Terms & Conditions for Use of the Web Site
PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THIS WEBSITE BEFORE USING THIS WEBSITE. All users ("Users") of this website (this “Site") agree that access to and the use of this Site are subject to the following Terms and Conditions (the “Terms and Conditions”) and all applicable laws. If you do not agree to the Terms and Conditions, you are not authorized to use this Site.
1. GENERAL TERMS AND CONDITIONS
The Terms and Conditions apply to all use of this Site by Users. By accessing or using this Site, each User agrees to be bound by the Terms and Conditions. VII Pier Pointe Owner, LLC (“Owner”) provides the information, services, text, software, drawings, configurations, graphics, links or other material (the “Content") on this Site to the User, expressly conditioned on the User's complete acceptance, without modification, of the Terms and Conditions. The Content offered on this Site is provided with the understanding that neither Owner nor any of its affiliated entities or agents are engaged in rendering legal or other professional services or advice. The use of this Site is subject to the additional disclaimers, caveats, and notices that may appear throughout this Site.
None of Owner, its affiliated entities or agents assume any responsibility for any consequences relating directly or indirectly to any action or inaction that you take based on the Content on this Site. While Owner takes reasonable efforts to keep Content on this Site updated, accurate, and complete, Owner will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content. The Content provided on this Site is intended for informational purposes only and is not intended in any way to constitute an offer or solicitation. All condominiums about which information is provided herein are subject to prior sale. Prospective purchasers must visit the Latitude 33 sales office to inquire about the purchase of a condominium. Despite the reasonable efforts of Owner to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. Owner assumes no responsibility or liability for any actions taken as a result of using this Site, or for errors or omissions in the Content on the server.
THE USE OF THIS SITE IS EXCLUSIVELY AT THE RISK OF THE USER AND THIS SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OWNER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THIS SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
OWNER DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.
3. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OWNER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THE TERMS AND CONDITIONS OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS SITE, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OWNER’S SOLE LIABILITY HEREUNDER SHALL NEVER EXCEED $500.00.
4. LINKS TO AND FROM THIS SITE
This Site may contain links to other Web sites or frame information from other Web sites that are not under the control of Owner. Owner does not have responsibility and shall not be liable for the accuracy or availability of information provided by the Web sites which are linked to this Site via hypertext or other computer "Links." Links to external Web sites are provided merely as a convenience to Users and do not constitute an endorsement, warranty or representation of any kind whatsoever by Owner regarding such Web sites or the content, products, advertising, or other materials presented on such Web sites, including any changes or updates thereto. The decision of Users to access any such other Web sites shall be entirely at their own risk and discretion and Users are advised that the policies of other Web sites linked to this Site may be materially different from the terms and conditions of this Site, especially with respect to the use and collection of personal information. No permission is hereby granted to Users to link from any other Web site to any portion of this Site, or to frame any content contained on this Site without the written consent of Owner in its sole and absolute discretion.
5. EQUAL HOUSING OPPORTUNITY
All real estate information provided herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination." Your state or local jurisdiction may impose additional requirements. Owner is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. Owner encourages and supports 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. All condominiums advertised by Owner and its affiliated entities and agents are available on an equal opportunity basis. All drawings, depictions and photographs of people are for illustrative purposes only and do not depict racial preferences in any way.
6. SPECIFICATIONS, PRICES, TERMS, RENDERINGS AND OTHER INFORMATION
Plans, views, pricing, financing, terms, availability and specifications are each subject to change without notice and may vary by unit, location and the particular condominium series. Owner expressly reserves the right to make modifications, revisions and changes to features, specifications, plans, elevations and pricing without notice and/or obligation as it deems desirable in its sole and absolute discretion. All square footage is approximate. All drawings and depictions are illustrations for convenience only and are not intended to be an actual depiction of the building, units, common areas, amenities, landscaping or colors, and they should not be relied upon as representations, express or implied of the final detail of the building and condominiums or as comparisons to other buildings of this type and/or location.
The entire Content included in this Site is protected under the United States copyright law and is the property of Owner. The Content is provided by Owner as a service to the public and is to be used for personal informational purposes only. No Content from this Site may be modified, copied, reproduced, republished, framed, downloaded, posted, displayed, transmitted, sold or distributed in any way, in whole or in part, without Owner’s prior written permission, except that the User may download and print Content from different areas of this Site solely for the User's own non-commercial use, or in connection with the purchase of a condominium, provided that such uses are not competitive with or derogatory to Owner. The User agrees not to change or delete any proprietary notices from Content downloaded from this Site. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any other Internet, Intranet or Extranet site or to incorporate Content in any other database or compilation. Any other use of the Content is strictly prohibited. Any violation of the foregoing conditions of use will subject the User to the possibility of full prosecution under applicable law.
Trademarks of Owner (which include, but are not limited to names, logos and service marks) may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. All page headers, customer graphics, button icons, and scripts are services marks, trademarks and/or trade dress of Owner, and may not be copied, imitated, or used in whole or in part, without the prior written permission of Owner. Other trademarks, registered trademarks, product names or logos, and company names or logos displayed on the Site are the property of their respective owners. Any such content may be displayed solely for personal, non-commercial use by User. User agrees not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any trademarks without the written permission of Owner.
Owner may deliver notice to you by means of electronic mail, by general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in Owner’s account information.
10. APPLICABILITY OF TERMS AND CONDITIONS
The Terms and Conditions are applicable upon the User's access to this Site and may be revised, modified, amended, or supplemented by Owner without notice at any time for any reason. The Terms and Conditions shall apply to all Users regardless of any future transaction or dealings between such User and Owner, or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.
The Site (excluding any linked Web site) is controlled by Owner from its offices in the State of California and shall be governed in all respects by the laws of the State of California, without regard to choice of law provisions. The Site can be accessed from all states in the USA, as well as from other countries around the world. Each of these places has laws that may differ from the State of California. By accessing this Site, User agrees that all matters relating to access to, or use of, this Site or any other linked Web site, shall be governed by the applicable laws of the State of California and the laws of the USA, without regard to the conflicts of laws principles thereof). The 1980 UN Convention on the International Sale of Goods is hereby expressly disclaimed. User also agrees, and by using this Site hereby submits, to the exclusive personal jurisdiction and venue of the courts of the State of California relating to any dispute arising out of the use of this Site. Use of this Site by Users is void where prohibited by laws in jurisdictions to which each User is otherwise subject, and each User agrees that they shall not visit or use this Site in any such circumstances. Each User agrees and acknowledges that their use of this Site, and all transactions occurring in connection with this Site, shall be deemed to have occurred and taken place solely in the State of California, USA.
Any cause of action or claim made by a User with respect to this Site (including but not limited to the purchase of a condominium through the Latitude 33 sales office) must be commenced within one (1) year after the claim or cause of action arises. Owner’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Owner may assign its rights and duties under the Terms and Conditions to any party at any time without notice to the User.
In the event that any provisions of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provision. The Terms and Conditions contain the entire agreement between Owner and User relating to this Site and supersede any prior understanding or agreements regarding the subject. The section titles in the Terms and Conditions are for convenience only and have no substantial legal meaning.
12. Privacy Statement