Property owners and managers are subject to the federal Fair Housing Act, which prohibits "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination." Property owners and managers in Philadelphia are also subject to state and local fair housing laws which, in addition to the foregoing protected classes, prohibit discrimination against applicants and tenants because of their: sexual orientation; gender identity; ancestry; marital status; age; source of income; domestic or sexual violence victim status; or the use of a guide or support animal because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support of guide animals.
Post Brothers supports Equal Housing Opportunity and we encourage users of the Website to follow appropriate guidelines to comply with federal Fair Housing Act as well as any applicable state and local regulations. All renters are hereby informed that all property rental offers are available on an equal opportunity basis.
As someone seeking to rent an apartment, home or condo, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, ornational origin, sexual orientation, gender identity, ancestry, marital status, age, source of income, domestic or sexual violence victim status, or the use of a guide or support animal because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support of guide animals. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the pricing or financing of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your fair housing rights.
PROMOTION DETAILS & CONCESSIONS
Concessions are always applied as a one-time credit starting on the 2nd month (or 3rd if the move in date is after the 23rd ) Different specials must be separated. Example: John Smith is eligible for 2 months free and a medical professional discount – The two months free will be applied on the 2nd and last months. Medical discount will be applied on the 3rd month. 1 month concessions are applied on the 2nd month (3rd month if move-in date is after 23rd. 2 month concessions are applied to the 2nd and last month (3rd month if move-in date is after 23rd. Resident Referral credits are applied after 45 days of residency. Non-resident referrals are paid after 45 days of residency.
Healthcare Worker/City Worker/Industry/Teacher Offer: Applicable occupations include hospital workers, private practice (Doctor, PA, Medical Assistant, Nurse Practitioner), Dental Field (Dentist, Hygienist, Dental Assistant), Pharmacist, Nursing Field, Psychology/Psychiatry (includes Licensed Therapists), EMT. Pharmaceutical sales, medical device sales, or those who work for pharma or medical sales companies do NOT qualify for the Healthcare Worker Special. Medical, Dental, Nursing students do not qualify for Healthcare Worker Special UNLESS they are currently employed at a hospital and must provide most recent pay stubs. This includes residency candidates who recently graduated from medical school. Based on occupation, applicants must provide one of the following: Valid ID Badge, Most recent pay stub or Offer Letter, Active Medical/Nursing License or Certification from the State Board, Active License or certificate from the State Board.
City Worker: Applicable occupations include Philadelphia Police Department, Philadelphia Fire Department, Sanitation Worker, CITY elected official, Philadelphia Parking Authority. Applicants must provide one of the following: Most recent pay stub or Offer Letter, Valid ID Badge.
Teacher: Applicable occupations include K-12 Teacher, Teacher Aid, Principal, Vice Principal, Professors, Deans, University employees. Applicants must provide the following Valid ID Badge, Most recent pay stub or Offer Letter, Teaching certificate if recent graduate (Students do not qualify).
Armed Forces: Any Branch of the US Military. Applicants must provide the following: Valid Military ID and Most recent pay stub.
Industry Workers (applicable to The Poplar and The Piazza): Applicable occupations include restaurant employees, bartender, server, entertainment/nightlife. Applicants must provide the following: Most recent pay stub or Offer Letter.
THE INFORMATION WE COLLECT
When you use our Site, we may collect and use information we receive from you. “Personal Information” generally means any information that identifies you as an individual, and any other information we associate with it. We collect a few categories of Personal Information, from a few different sources when you use our Site:
Information You Voluntarily Provide to Post Brothers: Profile information and other content that you voluntarily provide to us when you use our Site may include:
Username and password associated with your User Account;
Name, physical address, e-mail address, telephone number, and any other personal profile or account information you affirmatively provide to us for any reason or purpose;
Any content or contributions you post on the Site, which includes photos or comments on any forums;
Payment information submitted in connection to online transactions;
Any information you provide in communications with us, such as via e-mail or our online information card.
Information That is Passively Collected: Information that is passively collected when you use the Site may include:
Our system may record certain information about visitors to our Site, including such information as your browser type or your Internet Protocol (IP) address, mobile device identifiers, browser information, interaction with the Site, pages viewed, and other such information. We may collect similar information from emails you receive from us that can help us track which emails are opened and which links are clicked by recipients. We may from time to time retain third parties to help us collect and aggregate Personal Information from users of the Site.
We are a general audience service and do not use the Site to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without such parental consent. If you are a child under thirteen (13) years of age, you are not permitted to use the Web Site and should not send any information about yourself to us through the Web Site. In the event that we become aware that we have collected personal information from any child, we will dispose of that information, or otherwise treat it, in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us at email@example.com.
