Important Legal Notices and Privacy Statements
PLEASE READ THE FOLLOWING MATTERS PERTAINING TO THE USE OF BOCA DEVELOPERS’ WEBSITE. The following terms and conditions govern your use of the information, materials and documents being made available to you at this website (the "Materials"). By using the Materials, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this website or the Materials. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
BOCA DEVELOPERS grants a limited license to viewers to download or print pages from the Website for individual use only, and not for any commercial purposes. Welcome to the State of Florida. The information described herein and the online information sources are situated within
the State of Florida. All interaction with this website shall be deemed as though you are within the State of Florida which laws govern your use, rights, and obligations. All information is subject to change without notice and information you deem important may be omitted. Your use of the website and Materials is at your own risk and BOCA DEVELOPERS is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the website and materials.Please note that the Materials may include technical inaccuracies or typographical errors. BOCA DEVELOPERS has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Site or Materials, including, but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the website or Materials on any particular device or communications service. BOCA DEVELOPERS has no obligation to provide you with notice of any such changes.
Electronic Delivery Policy and Your Consent
By using the Materials, you consent to receive from BOCA DEVELOPERS all communications, including notices, agreements, legally required disclosures or other information in connection with the Materials (collectively, "Notices") electronically. BOCA DEVELOPERS shall provide such electronic Notices by posting them on this website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the website and the Materials. Users of this website (“Site”) agree that the following provisions set forth the terms upon which you may access and use this Site. By accessing this Site, you accept and agree to the terms, conditions, and notices stated below. If you do not agree to the Terms of Use, please do not use this Site.
No Reliance on Oral Representations/ Void Where Prohibited By Law
For all prospective purchasers of condominium units:
ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THE PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS.
This informational posting is not intended to be an offering to residents in any jurisdiction where prior registration or other qualification is required, and further information will not be provided to such residents prior to our registration or compliance with such requirements. An offer to
purchase real property can only be initiated by a consumer at the sales center for the particular development where Boca Developers is selling. Any offers contained herein are VOID WHERE PROHIBITED BY LAW.Interstate Land Sales Act Disclosure
Applicable to the following Properties: Biscayne Landing, Marina Grande on the Halifax, Peninsula II, Marina Grande North Miami Beach, and Marina Grande Rivera Beach:
Obtain the property report required by federal law and read it before signing anything. No Federal Agency has judged the merits or value, if any, of this property.
International Use
BOCA DEVELOPERS makes no representation that the Materials are appropriate or available for use in location s outside the United States, and accessing it from territories where the Materials are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with local laws.
Specifications and Price
Any drawings on this Site are artist renderings, conceptual only, and the developer reserves the right to make any changes or modifications. Illustrations are artist’s depictions only and may differ from completed improvements. Certain amenities may not be complete and completion is
neither warranted nor guaranteed. All features, dimensions and specifications are subject to change without notice. Any references to square footage numbers are approximate and may vary and the manner of measurement may change from project to project or other factors affecting measurements. Maps may not be drawn to scale and are provided for relative location purposes only. Please contact a Boca Developers’ representative for specific price or other information for each development.Use Limitations
This Site is prepared and designed to provide you with information about Boca Developers, our affiliates, and our services, communities and properties. The use of this Site is for personal use. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from information or material on this site, except as expressly permitted in this Terms of Use. You may not conduct any activity through the use of this Site that would infringe on the rights of Boca Developers, or its affiliates. Boca Developers reserves the right to terminate your right to use of this Site in their discretion.
Boca Developers attempts to provide complete and accurate information on this Site. Boca Developers does not warrant the accuracy or completeness of the information graphics, text, links, or other material contained on this Site and are not responsible for any errors or omissions in the content of this Site and shall have no liability for damages of any kind arising out of information on this Site.
The Site and all contents contained herein are provided ‘as is’ and “as available” without warranty of any kind. Boca Developers disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, habitability, fitness for a particular purpose, and non-infringement. Some states/jurisdictions do not permit exclusion of implied warranties, so the above exclusion may not apply to you.
Boca Developers does not ensure warrant that the Site will be uninterrupted or free of viruses or other harmful components.
Additional limitations may appear from time to time within the body of the Site and are incorporated herein by reference.
Use Representations and Warranties
By using this Site, you represent, warrant and covenant that:
(A) you will not upload, post or transmit to or distribute or otherwise publish through the
Site any materials which(i) restrict or inhibit any other user from using and enjoying the Site or service,
(ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, pornographic, or sexually explicit,
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law,
(iv) violate or infringe the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right,
(v) contain a virus or other harmful component,
(vi) constitute or contain false or misleading indications of origin or statements of fact;(B) you will use the site and service in accordance with this Terms of Use.
Monitoring Use of the Site
Boca Developers reserves the right to monitor the use of this Site, without notice. By accessing this Site you waive any expectation of privacy with respect to information that is collected and any other related activity.
Changes in Terms of Use
Boca Developers reserves the right, in their discretion, without notice, to make changes in this Terms of Use and to suspend, discontinue, or change any aspect of this Site.
