LEGAL NOTICES AND DISCLAIMERS
NOTICES AND DISCLAIMERS
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.
The Shore Club project (the “project”) is owned, and is being developed, offered and sold by the Developer and not by Auberge Resorts LLC or any of its affiliates (collectively, “Auberge”), and Auberge is not affiliated with or related to the Developer. Auberge is not responsible for any of the content on this Site.
Auberge, through an affiliated entity, has granted to Developer a limited right to use certain intellectual property, including, the AUBERGE® mark (the “Licensed Marks”) in connection with the project. If such rights are terminated, all use of the Licensed Marks in connection with the project will terminate. There are no guarantees or assurances that the rights to use the Licensed Marks will remain in effect for any particular period of time, and therefore the are no guarantees or assurances that the Licensed Marks will continue to be associated with the project.
Any and all statements, disclosures and/or representations shall be deemed made by Developer and not by Auberge and you agree to look solely to the Developer (and not to Auberge) with respect to any and all matters relating to the marketing and/or development of the project condominium and with respect to the sales of units in the project condominium.
Auberge has no responsibility or liability to any party regarding the offering, sale, development or construction of the project. Auberge has not confirmed the accuracy of any marketing, offering or sales materials, prospectus, offering circulars or other similar documents provided or used by the Developer. Auberge is not part of or an agent for the Developer and is not acting as broker, finder or agent in connection with the offer or sale of the units at the project. Purchasers shall have no right to use or interest in the Licensed Marks. Purchasers will be required to acknowledge that their decision to enter into a purchase agreement for purchase of a unit at the project was not based on the continued relationship with Auberge or the existence, use or availability of the Licensed Marks in connection with the project or the condominium.
You waive and release Auberge as well as The Witkoff Group LLC from and against any liability with respect to or in any way relating to: (I) any representations or defects or any claim whatsoever, relating to the marketing, offering, sale, design, construction or management of the project or any unit therein, or the condominium, (II) the termination of the rights to use the Licensed Marks for any reason, and (III) termination and cessation at or in relation to the project or the condominium of use of the Licensed Marks. Nothing herein shall limit or impair the rights of a purchaser against the Developer under Florida Statutes, Section 718.506.
The project materials and content provided via the Site are provided by the Developer as a service to its customers and may be used for informational purposes only. This Site is meant to be used as an overview of the project being developed by the Developer and in no way whatsoever should the information contained in this Site 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 the Developer without notice.
Nothing on this Site is intended as an offer to sell, or solicitation of offers to buy, condominium units in any jurisdiction where such offer or solicitation cannot be made or are otherwise prohibited by law, and your eligibility to purchase will depend on your state of residency. Such an offering shall only be made pursuant to the offering documents for the condominium and no statements should be relied upon unless made in the offering documents or in the applicable purchase agreement. In no event shall any solicitation, offer or sale of a unit in the condominium be made in, or to residents of, any state or country in which such activity would be unlawful. This is not an offer to sell nor a solicitation to purchase a condominium unit directed to any person where such an offer or solicitation is prohibited by law unless the condominium is registered if required or exempt. No real estate broker or salesperson is authorized to make any representations or other statements regarding this project, and no agreements with, deposits paid to or other arrangements made with any real estate broker are or shall be binding on the Developer.
All prices are subject to change at any time and without notice, and do not include optional features or premiums for upgraded units. From time to time, price changes may have occurred that are not yet reflected on this Site. Please check with the sales center for most current pricing.
All plans, features and amenities depicted herein are based upon preliminary development plans and are subject to change without notice in the manner provided in the offering documents. No guarantees or representations whatsoever are made that any plans, features, amenities or facilities will be provided or, if provided, will be of the same type, size, location or nature as depicted or described herein. The sketches, renderings, graphic materials, plans, specifications, terms, conditions and statements contained in this Site are proposed only, and we reserve the right to modify, revise or withdraw any or all of same in our sole discretion and without prior notice. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for same. All depictions of appliances, counters, soffits, floor coverings and other matters of detail, including, without limitation, items of finish and decoration, are conceptual only and are not necessarily included in each unit. All such materials are not to scale and are shown solely for illustrative purposes.
