Terms of Use Page
Effective Date: August 10, 2020
These Terms of Use (“Terms of Use”) apply when you access, use or visit the Forest Development LLC (the “Developer”) and the [Nautilus 220] websites located at nautilus211.com and/or __________ (collectively the “Site”), and any services, content or applications made available on the Site (the Site and these services, content and applications collectively constituting, the “Service”). The Service is provided to you by the Developer. We prepared these Terms of Use to help explain the terms that apply to your use of the Service.
BY ACCESSING OR OTHERWISE USING THE Service YOU AGREE TO THESE TERMS OF USE. If at any time you do not accept the terms and conditions set forth in these Terms of Use, you must immediately stop using the Service.
Updates to these Terms of Use
We may change, modify, or amend these Terms of Use from time to time. We will notify you of material changes to these Terms of Use by posting the amended terms on the Service before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Use take effect. If you continue using the Service after the new Terms of Use take effect, you will have agreed to be bound by the modified Terms of Use.
Privacy Policy and Disclaimer
In connection with your use of the Service, please review our Privacy Policy to understand how we use information we collect from you when you access, visit, or use the Service. The Privacy Policy and the terms and provisions of the Disclaimer page are part of these Terms of Use. By using the Service, you agree to be bound by the terms of the Privacy Policy and the Disclaimer.
Affirmative Representations
When you use the Service, you represent that: (A) your use of the Service does not violate any applicable law or regulation; and (B) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Use.
Prohibited Activities
You agree that, in connection with your use of the Service, you will not:
(A) Use the Service for any unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
(B) Transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service;
(C) Impersonate any other person or entity, or invade the privacy, or violate the personal or proprietary rights, of any person or entity;
(D) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
(E) Circumvent, disable or otherwise interfere with security the Developer features of the Service or features that prevent or restrict use or copying of any Content (as defined in Section 5) or enforce limitations on use of the Service or the Content on the Service.
Our Intellectual Property Rights
Content. All content included on the Service such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of the Developer or its licensors, and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Service is the exclusive property of the Developer and its licensors and protected by U.S. and international copyright laws. The Developer and its licensors expressly reserve all intellectual property rights in all Content.
License and Access. The Developer grants you a limited license to access and make personal use of the Service and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Use including, without limitation, the prohibitions listed in the “Prohibited Activities” section of these Terms of Use. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms of Use. Accessing, downloading, printing, posting, storing or otherwise using the Service or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms of Use.
The Project
Prices. Prices, if any, listed on the Service are subject to change at any time and without notice, and no price listed on the Service includes optional features or premiums for upgraded properties. Please check with the Developer you are interested in for the most current pricing and to learn what is included with purchase or lease.
Plans, Depictions, Features. The sketches, renderings, graphic materials, plans, specifications, designs, floor plans, layouts, elevations, art, furniture, fixtures, appliances, amenities, and views depicted for the Developer Branded Projects in development are conceptual. The Developer reserves the right to modify, revise, or withdraw any, or all, of the same in its sole discretion and without prior notice. Some items shown on the Service may not be included with purchase, but may be available to purchase
Condominium Buyer Notices. If you are using the Service to learn about residential condominium properties available for lease or purchase, please carefully consider the following:
Oral representations cannot be relied upon as correctly stating the representations of the Developer. For correct representations, make reference to the brochure and to the documents required by section 718.503, Florida statutes, to be furnished by a Developer to a buyer or lessee; and
Any information concerning development projects or real estate for sale is not intended to be an offer to sell, or a solicitation to users of the Service to buy, any real estate to residents of any jurisdiction where such an offer or solicitation is prohibited by law. A buyer’s eligibility to purchase may depend upon the buyer’s state of residence. Any purchase and sell offering made for, or by, any of the condominium development projects depicted on the Service is made solely by the prospectus of such project, which prospectus is filed with the State of Florida and available from the Developer.
Equal Housing Opportunity. 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.
Our Management of the Service; User Misconduct
Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (A) monitor or review the Service for violations of these Terms of Use and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; (C) refuse, restrict access to or the availability of, or remove, delete, edit, or disable (to the extent technologically feasible) any Content or any portion thereof; (D) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; and/or (E) terminate or block you your use of the Service for violating these Terms of Use.
Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE, OR OF ANY APPLICABLE LAW OR REGULATION.
Third Party Sites
The Service may contain links to websites operated by third parties (“Third Party Sites”); however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including products or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, products or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THESE TERMS OF USE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.
Applicable Law.
You agree that federal laws and the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and the Developer.
Warranty Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE CONTENT, AND ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY OF THE CONTENT, MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE THE CONTENT OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE, THE CONTENT, OR ANY OTHER MATERIALS OR ITEMS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, MATERIAL OR ITEMS (FOR CLARITY, ON OR OFF THE SERVICE) (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SERVICE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT, MATERIALS OR ITEMS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE CONTENT, MATERIALS OR ITEMS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
Limited Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE CONTENT OR ANY OTHER MATERIALS OR ITEMS ON THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
Severability
These Terms of Use operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.