TERMS OF USE
Last Updated June 3, 2022
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR USE ("Terms of Use") OF THESE SITES (as defined hereinafter) CAREFULLY BEFORE PROCEEDING. All users ("Users" or “You”) of “these Sites,” which are defined to include all online and mobile websites, social media sites, applications, and any other services offered or provided by Palma Sola Grande (as defined below), agree that You have read and understand these Terms of Use and that access to or any other use of these Sites is subject to the following Terms of Use and all other applicable laws. We are not responsible for the collection, usage or sharing practices or policies of other companies or platforms including Facebook, Twitter, Instagram, Google, or Adobe, to mention just a few. Please visit those websites to review their privacy policies and practices. If you do not agree to these Terms of Use, please discontinue and do not use these Sites.
These Terms of Use describe the use of this website (this “Website”), mobile sites, applications, and mobile interactive features (“Mobile Applications”), social media pages and blogs (“Social Media Pages”), and in connection with email messages that we may send to You. This Website, our Mobile Applications and our Social Media Pages are collectively referred to in these Terms of Use as our “Sites.” As used herein, the words “user,” “You,” and “your” mean users of this Website or our other Sites.
Legal Terms:
Palma Sola Grande LLC and its affiliates and subsidiaries (for purposes of these Terms of Use, including but not limited to, Palma Sola Grande LLC and the entities set forth in the below “Licenses and Legal Entities” table) (collectively, "Palma Sola Grande", “we,” “us” or “our”) has created, maintains, and provides these Sites solely for informational and communication purposes regarding the Palma Sola Grande family of community, homes, financial services (including home mortgages offered through 3rd-party lenders). (hereafter, "lenders"), warranty services, and other related products and services and is not intended to constitute an offer of solicitation. While Palma Sola Grande attempts to keep the information included in these Sites accurate and up-to-date at all times, Palma Sola Grande cannot and does not guarantee its accuracy or completeness (including, but not limited to, its text, graphics, renderings, links, prices, association fees, model home plans and features, proposed amenities, development plans, size and layout of a Community, and availability of homes or lots or any other items contained in these Sites or any linked sites, and future uses of adjacent areas outside a Community).
Reservation of Rights to Change Information; Reliance on Statements:
By using these Sites, including the website found at, linked from, or otherwise contained within www.palmasolagrande.com, You signify Your acceptance of the legal terms contained in the Terms of Use and any legal terms found elsewhere on these Sites. All such legal terms are subject to change without notice to You, except that such changes to the Terms of Use will be posted on this Web Site. Such changes are binding on You and are not subject to further acceptance by You. The information offered on these Sites by Palma Sola Grande is provided with the understanding that Palma Sola Grande is not engaged in rendering legal, financial, tax, investment, or other professional services or advice. The use of these Sites is subject to the additional disclaimers, caveats, and notices that may appear herein and on any specific page of these Sites.
Licenses and Legal Entities, by State:
| State | Seller’s Broker/Selling Information | General Contractor Information |
| Florida
|
Chad Fonder Licensed Realtor® Suncoast Luxury Team with Coldwell Banker Global Luxury |
Pete Dospel Licensed General Contractor Construction LLC CGC #1513827 |
Copyright Information:
Copyright © 2018-2022, Palma Sola Grande LLC. All rights reserved. Palma Sola Grande invites Users to browse these Sites and any linked pages for their individual educational or entertainment purposes and to obtain information about Palma Sola Grande and the Palma Sola Grande community. The entire content of these Sites, including images and text, graphics, charts, pictures, photographs, videos, multi-media, images, icons, community site plans, maps, development plans, renditions and floor plans, as well as works that are licensed to Palma Sola Grande and found within these Sites are copyrighted as individual or collective Works, protected by U.S. and international copyright laws and are currently owned by or licensed to Palma Sola Grande, Inc. or its partners and used with the owner’s express permission. Palma Sola Grande grants a limited license to Users to view or print single pages from the Sites for personal informational purposes only, and not for any commercial purposes. Use of the Sites by Users is conditioned upon Your agreement to abide by these terms and restrictions. Any unlawful or unauthorized use by You, including any other use, copying, modification, distribution, republication, or transmission of these Sites or any Works contained there, without the express, written permission of Palma Sola Grande, is strictly prohibited. ANY VIOLATION OF THE FOREGOING CONDITIONS OR LIMITED USE WILL SUBJECT THE USER TO THE POSSIBILITY OF LEGAL ACTION, INCLUDING BUT NOT LIMITED TO RECOVERY OF ACTUAL AND STATUTORY DAMAGES, INJUNCTION, AND RECOVERY OF LEGAL FEES AND COSTS, TO THE FULLEST EXTENT OF THE LAW. If You have any questions regarding a specific Work of Palma Sola Grande or if You believe that Your own copyrighted Work is being used on these Sites without Your permission, please contact us at contact@palmasolagrande.com, Attn: IP Administrator.