HOW WE MAY USE PERSONAL INFORMATION
We may use Personal Information as permitted by law, for the following purposes:
Provide you with services or process transactions that you have requested;
Communicate with you regarding information, features or offers that we believe will be of interest to you;
Respond to your questions or other requests;
Contact you with regard to the Site or services provided to you by Post Brothers;
Process or communicate with you about applications, payments or changes to your account information;
Process other information or Personal Information that you submit through the Site;
Conduct user surveys;
Contact you regarding a sweepstakes, contests or promotions in which you have participated;
Fulfill other purposes disclosed at the time you provide your Personal Information;
We also may disclose Personally Information if we are required to do so by law or we in good faith believe that such action is necessary to (i) comply with the law or with legal process, (ii) protect and defend our rights and property, (iii) protect against misuse or unauthorized use of the Site, or (iv) protect the personal safety or property of our users or the public. Please note that we may not provide you with notice prior to disclosure in such cases.
HOW WE MAY SHARE PERSONAL INFORMATION
To the extent permitted by law, all of your Personal Information may be disclosed with the following categories of third parties:
to our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other services, to enable them to provide services;
to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings);
in connection with the essential purposes described above (e.g., to comply with legal obligations);
to any third parties or governmental authorities where disclosure is required by law, regulation, court order or other reasonably binding legal obligation, as determined in Post Brother’s sole discretion.
To the extent permitted by law, your name and contact information (and other public information) may be disclosed with the following categories of third parties:
to third-party strategic partners with whom we may enter into a special relationship for promotional activities, where permitted by law;
To the extent permitted by law, information that is passively collected when you use the Site may be disclosed with the following categories of third parties:
our online and email advertisers or other third party vendors we use who may provide cookies, pixel tags, web beacons, clear GIFs or other similar technologies for use on our Site or other websites to manage and improve our online and email advertising campaigns.
If you decide that you do not wish to receive communications from Post Brothers, you can contact us at the email or postal address provided in the Contact Us section below and indicate that you no longer want to receive information relating to this Site. Please specify which types of communications you no longer wish to receive, and the relevant telephone number, address, and/or e-mail address. If you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages.
You may also opt-out of the sale of your personal information by clicking: “DO NOT SELL MY PERSONAL INFORMATION." You may have the right under applicable law to make certain requests about the Personal Information we collect or maintain about you, and who we disclose it to. This may include the following:
Request for Disclosure of use. You may have the right under applicable law to request a copy of the following: (1) The categories of personal information we collected about you; (2) The categories of sources from which the Personal Information is collected; (3) The business or commercial purpose for collecting or selling the Personal Information; (4) The categories of third parties with whom we share Personal Information; and (5) The specific pieces of personal information we have collected about you.
Request for Deletion of Personal Information. You may have the right under applicable law to request that we delete your personal information. Note that deletion requests are subject to certain limitations, for example, we may retain personal information as permitted by law, such as for recordkeeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.
To exercise any of these rights, please contact us by using any of the methods set forth in the Contact Us section below. We will respond as required by applicable law and as otherwise deemed appropriate in our reasonable discretion under the circumstances. We do not discriminate against individuals who exercise any of these rights. If you have given us information for one of the third parties we mentioned above and we have already passed it on, we cannot delete or change the information.
CONSENT AND JURISDICTION
We take reasonable steps to secure your Personal Information. However, no data storage or transmission can be guaranteed to be completely secure and without risk. Thus, no storage or processing of your Personal Information or other information on the Web Site, or on other servers or databases to which the information may be transferred, can be guaranteed to be completely secure. Please consider this prior to submitting your Personal Information to us.
CONSENT TO TRANSFER
We welcome your questions, comments and all feedback pertaining to your privacy or any other issue with regard to this Site. You may contact us by:
Attn: Marketing Dept.
1021 N. Hancock Street – Suite 1
Philadelphia, PA 19123
Terms of Service
This website "Site" is owned and operated by Post Brothers Commercial Real Estate LLC, its subsidiaries and affiliates (collectively, "Post Brothers"). Please read these Terms of Service carefully before using this Site. By accessing or using this Site in any way, including without limitation, browsing this Site, using any information, and/or submitting any content or personal information to Post Brothers, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the "Terms"), including conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Pennsylvania law.
This Site is for your personal and noncommercial use. All contents of this Site are: ©Post Brothers. All rights reserved. Post Brothers, Post Commercial Real Estate LLC and the Post Brothers logo are trademarks of Post Brothers. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video and graphics (the "Content"), and the entire selection, coordination, arrangement and "look and feel" of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, "Intellectual Property Rights"). Neither these Terms nor your use of this Site transfers any right, title or interest in the Site or the Content to you, and Post Brothers and its third-party licensors retain all of its and their respective right, title and interest to the Site and Content.
Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of Post Brothers.
This Site is available worldwide to anyone with internet access. However, this Site may not be continuously available due to maintenance or repairs, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
Certain materials on this Site may be furnished by third parties, including any advertisements. Certain product, service, or company designations for companies other than Post Brothers may be mentioned in the Site for identification purposes only. Third party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.
For your convenience, Post Brothers makes its screening criteria, leasing application and sample lease packet available through this Site so that visitors to the Site may review these materials before submitting an application. Please note that the sample lease packet may contain forms and addendums that may not pertain to all Post Brothers properties. If you have a question regarding a particular form or addendum in the sample lease packet and whether or not it is applicable to a Post Brothers property, please contact us at the email address below.