The photographs contained in this Site may be stock photography or have been taken off-site and are used to depict the spirit of the lifestyles to be achieved rather than any that may exist or that may be proposed, and are merely intended as illustrations of the activities and concepts depicted therein. Consult your agreement and the offering documents for the items included with the units. Dimensions, ceiling heights and square footage are approximate and may vary with actual construction. Images and renderings are not to scale and are shown solely for illustrative purposes. Renderings depict proposed views, which are not identical from each unit. Any view from any unit of from other portions of the property may in the future be limited or eliminated by future development or circumstances or events beyond our control and the Developer in no manner guarantees the continuing existence of any view.
Interior photos shown may depict options and upgrades and are not representative of standard features and may not be available for all model types. All fixtures, furniture and items of finish and decoration of units described herein are for display only and may not to be included with the unit, unless expressly provided in the purchase agreement.
Because wood is a natural product, every piece has a unique color and appearance, and every wood product will have its own distinctive visual character. Photographs, samples and website images can offer an impression of the product, but they may not be representative of the full range of color, knots, texture and grain variations which can exist in the product itself as installed. Wood is subject to weathering and fading and as such the coloration may vary over time. Additionally, wood products will acclimate to the temperature and humidity and seasonal expansion and contraction of wood products is to be expected, as wood is a product of nature and will expand and contract with changes in humidity and temperature. Gaps often appear between boards during colder periods and tighten in warmer temperatures. Minimizing heat and humidity fluctuations is required to preserve the condition of the wood. Even under ideal conditions, wood is subject to warping, bowing and cupping. Ceiling heights are measured from top of slab to top of slab. As a result, actual clearance between the top of the finished floor coverings and the underside of the finished ceiling, drop ceiling or soffits will be less. All ceiling heights are approximate and subject to change. Any and all references to and/or renderings of other proposed projects or nearby facilities depicted are proposed only, are not constructed, and are not being developed by the Developer. As such, the Developer has no control over those projects or facilities and there is no guarantee that they will be developed, or if so, when and what they will consist of. The information provided herein regarding other proposed projects or facilities depicted was obtained from newspaper articles and other public information and Developer makes no representations as to same.
Restaurants and other business establishments and/or any operators of same referenced on the Site are subject to change at any time, and no representations regarding restaurants, businesses and/or operators within the project may be relied upon. Restaurants, and/or other business establishments, are anticipated to be operated from the commercial components of the project which may be offered for sale to third parties. Except as may be otherwise provided in the offering materials, the use of the commercial spaces will be in discretion of the purchasers of those spaces and there is no assurance that they will be used for the purposes, and/or with the operators, named herein.
With respect to any and all communications sent or otherwise made to the Company or the Developer, including, without limitation, feedback, questions, comments and suggestions (“Communications”), unless otherwise required by applicable law: (a) no right of confidentiality shall apply to Communications and neither the Developer nor any of their affiliates shall have any obligation to protect Communications from disclosure; (b) the Developer and its affiliates shall be free to reproduce, use, disclose and distribute Communications to others; and (c) the Developer and its affiliates shall be free to use any ideas, concepts, know-how or techniques contained in Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information, without any obligation to provide compensation of any kind or any other obligation. Please use e-mail to send us only non-confidential messages. Do not include confidential personal or private information. For your protection, our responses will not include any confidential information. Please do not use e-mail to send us transaction instructions. Customers who choose to send e-mail messages to the Developer or its affiliates that contain confidential, private or personal information do so entirely at their own risk.
WE ARE PLEDGED TO THE LETTER AND SPIRIT OF U.S. POLICY FOR THE ACHIEVEMENT OF EQUAL HOUSING THROUGHOUT THE NATION. WE ENCOURAGE AND SUPPORT AN AFFIRMATIVE ADVERTISING, MARKETING AND SALES PROGRAM IN WHICH THERE ARE NO BARRIERS TO OBTAINING HOUSING BECAUSE OF RACE, COLOR, SEX, RELIGION, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN.
THE INFORMATION AND MATERIALS CONTAINED IN THE SITE ABOUT THE DEVELOPER’S OR ITS AFFILIATES’ PROPERTIES AND COMMUNITIES, AND ALL PHOTOS, RENDERINGS, PLANS, PRICES, LAND USES, IMPROVEMENTS, AMENITIES, DIMENSIONS, SPECIFICATIONS, MATERIALS AND AVAILABILITY DEPICTED IN THE SITE OF ANY OF THE DEVELOPER’S OR ITS AFFILIATES’ PROPERTIES AND COMMUNITIES ARE CONCEPTUAL IN NATURE AND ARE SUBJECT TO CHANGE OR CANCELLATION WITHOUT NOTICE OR OBLIGATION. SCENES MAY INCLUDE ARTIST’S RENDERINGS, AND MAY BE OF LOCATIONS OR ACTIVITIES NOT ON A PROPERTY OR NOT YET COMPLETED.