Third Party Trademarks:
These Sites may also contain trademarks or service marks that belong to third parties. These other trademarks and service marks are the property of their respective owners. In the event that a third party makes a claim or initiates suit against Palma Sola Grande due to Your use of these other trademarks and service marks, without the permission of the proper party, You agree to indemnify and hold Palma Sola Grande harmless from such claim or suit, and to reimburse Palma Sola Grande for all losses, attorneys' fees and costs that Palma Sola Grande incurs in connection with such claim or suit. Any questions should be directed to Palma Sola Grande’s IP Administrator at contact@palmasolagrande.com. Use of the term REALTOR® on these Sites and/or in any Palma Sola Grande marketing materials is used by permission only, in a fair use manner, or otherwise in accordance with the terms and conditions of the owner of the REALTOR mark. Specifically, REALTOR® is a federally registered collective membership mark, which identifies a real estate professional who is a Member of the NATIONAL ASSOCIATION OF REALTORS® and subscribes to its strict Code of Ethics, Fair Housing and Fair Lending Policies. Any use by You of the term REALTOR® should be in compliance with the requirements of its owner.
Completion Date:
Unless otherwise noted in Your purchase agreement in certain jurisdictions, Palma Sola Grance LLC is required to complete, and does agree to complete, the construction of Your home within a period of two (2) years from the date You execute a purchase agreement with Palma Sola Grande. If construction is delayed by any event recognized by the law of the state where Your home is located as a defense to a contract action for non-performance or delay in performance, then the date of completion shall be extended by the delay period. It is expressly intended that Your and Palma Sola Grande ‘s rights and obligations under Your purchase agreement be construed in the manner necessary to exempt Your purchase agreement and the sale of Your home from registration under the Interstate Land Sales Full Disclosure Act, and both You and Palma Sola Grande expressly waive any right or provision of the purchase agreement that would otherwise preclude such exemption.
Effective Date:
These Terms of Use were effective as of the date of the last update as set forth at the top of these Terms of Use.
Equal Housing Opportunity:
Palma Sola Grande, including but not limited to its affiliate Palma Sola Grande, an Equal Housing Lender, is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation and recognize the importance and significance of fair housing. Palma Sola Grande encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, physical disability, familial status or national origin and all lots and homes advertised by Palma Sola Grande are available on an equal opportunity basis. In addition, Palma Sola Grande is committed to its compliance with the laws and regulations of other jurisdictions that may add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and the like, and as to the Palma Sola Grande community that are age qualified, to qualify for exemption from the familial status portion of the Fair Housing Act and all state and local age restrictions laws imposed by the state where a particular community is located. Models do not reflect a preference for homebuyers.
Forward-Looking Statements:
Certain information included in these Sites may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended (the “Securities Act”), and Section 21E of the Exchange Act. You can identify these statements by the fact that they do not relate to matters of strictly historical or factual nature and generally discuss or relate to estimates or other expectations regarding future events. They contain words such as, but not limited to, “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” “may,” “can,” “could,” “might,” “should” and other words or phrases of similar meaning. As You read these Sites, You should understand that these statements are not guarantees and actual outcomes may vary.
LAW AND JURISDICTION.
These Terms of Use shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Florida, without resort to its choice of law provisions and case law, except to the extent they are superseded or preempted by the laws of the United States or other jurisdictions. If any provision of these Terms of Use is determined to be invalid, unlawful, void or otherwise not enforceable, you agree that the remaining provisions of these Terms of Use will remain in full force and effect. By accessing our Sites, or using information on our Sites, you submit to the exclusive jurisdiction of the state courts in Manatee County, Florida, or the United States Federal District Court, for the Middle District of Florida, to resolve disputes of any kind arising out of your reliance on the information on a Site, or any interaction with Palma Sola Grande involving a Site. Any claim you have with respect to a Site must be brought within two years and one day after the claim arises.
IF THERE IS A CONFLICT BETWEEN THE LAW IN YOUR USUAL PLACE OF RESIDENCE AND THESE TERMS OF USE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW MAY PREVAIL.