Children
This Site is not intended to be used by children under the age of 13 years old. Children 13 years old and older should consult with their parents and secure their permission before accessing and using this or any linked Internet Site, and especially before providing any personal information or engaging in any interactive portion of the Site.
Contract or Offer
Unless otherwise specifically stated, the use of this Site and services does not create any contract or agreement between you and Boca Developers. By agreeing to the Terms of Use of this Site, you agree not to act in reliance upon the information contained herein and you waive any claim, demand, cause of action, or damage that you may incur as a result of reliance on such information.
Indemnification
You hereby agree to indemnify and hold harmless Boca Developers and our affiliates, and any of the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of Boca Developers and/or its affiliates, from any and all claims, liability, damages and/or costs (including, but not limited to, attorneys fees) they incur arising as a result of your use of this Site and the services, your violation of the Terms of Use, or your infringement of any intellectual property or other right of Boca Developers, its affiliates or any person or entity. In the event of any claim, Boca Developers shall have the right to defend and settle any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof and shall not settle any such claim without the prior written consent of Boca Developers.
Dispute Resolution
Any and all disputes arising hereunder shall be submitted to binding arbitration and not to a court for determination. Such arbitration shall be accomplished expeditiously in Florida and shall be conducted by the American Arbitration Association in accordance with its rules. Judgment upon the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof. Arbitration shall not commence until the party requesting it has deposited One Thousand and No/100 U.S. Dollars ($1,000.00) with the arbitrators as a retainer for the arbitrators’ fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrators to pay the arbitrators’ fees and costs, until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Users of this Site, by virtue of their use and enjoyment of this site agree to the jurisdiction of the State of Florida, Broward County for any disputes arising hereunder.
Privacy Policy
Use of any information gathered from or about you through this Site shall be governed by this Terms of Use and Boca Developers’ Privacy Policy, to which this Terms of Use links below and which is incorporated by reference. Boca Developers may use and disclose any information, content, record, or electronic communication of any kind: to satisfy any law, regulation, governmental request or to respond to a subpoena; as necessary to operate their sites; to protect the safety, rights or property of Boca Developers, its affiliates, or users of this Site; to respond to a violation of this Terms of Use, and as otherwise permitted in this Terms of Use and the Privacy Policy.
Equal Housing Opportunity
We are pledged to the letter and spirit of the U.S. policy for the 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.
Links to and From This Site
Boca Developers has no liability for third party links and is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Boca Developers provides these links as a convenience to users and the availability of the link does not constitute an endorsements. Access to third party links is at your own discretion and risk.
Broker Participation
Broker participation is welcome and encouraged by Boca Developers, and we will honor any agreements we may enter into with outside brokers that are in writing signed by a duly authorized officer of Boca Developers. Nothing contained herein shall constitute any agreement, promise, covenant or undertaking with respect to brokers or sales agents representing potential buyers or sellers. Due to the difficulty in tracking lead generation, no one shall be entitled to any fee, compensation or commission except pursuant to a written agreement signed by a duly authorized officer of Boca Developers.
Downloadable Forms
Portions of this Site may allow brokers to access and download certain forms. Access by brokers to these forms is provided to facilitate the process of services offered to you. These forms have legal meanings and implications. Once completed and submitted to Boca Developers, its
affiliates, and their representatives, the contracts shall be binding upon you. They are provided and you may use them at your own risk. Allowing brokers to access these forms does not constitute legal advice to the brokers or you and nothing provided herein should be used as a substitute for the advice of competent counsel. You should consult with an attorney prior to submitting and legal documents to us.Copyright and Trademark Notices
The compilation copyright to this Site, the design and appearance of this Site, and all of the materials and content on this Site, including without limitation, all text, graphics, drawings, images, charts, pictures, maps, photographs, images, line art, icons, renditions and floor plans, are owned or licensed by Boca Developers, or its affiliates. These materials are protected by federal law against unauthorized copying and reproduction. Any use, reproduction or distribution of material from this Site (except as permitted herein) without written permission of Boca Developers is expressly prohibited. To the extent available, you may download one copy of the downloadable items displayed on this site for your personal, noncommercial review only, provided that you maintain all copyright and other notices contained in such content and make no other use thereof. All other use, and all copying and reproduction thereof, is strictly prohibited. Anyone who prints, downloads, copies or otherwise communicates information from this web site is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated and to ensure their compliance thereto, and further agrees to hold Boca Developers harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use.
All Boca Developers, and its affiliates’ company names, community names and design logos appearing on this site are trademarks or service marks of Boca Developers. The absence of a copyright, trademark, service mark or logos on this Site or any other materials does not constitute a waiver of any intellectual property rights of Boca Developers, or its affiliates.
Miscellaneous
By using this Site and any information on this Site, the user submits to the exclusive jurisdiction of the state or federal courts located in the State of Florida to resolve disputes of any kind arising out of user's reliance on the information on this Site, or any interaction with Boca Developers
involving the Site.Updates to Our Terms of Use. We reserve the right to change this Terms of Use at any time in our discretion. The last update to this Terms of Use was December 2, 2005.
