Terms of Use

Prima Luce Terms of Use

Agreement between Prima Luce and You

 

This site located at www.primalucelife.com (the “Site”) is operated by Prima Luce, LLC (“Prima Luce,” “us,” or “we”).  Prima Luce offers this Site to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use.  Your use of this Site constitutes agreement to all of these Terms of Use.  If you do not agree to and accept these Terms of Use, please exit this Site.

ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF PRIMA LUCE. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS TERMS OF USE AND TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.

 

Access to this Site

We will provide access to the Site to our users, their affiliates, and their respective employees, contractors, and/or bona fide existing or potential representatives authorized to use our services.  In the event that we provide any access through a unique logon identifier and passwords (collectively, the “Logon”) issued to you through a registration process or directly,  you will:  (a) be responsible for the security and/or use of your Logon; (b) not disclose such Logon to any person or entity; (c) not permit any other person or entity to use your Logon; (d) immediately notify us of any known or suspected unauthorized use of a Logon or any other breach of security; and (e) use the Site in accordance with the terms and conditions of these Terms of Use. You are further responsible for all activities and all actions taken with or within your Logon, and we will not be liable for any loss or damage arising from any unauthorized use of your Logon credentials. We may revoke access, in our sole discretion, to any Logon or to any internet protocol address that violates these Terms of Use or otherwise utilizes such credentials to disrupt or otherwise harm our Site, our systems or the systems of others.

 

Information on this Site

Prima Luce makes no express or implied representation or warranty about the accuracy, completeness, reliability, or timeliness of information provided on this Site.  You should not use or rely on the information on this Site as the sole basis for making decisions.  Instead, you should consult primary sources of information that are more accurate, complete, reliable, and timely.  You agree that you have responsibility to monitor changes to this Site.  Prima Luce reserves the right to modify this Site at any time without notice, but does not undertake any responsibility to update or correct the Site.

Additionally, the materials provided on this Site are not intended to be an offer to sell, or solicitation to buy a unit in the condominium. Such an offering shall only be made pursuant to the prospectus for the condominium and no statements should be relied upon unless made in the prospectus or in the applicable purchase agreement. This is not intended to be an offer to sell nor a solicitation of offers to buy real estate to residents of CT, ID, NJ, NY and OR, unless registered or exemptions are available, or in any other jurisdiction where prohibited by law, and your eligibility for purchase will depend upon your state of residency.

Any prices listed on this Site are subject to change at any time and without notice, and do not include optional features, design packages, furniture packages, or premiums for upgraded units. Please check with the Prima Luce sales center for the most current pricing.

With respect to information posted on this Site, all dimensions, room sizes and floor plan measurements are approximate and may vary per unit. Dimensions, floor plans and unit features are preliminary and proposed only. We reserve the right to modify, revise, change or withdraw any or all of same in our sole and absolute discretion and without prior notice. Pima Luce does not represent or warrant that the actual dimensions and square footage of the units will be as shown on the floor plans located on this Site or as set forth in any other promotional materials. Dimensions and square footage are approximate and may vary depending on how measured and based upon actual construction. Also, locations and layouts of windows, doors, closets, plumbing fixtures, and structural and architectural design elements may vary from concept to actual construction. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for same which may require us to alter any design, floor plan, or layout depicted.

All drawings contained on the Site are artist renderings based on plans and concepts which are subject to change without notice. We make no guarantee that the features, amenities, or facilities depicted will be built, or, if built, will be of the same type, size, or nature as depicted. Actual views from windows may vary and cannot be guaranteed. Views cannot be relied upon from any particular unit in the condominium. Any and all depictions of appliances, plumbing fixtures, counters, countertops, cabinets, soffits, floor coverings and other matters of design and décor detail are illustrative and conceptual only and are not necessarily included in each unit. These drawings, images, and depictions shown are conceptual only and should not be relied upon as representations, express or implied, of the final detail of the condominium exterior or interior of the residences. Consult your purchase agreement and the prospectus for the items included with the unit.

The photographs contained on this Site may be stock photography or may have been taken off-site and are used to depict the ambiance and lifestyle to be achieved rather than any lifestyle that may exist or that may be proposed. Models in such photographs do not reflect any racial or gender preferences. The views depicted in any photograph are intended to evoke the feeling of urban lifestyles and are not intended to depict the actual views from any unit. All photographs are merely intended as illustrations and not depictions of the actual condominium nor actual views nor actual unit owners and guests.

