Diesel Wynwood («Diesel Wynwood») operates https://www.dieselwynwood.com/ and may operate other websites. It is Diesel Wynwood’s policy to respect your privacy nregarding any information we may collect while operating our websites.
Website Visitors. Like most website operators, Diesel Wynwood collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Diesel Wynwood’s purpose in collecting non-personally identifying information is to better understand how Diesel Wynwood’s visitors use its website. From time to time, Diesel Wynwood may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Diesel Wynwood also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://www.dieselwynwood.com/ blogs/sites. Diesel Wynwood only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information. Certain visitors to Diesel Wynwood’s websites choose to interact with Diesel Wynwood in ways that require Diesel Wynwood to gather personally-identifying information. The amount and type of information that Diesel Wynwood gathers depends on the nature of the interaction. For example, we ask visitors who sign up at https://www.dieselwynwood.com/ to provide a username and email address. Those who engage in transactions with Diesel Wynwood are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Diesel Wynwood collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Diesel Wynwood. Diesel Wynwood does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Aggregated Statistics. Diesel Wynwood may collect statistics about the behavior of visitors to its websites. Diesel Wynwood may display this information publicly or provide it to others. However, Diesel Wynwood does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information. Diesel Wynwood discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Diesel Wynwood’s behalf or to provide services available at Diesel Wynwood’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Diesel Wynwood’s websites, you consent to the transfer of such information to them. Diesel Wynwood will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Diesel Wynwood discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Diesel Wynwood believes in good faith that disclosure is reasonably necessary to protect the property or rights of Diesel Wynwood, third parties or the public at large. If you are a registered user of an Diesel Wynwood website and have supplied your email address, Diesel Wynwood may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Diesel Wynwood and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Diesel Wynwood takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Business Transfers. If Diesel Wynwood, or substantially all of its assets, were acquired, or in the unlikely event that Diesel Wynwood goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Diesel Wynwood may continue to use your personal information as set forth in this policy.
NOTICES AND DISCLAIMERS
ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS SITE, THE DEVELOPER’S BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
The project materials and content provided via the Site are provided by the Company and/or its affiliates as a service to its customers and may be used for informational purposes only. This Site is meant to be used as an overview of the Company and the project being developed by its affiliated developer entity(ies) and in no way whatsoever should the information contained in this Site be relied on for financial, tax, accounting, investment, business or legal advice. All items are subject to modification, change and/or being withdrawn at any time in the sole discretion of the Company.
Nothing on this Site is intended as an offer to sell, or solicitation to buy, condominium units to residents of any jurisdiction where prohibited by law, and your eligibility to purchase will depend on your state of residency. Such an offering shall only be made pursuant to the prospectus (offering circular) for the condominium and no statements should be relied upon unless made in the prospectus or in the applicable purchase agreement. In no event shall any solicitation, offer or sale of a unit in the condominium be made in, or to residents of, any state or country in which such activity would be unlawful. This is not an offer to sell nor a solicitation to purchase a condominium unit directed to any person where such an offer or solicitation is prohibited by law unless the condominium is registered if required or exempt. No real estate broker or salesperson is authorized to make any representations or other statements regarding this project, and no agreements with, deposits paid to or other arrangements made with any real estate broker are or shall be binding on the Developer.
The Developer has a limited right to use the trademarked names and logos of Diesel pursuant to a license and marketing agreement with Diesel S.P.A. (“Diesel”). Any and all statements, disclosures and/or representations shall be deemed made by Developer and not by Diesel and you agree to look solely to Developer (and not to Diesel and/or any of its or their affiliates) with respect to any and all matters relating to the marketing and/or development of the condominium and with respect to the sales of units in the condominium. Your decision to purchase a unit in the condominium is not based on the continued existence or availability of the trademarks, brand or management of Diesel, or of any other trademark, brand or management company.
All prices are subject to change at any time and without notice, and do not include optional features or premiums for upgraded units. From time to time, price changes may have occurred that are not yet reflected on this Site.
