Agreement between MDD and You
Access to this Site
Information on this Site
MDD 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. MDD 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 Offices at 1212, a Commercial Condominium (the "Condominium"). No statements should be relied upon unless made in the Declaration 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 may 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 or residences. Please check with the sales center for the most current pricing.
With respect to information posted on this Site, all dimensions, square footages, room sizes, unit sizes and floor plan measurements are approximate and may vary. Dimensions, square footages, floor plans and 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. MDD does not represent or warrant that the actual dimensions and square footages of the Condominium 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 footages are approximate and may vary depending on how measured and based upon actual construction. The square footages of the units as shown on this Site, including the floor plans, have been calculated from the exterior boundaries of the exterior walls to the centerline of interior demising walls, including common elements and shared facilities such as structural walls and other interior structural components of the building, and have generally been taken at the greatest points of each given room without regard for any cutouts. The area of the actual unit will typically be smaller than indicated. The square footages of the units posted on this Site are greater than the square footages that would be determined by using the description and definition of the “unit” set forth in the Declaration. 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. We may include additional amenities or features, or may exclude amenities or features depicted or described. Most of the amenities within the 1212 Aventura project (the "Project") are not part of the Condominium and instead are part of a privately owned parcel defined in the Master Covenants as the "Shared Facilities Parcel." The owner of the Shared Facilities Parcel will grant the unit owners and their tenants, customers and employees an easement to use certain amenities and facilities of the Shared Facilities Parcel (the "shared facilities") in exchange for the unit owners paying a share of the costs of operating, maintaining and insuring the shared facilities, as further described in the Master Covenants. Actual views from windows may vary and cannot be guaranteed. Views cannot be relied upon from any particular unit in the Condominium or residence in the Project. 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 included in each unit unless specified otherwise in the purchase agreement. The drawings, images, and depictions shown on this Site are conceptual only and should not be relied upon as representations, express or implied, of the final detail of the exterior or interior of the units or residences. Consult your purchase agreement or lease for the items included with the unit or residence.
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 MDD 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 development partners, EB-5 partners, and proposed features, amenities, restaurants and services (if any) with respect to the Project that are referred to on this Site are accurate as of the date that the Site was last updated; however, MDD reserves the right, in MDD’s sole and absolute discretion, to change any of same at any time as MDD deems necessary or to be in the best interest of the Condominium or Project.
Disclosure Regarding Calculation of Square Footage of Units
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 DECLARATION. THE SQUARE FOOTAGES OF THE UNITS SHOWN IN THE FLOOR PLANS ACCESSIBLE FROM THIS SITE HAVE BEEN CALCULATED FROM THE EXTERIOR BOUNDARIES OF THE EXTERIOR WALLS TO THE CENTERLINE OF INTERIOR DEMISING WALLS, INCLUDING COMMON ELEMENTS AND SHARED FACILITIES SUCH AS STRUCTURAL WALLS AND OTHER INTERIOR STRUCTURAL COMPONENTS OF THE BUILDING, AND HAVE GENERALLY BEEN TAKEN AT THE GREATEST POINTS OF EACH GIVEN ROOM WITHOUT REGARD FOR ANY CUTOUTS. THE AREA OF THE ACTUAL UNIT WILL TYPICALLY BE SMALLER THAN INDICATED. THE SQUARE FOOTAGES OF THE UNITS SHOWN IN THE FLOOR PLANS ACCESSIBLE FROM THIS SITE ARE GREATER THAN THE SQUARE FOOTAGES THAT WOULD BE DETERMINED BY USING THE DESCRIPTION AND DEFINITION OF THE “UNIT” SET FORTH IN THE DECLARATION. FOR YOUR REFERENCE, THE AREA OF THE UNIT, DETERMINED IN ACCORDANCE WITH THE UNIT BOUNDARIES AS DEFINED IN 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 DECLARATION BECAUSE WE RESERVE THE RIGHT TO MAKE DESIGN, DIMENSION, SPECIFICATION, AND PLAN CHANGES AT ANY TIME, IN OUR DISCRETION, WITHOUT NOTICE TO BUYERS. 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, IF ANY, ARE NOT INCLUDED WITH THE PURCHASE OF THE UNIT. CONSULT THE DECLARATION FOR INFORMATION REGARDING WHAT IS OFFERED WITH THE UNIT AND THE CALCULATION OF THE ACTUAL UNIT SQUARE FOOTAGE AND DIMENSIONS.
