Terms of Service
Please read these Terms and Conditions carefully. By accessing, browsing or using this website and any other websites operated by Cervera Real Estate, Inc. (the “Site”), you accept and acknowledge your assent to, without limitation or qualification, the Terms and Conditions. If you do not agree to the Terms and Conditions, then please do not access, browse or use the Site.
1. Copyright & Trademarks:
All content, designs, text, graphics, button icons, page headers, service names, the selection and arrangement thereof, and all code and software on and in the Site is protected by copyrights, trademarks, service marks and/or other intellectual property rights (which are governed, by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). Unless otherwise noted herein or on the Site, all content on the Site is owned by Cervera Real Estate, Inc., (the “Company“). All rights reserved. You should assume that the underlying code and everything you see or read on the Site (collectively, the “Information”) is copyrighted unless otherwise noted. The Information may not be used other than in accordance with the Terms and Conditions without the prior written consent of the Company. The redistribution, retransmission, republication, sale or commercial exploitation of the Information is expressly prohibited without the prior written consent of the Company, except that you may view and download one copy of the Information to one computer or device for your own personal, non-commercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. The Company neither warrants nor represents that your use of the Information will not infringe upon the rights of third parties not owned by or affiliated with the Company.
The trademarks, logos, and service marks (collectively, the “Trademarks“) displayed on the Site are registered and unregistered Trademarks of the Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of the Company or such third party that may own the Trademarks displayed on the Site. The Trademarks displayed on the Site may not be used other than in accordance with the Terms and Conditions.
The Company has the right to terminate or restrict your access to the Site, unilaterally and without notice, for any reason, including but not limited to in the event you violate any of these Terms. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
2. Digital Millennium Copyright Act Notice
The Company respects the intellectual property rights of others and takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512(c)(3)) (“DMCA“), your written notice (“DMCA Notice”) must include substantially the following:
a. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at the Site;
b. Identification of the material that you claim is infringing, including a description of where it is located so that our copyright agent can locate it;
c. Your name, address, telephone number, and, if available, e-mail address, so that our copyright agent may contact you about your complaint;
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Our designated copyright agent to receive DMCA Notices is:
Cervera Real Estate, Inc.
1450 South Miami Ave
Miami, FL 33130
Email: [email protected]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
3. Information you provide:
Any and all information, content, leads, images, documentation, data, questions, comments, or suggestions provided by you to this Site shall be deemed to be non-confidential and non-proprietary. The Company shall have no obligation, or limitation, with respect to its use of such information, and shall be free to reproduce, use, disclose, and/or distribute such information without limitation and without remuneration to you.
4. No warranty:
All information, content, and services made available through the Site is for informational purposes only and is provided by the Company on an “as is” basis, without warranties of any kind, either express or implied. Without limiting the generality of the forgoing, the Company, its owners, affiliates, officers, directors, employees, agents, contractors, content or service providers, successors and assigns, specifically disclaim any and all warranties, express or implied by statute or otherwise, including but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, merchantability or fitness for a particular purpose.
Any listing on the Site may be updated, changed, modified, withdrawn, sold or rented at any time without notice. Unless otherwise noted, furnishings, decorations and artist representations are provided for illustrative purposes only. All square footage and dimensions are approximate. Before you act on any information you have found on the Site, you agree to independently confirm any facts that are important to your decision. While the Company believes all the information on the Site to be correct, the information contained on the Site is not intended to be comprehensive, and may in fact not be accurate, up-to-date or applicable to any particular case. If you rely on any information available through the Site, you expressly agree that you do so at your own risk and that you are solely responsible for any damage or loss that may result therefrom.
5. Disclaimer of Liability:
Your access to, browsing of or use of the Site is at your own risk. Neither the Company nor its respective owners, shareholders, directors, officers, employees, agents, contractors, representatives or affiliates or any other party involved in creating, producing, or delivering the Site, content or the information shall be liable for, including without limitation, (A) indirect, punitive, incidental or consequential damages, (B) loss of or damage to data or computer equipment, (C) loss of or damage to income or profits, (D) loss of or damage to property or (E) claims of any parties, whether based in law or in equity or on statute, contract, tort, strict liability or otherwise, for any reason arising out of or in connection with the access to, browsing of or use of the Site, the information or any site hyperlinked hereto including without limitation, any failure or performance, error, omission, inaccuracy, interruption, defect, delay in operation of transmission, virus or other harmful component, or line of failure.
6. Off-Site Links:
The third-party sites hyperlinked to or from the Site are not under the control of the Company. The Company has not reviewed any or all of the third-party sites hyperlinked to or from the Site. The Company does not make any representations regarding, and is not responsible for, the content or accuracy of any third-party sites hyperlinked to or from the Site. The products and services which can be accessed, purchased or obtained through such third-party sites are from persons or entities other than the Company. The Company does not make any representations or warranties of any kind, including warranty of merchantability or warranty of fitness for a particular purpose, with regard to such services and products. If you chose to hyperlink to or from any third-party site hyperlinked to or from the Site, then doing so shall be at your own risk.
7. Prohibited Jurisdictions:
The Company does not authorize the downloading or exportation of the Information or any software or technical data from the Site to any jurisdiction which prohibits the downloading or exportation of such Information or data or to any jurisdiction prohibited by United States export control laws.
8. Choice of Law, Jurisdiction, and Venue:
The Site, the Information, the Terms and Conditions, any suit, action or proceeding arising out of, or with respect to, any of the foregoing, or any judgment entered by any court in respect thereof, shall be governed by and construed in accordance with the laws of the State of Florida without regard to choice of law rules. Any suit, action or proceeding arising out of, or with respect to, the Site, the Information or the Terms and Conditions, or any judgment entered by any court in respect thereof, shall be brought exclusively in the courts of Miami-Dade County, Florida or in the United States District Court for the Southern District of Florida situated in Miami, Florida. All parties hereby consent to personal jurisdiction in the State of Florida, acknowledge that venue is proper in the courts of Miami-Dade County, Florida or in the United States District Court for the Southern District of Florida situated in Miami, Florida, and waive any objections that may exist, now or in the future, with respect to any of the foregoing.
The Company may at any time and without notice revise the Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. You should also know that the Company continuously revises the Information.
In the event that any one or more of the provisions contained in the Terms and Conditions shall be declared invalid, void or unenforceable, the remaining provisions of the Terms and Conditions shall remain in full force and effect, and such invalid, void or unenforceable provision shall be interpreted as closely as possible to the manner in which it was written.
11. For Residents of New York
Important Message for Residents of New York: Nothing contained in this Site 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, Cervera Real Estate Inc. (“Sponsor“) hereby discloses the following: (a) neither Sponsor, nor its Principal(s) taking part in any public offering or sale are incorporated in, located in, or resident in the state of New York, (b) any offering is neither made in the state of New York nor made to the residents of the state of New York, (c) any 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 a security or any unit shall take place as a result of any 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.