All plans, features and amenities depicted herein are based upon preliminary development plans and are subject to change without notice in the manner provided in the offering documents. No guarantees or representations whatsoever are made that any plans, features, amenities or facilities will be provided or, if provided, will be of the same type, size, location or nature as depicted or described herein. The sketches, renderings, graphic materials, plans, specifications, terms, conditions and statements contained in this Site are proposed only, and we reserve the right to modify, revise or withdraw any or all of same in our sole discretion and without prior notice. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for same. Any drawings and depictions in this Site are conceptual only and are for the convenience of reference. They should not be relied upon as representations, express or implied, of the final detail of the project. The Developer expressly reserves the right to make modifications, revisions, and changes it deems desirable in its sole and absolute discretion. All depictions of appliances, counters, soffits, floor coverings and other matters of detail, including, without limitation, items of finish and decoration, are conceptual only and are not necessarily included in each unit. All such materials are not to scale and are shown solely for illustrative purposes. The photographs contained in this Site may be stock photography or have been taken off-site and are used to depict the spirit of the lifestyles to be achieved rather than any that may exist or that may be proposed, and are merely intended as illustrations of the activities and concepts depicted therein. Consult your agreement and the prospectus for the items included with the unit. Dimensions, ceiling heights and square footage are approximate and may vary with actual construction. Images and renderings are not to scale and are shown solely for illustrative purposes. Renderings depict proposed views, which are not identical from each unit. Any view from any unit of from other portions of the property may in the future be limited or eliminated by future development or forces of nature and the developer in no manner guarantees the continuing existence of any view.
Interior photos shown may depict options and upgrades and are not representative of standard features and may not be available for all model types. All fixtures, furniture and items of finish and decoration of units described herein are for display only and may not to be included with the unit, unless expressly provided in the purchase agreement.
Because wood is a natural product, every piece has a unique color and appearance, and every installed floor will have its own distinctive visual character. Photographs, samples and website images can offer an impression of the product, but they may not be representative of the full range of color, knots, texture and grain variations which can exist in the product itself as installed. Wood is subject to weathering and fading and as such the coloration may vary over time. Additionally, all wood flooring will acclimate to the temperature and humidity in the Unit and seasonal movement in a wood floor is to be expected, as wood is a product of nature and will expand and contract with changes in humidity and temperature. Gaps often appear between boards during colder periods and tighten in warmer temperatures. Minimizing heat and humidity fluctuations is required to preserve the condition of the wood. Even under ideal conditions, wood is subject to warping, bowing and cupping.
Ceiling heights are measured from top of slab to top of slab. As a result, actual clearance between the top of the finished floor coverings and the underside of the finished ceiling, drop ceiling or soffits will be less. All ceiling heights are approximate and subject to change.
Any and all references to and/or renderings of other proposed projects or nearby facilities depicted are proposed only, are not constructed, and are not being developed by the Developer. As such, the Developer has no control over those projects or facilities and there is no guarantee that they will be developed, or if so, when and what they will consist of. The information provided herein regarding other proposed projects or facilities depicted was obtained from newspaper articles and other public information and Developer makes no representations as to same.
Restaurants and other business establishments and/or any operators of same referenced on the Site are subject to change at any time, and no representations regarding restaurants, businesses and/or operators within the project may be relied upon. Restaurants, and/or other business establishments, are anticipated to be operated from the commercial components of the project which will be offered for sale to third parties. Except as may be otherwise provided in the offering materials, the use of the commercial spaces will be in discretion of the purchasers of those spaces and there is no assurance that they will be used for the purposes, and/or with the operators, named herein.
