Terms of Use

As used herein, the name “Luxure Group” or the pronouns “we,” “us” or “our” refer generically to Luxure Group of Florida Corporation and its affiliates such as, but not limited to, Luxure Group, LLC. Luxure Group provides this website and the websites of its affiliates, as well as any mobile websites and apps provided by Luxure Group (collectively, our “Platforms”), as a resource for you to find general information relating to the communities and homes offered by Luxure Group affiliated entities. Violation of these Terms of Use may result in termination of your use of or access to the Platforms. Any disruption of the Platforms caused by you or anyone using your account will be prosecuted to the fullest extent of the law. By using the Platforms, you acknowledge that you have read these Terms of Use and agree to be bound by the terms and conditions herein.

READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PLATFORMS. USING ANY PART OF THE PLATFORMS INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS OF USE. YOU CANNOT USE THE PLATFORMS IF YOU DO NOT ACCEPT THESE TERMS OF USE.

THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE WITH RESPECT TO DISPUTES THAT YOU MAY HAVE WITH Luxure Group. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION PROVISION AND THE CLASS ACTION WAIVER IN THESE TERMS OF USE AS PROVIDED BELOW.

GENERAL

By visiting or using the Platforms, you agree to be bound by the laws of the State of Florida, without regard to principles of conflicts of law, which will govern these Terms of Use and any dispute of any sort that might arise between you and Luxure Group. Any disputes relating to or arising out of the Platforms or these Terms of Use not subject to arbitration will be heard in the courts located in Florida. If any of these Terms of Use are deemed inconsistent with applicable law, then those terms will be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms of Use, we are not waiving our rights. These Terms of Use are the entire agreement between you and us regarding the Platforms, and they supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Luxure Group about everything covered by these Terms of Use, including the Platforms. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions will survive any termination of these Terms of Use. Notwithstanding anything to the contrary in these Terms of Use, if you enter into a written agreement for the purchase of a home or the use of a service provided by Luxure Group, such written agreement shall be the governing document and nothing in these Terms of Use will supersede or prevail over any such written agreement.

MOBILE APPLICATIONS

Use of certain features of the Platforms requires the installation of a mobile application available for use on certain mobile devices. Use of the mobile application requires a mobile device that is compatible with the mobile application. Luxure Group does not warrant that the mobile application will be compatible with every mobile device. Subject to your compliance with these Terms of Use, Luxure Group grants you a limited, non-exclusive, non-transferable, revocable, license to install an object code copy of the mobile application on one mobile device owned or leased by you. You acknowledge that Luxure Group may from time to time issue upgraded versions of the mobile application and may automatically upgrade the version of the mobile application that you are using on your mobile device. You consent to automatic upgrading and agree that these Terms of Use will apply to all upgrades. The foregoing license grant is not a sale of the mobile application or any copy of the mobile application, and Luxure Group and its third-party licensors and suppliers retain all right, title, and interest in and to the mobile application (and any copy of the mobile application). You have no other rights in the mobile application and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any confidential or proprietary materials in the mobile application. Standard carrier data charges may apply to the use of the mobile application.

SMS MESSAGING

You can sign up to receive recurring, automated marketing messages to the phone number you provide to Luxure Group. If you sign up for those messages, you agree that you (1) are at least 18 years old; (2) own the telephone number you provide Luxure Group; and (3) expressly consent to receive recurring, automated text messages sent by, or on behalf of, Luxure Group. Message and data rates may apply to such messages, and our message frequency varies. You can opt out of receiving those messages at any time by replying “STOP” or contact us to request that that we no longer send you text messages.

UNAUTHORIZED ACTIVITIES

You are authorized to use the Platforms only for individual and informational purposes. Any other use of the Platforms beyond individual and informational purposes is prohibited and constitutes unauthorized use of the Platforms.

Unauthorized use of the Platforms may result in violation of various United States and international copyright laws. Examples of unauthorized use include, but are not limited to, the following:

COPYRIGHT

The Platforms, including, without limitation, all text, plans, floor plans, elevations, renderings, illustrations, graphics, photographs and images, are all copyrighted material owned by Luxure Group, and may not be used, copied, reproduced or distributed in any manner, in whole or in part, without the express prior written consent of Luxure Group.

