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Privacy Policy

This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of personal information.

What information do we collect?

We collect information provided through form fields such as your name, email address, mailing address, phone number or other information about your industry. This information is for internal use only and is not shared with any third parties, with the exception of HubSpot, our CRM database.

How do we use your information?

We may use the information we collect from you in the following ways:

  • To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To allow us to better service you in responding to your customer service requests.
  • To administer a contest, promotion, survey or other site feature.

How do we protect visitor information?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained within secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential.

Cookies

Cookies are files with a small amount of data that are commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.

Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and to know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.

Do we disclose the information we collect to outside parties?

We do not sell, trade or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below.

The term “outside parties” does not include our business. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you (such as HubSpot), so long as those parties observe best practices in keeping this information confidential.

We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Links to Other Sites

Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

Changes to our policy

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on September 11, 2020.

Your consent

By using our site, you consent to our privacy policy.

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.

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5TH AVENUE CAR CLUB

THE SKY GALLERY™ AUTOMATED VERTICAL VEHICLE STORAGE

Terms & Conditions

Documentation. Your Storage Space Reservation Agreement (the “Agreement”) is made up of the following documents:
Final Price Sheet: The Final Price Sheet will be provided to you as your storage space availability date nears. It will include final pricing for your reserved storage space, including any applicable
taxes and fees.

Terms & Conditions: These Terms & Conditions are effective as of the date you place your reservation and make your Reservation Deposit (the “Reservation Date”).

Availability. You understand that storage spaces in The Sky Gallery™ Automated Vertical Vehicle Storage building (Sky Gallery), may be limited and that we do not guarantee a specific availability date for your Space. Available storage space sizes will be allocated in order of reservation and are subject to change at our sole discretion. We reserve the right to modify the size, configuration, or specifications of any storage space at any time, and to cancel any reservation affected by such changes. If all available storage spaces are reserved or occupied and no Space can be made available to you, or if we modify or cancel your reservation due to a change in storage space sizing, we will provide you with a full refund of your Reservation Deposit. Your actual availability date is dependent on many factors, including Sky Gallery construction, operational readiness, and reservation queue position. This Agreement creates only a right to reserve a space and does not create any vested, ownership, leasehold, or other property interest in any specific storage space or in the Sky Gallery.

Agreement to Arbitrate. Please carefully read this provision, which applies to any dispute between you and 5th Avenue Car Club, LLC and its affiliates (together, “5th Avenue Car Club”). If you have a concern or dispute, please send a written notice describing it and your desired resolution to 5th Avenue Car Club at 9987 Gulf Logistics Drive, Unit 413, Fort Myers, FL 33913 and by email to legal@5thAvenueCarClub.com. If not resolved within sixty (60) days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and 5thAvenue Car Club will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our services. You agree to pay all AAA fees for any arbitration, which will be held in Lee County, Florida. The arbitrator may only resolve disputes between you and 5th Avenue Car Club and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others. In other words, you and 5th Avenue Car Club may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated. Arbitration is the sole and exclusive means of resolving any dispute between you and 5th Avenue Car Club, and this agreement to arbitrate overrides any different arbitration agreement between us.

Limitation of Liability. We are not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of this Agreement. Without limiting the foregoing, we are not liable for any damage to, loss of, or theft of any vehicle or personal property in connection with this Agreement or the Sky Gallery, whether arising before or after your Space becomes available. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Reservation Deposit.

Cancellation by Us. We may cancel any reservation at any time for any reason, including but not limited to: (i) a belief that the reservation has been made with a view toward resale or assignment of the Space or has otherwise been made in bad faith; (ii) discontinuation of the Sky Gallery or any portion thereof; or (iii) any other business reason in our sole discretion. In the event of any such cancellation by us, we will provide you with a full refund of your Reservation Deposit, which shall be your sole remedy for any such cancellation.

Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of Florida. Prior agreements, oral statements, negotiations, communications, or representations about the Space reserved under this Agreement are superseded by this Agreement. Terms relating to the reservation not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.

Consent to Electronic Records and Signatures. By accepting this Agreement electronically, you consent to the use of electronic records and electronic signatures in connection with this Agreement and your reservation, in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and any applicable state law, including the Uniform Electronic Transactions Act (UETA). You agree that your electronic acceptance of this Agreement has the same legal force and effect as a handwritten signature. You further consent to receive all notices, disclosures, and communications related to this Agreement and your reservation electronically, including by email to the address you provide at the time of reservation.

Effective Date. This Agreement is entered into and effective as of the date you accept this Agreement by clicking “I Agree,” “Submit,” or any similar button or mechanism on our website. By
confirming and accepting this Agreement, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions of this Agreement.

Cancellation by Us. We may unilaterally cancel any reservation that we believe has been made with a view toward resale or assignment of the Space or that has otherwise been made in bad faith. We may also cancel your reservation and refund your Reservation Deposit if we discontinue the Tower or any portion thereof after the time you place your reservation.

Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of Florida. Prior agreements, oral statements,
negotiations, communications, or representations about the Space reserved under this Agreement are superseded by this Agreement. Terms relating to the reservation not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.

Consent to Electronic Records and Signatures. By accepting this Agreement electronically, you consent to the use of electronic records and electronic signatures in connection with this
Agreement and your reservation, in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and any applicable state law, including the Uniform
Electronic Transactions Act (UETA). You agree that your electronic acceptance of this Agreement has the same legal force and effect as a handwritten signature. You further consent to receive all notices, disclosures, and communications related to this Agreement and your reservation electronically, including by email to the address you provide at the time of reservation.

Effective Date. This Agreement is entered into and effective as of the date you accept this Agreement by clicking “I Agree,” “Submit,” or any similar button or mechanism on our website. By
confirming and accepting this Agreement, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions of this Agreement.