Terms of use.
Important Legal Notices and Privacy Statement.
PLEASE READ THE FOLLOWING MATTERS PERTAINING TO THE USE OF THE WEBSITE OF THE PLAZA HARBOUR ISLAND (the "Condominium"), which is provided by Harbour Phase I Owners, LLC, an affiliate of Crimson Capital, Ltd., and their affiliates (the "Company" or "we", "us" or "our"). Users of this website (the "Site") agree that access to and uses of this Site are subject to the terms and conditions below. The following terms and conditions govern your use of the information, materials and documents being made available to you at the Site (the "Materials"). By accessing this Site and 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 Site.
Interstate Land Sales Act Disclosure Applicable to the Condominium
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.
Void Where Prohibited By Law
This Site and the Materials are 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 the Company is selling. Any offers contained herein are VOID WHERE PROHIBITED BY LAW.
The Company makes no representation that the Materials are appropriate or available for use in locations outside the United States, and access, if from territories where the Materials are illegal, is prohibited. Those who choose to access this Site from outside the United States or territories where the Materials are illegal, do so at their own initiative and are responsible for compliance with local laws.
Contract or Offer
Unless otherwise specifically stated, the use of this Site and services does not create any contract or agreement between you and the Company. 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.
Governing Law and Venue
Our Site is published in the State of Florida, United States of America. All interaction with this site shall be deemed as though you are within the State of Florida, which law governs your use, risks and obligations. Florida law shall govern in any and all disputes or actions at law or in equity. The venue for any litigation arising hereunder shall be the state and federal courts of Hillsborough County, Florida.
Specifications and Price
Any drawings on this Site are artist renderings, conceptual only, and the Company reserves the right to make any changes or modifications. All facilities, services, amenities, improvements, views and scenes described or shown are proposed and based on current development plans, and are subject to change, modification or cancellation without notice. There is no guarantee that the facilities, services, amenities, improvements, views or scenes described or shown will be constructed or provided, and if constructed or provided, that they will be of the same type, style, size or nature as described or shown. Scenes and/or views shown may be of locations or activities not on, or related to the property or a proposed project. Maps may not be drawn to scale and are provided for relative location purposes only. Square footage numbers set forth herein are approximate and based on current development plans which are subject to change without notice. The method of calculation for square footage numbers is subject to change from time to time and dimensions should not be the basis of a purchase decision. The Company reserves the right to update its Site. The above mentioned disclaimers are only for illustrative purposes and are not comprehensive disclaimers of what the Site may include in the future.
Use Rights and Limitations
This Site and the Materials are provided on an "as is" and "as available" basis without warranty of any kind. The Company disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, habitability, fitness for a particular purpose and noninfringement. Your use of this Site and the materials is solely at your own risk. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. This Site is prepared and designed to provide you with information about the Company, and our services, communities and properties. This Site is prepared 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 these Terms of Use. You may not conduct any activity through the use of this Site that would infringe on the rights of the Company. The Company reserves the right to terminate your use of this Site in its discretion. The Company reserves 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 Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Use Representations and Warranties
By using this Site, you represent, warrant and covenant that: you will use the Site and service in accordance with these Terms of Use and that you will not upload, post or transmit to or distribute or otherwise publish through the Site any materials which:restrict or inhibit any other user from using and enjoying the Site or service, violate any laws, threaten, abuse, defame, or offend, constitute or encourage a criminal offense, give rise to civil liability or otherwise violate the law, violate or infringe the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right, contaminate the Site with a virus or other harmful component,
constitute or contain false or misleading indications of origin or statements of fact.
No Reliance on Oral Representations
For all prospective purchases oral representations cannot be relied upon as correctly stating the representations of the Company.
Electronic Delivery Policy and Your Consent
By using the Materials, you consent to receive from the Company all communications, including notices, agreements, legally required disclosures or other information in connection with the Materials (collectively, "Notices") electronically. The Company shall provide such electronic Notices by posting them on this Site. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Site and the Materials. Users of this 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.
Copyright Notices
This Site and all Materials contained herein, including but not limited to floor plans, and elevations, are copyrighted, owned or licensed and may not be distributed, modified, or reproduced in whole or in part without the prior written permission of the Company. The absence of any copyright or other such logos on this Site or any other Materials does not constitute a waiver of any intellectual property rights by the Company. You are advised that the Company actively and aggressively enforces its intellectual property rights to the fullest extent of the law and you agree to hold the Company harmless against any and all claims arising out of or in connection with your failure to abide by these Terms of Use. The Company grants a limited license to viewers to download or print pages from the Site for individual use only, and not for any commercial purposes. All information is subject to change without notice and information you deem important may be omitted. Your use of the Site and Materials is at your own risk and the Company is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Site and Materials.
Indemnification
You hereby agree to indemnify and hold harmless the Company, and any of the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of the Company, from any and all claims, liability, damages and/or costs (including, but not limited to, attorneys fees and legal costs incurred at all judicial levels) that they incur arising as a result of your use of this Site, your violation of the Terms of Use, or your infringement of any intellectual property or other right of the Company, or any person or entity. In the event of any claim, the Company 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 the Company.
Broker Participation
Broker participation is welcome, however, 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 the Company. Please contact a representative of the Company at (813)229-6200 for information regarding broker participation.
Downloadable Forms
Portions of this Site may allow brokers and other individuals 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. 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.
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.
ChildrenThis 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.
Privacy Policy
Use of any information gathered from or about you through this Site shall be governed by these Terms of Use and the Company's Privacy Policy, to which there is a link below and which is incorporated by reference. The Company may use and disclose any information, content, record, or electronic communication of any kind: to satisfy any law, regulation or governmental request or to respond to a subpoena; as necessary to operate this Site; to protect the safety, rights or property of the Company, its affiliates, or users of this Site; to respond to a violation of these Terms of Use, and as otherwise permitted in these Terms of Use and the Privacy Policy.
Severability and Integration
These Terms of Use constitute the entire agreement between you and the Company with respect to the Materials and this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Questions, Comments, or Complaints
If you have questions, comments, or complaints pertaining to this Site, or if you have technical problems accessing information on this Site, please contact us at (813) 229-6200. |