FAQ | Eagles Flats
Are you only for USM Students?
We are not affiliated with the University of Southern Mississippi, and you do not have to be a student to live here! Anyone who applies and qualifies can live at Eagle Flatts! However, we are conveniently located just 1 mile to USM, and just a couple miles away from William Carey University and Pearl River Community College!
What is an individual lease?
When you sign an individual lease, you are only responsible for your rent; in other words, you have no liability for the rent of the other apartment residents. If your roommate transfers or graduates, you have no responsibility for their financial obligations. This is a significant advantage over the joint and several leases (where each resident is liable for the rent of all residents in the unit) which are often used at rental houses and other apartment properties in the area.
What if I do not have roommates in mind?
That's no problem at all! We can pair you up with people who have similar lifestyles, interests, etc. Just fill out the Roommate Matching form during the application process, and leave the rest to us!
Do you offer furnished options?
- We offer furnished and unfurnished apartments.
- A furniture package includes the following: a sofa, an armchair, an end table, a media center, a coffee table, four bar stools, a dining table and four chairs, a full-size bed frame and mattress, a chest of drawers, a nightstand, and a built-in desk with a chair.
- The package varies slightly for our 1- and 2-bedroom apartments.
Is there parking available?
We have a FREE open parking for residents on-site!
Are you close to shopping centers, restaurants, etc.?
We are just over 1/4 mile to the edge of campus — you can quickly get to class and the game!
We are right off of Hardy Street which is peppered with restaurants and entertainment venues, including Raising Canes, Ed's Burgers and Mulvi's Coffee! We are also close to Midtown's shopping and dining center.
How can I pay my rent?
Rent is due on the first of every month and can be paid in the office with a check or money order. If you prefer to pay with a credit or debit card, you can set up one-time or recurring payments through our Resident Portal.
Do I need a lease guarantor?
We screen all our applicants and require a guarantor for student applications. We might also require an additional security deposit for international applicants. Call us for more information!
Past Resident Portal
If you are a past resident, please use our Resident tab to be redirected to our payment portal for past residents.
Are you pet friendly?
Eagle Flatts is pet-friendly! We recognize the important role pets play in our residents' lives and have modified our policies to welcome pets!
Are utilities included?
We include water, sewer, trash collection, and pest control. There is a per person utility allowance that varies by floor plan and overages are billed directly to the residents each month.
Don't forget we also include internet!
Is renter’s insurance required?
Yes, our community requires each resident to carry an active tenant liability policy for damage to the landlord’s property during the term of their lease. We require a minimum of $100,000 in general liability coverage. We also recommend residents purchase content coverage (also known as personal property insurance) to cover your personal belongings.
What are the official rules for promotions and contests at Eagle Flatts?
Effective November 24, 2021
No purchase, payment, or donation of any kind is necessary to enter or win. All entries have an equal chance of winning. A purchase, payment, or donation will not increase the chances of winning.
- The Sponsor: CREI-Hattiesburg, LLC (referred to herein as “Eagle Flatts” or “Sponsor”) is a limited liability company and a for profit apartment rental owner.
- The Website: The sponsor’s website (www.eagleflatts.com) (the “Website”) instructs eligible individuals (see restrictions below) to enter into prize giveaways hosted online or promoted locally by means of promotional flyers and mailers (each an “Experience”).
- Applicability of the Rules: These Official Rules provide the general terms and conditions applicable to every Experience launched on or after November 24, 2021. Each Experience is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
(A) Experience Rules. Every Experience also has its own, additional, Experience-specific terms and conditions (the “Experience Rules”). The Experience Rules can be found on each Experience’s webpage on the Website or on distributed promotional material. The Experience Rules provide extra information and requirements for a specific Experience. If there is a conflict or inconsistency between these Official Rules and the Experience Rules, the Experience Rules will govern. Any reference to the “Official Rules” with respect to any specific Experiences will mean both these Official Rules and the applicable Experience Rules, taken as a whole.
