TERMS OF USE
Last Updated: January 1, 2026
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. BY ACCESSING OR USING THIS SITE, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH BIRCH HAVEN, LLC.
1. ACCEPTANCE OF TERMS
These Terms of Use ("Terms") govern your access to and use of the website operated by Birch Haven, LLC ("Company," "we," "us," or "our"), including all related pages and content (collectively, the "Site"). By accessing or using the Site, you ("you" or "User") acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you are not permitted to access or use the Site and must discontinue use immediately.
The Site is intended for use only by persons located in the United States. We make no representation that the Site or its content is appropriate or available for use in other locations. You are solely responsible for compliance with all applicable local, state, and federal laws in connection with your use of the Site.
2. MODIFICATIONS TO TERMS
We reserve the right to modify these Terms at any time, in our sole discretion. Changes will become effective immediately upon posting to the Site. We will update the "Last Updated" date at the top of this page when changes are made. Your continued use of the Site after any modifications constitutes your acceptance of the revised Terms. You are responsible for periodically reviewing these Terms to stay informed of updates.
3. INTELLECTUAL PROPERTY AND OWNERSHIP
All content on the Site — including text, graphics, logos, images, data compilations, and other materials (collectively, "Content") — is the property of Birch Haven, LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. All rights not expressly granted herein are reserved.
You are granted a limited, non-exclusive, revocable license to access and view the Site solely for your personal, non-commercial informational use. You may not reproduce, distribute, modify, create derivative works from, publicly display, sell, or otherwise exploit any Content without our prior written consent.
Our trademarks, service marks, and trade names may not be used in any advertising, publicity, or other commercial manner without our prior written consent.
4. PROHIBITED USES
You agree not to use the Site to:
(a) Violate any applicable local, state, national, or international law or regulation;
(b) Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
(c) Use any spider, robot, bot, scraper, crawler, data miner, or other automated process or device to access, acquire, copy, or monitor any portion of the Site or its content;
(d) Attempt to gain unauthorized access to any portion of the Site or its servers;
(e) Conduct or facilitate a denial-of-service or distributed denial-of-service attack against the Site;
(f) Upload or transmit any material containing software viruses, worms, trojan horses, or any other code designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment; or
(g) Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site.
5. CONTACT FORMS AND INFORMATION COLLECTION
The Site offers contact forms and similar features through which you may submit your name, email address, phone number, and other information to us. By submitting information through any contact form on this Site, you acknowledge and agree to the following:
(a) You are affirmatively opting in to be contacted by Birch Haven, LLC and any of its subsidiary companies — including but not limited to Birch Haven Management, LLC and Birch Haven Real Estate, LLC — regarding the products and services offered by those subsidiaries.
(b) Your submission constitutes your express written consent to be contacted by us and our subsidiaries via telephone, email, and text message, including through the use of automated or pre-recorded communications where permitted by applicable law, at the contact information you provide.
(c) Consent to be contacted is not a condition of any purchase, lease, or agreement.
(d) You may opt out of such communications at any time by replying STOP to any text message, following the unsubscribe instructions in any email, or contacting us directly at Info@BirchHaven.com or (813) 444-4995.
(e) Your submission of information through any contact form is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
6. PRIVACY
Your use of the Site, including any information you submit through contact forms or other features, is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for information regarding how we collect, use, share, and protect your personal information.
7. THIRD-PARTY LINKS
The Site contains links to websites operated by our subsidiaries and affiliated companies, as well as other third-party websites. We provide all such links for informational and navigational purposes only. We do not endorse, and are not responsible or liable for, the content, products, services, privacy practices, or any other materials on or available from any linked site, including our subsidiary websites.
Your use of any linked website is at your own risk and subject to the terms and conditions of that site. Any transactions or dealings you conduct through linked third-party sites are solely between you and those third parties. We have no liability for any loss or damage arising from such dealings.
8. DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BIRCH HAVEN, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE SITE. THE CONTENT ON THE SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE FINANCIAL, LEGAL, ACCOUNTING, REAL ESTATE, OR INVESTMENT ADVICE. YOU SHOULD ALWAYS SEEK QUALIFIED PROFESSIONAL ADVICE BEFORE MAKING DECISIONS BASED ON INFORMATION FOUND ON THE SITE.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIRCH HAVEN, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR BUSINESS INTERRUPTION, REGARDLESS OF THE CAUSE AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BIRCH HAVEN, LLC ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. DMCA — COPYRIGHT INFRINGEMENT CLAIMS
We respect the intellectual property rights of others. If you believe that your copyrighted work has been reproduced on the Site in a manner that constitutes copyright infringement, please submit a written notice to our designated copyright agent containing the following information, as required by 17 U.S.C. § 512(c)(3):
(a) An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
(b) A description of the copyrighted work you claim has been infringed;
(c) A description of where the allegedly infringing material is located on the Site;
(d) Your name, mailing address, telephone number, and email address;
(e) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please consult your legal advisor before submitting a notice. You may be held liable for damages, including costs and attorney's fees, for material misrepresentations in a DMCA notice.
Copyright Agent: Birch Haven, LLC 324 N. Dale Mabry Hwy STE 301 Tampa, FL 33609 Email: Info@BirchHaven.com Phone: (813) 444-4995
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Birch Haven, LLC and its subsidiaries, affiliates, officers, directors, agents, and employees from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or resulting from: (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of the rights of any third party.
12. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The exclusive venue for any dispute, claim, or action arising out of or relating to these Terms or your use of the Site shall be in the appropriate state or federal courts sitting in Hillsborough County, Florida, and you hereby irrevocably consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
13. STATUTE OF LIMITATIONS
You agree that any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
14. GENERAL PROVISIONS
14.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Birch Haven, LLC with respect to your use of the Site and supersede all prior or contemporaneous agreements and understandings relating to the same subject matter.
14.2 Severability. If any provision of these Terms is found to be illegal, invalid, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
14.3 Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
14.4 Assignment. You may not assign these Terms without our prior written consent. We may assign or transfer these Terms at any time without notice to you.
14.5 Force Majeure. We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, governmental action, fire, flood, storm, power outages, or disruptions in internet connectivity.
14.6 No Agency. Nothing in these Terms creates any joint venture, partnership, employment, or agency relationship between you and Birch Haven, LLC.
14.7 Survival. Sections 3, 5, 6, 8, 9, 10, 11, 12, 13, and 14 shall survive the expiration or termination of these Terms.
15. CONTACT US
For questions, concerns, or to report a violation of these Terms, please contact us at:
Birch Haven, LLC 324 N. Dale Mabry Hwy STE 301 Tampa, FL 33609 Phone: (813) 444-4995 Email: Info@BirchHaven.com