Nearby attractions, restaurants, shopping centers and activities that may be referenced or identified on this Site are off-site and not controlled by Prima Luce and some may not yet exist. Information provided on this Site regarding nearby attractions, restaurants, shopping centers and activities, whether existing or proposed, has been obtained from news articles and other sources of public information and is believed accurate as of the date that the Site was last updated. However, there is no guarantee that any, or all, nearby attractions, restaurants, shopping centers and activities will exist or be fully developed, as depicted.

The managing entities, artwork, contributing artists, interior designers, spas, fitness facilities, amenities, restaurants, and services (if any) proposed within the condominium and referred to on this Site are accurate as of the date that the Site was last updated; however, there is no guarantee that all, or any, of the proposed features, managing entities, artwork, contributing artists, interior designers, spas, fitness facilities, amenities, restaurants, and services will be involved at, or included in the condominium. Prima Luce reserves the right, in Prima Luce’s sole and absolute discretion, to change managing entities, artwork, contributing artists, interior designers, spas, fitness facilities, amenities, restaurants, or services (as applicable) with any features, amenities, and facilities of comparable quality as Prima Luce deems necessary or to be in the best interest of the condominium.

There are various methods for calculating the square footage of a unit and depending on the method of calculation, the quoted square footage of a unit in advertising materials may vary from the square footage of a unit as stated or described in the prospectus and the declaration. The dimensions in the unit shown in these floor plans have been calculated from the exterior boundaries of the exterior walls to the centerline of interior demising walls, including common elements such as structural walls and other interior structural components of the building and in fact vary from the dimensions that would be determined by using the description and definition of the “unit” set forth in the prospectus and the declaration. For your reference, the area of the unit, determined in accordance with the unit boundaries as defined in the prospectus and the declaration are less than the square footage reflected here. The configuration and use of space or the floor plan design may vary from that in the prospectus and declaration because we reserve the right in the prospectus to make design, dimension, specification, and plan changes at any time, in our discretion, without notice to buyers. The measurements of room set forth on the floor plans are generally taken at the greatest points of each given room (as if the room were a perfect rectangle) without regard for any cutouts. Accordingly, the area of the actual rooms will typically be smaller than the product obtained by multiplying the stated length times width. All dimensions are approximate and may vary with actual construction, and all floor plans and development plans are subject to change. The furnishings and décor illustrated are not included with the purchase of the unit. See the prospectus for additional information regarding what is offered with the unit and the calculation of the unit square footage and dimensions.

No real estate broker or sales agent (whether engaged by Prima Luce or not) is authorized to make any representations or other statements (verbal or written) regarding the condominium, and no agreements with, deposits paid to, or other arrangements made with, any real estate broker or agents are binding on Prima Luce. For information concerning the condominium refer to the prospectus.

 

Use of Site Content

This Site and all of its content are the exclusive property of Prima Luce and its licensors and service providers.  This includes, without limitation, all text, design, graphics, videos, logos, images, icons, downloads, interfaces, code, and software, and the selection and arrangement thereof.  This Site and all of its content are protected individually and as a compilation by copyright, trademark, and other applicable laws of the United States and other countries, and Prima Luce reserves all its rights thereunder.  All trademarks, service marks, and logos on this Site are the property of their respective owners.  Nothing on this Site shall be construed as granting any license or right to use any trademark, service mark, or logo without the owner’s prior written permission, except as otherwise expressly stated herein.  Prima Luce makes no warranty or representation that your use of this Site will not infringe rights of third parties.

Prima Luce allows Site users to access, download, print, and copy the material contained on this Site for their use in connection with our products and services, provided that such use must be limited to what is reasonably necessary for such purposes, and that users must not modify or delete any copyright, trademark, or other proprietary notice on such material.  Prima Luce expressly prohibits any other use of content of this Site, including without limitation copying, uploading, modifying, distributing, publishing, transmitting, reverse engineering, selling, licensing, or creating derivative works from any content of this Site or the Prima Luce products or services described herein.  Any use of content of this Site for purposes competitive to Prima Luce is expressly prohibited.  Prima Luce also expressly prohibits any use of any hardware, device, software, or routine to damage or interfere with this Site or its operation or to gain unauthorized access to any hardware, software, system, or data.

Prima Luce prohibits anyone from framing this Site or its content or using our Site content or proprietary marks as meta tags, except with our prior written consent.  This prohibition covers all framing and “hidden text” techniques and technology.