Limitation on Use and Liability:
Before You visit the community ("Community"), it is recommended that You contact the Community's sales office to confirm current product availability, specific features and pricing as each Community is unique. You should also refer to the form of the sales contract and related materials, such as homeowner association documents, disclosure statements, assessment and fee obligations, design guideline restrictions, surrounding land uses and zoning, proposed development plans, etc. for important information concerning the Community in which You are interested and the homes and properties offered by Palma Sola Grande. Palma Sola Grande assumes no liability for inaccuracies, errors or omissions on these Sites or in any of the materials printed from or linked to these Sites. THESE SITES ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Palma Sola Grande disclaims any liability for any damage resulting from use of these Sites. To the fullest extent permitted by law, Palma Sola Grande and its subsidiaries and affiliates, their direct and indirect owners, and their respective officers, directors, partners, employees, agents, managers, trustees, representatives or contractors of any of them, related thereto and any successors or assigns of any of the foregoing shall not be liable for any direct, indirect, actual, punitive, incidental, special or consequential damages whatsoever resulting from loss of use, data or profits, arising from or related to the use of or reliance on these Sites or any information contained herein even if Palma Sola Grande has been advised of the possibility of damages. All products and services referenced on these Sites are provided subject to applicable pricing, taxes, fees, assessments and accompanying terms and conditions that remain subject to change. The use of these Sites is for personal purposes only. Neither Palma Sola Grande, its affiliates, agencies nor any other party involved in creating, producing, or delivering these Sites is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of Your access to or use of these Sites. Palma Sola Grande also assumes no responsibility and shall not be liable for any damages to Your computer that may be caused by using these Sites or downloading any content or information from these Sites.
Maps and Development Plans:
Maps and site plans on these Sites are not to scale and represent an artist's depiction of the existing and/or planned elements of the current proposed development concepts for Palma Sola Grande’ Community. Artist's renderings, photos, floor plans, site plans, features, prices, assessments and fees, current product availability, specifications, programs and planned amenities continue to evolve, are provided for information purposes only and are based on current proposed Community development plans that are subject to change without notice and represent no commitment on the part of Palma Sola Grande in the future. All dimensions and specifications (including square footages and distances) are approximate. Use of certain recreational amenities or participation in certain activities may be subject to additional fees and availability. Further, no guarantee is made that the facilities and features depicted within a certain Palma Sola Grande Community will be constructed, or that if constructed, the number, type, size and location will be as depicted. Photos and renderings may show upgraded features and landscaping and may not represent the base price house in any neighborhood within a Palma Sola Grande Community. The actual position of a house on a lot will be determined by the site plan and plot plan. Palma Sola Grande does not own or control the land outside the boundaries of the Palma Sola Grande Community and does not guarantee the current or future uses thereof. School district boundaries and plans for new schools frequently change and are outside of Palma Sola Grande ‘s control. School, utility and governmental information should be verified with the appropriate agency or utility supplier. For further details, please refer to the purchase agreement and disclosure documentation provided in connection with the offer for sale at the Palma Sola Grande Community.
IMPORTANT NOTICE: The above paragraph and all applicable disclaimers herein relating to marketing materials shall apply to the entire contents of this Web Site and all other informational materials regarding Palma Sola Grande or any other affiliate and their respective products and services, including, but not limited to any collateral materials, price lists, lotting plans, maps, specs and floor plans that are viewed, printed or sent directly or indirectly from these Sites, all of which remain subject to change without notice. Further, these Legal Terms apply to such information regardless of whether or not such disclaimers (or any portions thereof) again appear on the individual content viewed, printed or distributed by Palma Sola Grande.
Market Conditions:
Market condition statements contained on these Sites are based on available information at time of posting and should never be relied upon. Market rates are based on market trends, other factors and they involve risks, variables and uncertainties that can cause predictive statements to differ materially. Market condition statements are no guarantee of the present or future market conditions and market values. You should conduct Your own independent analysis and consult Your own accounting, legal and tax advisor in order to evaluate risks, consequences and suitability of the home purchase.
No Investment Advice:
No statement contained on these Sites or on any site or page featuring a particular project offered by Palma Sola Grande its subsidiaries or affiliates should be construed as investment advice. Prospective purchasers are urged to seek expert investment, legal or other professional advice prior to entering into any purchase agreement.
Offers/Incentives and Lot Releases/Drawings:
All special offers, incentives and seller contributions (“offers”) are subject to certain terms, conditions and restrictions, which may include the use of designated lenders and closing agents. Offers are good for a limited time only and subject to availability, and Palma Sola Grande reserves the right to change or withdraw any offer at any time, without notice. Offers are product and community specific and may not be combined. Values on offers are approximate. Offers are void where prohibited by law and in states where prior registration is required.