With respect to any and all communications sent or otherwise made to the Company or the Developer, including, without limitation, feedback, questions, comments and suggestions (“Communications”): (a) no right of confidentiality shall apply to Communications and the neither the Company nor the Developer or any of their affiliates shall have any obligation to protect Communications from disclosure; (b) the Company, the Developer and their affiliates shall be free to reproduce, use, disclose and distribute Communications to others; and (c) the Company, the Developer and their affiliates shall be free to use any ideas, concepts, know-how or techniques contained in Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information, without any obligation to provide compensation of any kind or any other obligation. Please use e-mail only to send us non-confidential messages. Do not include confidential personal or private information. For your protection, our responses will not include any confidential information. Please do not use e-mail to send us transaction instructions. Customers who choose to send e-mail messages to the Company, the Developer or their affiliates, that contain confidential, private or personal information so do entirely at their own risk.
WE ARE PLEDGED TO THE LETTER AND SPIRIT OF U.S. POLICY FOR THE ACHIEVEMENT OF EQUAL HOUSING THROUGHOUT THE NATION. WE ENCOURAGE AND SUPPORT AN AFFIRMATIVE ADVERTISING, MARKETING AND SALES PROGRAM IN WHICH THERE ARE NO BARRIERS TO OBTAINING HOUSING BECAUSE OF RACE, COLOR, SEX, RELIGION, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN.
THE INFORMATION AND MATERIALS CONTAINED IN THE SITE ABOUT THE COMPANY AND ITS, OR THE DEVELOPER’S OR THEIR AFFILIATES’ PROPERTIES AND COMMUNITIES, AND ALL PHOTOS, RENDERINGS, PLANS, PRICES, LAND USES, IMPROVEMENTS, AMENITIES, DIMENSIONS, SPECIFICATIONS, MATERIALS AND AVAILABILITY DEPICTED IN THE SITE OF ANY OF THE COMPANY’S OR THE DEVELOPER’S OR THEIR AFFILIATES’ PROPERTIES AND COMMUNITIES ARE CONCEPTUAL IN NATURE AND ARE SUBJECT TO CHANGE OR CANCELLATION WITHOUT NOTICE OR OBLIGATION. SCENES MAY INCLUDE ARTIST’S RENDERINGS, AND MAY BE OF LOCATIONS OR ACTIVITIES NOT ON A PROPERTY OR NOT YET COMPLETED.
THE SITE MAY CONTAIN INFORMATION AND PRESS RELEASES ABOUT AND BY THE COMPANY. ALTHOUGH THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED BY THE COMPANY, THE COMPANY DISCLAIMS ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION. TO THE EXTENT THAT ANY INFORMATION IS DEEMED TO BE A “FORWARD LOOKING STATEMENT” AS DEFINED IN THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995, THIS INFORMATION IS INTENDED TO FIT WITHIN THE “SAFE HARBOR” PROVIDED THEREIN. FORWARD LOOKING STATEMENTS ARE NOT GUARANTEES OF PERFORMANCE. YOU ARE CAUTIONED NOT TO PLACE UNDUE RELIANCE ON FORWARD LOOKING STATEMENTS, WHICH SPEAK ONLY AS OF THE DATE MADE. THE SITE IS NOT INTENDED TO MAKE ANY INVESTMENT REPRESENTATIONS ABOUT THE COMPANY OR ITS AFFILIATES AND SHOULD NOT BE VIEWED AS SUCH.