 

Materials You Submit

Your use of this Site constitutes acknowledgement that you are responsible for any material you submit via this Site in any manner.  Your responsibility includes without limitation assuring the legality, ownership of and truthfulness of and intellectual property and other rights to the information you submit.  You may not submit false or misleading information about your identity or contact addresses or the origin of the material you are submitting, including when registering and submitting content using the Site.  You are prohibited from submitting, uploading, publishing, or otherwise distributing in connection with this Site any content that (i) may violate any law or give rise to liability; (ii) may violate or infringe on the rights of any party, including without limitation intellectual property rights and rights to privacy; (iii) is false, fraudulent, libelous, defamatory, obscene, sexually oriented, profane, threatening, harassing, abusive, or otherwise objectionable; (iv) is confidential or proprietary to a third party without their authorization; or (v) may contain malware, spam, commercial content, political campaigning, or chain letters.

Submission of personal information to Prima Luce or its service providers and use of that information by Prima Luce are subject to the Privacy Policy posted on this Site. By submitting any material to Prima Luce via this Site, you are granting Prima Luce and its affiliates an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, display, publish, reproduce, modify, adapt, translate, distribute, and create derivative works from such material throughout the world in any media.  You further agree that Prima Luce and its affiliates are free to use any ideas, concepts, or know-how specifically regarding the services provided on the Site that you or individuals acting on your behalf provide to us.  You grant Prima Luce and its affiliates in their discretion the right to use the name you submit in connection with such material.  With respect to all material you submit, you represent and warrant that (i) it is accurate; (ii) you own or otherwise control all the rights to it; (iii) its use does not violate any provision of these Terms of Use; (iv) its use will not cause injury to any person or entity; and (v) you will indemnify and hold harmless Prima Luce, its affiliates, and its respective directors, officers, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers for all claims resulting from it.

 

Links

As a convenience to you, this Site may contain links to other sites operated by Prima Luce, its affiliates, or third parties.  Different terms and conditions may apply to your use of linked sites.  Prima Luce is not responsible for the content, security, operation, or use of any linked sites operated by others or the products or services that may be offered or obtained through those sites.  Inclusion of links to other sites should not be viewed as recommendation, approval, or endorsement of those sites or their content by Prima Luce.  Prima Luce is not responsible for any loss, damages, or other liabilities incurred as a result of your use of linked sites.

 

Disclaimers

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  PRIMA LUCE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTIES REGARDING TITLE AND NONINFRINGEMENT; AND (III) ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.  PRIMA LUCE MAKES NO REPRESENTATION OR WARRANTY THAT (A) THIS SITE OR ANY TECHNOLOGY ASSOCIATED WITH IT WILL BE SECURE OR FREE FROM MALWARE; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) INFORMATION ON THE SITE WILL BE ACCURATE, COMPLETE, OR TIMELY; OR (D) USE OF INFORMATION OR MATERIALS ON THIS SITE WILL BE ADEQUATE, USEFUL, RELIABLE, OR SUITABLE FOR ANY PURPOSE.  NO ORAL OR WRITTEN ADVICE OR INFORMATION YOU MAY OBTAIN FROM PRIMA LUCE OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION FROM UPLOADING OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE.

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES.  IN SUCH A JURISDICTION, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE TO ALL OF THE FOLLOWING: (I) THIS SITE IS MADE AVAILABLE TO YOU IN CONNECTION WITH OUR SERVICES AND SUBJECT TO THE TERMS AND CONDITIONS OF ANY SERVICE AGREEMENT; (II) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE; (III) USE OF THIS SITE IS AT YOUR OWN RISK; (IV) ANY INFORMATION YOU SEND OR RECEIVE MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; AND (V) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITTEN AGREEMENTS EXECUTED BETWEEN US, NEITHER PRIMA LUCE, NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR INFORMATION ON THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR ANY DELAY OR INABILITY TO USE THIS SITE, OR FROM ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS SITE, THE REMOVAL OR DELETION OF ANY MATERIALS POSTED ON OR SUBMITTED TO THIS SITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR GOODS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE,  RELIANCE ON CONTENT, USER SUBMISSIONS, AND/OR OTHER SUBMISSIONS ON OUR SITE, OR ANYTHING OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PRIMA LUCE, ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY ERROR, OMISSION, DEFECT, FAILURE OF PERFORMANCE, INTERRUPTION, DELETION, DELAY, MALWARE, DATA CORRUPTION, OR NETWORK OR SYSTEM OUTAGE RELATING TO THIS SITE.  THIS DISCLAIMER ALSO APPLIES TO ANY TANGIBLE OR INTANGIBLE LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OF YOUR OR ANY THIRD PARTY’S PROFITS, AND ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA.  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PRIMA LUCE, ITS AFFILIATES, AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY ACTS OF ANY THIRD PARTY IN CONNECTION WITH THIS SITE, INCLUDING WITHOUT LIMITATION ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USER OF THIS SITE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR WITH ANY OF THESE TERMS OF USE[ AS SUPERSEDED BY ANY SERVICE AGREEMENT], YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THIS SITE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE SERVICE AGREEMENT.  YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS.  IN SUCH JURISDICTIONS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnification

