D. WEBSITE DISCLAIMERS AND DISCLOSURES.
WEBSITE DISCLAIMERS AND DISCLOSURES. In addition to the disclaimers described above, which should be included on the Website as applicable, we would suggest the following disclosures, as applicable, be included on each page, or at minimum that a link be provided on each page to a “Legal Notices and Disclaimers” page.
1. Oral Representations. We recommend that the Oral Representations disclaimer appear on the first page of the website in a type size no smaller than the largest type on the applicable page (exclusive of any “logo”)
ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
2. Equal Housing Opportunity. Include the Equal Housing Symbol and slogan (“EHO Symbol”) or, in lieu of the EHO Symbol, the language below:
WE ARE PLEDGED TO THE LETTER AND SPIRIT OF THE U.S. POLICY FOR ACHIEVEMENT OF EQUAL HOUSING OPPORTUNITY THROUGHOUT THE NATION. WE ENCOURAGE AND SUPPORT AN AFFIRMATIVE ADVERTISING AND MARKETING PROGRAM IN WHICH THERE ARE NO BARRIERS TO OBTAINING HOUSING BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN.
3. Not an Offer. This is not an offer to sell, or solicitation of offers to buy, the condominium units in states where such offer or solicitation cannot be made. Without limiting the generality of the foregoing, this is not an offer to residents of the State of New York.
4. Offering Statement. THIS OFFERING IS MADE ONLY BY THE PROSPECTUS FOR THE CONDOMINIUM AND NO STATEMENT SHOULD BE RELIED UPON IF NOT MADE IN THE PROSPECTUS.
5. General: The site is designed as a service to our customers and may be used for information purposes only. This site is meant to be used as an overview of Costa Hollywood Condo Resort and its projects and in no way whatsoever should the information contained in this Website be relied on for financial, tax, accounting, investment, business or legal advice. All items are subject to modification, change and/or being withdrawn at any time in the sole discretion of Costa Hollywood Condo Resort.
6. Developer Information. This community is being developed by Moses Bensusan (“Developer”), which has an affiliation with Liberty Grande LLC. Any and all statements, disclosures and/or representations shall be deemed made by Develop and you agree to look solely to Developer with respect to any and all matters relating to the marketing and/or development of the community and with respect to the sales of homes/units in the community.
7. Liability. Costa Hollywood Condo Resort, its subsidiaries, affiliates, contractors, agents, employees, licensees, and/or assigns are in no way responsible or liable for any damages whether they be direct, indirect, punitive, special, consequential, contribution or indemnity of any kind whatsoever, however caused, arising out of the use or non-availability of this Website. Additionally, access to third-party Internet sites linked to this Website are at the user’s own risk and Costa Hollywood Condo Resort is not responsible for the accuracy or reliability of any information, opinion, advise, statements or transactions made on these sites.
8. Floor Plans. Plans and elevations are artist’s renderings and may contain options which are not standard on all models. All dimensions are approximate and subject to change, at Developer’s discretion and should not be relied upon. Additionally, all fixtures and items of finish and decoration depicted are for display only and are not to be included with the unit. Consult the sales office for a description of those features which are to be included in the units.
9. Copyright. The project graphics, renderings and text provided herein are copyrighted works owned by the developer. © 2013, [Liberty Grande LLC]. All rights reserved. Unauthorized reproduction, display or other dissemination of such materials is strictly prohibited and constitutes copyright infringement. No real estate broker is authorized to make any representations or other statements regarding the projects, and no agreements with, deposits paid to or other arrangements made with any real estate broker are or shall be binding on the developer. Please refer to the developer’s official project brochures, website and materials and the documents furnished by the developer pursuant to state law for information regarding the projects.
10. Copyright. This website may contain or reference trademarks, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of the Developer and/or other parties. No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Developer and/or other parties is granted to or conferred upon you.
11. Pricing. All prices are subject to change at any time without notice.
E. WEBSITE TERMS AND CONDITIONS. In addition to the foregoing, we would suggest the following Terms and Conditions be included on a “Terms and Conditions” page, which may be linked to each page of the website.
1. Assent to Terms and Conditions. Before using www.costahollywood.com (this “Site”), owned by Costa Hollywood Condo Resort (“Developer”, “We” or “Us”), please read these Terms and Conditions carefully. YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY CONTINUING TO ACCESS OR USE THIS SITE, OR ANY SERVICE AVAILABLE ON THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE. Each time you use this Site, the current version of the Terms and Conditions will apply. Accordingly, when you use this Site, you should check the date of the Terms and Conditions (which appears above) and review any changes since the last version. Any terms and/or conditions proposed by you which are in addition to or which conflict with these Terms and Conditions are expressly rejected by Us and shall be devoid of all force and effect to the fullest extent allowed by applicable law.