NOTHING CONTAINED IN THIS WEBSITE IS INTENDED OR SHALL BE DEEMED TO BE AN OFFER TO SELL REAL ESTATE OR REAL ESTATE SECURITIES TO RESIDENTS OF THE STATE OF NEW YORK. IN FURTHERANCE OF THE FOREGOING, W BLOCK A RESIDENCES LLC. “SPONSOR” OR “DEVELOPER”), SPONSOR HEREBY DISCLOSES THE FOLLOWING: (A) NEITHER SPONSOR, NOR ITS PRINCIPAL(S) TAKING PART IN THE PUBLIC OFFERING OR SALE ARE INCORPORATED IN, LOCATED IN, OR RESIDENT IN THE STATE OF NEW YORK, (B) THE OFFERING IS NEITHER MADE IN THE STATE OF NEW YORK NOR MADE TO THE RESIDENTS OF THE STATE OF NEW YORK, (C) THE OFFERING IS NOT DIRECTED TO ANY PERSON OR ENTITY IN THE STATE OF NEW YORK BY, OR ON BEHALF OF, SPONSOR OR ANYONE ACTING WITH SPONSOR’S KNOWLEDGE; AND (D) NO OFFERING OR PURCHASE OR SALE OF THE SECURITY OR ANY UNIT SHALL TAKE PLACE AS A RESULT OF THIS OFFERING IN NEW YORK OR WITH A RESIDENT OF THE STATE OF NEW YORK, UNTIL ALL REGISTRATION AND FILING REQUIREMENTS UNDER THE MARTIN ACT AND THE NEW YORK ATTORNEY GENERAL’S REGULATIONS ARE COMPLIED WITH; A WRITTEN EXEMPTION IS OBTAINED PURSUANT TO AN APPLICATION IS GRANTED PURSUANT TO AND IN ACCORDANCE WITH COOPERATIVE POLICY STATEMENTS #1 OR #7; OR A “NO-ACTION” REQUEST IS GRANTED.
By way of example, and not as a limitation, you agree that when using the Site and when submitting any information or content to the Site, you will not:
∙ Use a robot, spider or other automated device, process or means to access or use the Site, or defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
∙ Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
∙ Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third party systems.
∙ Send false or misleading information, including, without limitation.
We shall have no obligation to monitor the usage of the Site. However, we reserve the right to review any communications or submissions directed to the Site and to remove any of same in its sole discretion. We reserve the right to terminate your access to the Site at any time without notice for any reason whatsoever. We further reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Materials presented on the Site are subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
You may not use the Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited.
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(ii) NO WARRANTIES OR REPRESENTATIONS ARE MADE ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SITE’S CONTENT, THE CONTENT OF ANY SERVICE LINKED TO THE SITE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. NEITHER WE NOR ANY OF THE PROJECT DEVELOPMENT ENTITIES OR OTHER AFFILIATES ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED IN OUR SERVERS, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE.
THE FOLLOWING PROCEDURES APPLY ONLY FOR NOTIFICATIONS TO US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY ANY CONTENT CONTAINED IN THIS WEBSITE. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
WHAT YOU MUST DO:
Written notification must be submitted to the following Designated Agent:
Service Provider W BLOCK A RESIDENCES LLC. www.dieselwynwood.com
Name of Agent Designated to Receive Notification of Claimed Infringement: Joe Frechette
Full Address of Designated Agent to Which Notification Should be Sent:
W BLOCK A RESIDENCES LLC. 10800 Biscayne Blvd., Suite 620, North Miami, FL 33161
Attn: Joe Frechette
Telephone Number of Designated Agent: (305) 586-3458
Email Address of Designated Agent: firstname.lastname@example.org
WHAT YOUR NOTIFICATION MUST INCLUDE:
To be effective, the notification must include the following:
WHAT WE WILL DO UPON RECEIPT OF PROPER WRITTEN NOTIFICATION:
Upon receipt of the written notification containing the information as outlined above:
HOW THE ALLEGED INFRINGER CAN RESPOND TO US:
The alleged infringer can respond by submitting a written counter notification to our Designated Agent.
WHAT THE COUNTER NOTIFICATION MUST INCLUDE:
To be effective, a counter notification from the alleged infringer must include the following:
WHAT WE WILL DO UPON RECEIPT OF PROPER COUNTER NOTIFICATION:
Upon receipt of a counter notification containing the information as outlined above:
Signing Up and Opting-In to the Text Service
Once you affirm your choice to opt in to the Text Service, your message frequency may vary. You may receive an alert when you are welcomed into the Text Service or there are general marketing or promotions.
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Text Service. The Text Service may not be available on all wireless carriers. We may add or remove any wireless carrier from the Text Service at any time without notice. We and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Text Service
Questions: You can contact us at +1 (305) 985-6400 with any questions you have regarding the Text Service.