Information Regarding the Project and Condominium
The Condominium will be part of the larger mixed-use Project known as 1212 Aventura, and will be governed by the Master Covenants. As currently contemplated, the Master Covenants will divide the Project into five distinct and saleable parcels: (i) the "Office Parcel," upon which the Condominium will be created, (ii) the "Retail A Parcel," a ground level parcel currently intended to be used for retail purposes, (iii) the "Retail B Parcel," a ground level parcel currently intended to be used for retail purposes, (iv) the "Apartment Parcel," currently intended to be used for luxury senior living residences, and (v) a "Shared Facilities Parcel," currently intended to include all structural components of the building, the roof, the grounds, the parking garage and other items and facilities (each as defined and further described in the Master Covenants). As currently contemplated, the owner of the Shared Facilities Parcel will grant the other parcel owners and unit owners the right to use the "Shared Facilities" portions of the Shared Facilities Parcel and, in exchange, it will have the right to assess the other owners for the costs of owning, managing, maintaining, operating and insuring the Shared Facilities. The owner of the Shared Facilities Parcel will have the right to impose and foreclose liens against the units and parcels in the event such assessments are not paid when due, as further described in the Master Covenants. There will be no master property owners association for this Project. Most of the items and facilities that would typically be common areas or common elements managed by an owners association will instead be privately owned by the owner of the Shared Facilities Parcel, which will manage, maintain and operate the Shared Facilities. The other owners, including the unit owners, will not have any voting interest or control over the management, maintenance or operation of the Shared Facilities.
Restaurants, offices, senior living residences and other business establishments are anticipated to be operated in various parcels and units of the Project which will be offered for sale to third parties. Any business establishments and/or any operators of same are subject to change at any time, and no representations regarding restaurants, offices, senior living residences or other businesses and/or operators within the Project may be relied upon. Except as may be otherwise provided in the Declaration or Master Covenants, the use of the parcels and units will be in discretion of the purchasers of the parcels and units and there is no assurance that they will be used for the purposes, and/or with the operators, named on this Site.
No real estate broker or sales agent (whether engaged by MDD or not) is authorized to make any representations or other statements (verbal or written) regarding the Condominium or Project, and no agreements with, deposits paid to, or other arrangements made with, any real estate broker or agents are binding on MDD. For information concerning the Condominium and/or Project, refer to the Declaration and the Master Covenants, including the exhibits thereto.
Use of Site Content
This Site and all of its content are the exclusive property of MDD 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 MDD 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. MDD makes no warranty or representation that your use of this Site will not infringe rights of third parties.
MDD 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. MDD 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 MDD products or services described herein. Any use of content of this Site for purposes competitive to MDD is expressly prohibited. MDD 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.
MDD 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.
As a convenience to you, this Site may contain links to other sites operated by MDD, its affiliates, or third parties. Different terms and conditions may apply to your use of linked sites. MDD 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 MDD. MDD is not responsible for any loss, damages, or other liabilities incurred as a result of your use of linked sites.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MDD 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. MDD 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 MDD 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 MDD, 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 MDD, 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 MDD, 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.
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.
Jurisdiction and Applicable Law
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 MDD, 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.
Entire Agreement, Admissibility, and Severability
Termination or Restriction of Access
MDD 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 MDD’s sole discretion. MDD also reserves all other rights it may have, including without limitation the right to seek any other relief to which MDD may be entitled by law or in equity.
21290 Biscayne Blvd.
Aventura, FL 33180
Last updated: March 17, 2020