(B) Binding Contract. The Official Rules (including any Experience Rules) form a binding contract between Eagle Flatts and each Experience participant (a “Participant.”) Entry into any Experience constitutes Participant’s full and unconditional agreement to the Official Rules and Sponsor’s decisions, which are final and binding in all matters relating to the Website and all Experiences. If you do not agree to these Official Rules (including the applicable Experience Rules) do not enter the Experience(s).
(C) Updates to the Official Rules. These Official Rules may be updated from time to time. Please check these Official Rules (including all relevant Experience Rules) regularly to ensure that you understand the terms that apply at the time that you enter the Experience.
- Eligibility: To be eligible to enter an Experience or be awarded the prizes(s) identified on each Experience’s webpage/promotional flyer (each a “Prize”), a Participant must fully comply with the Official Rules. Unless otherwise provided in the Experience Rules, Experiences are only open to individuals who (i) are at least 18 years of age or older at time of entry; (ii) are NOT in one or more of the “Prohibited Persons” categories listed in Section 4(A). Any entry submitted by any ineligible person(s) will be void.
(A) Prohibited Persons. The following individuals are not eligible to enter or win any Experience:
- Any employees, officers, and/or directors of any of the following (collectively, the “Experience Partners” ): (a) CREI-Hattiesburg, LLC; (b) Eagle Flatts third-party contractors who participate in or provide services related to the Winner selection process for the applicable Experience, and (c) any contractor or other partner engaged by Eagle Flatts to supply and/or fulfill any portion of the Prize(s), including, without limitation, any Prize supply partners.
- The immediate family members of (meaning, spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and/or those living in the same household as the employees, officers and/or directors of Eagle Flatts and/or the contractors engaged by Eagle Flatts to manage and support any applicable Experience (whether or not related).
- How To Enter: Each Experience will have a starting date and time and ending date and time (the “Entry Period”) specified in the Experience Rules. Only those entries received by Sponsor during the Entry Period will be valid. Sponsor will be the official timekeeper for all Experiences.
(A) Prizes Experiences. All Prize Experiences will provide the following two (2) ways to enter:
(i) Tour/Purchase and Enter. To enter by this method, Participant must follow the Prize Experience “call to action” as defined on the webpage or promotional material. Participant will receive the corresponding number of entries indicated on the applicable Experience webpage/promotional material at the time of Participant’s entry. For each Experience, a Participant is limited to the maximum Entry Limit (as defined below), if applicable to the Experience.
(ii) Enter for Free. To enter for free, visit Eagle Flatts during posted business hours and inform Eagle Flatts representative who greets you that you are interested in submitting a free entry for the Experience you reference. You may also submit an online entry by emailing [email protected] and referencing the Prize Experience in the email Subject line. Individuals may submit the “Alternative Method of Entry” form as many times as desired, but for each Experience, a Participant is limited to the applicable maximum Entry Limit (as defined below).
- Entry Limitations and Restrictions: Only accurate and complete entries submitted during the Entry Period and received by Sponsor are eligible. Any incomplete, illegible, corrupted, or untimely entries are also void and ineligible to win. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, or for other submission problems of any kind, whether caused mechanical, human or electronic error, all of which are void and ineligible to win. Additionally, Sponsor is not responsible for any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties. If a Participant’s donation is refunded, any entries associated with such donation will be withdrawn and not eligible to win.
(A) Entry Limit. The maximum number of entries for each Experience is limited to one (1), unless the Experience Rules state the cumulative maximum number of entries that any one person may obtain (the “Entry Limit”). The Entry Limit applies to all entries, regardless of the method of entry. If a Participant exceeds the Entry Limit for an Experience, all Entries received over the Entry Limit (in order of receipt) will be void and ineligible to win.
(B) Required Information. Participants must provide all required information specified on the Experience’s page or entry form to be eligible to enter and win.
(C) Email Address Requirements. Participants may not use multiple email addresses, identities, address, logins, devices, or any other tactics used in an effort to receive entries over an Experience’s Entry Limit. To receive valid entries, Participant must provide a valid email address for which the Participant is the authorized owner. Multiple Participants may not share the same email address. In the event of a dispute as to the identity of any Participant, the authorized account holder of the email address used to enter will be deemed to be the Participant. The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winners and/or Winners (as defined below) may be required to show proof of being the authorized account holder. Any entries connected to an invalid, non-working, or inactive email address, or linked to an authorized account holder other than Participant, are void and ineligible to win. Any conduct in violation of this Section is strictly prohibited and will void all entries for that Participant and may result in disqualification of Participant from all Experiences, at Sponsor’s discretion.