EQUAL HOUSING OPPORTUNITY

We are pledged to the letter and spirit of 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.

NO OFFER TO BUY OR SELL

The information contained on the Platforms is for informational purposes only and shall not be construed or deemed to: (i) constitute an offer to sell any of the homes or communities described or referred to on the Platforms, or (ii) be an offering or a solicitation in those states where prior registration is required. Offers to purchase our homes may only be made and accepted at the sales center located at the applicable community, and by execution of a written purchase contract by the parties thereto. In addition, if prior registration under the laws of your state is required, please understand that we may not be able to provide you with information.

CHANGES IN INFORMATION

The information on the Platforms is subject to change at any time and without notice. In addition, inaccuracies or errors may sometimes exist. However, we endeavor to provide the most up-to-date and accurate information possible on the Platforms. We reserve the right to change any and all such information, and to correct any such inaccuracies or errors that may exist, at any time and without notice. Luxure Group shall not be responsible or liable in any way for any losses or damages of any kind whatsoever (including, without limitation, punitive, consequential or incidental damages) which you may incur in connection with the Platforms and/or your use thereof, including, without limitation, any inaccuracies or errors that may exist. All information should be verified by you at the particular community you are interested in.

PRICES

All prices are subject to change at any time and without notice, and do not include optional features or premiums for upgraded homesites. From time to time, price changes may have occurred that are not yet reflected on the Platforms. Incentives are similarly subject to change at any time and without notice and may be subject to conditions. Please check with the sales center at the applicable community you are interested in for the most current pricing and incentives.

PLANS; FEATURES; OPTIONS; CHANGES; PHOTOGRAPHY; ILLUSTRATIONS

Prices, plans, specifications, features, elevations, amenities, designs, dimensions, materials and appliances are subject to availability, and to change or substitution as deemed necessary or advisable by Seller, its engineers, product manufacturers, as required by law, as may be necessitated by a change in Seller’s contractors or vendors, or as may be necessitated due to the features or appliances being otherwise unavailable for installation. Plans and elevations are not necessarily to scale and may be the reverse (mirror) image of those shown. All measurements shown on plans, including, but not limited to, room dimensions and ceiling and wall heights, are approximate and may vary from those shown as a result of, among other things, construction materials, construction practices, field conditions and flooring thicknesses. Square footages are measured from the outside of exterior walls. Illustrations of elevations and plans are artist’s renderings only and are not representations of any kind. In production, plans and elevations may vary in precise details and dimensions and may not be as shown. The fixture shapes shown are graphical in nature and are not necessarily indicative of a particular style or model. Furniture layouts are artist’s concept only and are strictly meant for illustrative and conceptual purposes only. Furniture layouts are also not a representation or guaranty of, and no representation or guaranty is made regarding: (i) the size or dimension of any room or area depicted on the plan, or (ii) the ability to place furniture in the same or similar manner as depicted on the plan in any room or area. All furniture, decorator built-ins, area rugs, accessories and tile details shown on the plan are not included in the purchase of a home. Any landscaping depicted is not to scale and may vary as to type, maturity, location, and number. Photographs featured may be similar to the plans being sold, but certain specifications may differ.

VIRTUAL TOURS

Virtual Tours used in the Platforms are for general demonstration purposes only and are not depictive of the actual homes to be constructed. The tours are available to generally show the layout and design of the homes available for purchase.

DISCLAIMER OF WARRANTIES

THE PLATFORMS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORMS IS WITH YOU.

Luxure Group EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY) WITH RESPECT TO THE PLATFORMS, WHICH INCLUDE BUT ARE NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT Luxure Group DOES NOT PROMISE YOU THAT THE PLATFORMS ARE FREE OF PROBLEMS. Without limiting the generality of the material above, Luxure Group makes no warranty that the Platforms or any part of the Platforms will meet your requirements or expectations, that the Platforms will be uninterrupted, timely, secure, or error free, or that defects in the Platforms will be corrected. Luxure Group makes no warranty as to the results that may be obtained from the use of the Platforms or as to the accuracy or reliability of any information obtained through the Platforms. No advice or information, whether oral or written, obtained by you through the Platforms, from Luxure Group will create any warranty. Luxure Group disclaims all equitable indemnities.