THE SITE MAY CONTAIN INFORMATION AND PRESS RELEASES ABOUT AND BY THE DEVELOPER. ALTHOUGH THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED BY THE DEVELOPER, THE DEVELOPER DISCLAIMS ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION. TO THE EXTENT THAT ANY INFORMATION IS DEEMED TO BE A “FORWARD LOOKING STATEMENT” AS DEFINED IN THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995, THIS INFORMATION IS INTENDED TO FIT WITHIN THE “SAFE HARBOR” PROVIDED THEREIN. FORWARD LOOKING STATEMENTS ARE NOT GUARANTEES OF PERFORMANCE. YOU ARE CAUTIONED NOT TO PLACE UNDUE RELIANCE ON FORWARD LOOKING STATEMENTS, WHICH SPEAK ONLY AS OF THE DATE MADE. THE SITE IS NOT INTENDED TO MAKE ANY INVESTMENT REPRESENTATIONS ABOUT THE DEVELOPER OR ITS AFFILIATES AND SHOULD NOT BE VIEWED AS SUCH.
NOTHING CONTAINED IN THIS WEBSITE IS INTENDED OR SHALL BE DEEMED TO BE AN OFFER TO SELL REAL ESTATE OR REAL ESTATE SECURITIES TO RESIDENTS OF THE STATE OF NEW YORK. IN FURTHERANCE OF THE FOREGOING, SHORE CLUB PROPERTY OWNER LLC, A DELAWARE LIMITED LIABILITY COMPANY (“SPONSOR” OR “DEVELOPER”), SPONSOR HEREBY DISCLOSES THE FOLLOWING: (A) NEITHER SPONSOR, NOR ITS PRINCIPAL(S) TAKING PART IN THE PUBLIC OFFERING OR SALE ARE INCORPORATED IN, LOCATED IN, OR RESIDENT IN THE STATE OF NEW YORK, (B) THE OFFERING IS NEITHER MADE IN THE STATE OF NEW YORK NOR MADE TO THE RESIDENTS OF THE STATE OF NEW YORK, (C) THE OFFERING IS NOT DIRECTED TO ANY PERSON OR ENTITY IN THE STATE OF NEW YORK BY, OR ON BEHALF OF, SPONSOR OR ANYONE ACTING WITH SPONSOR’S KNOWLEDGE; AND (D) NO OFFERING OR PURCHASE OR SALE OF THE SECURITY OR ANY UNIT SHALL TAKE PLACE AS A RESULT OF THIS OFFERING IN NEW YORK OR WITH A RESIDENT OF THE STATE OF NEW YORK, UNTIL ALL REGISTRATION AND FILING REQUIREMENTS UNDER THE MARTIN ACT AND THE NEW YORK ATTORNEY GENERAL’S REGULATIONS ARE COMPLIED WITH; A WRITTEN EXEMPTION IS OBTAINED PURSUANT TO AN APPLICATION IS GRANTED PURSUANT TO AND IN ACCORDANCE WITH COOPERATIVE POLICY STATEMENTS #1 OR #7; OR A “NO-ACTION” REQUEST IS GRANTED.
- Use a robot, spider or other automated device, process or means to access or use the Site, or defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Submit any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third party systems.
- Send false or misleading information.
- Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.
- Restrict or inhibit any other user from using and enjoying the Site.
- Scrape or otherwise copy any images or other content on the Site or harvest or otherwise collect information about others, including contact information such as e-mail addresses, for the purpose of building “contact” or “lead” lists.
- Violate any applicable laws or regulations.
We shall have no obligation to monitor the usage of the Site. However, we reserve the right to review any communications or submissions directed to the Site and to remove any of same in our sole discretion. We reserve the right to terminate your access to the Site at any time without notice for any reason whatsoever. We further reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
- Our Intellectual Property Rights. The content on the Site (“Materials”) and the trademarks, service marks, and logos contained on the Site, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Site and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials. You further agree not to access the Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.