You agree to indemnify, defend, and hold harmless Prima Luce, its affiliates, and its respective directors, officers, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this Site or any violation of these Terms of Use.  If you cause a technical disruption of the Site or the systems making the Site available to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.  Prima Luce reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Prima Luce in the defense of such matter.

 

Jurisdiction and Applicable Law

These Terms of Use and your use of this Site are governed by the laws of the United States and the State of Florida.  By using this Site, you irrevocably consent to the jurisdiction of the courts located in the State of Florida for any action arising out of or relating to use of this Site or to these Terms of Use.

We recognize that this Site may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of Florida.  Users should be aware that data related to this Site is hosted in the United States.  Because we cannot practicably prevent users in different jurisdictions from accessing the Site, you are responsible for knowing and complying with the laws of your jurisdiction.  If such laws conflict with your use of this Site or any of its content, this Site is not intended for you, and we ask you not to use it.

You acknowledge and agree that materials found on this Site are subject to the U.S. Export Administration Laws and Regulations. Diversion of such materials contrary to U.S. law is prohibited. You agree that none of the materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Prima Luce, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Any of our technology for or on behalf of the United States of America, its agencies and/or instrumentalities (”U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable.

 

Changes to These Terms of Use

Prima Luce reserves the right, at any time and in its sole discretion, to change these Terms of Use in whole or in part, by posting revised Terms of Use on this Site. Where practicable, we shall provide you with thirty (30) days’ notice of any material changes to this Site. You are responsible for reviewing, agreeing to, and complying with the Terms of Use in effect at the time you use this Site.  Your continued use of this Site constitutes acceptance of the Terms of Use then in effect.

 

Entire Agreement, Admissibility, and Severability

These Terms of Use and any policies or operating rules posted on this Site, constitute the entire agreement and understanding between Prima Luce and you with respect to the subject matter thereof and supersede all prior or contemporaneous oral or written communications or proposals between Prima Luce and you with respect to such subject matter; provided that any written contractual agreement with Prima Luce in connection with provision of any products or services supersedes any contrary information in this Site.  You agree and acknowledge that your use of this Site does not make Prima Luce your agent for any purpose, and that no agency, partnership, joint venture, or similar relationship exists, or is intended to exist between you and us by virtue of your use of this Site or the content thereof.  You agree that, except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.  A printed version of these Terms of Use shall be admissible in any judicial or administrative proceeding based on or relating to this Site or its use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms of Use is determined by a competent court with jurisdiction in the matter to be invalid, unenforceable, or void pursuant to applicable law, that determination shall not invalidate or void the remainder of these Terms of Use, and the parties agree and intend that these Terms of Use shall be amended by changing the offending provision only as far as is necessary to make it valid, legal, and enforceable while preserving its intention or, if such modification is not possible, the parties will substitute another provision that is valid, legal, and enforceable to achieve, as far as possible, the same results between the parties.

 

Termination or Restriction of Access

Prima Luce reserves the right to remove or bar any person from this Site and prevent anyone from uploading or downloading materials to or from this Site, without notice and in Prima Luce’s sole discretion.  Prima Luce also reserves all other rights it may have, including without limitation the right to seek any other relief to which Prima Luce may be entitled by law or in equity.

 

No Waiver

You agree that any failure by Prima Luce to enforce any provision of these Terms of Use or respond to a breach by you or another party does not in any way waive our right to enforce subsequently any provision of these Terms of Use or any right of Prima Luce or to act with respect to similar breaches.

 

Contact Us

If you have any questions or comments about these Terms of Use or this Site, you may contact us using any of the following methods:

Email: info@primalucelife.com

2631 First Street
Fort Myers, FL 33916

 

Last updated: February 27, 2017

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info@primalucelife.com

239-214-7535

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2631 First Street, Fort Myers, FL 33916  |  239-214-7535  |  info@primalucelife.com |               

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