you and us or you and our agent (a “Claim”) through final and binding arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim to AChamberlayne@bosadevelopment.com . This letter must be sent at least five days before you initiate an arbitration proceeding against us.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or us from seeking action by federal, state or local government agencies. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. The arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either you or we seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with us.

Mass Arbitration Process Requirements

If 25 or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and our counsel shall each select 10 cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial 20 proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and we will pay the mediator’s fee. If the parties are unable to resolve the remaining matters through mediation at this time, then each side shall select 20 cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process (if there are fewer than 40 claims remaining, all shall proceed). The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the 40 proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and we will pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with 100 cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section regarding “Disputes” from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against us. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

23. Limitation on Time to File Claims

Regardless of any statute or law to the contrary, all Claims must be filed within one (1) year after such Claim arose, or else that Claim will be barred forever.

24. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold us and our Affiliates harmless from and against any claims, costs, proceedings, actions, demands, losses, damages, expenses, liabilities and settlements, including without limitation, reasonable legal and accounting fees, of any kind or nature, relating to, resulting from or alleged to result from your violation of these Terms by you or anyone using your account. If we assume the defense of such matter, you will reasonably cooperate with us in such defense.

25. Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms shall be governed in all respects by the laws of the State of California, USA, without reference to its conflict of laws or choice of law rules.

You agree that any action of whatever nature relating to these Terms or the Website will be filed only in the state or federal courts located in San Diego, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

You may have other agreements with us. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with us.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

If you would like additional information regarding these Terms, please contact us at info@andiasandiego.com.

PLEASE PRINT THESE TERMS FOR YOUR RECORDS AND CHECK THE SITE FREQUENTLY FOR CHANGES TO THE TERMS.

EFFECTIVE DATE: [AUGUST 24, 2024]

TERMS LAST UPDATED: [MAY 2, 2024]

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