TERMS OF USE
Last Updated: January 1, 2026
IMPORTANT — 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 MANAGEMENT, LLC.
These Terms of Use (“Terms”) govern your access to and use of the website operated by Birch Haven Management, LLC (“Company,” “we,” “us,” or “our”), including all related pages, content, features, and services (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. Access from territories where such access is illegal is prohibited. You are solely responsible for compliance with all applicable local, state, and federal laws in connection with your use of the Site.
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.
Certain features of the Site may require you to register for an account. By registering, you represent and warrant that: (a) you are a resident of the United States and are at least 18 years of age and of the age of majority in your state of residence; (b) all information you provide during registration is truthful, accurate, and complete; (c) you will maintain the accuracy of such information and update it as necessary; (d) you will comply with all Terms; and (e) you will not use the Site for any unlawful or unauthorized purpose.
You are solely responsible for maintaining the confidentiality of your account and password and for all activity that occurs under your account. You shall not permit any other person to use your credentials to access the Site. If you believe your account has been compromised, notify us immediately at Info@BirchHaven.com. We reserve the right to remove, reclaim, or change any username we determine, in our sole discretion, to be inappropriate, obscene, or otherwise objectionable.
We reserve the right to suspend or terminate your account and refuse current or future use of the Site if any information you provide is untrue, inaccurate, or incomplete, or if you violate these Terms.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for your personal, non-commercial use. You may download or print content from the Site only as necessary for personal, non-commercial reference.
You may not: (i) decompile, reverse engineer, disassemble, or attempt to derive the source code of any software on the Site; (ii) make any modifications, adaptations, or derivative works from the Site or its content; (iii) use the Site to create a product or service that is competitive with or a substitute for any services we offer; (iv) remove, alter, or obscure any proprietary notices on the Site; (v) sublicense, transfer, sell, resell, or otherwise exploit any portion of the Site or its content for any commercial purpose; or (vi) rent, lease, lend, or transfer your license or any rights granted herein. Any attempted transfer in violation of this provision is null and void.
You agree not to use the Site to:
(a) Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
(b) Harm minors in any way;
(c) Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
(d) Upload or transmit content that you do not have a right to transmit under any law or contractual obligation, including confidential or proprietary information;
(e) Upload or transmit content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(f) Upload or transmit any material containing software viruses, worms, trojan horses, logic bombs, or any other code designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment;
(g) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any applicable requirements of such networks;
(h) Violate any applicable local, state, national, or international law;
(i) Stalk, harass, or otherwise harm another person;
(j) Collect or store personal data about other users without authorization;
(k) 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;
(l) Attempt to gain unauthorized access to any portion of the Site, its servers, or any connected systems;
(m) Conduct or facilitate a denial-of-service or distributed denial-of-service attack against the Site;
(n) Upload, post, or transmit any content that constitutes spam, junk mail, chain letters, pyramid schemes, or unsolicited commercial communications; or
(o) Use the Site in any way that violates any applicable federal, state, or local law or regulation.
The Site may allow you to post, upload, submit, or otherwise contribute content, including text, images, comments, reviews, and other materials (“User Content”). By submitting User Content, you represent and warrant that: (a) you are the creator and owner of, or have all necessary rights and permissions to submit, such content; (b) your content does not infringe the intellectual property rights, privacy rights, or other rights of any third party; (c) your content is accurate and not misleading; and (d) your content does not contain obscene, libelous, defamatory, abusive, or otherwise objectionable material.
By submitting User Content, you grant Birch Haven Management, LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, display, distribute, modify, translate, and create derivative works from such content in connection with the Site and our services. You waive any claims related to moral rights or right of publicity arising from such submission.
We do not pre-screen User Content but reserve the right, in our sole discretion, to refuse, remove, or disable access to any User Content at any time and for any reason, including content that violates these Terms or any applicable law.
Any questions, comments, suggestions, ideas, feedback, or other information you voluntarily provide to us (“Submissions”) shall be deemed non-confidential and shall become our sole property. We shall own all intellectual property rights in such Submissions and may use them for any lawful purpose without acknowledgment or compensation to you.
If the Site provides areas for reviews or ratings, you agree to: (a) only post reviews based on your own firsthand experience; (b) not include offensive, profane, abusive, racist, or hateful language; (c) not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (d) not reference illegal activity; (e) not post false or misleading statements; and (f) not organize campaigns to post coordinated reviews. We reserve the right to accept, reject, or remove reviews in our sole discretion without any obligation to do so.
All content on the Site — including text, graphics, logos, button icons, images, audio and video clips, data compilations, software, and other materials (collectively, “Content”) — is the property of Birch Haven Management, 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 obtain no ownership rights in any Content by accessing the Site. Rather, you have a limited, non-exclusive, revocable license to use the Site and its Content solely as permitted by these Terms.
Our trademarks, service marks, and trade names may not be used in any advertising, publicity, or other commercial manner without our prior written consent.