Palma Sola Grande reserves the right to release lots in the Community in the manner and within the time period/frequency determined by the respective Selling Entity’s management in its sole discretion (including, but not limited to, periodic lot release drawings) to determine interest level in specific available lot(s) and sales appointment priority in entering into a purchase agreement for a limited selection of available lots, based on a variety of factors that are considered and all of which remain subject to change, availability or delay daily.
Other Builders:
If You purchase Your home from someone other than a Palma Sola Grande affiliate, that unaffiliated homebuilder within any Community in which Palma Sola Grande is the master developer is independently owned and operated and is not affiliated with Palma Sola Grande (collectively, the "Builders"). References to or approval of such Builders by Palma Sola Grande shall not be construed as an endorsement, warranty or certification of such Builders or such Builder's performance by Palma Sola Grande.
Promotional Programs/Broker Fees:
Promotional programs are typically available only on select lots at select neighborhoods for a limited time period and are not available in conjunction with other offers. Please see a Sales Associate at the respective Palma Sola Grande Community of interest for current programs and restrictions. Payment of any real estate broker fee will be subject to certain conditions set forth in the current Co-broke Agreement offered by the respective Seller of the home and will be paid in accordance with the State of Florida, as well as federal, regulatory requirements.
Real Estate Agency Disclosure:
The sales representatives located at the Palma Sola Grande Community exclusively represent the affiliated Palma Sola Grande selling entity in connection with any new home purchase transaction and do not represent or purport to represent any prospective buyer.
Reservation of Rights to Change Information:
Palma Sola Grande reserves the right, without any prior notice, to change any information contained within these Sites, to deviate from the descriptions contained therein, and/or to change any Palma Sola Grande project at any time, and Palma Sola Grande disclaims any duty to update the information and makes no commitment as to any development plans within or outside of the Community in the future. Further, Palma Sola Grande does not warrant that its service in providing these Sites will be uninterrupted.
Reliance on Statements on these Sites:
Statements on these Sites that are not historical facts are "forward-looking" statements that involve a number of risks and uncertainties, that could cause actual results to differ materially from those projected in the statements, including, but not limited to: (1) economic conditions in the Community's state and elsewhere; (2) market demands; (3) competitive factors and pricing factors in Palma Sola Grande’ primary markets; (4) legislative and regulatory environments at the federal and state local levels, such as government rate regulations and land-use regulations; (5) dependence on third-party suppliers; (6) fuel prices; (7) labor relations; (8) risks associated with current or future litigation; and (9) other risk factors described elsewhere in these Sites. Despite efforts of Palma Sola Grande to provide accurate information on these Sites at all times, it is not possible to ensure that the information on Palma Sola Grande’s community and services published on these Sites is correct or up to date and these Sites may unintentionally include inaccuracies or typographical errors with respect to the description of a lot size, site plan, floor plan, a rendering, a photo, the elevation, prices or other important pieces of information. Square footage and room sizes are approximate and may vary in actual construction. Prices shown, if any, do not include premiums or other optional features that are not included in the base price.
Views:
Views vary significantly by lot location and may be affected by future development. Palma Sola Grande does not guarantee or make any representation or warranty regarding the preservation of any future view or the natural environment surrounding any home or lot within the Palma Sola Grande Community that may be a factor in Your purchase decision.
Zoning:
The zoning and land use designations for the Palma Sola Grande Community is subject to change from time to time. Each home buyer is strongly advised to investigate and determinate for his, her or their own account if the zoning and land use designations for the Palma Sola Grande Community of interest and other real properties in the vicinity of such Palma Sola Grande Community are compatible with such buyer's occupancy, use and enjoyment of the lot and residential dwelling purchased by such buyer. Neither any unaffiliated Master Developer or Builder nor Palma Sola Grande (including any of their respective agents, employees, or affiliates), has made any representation concerning the timing, location, configuration or existence of any non-residential use on or about any Palma Sola Grande Community. The total number of residential units within the Palma Sola Grande Subdivision or within the Master Community overall may increase or decrease from the current plan, depending upon market conditions or other conditions, including acquisition of additional property. Plans for common areas surrounding residential areas may be affected by such changes. Many communities may be developed over a period of many years and include a variety of unit types, including single-family, live/work neighborhoods, condominium regimes, apartments, high-rises, commercial and, in limited instances, industrial components.