Read this Terms of Use Agreement before accessing the Gencom Group website ("Site").
Effective Date: This Terms of Use Agreement was last updated on October 26, 2007.
This Terms of Use Agreement ("Agreement") sets forth the standards of use of this Site. By using the Site you ("you") agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this Site. We reserve the right to modify, alter, or update the terms and conditions of this Agreement without prior notice at any time. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Gencom Group (the "Company," or "we," "us" or "our") is providing you with information services. You must (1) provide all equipment necessary for your own Internet connection, including computer and modem, (2) provide your own means of access to the Internet, and (3) pay any fees related to such connection.
The Site is provided by the Company on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. The Company shall have no liability for any interruptions in the use of this Site. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may not apply to you.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, PARTICULARLY ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE THAT ARISE OUT OF OR ARE RELATED TO THIS SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, members, shareholders, consultants, attorneys, agents and employees, harmless from any and all claims, liability, damages, costs and/or demand, including, without limitation, reasonable attorneys' fees and legal costs made by any third party due to or arising out of your use of the Site, the violation of this Agreement, or infringement by you or an other who uses the Site while using your computer, of any intellectual property or any other right of 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 and reasonably as is required in the defense thereof and shall not settle any such claim without the prior written consent of the Company.
THIS IS NOT AN ADVERTISEMENT, INDUCEMENT, SOLICITATION, OR ATTEMPT TO ENCOURAGE ANY PERSON TO ACQUIRE AN INTEREST IN REAL ESTATE IN ANY STATE WHERE REGISTRATION REQUIREMENTS HAVE NOT BEEN MET. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF DEVELOPER.
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.
"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."
The Company reserves the right to modify or discontinue this Site service with or without notice to you, and shall not be liable to you or any third party should the Company exercise such right. You acknowledge and accept that the Company does not guarantee continuous, uninterrupted or secure access to our Site, and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Our Site may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or throughout, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site and we are not responsible therein. We encourage you to review said privacy policies of third-parties' sites.
Product specifications and other information have either been provided by the developer, builder, architect, owner, or collected from publicly available sources. While the Company makes every effort to ensure that the information provided on this Site is accurate and reliable, we can make no representations or warranties for such purpose. The Company makes no warranties or representations whatsoever with regard to any product information provided.
For all prospective purchases, oral representations cannot be relied upon as correctly stating the representations of the Company.
Photos, renderings, plans, prices, land uses, improvements, amenities, dimensions, specifications, materials and availability depicted on this Site may be conceptual and are subject to change or cancellation without notice. Scenes may include artist's renderings, and may be from areas not located on the property, or on unimproved locations on or near the property. 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. 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.
Our Site is operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida, and such laws will govern this Agreement without giving effect to any choice of law rules. We make no representation that our Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Florida. The venue for any litigation arising hereunder shall be the state and federal courts of Miami-Dade County, Florida.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
The Company makes no representation that the materials on this Site are appropriate or available for use in locations outside the United States and access is prohibited from territories where the materials on this Site are illegal. Those who choose to access this Site from outside the United States or territories where the materials on this Site are illegal do so at their own initiative and are responsible for compliance with local laws.
All content included or available on this Site, including site design, text, graphics, interfaces, and the selection and arrangements, are owned or licensed by the Company, with all rights reserved, or is the property of the Company and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company, is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device or manual process to monitor or copy our Site or the content contained therein without prior written permission of an authorized officer of the Company.
Gencom Group SM and the stylized "g" are proprietary marks of the Company. The Company's service marks may not be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company.
All other trademarks displayed on the Company's Site are the trademarks or service marks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks, service marks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company.
The Company may provide interactive services that may allow posting of information such as a bulletin board (BLOG) or real time access to a Company associate via an internet communication link. The Company has no control over others who may view information that you post on bulletin boards or other interactive portions of the website, or any unauthorized use of this information that may occur. Please use common sense and caution before posting personal information in interactive areas of the Site. The Company reserves the right to edit, remove, or refuse to post any information that is in violation of any laws, regulations, common decency, or this Agreement. The Company will disclose any information as necessary to satisfy any law, regulation or government request.
By using this Site, you consent to receive from the Company all communications, including notices, agreements, legally required disclosures or other information in connection with the Site (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.
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 for information regarding broker participation.
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, 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.
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.
This Site is not intended to be used by children under the age of 13. Children 13 years old and younger 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.
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 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.
These Terms of Use constitute the entire Agreement between you and the Company with respect to 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. You agree that this Agreement and any other Agreements referenced herein may be assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition.
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.