(D) No automated entry devices. All entries must be submitted by the individual Participant to be valid. Use, or attempted use, of any robotic, automated, programmed, mechanical, or other non-manual entry methods will void all entries for that Participant and will result in disqualification of the Participant from all Experiences, at Sponsor’s discretion. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted. Sponsor has the sole right and discretion to make a determination that Participant used or attempted to use any such prohibited automated entry methods.
- Entry Conditions and Release: As a condition of entering any Experience, Participant expressly:
(A) Consents to receive information or promotional materials from Sponsor, or any of the other Experience Partners, via email and/or mail;
(B) Represents and warrants that he/she agrees to be bound by these Official Rules and decisions of the Sponsor, which will be binding and final in all matters relating to each Experience;
(C) Releases the Experience Partners from all liability, loss or damage or expense arising out of or in connection with participation in any Experience or the acceptance, use, or misuse of any Prizes;
(D) Knowingly and expressly waives all rights to claim, punitive, exemplary, indirect incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased;
(E) Agrees that all claims, disputes, or causes of action arising out of or connected with any Experience, or any Prizes awarded, shall be individually resolved in binding arbitration without resort to any form of class, collective or representative action;
(F) Agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to Participant’s actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
Some jurisdictions do not allow the limitations or exclusion of liability set forth above. So, some of the provisions contained in this section may not apply to every Participant.
- Winner Drawings: Potential winner(s) of an Experience (the “Potential Winner”) will be randomly drawn from among all eligible entries received. The drawing will occur on or after the end of the Entry Period or as specified in the applicable Experience-specific rules. Sponsor will conduct the drawing and awarding of the Prize. Once confirmed and verified as eligible to win, a Potential Winner is referred to herein as a “Winner.” The odds of winning depend on the number of eligible entries received during the Entry Period.
- Winner Notification Process: Potential Winners will be contacted using the email address used to enter the Experience. Potential Winners must respond to the Potential Winner notification email within 48 hours of it being sent (or the time frame indicated in the Potential Winner notification email, if another time frame other than 24 hours is specified). If a Potential Winner fails to respond to the notification email within the stated period, Potential Winner may be disqualified and, in such instances, will forfeit any claim to any of the Prizes(s). After sending the Potential Winner notification email, to the extent a phone number has been provided, Sponsor reserves the right to also contact Potential Winners via phone as well. By entering, Potential Winners expressly authorize Sponsor to name, tag, or otherwise identify Potential Winner on Sponsor’s Website, social media pages, and/or in Sponsors other promotional materials.
Some jurisdictions may prohibit Sponsor from conditioning participation on Potential Winner’s consent to publicity described in this Section. Potential Winners who are residents of such jurisdictions and who object to such publicity, must notify Sponsor of objections via email during the Potential Winner confirmation and verification process.
- Confirmation And Verification of Potential Winners: A Potential Winner will only be confirmed as the winner eligible to receive the Prize after Sponsor has completed verification of Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the terms of these Official Rules. Potential Winners must be willing and able to claim and/or accept the Prizes(s) in full in the period specified by Sponsor. Potential Winners are subject to confirmation and verification by Sponsor, by whatever means Sponsor shall deem appropriate. To be confirmed and verified as eligible to win, a Potential Winner and the Potential Winner’s guest(s), if applicable, must comply with all terms and conditions of these Official Rules and fulfill all requirements. Sponsor’s decisions are final and binding in all matters related to the administration, operation, drawing, verification of the Winner, and all issues related to an Experience.
(A) Winner Documentation. To receive the Prize(s), and as part of the Winner confirmation and verification process, Potential Winner (and any guests of Potential Winner, to the extent that a Prize includes participation by one or more guests) must accurately complete and timely return any document necessary to confirm and verify a Potential Winner’s eligibility, as determined by Sponsor, in its sole discretion (collectively, the “Winner Documentation”). Potential Winner must fully and accurately complete Winner Documentation and timely return all such documentation by the date specified by Sponsor, or the Potential Winner may be disqualified and will forfeit any claim to any of the Prizes(s).