In addition, you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Site, or by means other than the Site, including without limitation via our social media pages and accounts such as Facebook, Twitter, LinkedIn, etc.) (the “Submissions”), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivatives thereof. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions.
By using this Site, you agree to not:
delete, modify, hack or attempt to change or alter any of the Content on the Site;
use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site;
use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;
use any Post Brothers names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
provide false information on your registration form, or impersonate someone else; or
use the Site in an unlawful manner or for an unlawful purpose that would be in violation of any applicable laws, statutes, rules, regulations, ordinances or the like.
Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:
The Content is used solely for personal, informational, or internal business purposes;
the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
the Content is not modified or altered in any way; and
no graphics are used separately from accompanying text.
You may also link or hyperlink to the home page of the Site from any Permitted Site (as defined below), but only if:
You do not frame the Site or any portion of the Site;
you do not deep link into the Site (i.e., you do not link into any page other than the home page);
the hyperlink to the Site is not used in a way that suggests that Post Brothers endorses you or your website;
the link to the Site is not used or presented in any way that disparages Post Brothers or tarnishes, blurs or dilutes the quality of Post Brothers’ names or trademarks or any associated goodwill; and
the link to the Site is not displayed on any web page that displays objectionable content or links.
A "Permitted Site" means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.
Modifications to Terms and Site
Post Brothers may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site. Post Brothers reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, 2, this Section 4, 6 and 9-15 of these Terms shall survive any termination. Post Brothers may also impose limits on certain features and services, restrict your access to parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that Post Brothers will not be liable to you or any third party in the event that Post Brothers exercises its right to modify or terminate access to the Site or portions of the Site.
Text Consent Terms & Conditions
Other Sites, Content, Products and Services
While we strive to keep the Content that we post on the Site accurate, complete, and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content on this Site is accurate, complete, timely or applicable to you.
Apartment Buildings and Units
Stated square footages and dimensions are estimates which will vary with actual construction, and all floor plans, specifications and other plans are subject to change and will not necessarily accurately reflect the final plans and specifications for the apartment units. All plans, features and amenities depicted herein are subject to change without notice in the manner provided in the leaasing documents. No guarantees or representations whatsoever are made that any plans, features, amenities or facilities will be provided or, if provided, will be of the same type, size, location or nature as depicted or described herein. Plans, features, and/or amenities may be provided at an additional cost. Renderings and phots depict possible views, which are not identical from each unit. No guarantees or representations whatsoever are made that existing or future views of an apartment and surrounding areas will be provided or, if provided, will be as depicted or described herein. Any view from an apartment unit of from other portions of the property may in the future be limited or eliminated by future development or forces of nature and Post Brothers in no manner guarantees the continuing existence of any view. Restaurants and other business establishments and/or any operators of same referenced herein are subject to change at any time, and no representations regarding restaurants, businesses and/or operators within the building may be relied upon. Restaurants, and/or other business establishments, are anticipated to be operated from the commercial components of the building which will be offered for lease to third parties in Post Brothers’ sole discretion.
Post Brothers respects the intellectual property rights of others, and expects its users to do the same, in accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. In accordance with 17 USC § 512(c)(3), Post Brothers will respond expeditiously to claims of copyright infringement committed by third parties on this Site if such claims are reported to Post Brothers’ Designated Copyright Agent identified below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement and delivering it to Post Brothers’ Designated Copyright Agent. Upon receipt of Notice as described below, Post Brothers will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from this web site. Please note that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid.
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by your Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Post Brothers’ Designated Copyright Agent:
1021 N. Hancock Street – Suite 1
Philadelphia, PA 19123
Post Brothers does not condone or tolerate copyright infringement or any violation of the intellectual property rights of Post Brothers or of others. It is Post Brothers’ policy to provide for the termination, in appropriate circumstances, of access to the Site for users who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
Equal Housing Opportunity
Post Brothers communities are equal housing opportunities. We are committed to the letter and spirit of all fair housing laws. Post Brothers does not discriminate in its housing based on race, color, religion, national origin, sex, familial status, disability, gender, gender identity, sexual orientation, or any other characteristic protected by law.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE (“SITE CONTENT”), ARE PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. POST BROTHERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. POST BROTHERS MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE. TO THE EXTENT THAT THE SITE CONTENT CONFLICTS WITH ANY SUBSEQUENT WRITTEN AGREEMENTS ENTERED INTO BY YOU AND POST BROTHERS, OR OUR AFFILIATED ENTITIES, THOSE SUBSEQUENT WRITTEN AGREEMENTS SHALL CONTROL AND SUPERSEDE ANYTHING FOUND ON THIS SITE.
Limitation of Liability
IN NO EVENT SHALL POST BROTHERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF POST BROTHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Actions Brought Against Post Brothers
You agree that any claim or cause of action arising out of these Terms or your use of this Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Post Brothers to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, Post Brothers may seek injunction or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Philadelphia, Pennsylvania, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania or to any Federal Court located within the Eastern District of Pennsylvania for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 13 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Philadelphia, Pennsylvania.
You hereby acknowledge (a) that you have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.
16. Contact Information
1021 N. Hancock Street – Suite 1
Philadelphia, PA 19123
Attn: Marketing Dept.