ADDITIONAL TERMS AND CONDITIONS APPLY.
OFFER SUBJECT TO CHANGE WITHOUT NOTICE. EQUAL HOUSING OPPORTUNITY.
BROKER PARTICIPATION WELCOME.
ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
*This project has been filed in the State of Florida and no other state. This is not an offer to sell or solicitation of offers to buy the condominium units in states where such offer or solicitation cannot be made. Prices and availability are subject to change at any time without notice. The square footage areas used in this website include the outer walls surrounding the unit and half of the demising wall separating units and areas under roof . The square footages used in this website are provided so that buyers can compare square footages used by sellers in other communities.
Developer reserves the right to change or modify the interior or exterior fit and finishes of the building, common areas and marina including but not limited to colors, textures, glazing, furniture, fixtures, flooring, lighting, equipment, pavers, decking, landscape & hardscape.
NOT AN OFFER WHERE PROHIBITED BY STATE STATUTES. ALL ILLUSTRATIONS ARE ARTISTIC CONCEPTUAL RENDERINGS AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. PRICING SUBJECT TO CHANGE.
THE TERMS OF SERVICE OF THIS WEBSITE APPLY WHEN YOU (“USER”) ACCESS, USE OR VISIT MARINA POINTE EAST DEVELOPER, LLC’S (“MARINA POINTE”) WEBSITE LOCATED AT (www.marinapointe.com) (THE “SITE”), AND ANY INFORMATION, SERVICES, CONTENT OR APPLICATIONS MADE AVAILABLE ON THE SITE. BY ACCESSING OR OTHERWISE USING THE SITE, AND ESPECIALLY WHEN YOU PROVIDE INFORMATION TO MARINA POINTE THROUGH THE SITE, YOU AGREE TO THE TERMS OF SERVICE, INCLUDING THE ARBITRATION AGREEMENT SET FORTH IN SECTION 2 BELOW. IF AT ANY TIME YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF SERVICE, YOU MUST IMMEDIATELY STOP USING THE SITE AND EXIT.
NOTICE REGARDING ARBITRATION. PART OF THE TERMS OF SERVICE BELOW IS AN AGREEMENT TO ARBITRATE ALL DISPUTES THAT ARISE FROM, OUT OF THE USE OF OR ARE RELATED TO THE SITE. BY AGREEING TO ARBITRATE ALL DISPUTES YOU ARE WAIVING YOUR RIGHT TO PROCEED IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR A JURY. THESE PROCEDURES ALSO INCLUDE A WAIVER OF THE RIGHT TO FILE A REPRESENTATIVE, COLLECTIVE OR CLASS ACTION IN AN ARBITRATION PROCEEDING.
BTI® is a trade name for the operating partner of a group of companies and partnerships that develop distinctive real estate projects. Each particular real estate development project that uses the name or logo of “BTI®” or “BTI Partners®” (hereinafter referred to as “BTI”) is developed by a separate, single purpose entity each of which uses the BTI® trade name and logo by license agreement and each of which is solely responsible for its own separate development project, contracts, obligations, duties, sales, marketing, and any other responsibilities. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
Nothing contained on this Site, and on any Site linked to this Site, is intended to be an offer to sell or a solicitation to purchase real estate that is directed to any person where such an offer or solicitation is prohibited by law. To the extent any content on this Site is construed to be an offering to purchase or sell real estate, the offering is not directed to any person or entity in New York.
Structural and architectural design elements featured or depicted may vary from concept to actual construction or may have been modified following completion by the project developer or by a third party. All sketches, renderings, or photographs depicting lifestyle, amenities, food services, resort services, locations and layouts of windows, doors, or closets, or depicting plumbing fixtures, appliances, countertops, cabinets, soffits, floor coverings, lighting, materials, furnishings, finishes, plans, specifications, art, views, landscaping, other fixtures, or other matters of design and décor may include proposed projects which are subject to change or completed projects which have been modified after the photograph was taken. The developer of each project reserves the right to modify, revise, or withdraw any or all the same in its sole discretion or as may be required by applicable building and permitting laws. All improvements, designs and construction are subject to first obtaining the appropriate federal, state, and local permits and approvals for each project which may require the project developer to alter any design, floor plan, view, amenity, or layout depicted. Dimensions and square footage reflected are approximate and may vary depending on how measured and based upon actual construction. In connection with a condominium purchase, always consult the prospectus available from the condominium developer for an accurate understanding of the unit dimensions and to learn what is included with purchase. To the extent attractions, shopping venues, restaurants, and activities are referenced or identified in the content of this Site, the same is not guaranteed to exist on the date the Site is viewed by any person.