(B) Background Checks. Except where legally prohibited, Sponsor reserves the right to conduct background checks on a Potential Winner and any Potential Winner guests, where applicable. Sponsor reserves the right, in its sole discretion, to disqualify any Potential Winner and any Potential Winner’s guest(s) based on the results of such background check(s) if Sponsor determines in its sole discretion that awarding the Prize to such Potential Winner and/or Potential Winner’s guest(s) might reflect negatively on Sponsor or any of the other Experience Partners, or be likely to put Sponsor, any of the other Experience Partners, or any other third-party in danger. Sponsor is not obligated to clarify, confirm, or share any specific results of background check with any Potential Winner or any Potential Winner’s guest(s), whether the background check resulted in disqualification or not. Factors that could result in disqualification include, without limitation: having been convicted of a felony or misdemeanor, previous unlawful detainer action, being delinquent on a government-ordered payment, or any other criminal or civil offense determined at the sole discretion of Sponsor. When requested, Potential Winner or Potential Winner’s guest(s) must provide authorization and/or complete any forms reasonably needed to facilitate such a background check. If Potential Winner and/or Potential Winner’s guest(s) fails to sign and return the required documentation within the period specified by Sponsor, Potential Winner and/or any Potential Winner’s guest(s) may be disqualified and will forfeit any claim to any of the Prizes(s). Except for Experiences in which specific Prize Winner and/or Prize Winner guest qualifications, requirements, or restrictions may be stated in the Experience Rules (for example, any residency or citizenship requirements, age requirements, or health requirements), Potential Winners and Potential Winner guests will not be disqualified based on race, ancestry, national origin, religion, gender or gender identity, sexual orientation, or any other protected class or status.
- Winner Disqualification: Reasons a Participant, Potential Winner and/or Winner may be ineligible to receive the Prizes and/or disqualified include, but are not limited to: (i) failures to meet all of the eligibility requirements stated in the Official Rules, (ii) failures to abide by these Official Rules, or other instructions of Sponsor, (iii) failure to provide a valid email address at the time of entry, (iv) failure to timely respond to the Potential Winner notification email or any other request from Sponsor, (v) Sponsor is unable to verify the identity and verification of the Potential Winner to its reasonable satisfaction within 7 working days of the relevant drawing of the Potential Winner for the Experience, (vi) failure to timely complete and/or return the Winner Documentation and/or background check documents, (vii) failure to pass the background check to Sponsor’s full satisfaction, (viii) the provision of false, incomplete and or misleading information to or about Sponsor or any of the other Experience Partners, (ix) the commission of any fraud or deception in connection with any Experience, use of the Website, and/or relationship with Sponsor, (x) acting in an obnoxious, threatening, abusive, or harassing manner, at any time before or during the awarding of the Prize, in whole or in part; (xi) inability to timely accept the Prizes for any reason, including, but not limited to, inability to travel to the location where the Prize is being fulfilled and/or injury or death and (xii) the inability of Sponsor to timely award or otherwise fulfill the Prizes, due to circumstances beyond Sponsor’s reasonable control, including, but not limited to, legal restrictions, Acts of God, natural disasters, pandemics/epidemics, terrorism, and/or weather.
If a Potential Winner or Winner is determined to be ineligible and/or disqualified for any reason, an alternate Potential Winner may be randomly drawn from the eligible entries. Any alternate Potential Winner will be notified as per the procedures outlined in the Official Rules (time permitting). Sponsor reserves the right to modify the Winner notification and/or confirmation and verification procedures connected with the drawing of an alternate Potential Winner, if any.
- Prizes: Subject to any restrictions expressly stated in the Official Rules, Winners will receive the Prizes(s) identified on each Experience’s webpage/promotional material. Sponsor shall solely determine the specifics of all elements of all Prizes (including timing for fulfillment of Prizes and travel options, if applicable). The approximate retail value of any Prize will be specified in the Experience Rules. Winners are responsible for ensuring they timely and fully accept the Prize at the specified Prize location(s) and within the specified Prize fulfillment period.