3. Intellectual Property. This Site and all Site design, including but not limited to the text, content, photographs, video, audio, interfaces, graphics and the selection, arrangement, organization, coordination, compilation and overall look and feel of this Site (“Content”) is protected by patents, copyrights, trademarks, service marks, international treaties and/or other intellectual and proprietary rights and laws of the United States and other countries. Any use of the Content on this Site, other than as specifically permitted hereunder, is absolutely prohibited.
4. Copyrights and Digital Millennium Copyright Agents. Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on our Web Sites. Our copyright agent is [Moses Bensusan] intellectual property counsel. Our intellectual property counsel can be reached at (954) 239 – 8383, firstname.lastname@example.org, or via U.S. Mail at: [Name of Developer] Intellectual Property Counsel.
To be effective, your infringement notification must include the following:
13. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
14. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
5. License. Developer grants you a limited license to access this Site. You acquire absolutely no rights or licenses in or to this Site or the Content herein. You agree not to engage in the use, copying, or distribution of any of the Content. If you download or print a copy of the Content, you must retain all copyright, trademark, or other proprietary notices. We reserve all rights not expressly granted in and to this Site and the Content. This Site and the Content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without the written permission of Developer, except that you may download, display, and print one copy of the materials presented on this site on a single computer for your personal and non-commercial use only. ‘Deep- linking’, ‘embedding,’ or using analogous technology is strictly prohibited unless specifically authorized by Developer in writing. Unauthorized use of this site and/or the Content contained on this Site may violate applicable copyright, trademark, or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.
The license granted hereunder does not include any downloading or copying of account information for the benefit of any third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site; uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Developer’s sole discretion) an unreasonable or disproportionately large load on the Site’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Developer to prevent or restrict access to this Site. You are prohibited from posting to or transmitting from this Site any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. The links from this Site to third-party websites, if any, are provided for your information and convenience only. Developer does not assume any responsibility or liability with respect to any third-party website linked from this Site (or any website linking to this Site), including its content and operation. Developer does not review or monitor such links. A link from this Site to a third-party website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer, or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this Site may contain links to many third-party websites, Developer is not responsible for the content or the privacy practices employed by third-party websites. Any unauthorized use by you shall terminate the permission or license granted to you by Developer hereunder.
6. Disclaimer of Warranties. THIS SITE AND ALL CONTENT ON THIS SITE, INCLUDING WITHOUT LIMITATION, THE TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. DEVELOPER AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE (“RELEASED PARTIES”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THIS SITE AND THE CONTENT AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THIS SITE OR ANY PARTS THEREOF; (D) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE; (E) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF CONTENT OR OTHER DATA ON THIS SITE; (F) ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE AND (G) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE RELEASED PARTIES.
ALTHOUGH DEVELOPER STRIVES TO PROVIDE ON THIS SITE THE LATEST INFORMATION RELATING TO THE CONDOMINIUM, AND OTHER INFORMATION ABOUT DEVELOPER AND/OR THE CONDOMINIUM, DEVELOPER DOES NOT WARRANT THE ACCURACY , EFFECTIVENESS, AND SUITABILITY OF THE CONTENT AND/OR ANY OTHER INFORMATION CONTAINED IN THIS SITE. EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM USE OF THIS SITE. THE INFORMATION IS PRESENTED “AS IS” AND “WHERE IS” AND MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. DEVELOPER RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE INFORMATION AT ANY TIME WITHOUT ANY PRIOR NOTIFICATION.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THIS SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THIS SITE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
USE OF “COOKIES” AND TRACKING TECHNOLOGY . [NAME OF DEVELOPER] AND ITS SERVICE PROVIDERS USE INDUSTRY PRACTICES AND METHODS, INCLUDING COOKIES AND OTHER TRACKING TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, CLEAR GIFS, WEB BEACONS, IP ADDRESSES, AND LOG FILES, ETC.(“WEB TRACKING TECHNOLOGY”), TO ENABLE [NAME OF DEVELOPER] TO REVIEW VISITORS AND PAGES THAT A USER VISITS DURING EACH WEB SITE SESSION. [NAME OF DEVELOPER] MAY LINK INFORMATION GATHERED USING WEB TRACKING TECHNOLOGY TO PERSONAL INFORMATION. YOU CONSENT TO THE USE OF SUCH WEB TRACKING TECHNOLOGY AND CONSENT TO ALL LEGAL USES OF PERSONAL AND NON–PERSONAL INFORMATION GATHERED THROUGH TRACKING TECHNOLOGY USED ON THE WEB SITE OR BY [NAME OF DEVELOPER]’S THIRD-PARTY SERVICE PROVIDERS BY CONTINUING USE OF THE WEB SITE.
ALL USERS OF OUR WEB SITE ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES ARE RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. [NAME OF DEVELOPER] RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF OUR WEB SITE.