No statements or content on this Site or available by link to this Site is intended to be a representation with respect to any potential for future profit, future appreciation in value, investment opportunity potential, rental income potential, or other benefits derived from ownership of, or leasing of, any real estate.
ARBITRATION OF DISPUTES.
1. Notification. User shall provide Marina Pointe with written notice of any matters relating to a Dispute (as defined below) as soon as is reasonably possible after User becomes aware, or should have become aware, of such matters and Dispute.
(a) Agreement to Arbitrate. Any and all claims, controversies, breaches or disputes by or between the User and Marina Pointe, arising out of or related to the access or use of or visit to the website located at (www.marinapointe.com) (the “Site”), and any information, services, content or applications made available on the Site or information User provides to Marina Pointe through the Site. By accessing or otherwise using the Site, whether such dispute is based on contract, tort, statute, or equity, including, without limitation, any dispute over: (a) privacy rights; (b) marketing; (c) telemarketing and do not call; (d) negligent or intentional misrepresentation or fraud; (e) deceptive trade practices, or (f) any other matter arising out of or related to or arising from the use of the Site (each a “dispute”), shall be arbitrated pursuant to the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and subject to the procedures set forth in this paragraph.
THIS ARBITRATION PROVISION SHALL BE DEEMED TO BE SELF-EXECUTING. ANY DISPUTE CONCERNING THE INTERPRETATION OR THE ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING, WITHOUT LIMITATION, ITS REVOCABILITY OR VOIDABILITY FOR ANY CAUSE, ANY CHALLENGES TO THE ENFORCEMENT OR THE VALIDITY OF THIS ARBITRATION PROVISION, OR THE SCOPE OF ARBITRABLE ISSUES UNDER THIS ARBITRATION PROVISION, AND ANY DEFENSE RELATING TO THE ENFORCEMENT OF THIS ARBITRATION PROVISION INCLUDING WITHOUT LIMITATION, WAIVER, ESTOPPEL, OR LACHES, SHALL BE DECIDED EXCLUSIVELY BY THE ARBITRATOR, AND NOT BY ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY.
In the event that a dispute arises between the parties, such dispute shall be resolved by a single arbitrator by and pursuant to the procedures of the American Arbitration Association and shall be governed by and conducted in accordance with its Commercial Arbitration Rules in effect at the time the request for arbitration is submitted, excluding any rules or procedures governing or permitting class actions. In the event the American Arbitration Association is for any reason unwilling or unable to serve as the arbitration service, then the arbitration shall be conducted by JAMS and shall be governed by and conducted in accordance with JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the request for arbitration is submitted, excluding any rules or procedures governing or permitting class actions.
(b) Federal Arbitration Act. User and Marina Pointe expressly agree and acknowledge that the use of the Site involves and concerns interstate commerce and is governed by the provisions of the Federal Arbitration Act (9 U.S.C. §1 et seq.) now in effect and as the same may from time to time be amended, to the exclusion of any different or inconsistent state or local law, ordinance, regulation, or judicial rule. Accordingly, any and all disputes shall be arbitrated, which arbitration shall be mandatory and binding, pursuant to the Federal Arbitration Act.
(c) Participation by Other Parties. User and Marina Pointe agree that any such arbitration shall only be between User and Marina Pointe and shall not be joined or consolidated with the claims or arbitration of any other party unless specifically agreed to in writing by User and Marina Pointe, and agree the arbitrator is not authorized to permit any consolidation or joinder with any other party. This arbitration provision shall inure to the benefit of, and be enforceable by, Marina Pointe and Marina Pointe’s affiliated and related entities, and each of their respective employees, officers, directors, agents, representatives, consultants, agents, vendors, suppliers, insurers and any other person whom User contends is a necessary party. The participation by any party, or any party whom User contends is responsible for a dispute, in any judicial proceeding concerning this arbitration provision or any matter arbitrable hereunder shall not be asserted or accepted as a reason to delay, to refuse to participate in arbitration, or to refuse to compel arbitration, including instances in which the judicial proceeding involves parties not subject to this arbitration provision and/or who cannot otherwise be compelled to arbitrate.