- Our Management of the Site; User Misconduct
- Third Party Sites. The Site may contain links to other third party websites (“Linked Sites”) or frames of other third party website screens (“Framed Sites”) which may offer third party products and services. The Linked Sites and Framed Sites and the products and services offered or provided at such sites are subject to their own separate terms and conditions of use and are not under our control and we is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site or any such products and services. We are not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site, or with respect to any information you provide to any such Linked Site or Framed Site. Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or Framed Site or any association with or its operators.
- Legal Disputes and Arbitration Agreement.
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
- Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. Each of you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
- Class Action and Class Arbitration Waiver. You further agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 7(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 7(B), 7(C), and 7(D) by sending written notice of your decision to opt-out to the following address: Shore Club Property Owner LLC, c/o The Witkoff Group LLC, 233 Broadway, Suite 2305, New York, NY 10279 or by email to email@example.com. The notice must be sent within thirty (30) days of commencing use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
- Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 7(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Miami-Dade County, Florida. You expressly consent to exclusive jurisdiction in Miami-Dade County, Florida for any litigation.
- Warranty Disclaimers; Limitation on Liability.
- General Disclaimer of Warranties Relating to the Site.
- NO WARRANTIES OR REPRESENTATIONS ARE MADE ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SITE’S CONTENT, THE CONTENT OF ANY SERVICE LINKED TO THE SITE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. NEITHER WE NOR ANY OF OUR AFFILIATES ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED IN OUR SERVERS, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE.
- Limited Liability. IN NO EVENT SHALL THE DEVELOPER, AUBERGE OR THE WITKOFF GROUP LLC OR ANY OF THEIR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, MATERIALS OR ANY OTHER CONTENT PROVIDED THROUGH THE SITE.
- Exceptions to Disclaimers and Liability Limitations. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 8(A) OR 8(B) MAY NOT APPLY TO YOU.
- General Disclaimer of Warranties Relating to the Site.
- Notices And Procedure For Making Claims Of Copyright Infringement. 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 this Site.
THE FOLLOWING PROCEDURES APPLY ONLY FOR NOTIFICATIONS TO US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY ANY CONTENT CONTAINED IN THIS WEBSITE. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
WHAT YOU MUST DO:
Written notification must be submitted to the following Designated Agent:
Service Provider: Shore Club Property Owner LLC – scprivatecollection.com
Name of Agent Designated to Receive Notification of Claimed Infringement: James Stomber
Full Address of Designated Agent to Which Notification Should be Sent: Shore Club Property Owner LLC, c/o The Witkoff Group LLC, 233 Broadway, Suite 2305, New York, NY 10279, Attn: James Stomber
Telephone Number of Designated Agent: 212-672-4700
Email Address of Designated Agent: firstname.lastname@example.org
WHAT YOUR NOTIFICATION MUST INCLUDE:
To be effective, the notification must include the following:
- Your name, physical address, telephone number, facsimile number, e-mail address and name of contact person;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- A statement that you 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 under applicable law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WHAT WE WILL DO UPON RECEIPT OF PROPER WRITTEN NOTIFICATION:
Upon receipt of the written notification containing the information as outlined above:
- We shall remove or disable access to the material that is alleged to be infringing;
- We shall forward the written notification to such alleged infringer; and
- We shall take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the material.
HOW THE ALLEGED INFRINGER CAN RESPOND TO US:
The alleged infringer can respond by submitting a written counter notification to our Designated Agent.
WHAT THE COUNTER NOTIFICATION MUST INCLUDE:
To be effective, a counter notification from the alleged infringer must include the following:
- The alleged infringer’s name, address, and telephone number;
- A statement the alleged infringer consents to the jurisdiction of federal district court for the judicial district in which we are located and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material to be removed or disabled; and
- A physical or electronic signature of the alleged infringer.
WHAT WE WILL DO UPON RECEIPT OF PROPER COUNTER NOTIFICATION:
Upon receipt of a counter notification containing the information as outlined above:
- We shall promptly provide the complaining party with a copy of the counter notification;
- We shall inform the complaining party that we will replace the removed material or cease disabling access to it within ten (10) business days; and
- We shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided that our Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer form engaging in infringing activity relating to the material on our network or system.
- Questions; Accessibility. Should you have any questions regarding the Site, or if you desire to contact us for any reason, please contact us by e-mail at stomberj@witkoff or by phone at 212-672-4700, attention: James Stomber. We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please call us at 212-672-4700 or email our team at email@example.com, and we will be happy to assist you.