Unless explicitly stated otherwise, all Prizes are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted, or redeemed for cash by Participant. Sponsor reserves the right to substitute a prize of comparable or greater value or cash in Sponsor’s sole discretion. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or distribution regulations or other legal restrictions. In such circumstances, the Winner may be required to take a cash alternative instead. Some restrictions may apply.
Unless otherwise noted in Experience Rules, Winners are solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership, and/or use. Winners may be required to complete and return an IRS W-9 form, or other applicable forms (i.e., Request for Taxpayer Identification Number and Certification). Sponsor will not replace any lost or stolen Prize(s) or components of a Prize(s).
All Winners are entitled, at their discretion, to refuse to accept some or all of the Prize(s) that they are eligible to receive and, in such instances, will be deemed to have forfeited the Prize. If at any time and for any reason, a Winner is deemed to have forfeited a Prize, in whole or in part, or fails to accept delivery of the Prize(s) within a reasonable period, Winner will not be entitled to any alternate Prize or any other compensation of any kind, and Eagle Flatts shall have no obligation to award the rejected or unclaimed portion of any Prize(s) to an alternative winner.
- Publicity: Except where prohibited by law, acceptance of any Prize also constitutes Winner’s express agreement and consent for Sponsor, and those acting under Sponsor’s authority, to use Winner’s name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Experience, Prize, and/or any of the Experience Partners, worldwide and in-perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor (or the applicable Experience Partners), in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Winner agrees to confirm this consent in writing if requested.
Some jurisdictions may prohibit Sponsor from conditioning the awarding of a Prize on Winner’s consent to publicity as described in this section. Winners who are residents of such jurisdictions and who object to such publicity, must notice Sponsor of such objections via email during the Winner confirmation process.
- General Conditions: Sponsor reserves the right to cancel, suspend, and/or modify an Experience, in whole or in part, due to any fraud, bugs, virus, technical failures, changes in the law, or any other factor beyond Sponsor’s reasonable control that impairs the integrity or proper functioning of an Experience, as determined by Sponsor. Sponsor reserves the right, in its sole discretion and at any time, to update or revise any promotional material, to conduct maintenance for the Website or its systems that may suspend or otherwise impact access to an Experience. Sponsor reserves the right, in its sole discretion, to disqualify any individual tampering, or to attempting to tamper, with the administration and/or operation of any Experience, including without limitations the entry process or the Potential Winner draw process.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH AN EXPERIENCE OR UNDERMINE, OR ATTEMPT TO UNDERMINE, THE LEGITIMATE OPERATION OF AN EXPERIENCE WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CRIMINAL AND CIVIL PROSECUTION AND PENALTIES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY INDIVIDUAL IT FINDS TO BE ATTEMPTING TO TAMPER WITH OR UNDERMINE THE ENTRY PROCESS, THE WEBSITE, AND/OR THE LEGITIMATE OPERATION OF AN EXPERIENCE; TO BREACH THE OFFICIAL RULES; OR TO ACT IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN, OR HARASS ANY OTHER PERSON. IF, FOR ANY REASON, THE EXPERIENCE CANNOT BE RUN AS PLANNED OR IF SPONSOR DETERMINES IN ITS SOLE DISCRETION THAT THE INTEGRITY OR VIABILITY OF AN EXPERIENCE IS COMPROMISED, SPONSOR RESERVES THE RIGHT TO VOID ANY ENTRY AT ISSUE AND (A) CANCEL OR TERMINATE THE EXPERIENCE (OR ANY PORTION THEREOF); (B) MODIFY THE EXPERIENCE OR SUSPEND THE EXPERIENCE TO ADDRESS THE IMPAIRMENT AND THEN RESUME THE EXPERIENCE IN A MANNER THAT BEST CONFORMS TO THE SPIRIT OF THESE OFFICIAL RULES; AND/OR (C) AWARD THE PRIZE AT RANDOM FROM AMONG THE ELIGIBLE, NON-SUSPECT ENTRIES RECEIVED UP TO THE TIME OF THE IMPAIRMENT.