LIMITATION OF LIABILITY

Luxure Group WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE PLATFORMS, FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING OF ANY MATERIALS TO OR FROM THE PLATFORMS, OR FROM YOUR PARTICIPATION IN ANY SERVICE PROVIDED THROUGH THE PLATFORMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Luxure Group BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

LINKS TO THIRD-PARTY SITES

The Platforms may provide links to third-party websites for your convenience. These websites are not owned, controlled or maintained by Luxure Group. Your use of such links and websites is solely at your own risk are provided for your use solely as a convenience. YOU AGREE THAT Luxure Group WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE, OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Luxure Group of Florida Corporation and each and every of its affiliates, and each of their respective affiliates, shareholders, partners, members, managers, officers, directors, employees, consultants, attorneys and agents, from and against any and all claims, liabilities, damages (whether direct, indirect, punitive, incidental, special, consequential or otherwise), judgments, settlements, causes of action and/or costs whatsoever (including, without limitation, reasonable attorneys fees up to and through arbitration and trial and all appellate levels, and in all actions to collect such attorneys’ fees and costs) arising from and/or in connection with your use of the Platforms and/or your violation of these Terms of Use.

BROKER POLICY

Luxure Group values our relationships with the local brokers in our communities. A commission will be paid to a Broker when the Broker complies with the policies and procedures below and in accordance with the Broker Participation Agreement to be entered into between the Broker and the community developer. The following are some of our policies and procedures for establishing and maintaining these relationships:

Buyer Registration: All prospective Buyers will be required to complete a Traffic Registration Form upon their initial visit to a Luxure Group community. That form will provide the Buyer an opportunity to indicate whether they are working with a Broker or one of Broker’s Agents, and if so, provide the Broker’s name and contact information. If the Buyer registers without identifying a Broker or Broker’s Agent, no Broker will be eligible to receive a commission for that Buyer’s purchase.

Broker Registration: Broker or one of Broker’s Agents must be present during the Buyer’s initial visit to the community and must complete a Broker Registration Form at that time. If not present during the Buyer’s initial visit but the Buyer has indicated they are working with the Broker on the Traffic Registration Form, the Broker may visit the sales office and complete the Broker Registration Form within 2 days of the Buyer’s initial visit.

Buyer Representation: Upon execution of the Broker Registration Form, the Broker will have the exclusive right to represent the Buyer in connection with the purchase of a home in the community for a period of 90 days. If the Buyer executes a Purchase Contract within those 90 days, the Broker must then complete and return a Broker Participation Agreement and all supporting documentation required therein to the sales office within 30 days.

Once a Buyer has visited any Luxure Group community (a “Visited Community”) without identifying a Broker or if any 90-day protection period expires, no commission will be eligible for payment to any Broker for that Buyer’s purchase unless 1 year elapses from that Buyer’s last contact with that Visited Community. Broker registration requirements are required to be complied with at each Visited Community, even if multiple communities are sold from a shared sales office.

Commissions: Commissions may be different at each community, but are generally 3% of the net purchase price (i.e., base purchase price of the home plus lot premium, not including any options, less all credits and promotional discounts). Commissions are payable at closing only if and after the transaction actually closes. If closing does not occur for any reason whatsoever, no commission will be paid. Brokers may not refund, rebate, or otherwise reimburse Buyer for any portion of the commission earned.

Marketing: Broker, its agents and/or representatives are not permitted to:

All references to Luxure Group, a Luxure Group community name, a floor plan, model or other item of Luxure Group appearing on any website page of Broker shall only be used as hyperlinks to Luxure Group’ webpages and content utilizing hyperlinks provided by Luxure Group which shall be made available to broker upon request. Filming and photography of or within any Luxure Group community is expressly prohibited except with express written permission from Luxure Group.