7. Limitation of Liability. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (A) THIS SITE, AND/OR YOUR ACCESS, USE OR INABILITY TO USE THIS SITE; (B) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THIS SITE); (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN; OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE RESERVE THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THIS SITE OR THE CONTENT ON THIS SITE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
8. Representations and Warranties. By using this Site, you represent and warrant that you have read, acknowledge and agree to be bound by these Terms and Conditions. You further represent and agree that: (a) you have the power and authority to agree to these Terms and Conditions; (b) you are at least eighteen (18) years old; (c) you will comply with all US law regarding the transmission of any data obtained from this Site in accordance with these Terms and Conditions, (d) you will not use this Site for illegal purposes or in any manner in consistent with these Terms and Conditions; and (e) you will not interfere or disrupt networks connected to this Site.
9. Compliance with State’s Licensing Laws. You, and your agents and employees, agree in all respects to comply with the real estate licensing laws of the State/Commonwealth in which you, and your agents and employees, are licensed. Additionally, you, and your agents and employees, agree to not performing any real estate brokerage activities, as such term is defined by the jurisdiction where you, and your agents and employees, conduct any business, or take any action with respect to the offering and sale of a unit in the Condominium in any jurisdiction other than the State or Commonwealth in which you, and your agents and employees, are licensed, including a prohibition of providing any such services within the State of Florida unless you and/or and your agents and employees are also licensed within such other states to perform and provide such services.
10. Solicitation of Residents in States Requiring Prior Qualification. You, and your agents and employees, agree not to offer the Condominium or disseminate any material contained within this Site referencing or depicting the Condominium in any state where any form of prior qualification is required for the offering or sale of units in the Condominium unless the Condominium has been properly qualified for offering and sale in such a state.
Any dissemination of material from this Site by you, and your agents and employees, in a state requiring prior qualification where the Developer has not so qualified the Condominium shall be considered a violation of the terms and conditions of this Site and you, and your agents and employees, agree to indemnify and hold the Developer harmless from any claims or violations thereof caused by you, your agents and employees.
11. Indemnification. You agree to indemnify, defend and hold harmless the Released Parties from and against any and all losses, liabilities, damages, costs or expenses (including attorneys’ fees and costs) arising out of a claim by a third party by reason of: (a) a breach of any warranty, representation, covenant or obligation you have made under these Terms and Conditions or (b) your use of and access to this Site. Furthermore, you agree to indemnify and hold Developer harmless for and from any claim by the jurisdiction in which you, and your agents and employees, are licensed and any other states where you, and your agents and employees, may conduct any brokerage activities.
12. Survival. All provisions that by their terms must survive termination of these Terms and Conditions shall survive such termination, including, without limitation, all provisions relating to disclaimers, limitation of liability, indemnification and governing law.
13. Jurisdiction and Governing Law. These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. Any dispute arising out of or relating to these Terms and Conditions, or your access or use of this Site, will be subject to the exclusive jurisdiction of the court located within the County of Miami-Dade in the State of Florida, and you hereby submit to the personal jurisdiction of such courts.
14. Assignment. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Developer without restriction.
15. Changes to the Terms and Conditions. We reserve the right to update or modify these Terms and Conditions at any time and without prior notice, by posting the revised version of these Terms and Conditions on this Site.
16. Captions and Headings. The captions and headings appearing in these Terms and Conditions are for reference only and will not be considered in construing this agreement.
17. Severability. If any provision of the Terms and Conditions, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms and Conditions will remain in full force.
18. Entire Agreement. These Terms and Conditions contain the entire understanding and agreement between you and Developer with respect to your use of this Site, superseding all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.
Please note that all advertising is of legal significance, but particular attention must be paid to advertising credit terms, the use of words such as “investment” and references (even if geographical) to other projects or businesses.
Additionally, please note that unless registered in other states to sell units/lots, a developer is not permitted to offer units/lots for sale and/or solicit inquiries outside of the State of Florida. To the extent that the sales office receives either calls, or e-mail requests for information from persons from outside the State of Florida, the response should be substantially in accordance with the following:
“Thank you for your recent website inquiry regarding our development. Unfortunately, because of the laws of your state, we are not permitted to send the requested information to you at this time. However, the next time you are in Florida, we would welcome your visit and gladly provide you with all of the information about our wonderful communities. We apologize for this inconvenience and hope that you understand that we must abide by your state laws. [You are, however, welcome to visit our website which contains more information regarding our development. Below is a direct link to our website: http://www.costahollywood.com”
Lastly, please note that the Florida Condominium Act prohibits a Developer from “offering” units for sale or lease until such time as the Developer has filed the condominium documents with the Division of Florida Condominiums, Timeshares and Mobile Homes. The Division Rules have liberally defined an “offer” as “any advertisement, inducement, solicitation or attempt to encourage any person to acquire an interest in a condominium unit, either proposed or existing, if undertaken for profit.