- Indemnification: As a condition of entry, each Participant, agrees to defend, indemnify, release and hold harmless Sponsor, all other Experience Partners, and their respective parent, subsidiary, and affiliated companies, and any other person or organization responsible for sponsoring, fulfilling, administering, advertising or promoting an Experience and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in an Experience, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry.
- Limitations of Liability: The Released Parties are not responsible and will have no obligation or liability for or resulting from: (i) a Participant’s entry or attempt to participate in an Experience, (ii) incorrect or incomplete information, whether caused by a Participant, technical errors or by any of the equipment or programming associated with or utilized in an Experience, (iii) technical failures of any kind, including, but not limited to outages, malfunctions, interruptions, or disconnections in phone lines or network hardware or software or scheduled or unscheduled maintenance; (iv) unauthorized human intervention in any part of the entry process or an Experience; (v) technical or human error in the administration of an Experience or the processing of registrations, (vi) entries, Prize claims or Prize notifications that are lost, late, incomplete, illegible, unintelligible, damaged, undeliverable or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind (including, for example, SPAM filters); (vii) Participants who have committed fraud or deception in entering or participating in an Experience or claiming the Prize, (viii) an inability of the Winner to accept the Prize for any reason; (ix) an inability to fulfill or award a Prize due to delays or interruptions due to Acts of God, natural disasters, pandemics/epidemics, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (x) any damages, injuries or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Prize or resulting from participating in an Experience or any promotion or Prize related activities. If for any reason, a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in an Experience.
- Binding Arbitration, No Class Action: Please read this section carefully. Participant understands and agrees that he/she waives his/her right to sue or go to court to assert or defend his/her rights connected with participation in an Experience.
As a condition of participation, Participant and Sponsor agree that any dispute, controversy, or claim arising out of or connected to an Experience, including the determination of the scope or applicability of this arbitration provision, (each, a “Claim”) shall be resolved exclusively by binding arbitration under the procedural rules for commercial disputes set forth in the comprehensive arbitration rules and procedures of Sponsor’s selected mediation and arbitration firm.
PARTICIPANT AND SPONSOR ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, BOTH SPONSOR AND PARTICIPANT WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. (Some jurisdictions do not allow the limitations or exclusion of liability set forth above, so such language may not apply to every Participant).
Participants may seek arbitration of a claim by contacting CREI-Hattiesburg, LLC, c/o Community Manager, 105 Doleac Drive, Hattiesburg, MS 39401. The arbitration may be conducted via telephone, written submissions, or in-person in a mutually agreed location. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the Parties.
The parties will equally split the arbitrator’s fees, and expenses and each party shall pay its costs and attorneys’ fees. If the claimant can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing, and hearing fees in connection with the arbitration as the arbitrator deem necessary to prevent the arbitration from being cost-prohibitive. Notwithstanding, if any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. Participant and Sponsor agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures established by Sponsors selected mediation and arbitration firm, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
- Governing Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of Participants and Sponsor in connection with an Experience, shall be governed by, and construed in accordance with, United States federal law and the laws of the State of Mississippi, without giving effect to the conflict of laws rules thereof.
- Results: A list of winners will be available at Eagle Flatts business office or can be requested by sending an email to [email protected].
- Sponsor Contact: CREI-Hattiesburg, LLC, 105 Doleac Drive, Hattiesburg, MS 39401
- Severability: Each of the terms of these Official Rules operates separately. If any court of relevant authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.
- No Waiver: If Sponsor fails to insist that Participant perform any of Participant’s obligations under these Official Rules, or if Sponsor does not enforce its rights against Participant, or if Sponsor delays in doing so, that will not mean that Sponsor has waived its rights against Participant and will not mean that Participant does not have to comply with these obligations. If Sponsor does waive a default by Participant, Sponsor will only do so in writing, and that will not mean that Sponsor will automatically waive any later default by Participant.
- Entire Agreement: These Official Rules, together with the applicable Experience Rules, constitute the entire agreement between Sponsor and Participant with respect to the Experience and supersede all prior or contemporaneous communications, whether electronic, oral or written, between Sponsor and Participant with respect to the Experience.