We respect the intellectual property rights of others. All content posted to the Site must comply with applicable copyright law. If you believe that your copyrighted work has been copied, reproduced, or exhibited 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, with sufficient detail to allow us to locate it;
(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 Management, LLC 324 N. Dale Mabry Hwy STE 301 Tampa, FL 33609 Email: Info@BirchHaven.com Phone: (813) 444-4995
The Site may contain links to third-party websites or resources not under our control. We provide such links for informational purposes only and do not endorse, and are not responsible or liable for, the content, products, services, privacy practices, or any other materials on or available from such third-party sites.
Your use of third-party websites is at your own risk and is subject to the terms and conditions of those sites. We recommend that you review the applicable terms and privacy policies of any third-party site you visit. Any transactions you conduct with third parties found through the Site are solely between you and such third parties, and we have no liability for any loss or damage arising from such dealings.
Birch Haven Management, LLC is committed to full compliance with all applicable federal, state, and local fair housing laws, including the United States Fair Housing Act. We do not discriminate against any person on the basis of race, color, religion, national origin, sex, familial status, disability, or any other class protected by applicable law. Any content submitted through the Site must similarly comply with all applicable fair housing laws and regulations. We reserve the right to immediately remove any content that we determine, in our sole discretion, to violate or potentially violate fair housing laws, and to terminate services to any user who repeatedly posts such content.
THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES 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 MANAGEMENT, 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIRCH HAVEN MANAGEMENT, 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, LOSS OF OPPORTUNITY, PERSONAL INJURY, PROPERTY DAMAGE, 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 MANAGEMENT, 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.
You agree to indemnify, defend, and hold harmless Birch Haven Management, LLC and its subsidiaries, affiliates, officers, directors, agents, employees, co-branders, and partners 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 User Content or Submissions; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your violation of the rights of any third party; or (f) your negligence or willful misconduct.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
By registering on the Site or opting into our SMS messaging service, you consent to receive electronic communications from us, including email and text messages. These communications may include, but are not limited to, rental payment reminders, maintenance updates, lease-related information, and other property management-related communications.
For SMS communications: Message and data rates may apply. Message frequency varies. You may opt out at any time by replying STOP to any text message or by contacting us at Info@BirchHaven.com. Reply HELP for assistance.
Consent to receive SMS messages is not a condition of any purchase, lease, or agreement with us. We will not share your SMS opt-in data or consent status with third parties for purposes unrelated to providing you with our services, except as necessary to facilitate delivery of the communications (e.g., platform providers and telecommunications carriers).
You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You hereby waive any rights or requirements under any applicable law requiring an original signature or non-electronic records to the fullest extent permitted by law.
Your use of the Site is also 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, and protect your personal information.
We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Site or any portion thereof, with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
These Terms are effective from the date of your first access to the Site and shall continue in full force and effect for as long as you continue to use the Site. We may terminate or suspend your access to the Site immediately, without prior notice or liability, if you breach any provision of these Terms, if we determine that your use poses a risk of harm, or for any other reason in our sole discretion.
Upon termination, you must immediately cease all use of the Site. If we terminate your account, you are prohibited from re-registering under any name or account without our prior written consent. We reserve the right to pursue all available legal remedies in connection with any violation of these Terms.
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.
You agree that, regardless of any statute or law to the contrary, 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.
21.1 Entire Agreement. These Terms, together with our Privacy Policy and any other policies or guidelines posted on the Site, constitute the entire agreement between you and Birch Haven Management, LLC with respect to your use of the Site, and supersede all prior or contemporaneous agreements, negotiations, and understandings, whether oral or written, relating to the same subject matter.
21.2 Severability. If any provision of these Terms is found by a court of competent jurisdiction 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.
21.3 Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any breach of these Terms shall be deemed a continuing waiver or a waiver of any subsequent breach.
21.4 Assignment. You may not assign these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, at any time without notice to you, provided that any assignee agrees to be bound by the terms hereof.
21.5 Force Majeure. We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riot, governmental action, labor disputes, fire, flood, storm, natural catastrophe, power outages, or disruptions in internet connectivity.
21.6 No Agency. Nothing in these Terms creates any joint venture, partnership, employment, or agency relationship between you and Birch Haven Management, LLC.
21.7 Survival. The following sections shall survive the expiration or termination of these Terms for any reason: Sections 6, 8, 9, 10, 12, 13, 14, 19, 20, and 21.
21.8 Updates by Electronic Notice. We may provide notices, updates, and other communications to you electronically via email or by posting on the Site. Such electronic communications satisfy any requirement that communications be in writing.
22. CONTACT US
For questions, concerns, or to report a violation of these Terms, please contact us at:
Birch Haven Management, LLC 324 N. Dale Mabry Hwy STE 301 Tampa, FL 33609 Phone: (813) 444-4995 Email: Info@BirchHaven.com
