Terms and Conditions
- Kaplan Residential LLC (“KR”) is a Florida entity and its trade name is used by a group of companies, partnerships, and ventures that develop distinctive real estate projects offering residential condominiums, rental apartments, affordable and workforce housing, and mixed use developments. Each particular real estate development project that listed on this website is a separate, single purpose entity that is solely responsible for its own separate development project, contracts, obligations, duties, and responsibilities. Each project depicted is developed by one such distinct and separate, single purpose entity.
- Terms and Conditions of Use. These Terms and Conditions of Use (these “Terms”) apply to www.kaplanresidential.com (this “Website”), together with all documents, links, data, information, advertisements, policies, content, functions and other materials and services presented herein (“Content”). This Website may include in the Content certain material not owned by KR which may be subject to separate terms and conditions. This Website is provided by KR as a service to its customers for their informational purposes and for their personal use only. Commercial use of this Website is strictly prohibited. Your access to, and use of, this Website is subject to your compliance with these Terms and all applicable laws. By accessing and browsing this Website, you accept, without limitation or qualification, the Terms herein. KR may revise these Terms at any time by updating this posting. You can view the most current version of the Terms at any time by visiting this Website. Please note that Websites launched by any affiliates, subsidiaries, or divisions of KR may be governed by separate terms and conditions.
- Condominium Buyer Notices. If you are reviewing this Website to learn about residential condominium properties available for lease or purchase, please carefully consider the following:
(A) 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
(B) Any information concerning development projects or real estate for sale is not intended to be an offer to sell, or a solicitation to Website visitors 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 is made solely by the Prospectus of such project, which Prospectus is filed with the State of Florida and available from the project developer.
- Please Read These Terms Carefully Before Using This Website. By accessing this Website or any of its Content, you signify your agreement to be bound by each and every one of the Terms and that you are of sufficient legal age. If you do not agree with these Terms, please cease using this Website immediately.
- Changes to These Terms or Content. This Website may contain technical inaccuracies or typographical errors or omissions. KR is not responsible for inaccuracies, typographical errors, omissions, product information or advertising. KR reserves the right, at its discretion, to change, modify, add or remove all, or portions of, these Terms or the Content at any time. Your continued use of this Website will indicate acceptance by you of such rules, changes or modifications.
- Restrictions on Use of Content. Unless otherwise noted, all Content contained on this Website is protected by copyrights, trademarks, and/or other intellectual properties laws. No Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download, display and print the materials presented on this Website for your personal, non-commercial use. Any commercial use of any Content from this Website is prohibited. Nothing in the Content of this Website should be relied upon as advice on tax, financial, or legal matters. No real estate broker is authorized to use the Content for commercial purposes without the express prior written consent of KR.
- Prices. Prices reflected, if any, are subject to change at any time and without notice, and no price reflected includes optional features or premiums for upgraded properties. Please check with the Developer of the KR Branded Project 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 projects in development are conceptual. The Developer of each KR Project 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 may not be included with purchase, but may be available to purchase. When considering a purchase consult the Prospectus and the form purchase agreement of the KR Project you are interested in to determine items included with your purchase and all terms and conditions of such a purchase. Floor plans and elevations presented in artist’s renderings may contain options which are not standard. All dimensions of properties under development are approximate and subject to change at the discretion of the Developer and should not be relied upon when making a decision to lease or purchase.
- 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.
- User Conduct. You agree that you will not use this Website to: (a) interfere with or disrupt the business activity of KR or its affiliates or, (b) intentionally or unintentionally violate any applicable local, state, national or international law, regulation, or ordinance; or (c) hold yourself or another out as an agent, employee, or representative of KR. Use of this Website in any manner prohibited may subject the user(s) in violation to legal action.
- Disclaimer of Warranties. This Website is provided on an “as is” basis. KR expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, course of dealing or usage of trade and non-infringement. The information posted at this Website, and in emails generated from this Website, is believed to be correct as of the date posted and KR assumes no obligation to update or supplement information to reflect any facts or circumstances which may come to its attention or note any changes in laws which may hereafter occur. KR makes no warranty that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Website will be accurate, (iv) the quality of the information or materials obtained by you through the Website will meet your expectations, or (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Website is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results, if any, from the download or receipt of any such material. The posting of available condominiums, rental apartments, commercial premises, or affordable housing does not guarantee that any particular property you may desire will be available at the time you make an inquiry, nor does it guarantee that prices will not change. Furthermore, inquiring about an apartment through the Website does not mean that you are considered an applicant to lease an apartment. You are not considered an applicant to lease an apartment until you have filled out and returned the application required by the KR Project Developer’s leasing representative and that application has been accepted by that Developer’s leasing representative. No advice or information, whether oral or written, obtained by you from KR or this Website shall expressly create, or be construed to imply, any warranty not expressly stated in these Terms.
- Limitation of Liability. KR shall not be liable for any direct, indirect, special, reliance, consequential or exemplary damages, including, but not limited to, loss of profits or data, loss of or damage to property, claims of third parties or any other damages whatsoever, whether any such claim is founded in contract or negligence, in connection with the use of, or the inability to use, this Website.
- Governing Law and Jurisdiction. Any dispute arising by virtue of your access to, or use of, this Website shall be governed by the laws of the State of Florida without giving effect to any rules of conflicts of law, and shall be subject to the exclusive jurisdiction of the courts of Miami Dade County, Florida, USA.
- Trademarks. The trademarks, service marks and logos used on this Website are trademarks of KR and of others. No license or right to use any trademark contained on this Website is granted, whether by implication or otherwise by use of this Website. Any use of any trademark contained on this Website is expressly prohibited unless first authorized in writing by the trademark holder.
- Contact Information. Any questions regarding these Terms should be directed to: email@example.com.
- General Information. The Terms constitute the entire agreement between you and KR and govern your use of this Website. The failure of KR to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by a court of competent jurisdiction, the users of this Website (by use) nevertheless agree that the other provisions of the Terms shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or in connection with, use of this Website, or relating to the Terms, must be filed in the Miami-Dade, Florida court of competent jurisdiction within one (1) year after such claim or cause of action arose or be forever time barred. The section headings are for convenience only and have no legal or contractual effect.