(d) Costs and Attorneys’ Fees. In the event any dispute arises under the terms of service or in the event of the bringing of any arbitration action by a party hereto against another party hereunder, then all fees and costs shall be borne separately between the parties, including, but not limited to, all attorneys’ fees, arbitration fees and expert witness costs resulting from the dispute.
(e) Available Remedies. The arbitrator shall be authorized to provide all recognized remedies available in law or in equity for any cause of action that is the basis of the arbitration.
(f) Final and Binding Award. The decision of the arbitrator shall be final and binding. User and Marina Pointe expressly agree that should either party fail to satisfy the arbitrator’s decision within 30 days of receipt of notice of the decision, then an application to confirm, vacate, modify, or correct an award rendered by the arbitrator may be filed in any court of competent jurisdiction in Broward County, Florida.
(g) Rules of Law. To the extent that any state or local law, ordinance, regulation, or judicial rule is inconsistent with any provision of the rules of the arbitration service under which the arbitration proceeding shall be conducted, the arbitration rules shall govern the conduct of the proceeding.
(h) Arbitrator. The single arbitrator appointed to serve shall be a neutral and impartial individual. The arbitrator shall issue a written reasoned award.
(i) Situs. The situs of the arbitration shall be Broward County, Florida.
(j) Severability. If any provision of this arbitration provision shall be determined to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their terms.
(k) Discovery. The parties acknowledge that the right of discovery in arbitration may be more limited than in court. Notwithstanding anything inconsistent in the rules and procedures of the arbitration forum, the parties to the arbitration shall have the right to conduct a reasonable amount of discovery, including written discovery and two (2) depositions, all as approved and coordinated by the arbitrator.
(l) Class, Group, Collective or Representative Actions not Available. THE PARTIES HAVE AGREED TO ARBITRATE DISPUTES UNDER THE FEDERAL ARBITRATION ACT DUE TO THE MUTUAL ADVANTAGES OF ARBITRATION OVER BRINGING AN ACTION IN COURT TO RESOLVE A DISPUTE. ANY ARBITRATION INITIATED UNDER THIS PARAGRAPH SHALL BE PURSUED AND CONDUCTED SOLELY IN THE PARTIES’ RESPECTIVE INDIVIDUAL CAPACITIES. USER ACKNOWLEDGES THAT CLASS, GROUP, COLLECTIVE AND REPRESENTATIVE ACTION CLAIMS ARE INCONSISTENT WITH ARBITRATION UNDER THE FEDERAL ARBITRATION ACT. ARBITRATION OF A CLASS, GROUP, COLLECTIVE OR REPRESENTATIVE ACTION DESTROYS THE ADVANTAGES OF THE ARBITRATION PROCESS SUCH AS SPEED, EFFICIENCY, AND LOWER COSTS DUE TO THE COMPLEXITIES INVOLVED IN A CLASS, GROUP, COLLECTIVE OR REPRESENTATIVE ACTION. FOR THESE REASONS, USER AND MARINA POINTE MUTUALLY AGREE TO WAIVE THE RIGHT TO BRING A CLASS, GROUP, COLLECTIVE OR REPRESENTATIVE ACTION CLAIM IN THE ARBITRATION, INCLUDING, WITHOUT LIMITATION, CLAIMS BROUGHT AS A CLASS REPRESENTATIVE, CLASS MEMBER, REPRESENTATIVE ON BEHALF OF OTHERS OR PRIVATE ATTORNEY GENERAL ON BEHALF OF THE GENERAL PUBLIC. IF ANY COURT OR ARBITRATOR DETERMINES THAT THIS CLASS, GROUP, COLLECTIVE AND REPRESENTATIVE ACTION WAIVER AS SET FORTH IN THIS SUB-PARAGRAPH 2(l) IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS, GROUP, COLLECTIVE AND REPRESENTATIVE ACTION BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS PARAGRAPH 2 SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES