Privacy Policy

Introduction:

These terms and conditions of use (“Terms of Use”) govern the use of this website provided by MIRALOMAS DEVELOPMENT CORPORATION (collectively referred to as “Miralomas”) and any related website managed by a third party on behalf of Miralomas (the “Site”). As used herein, “You” and “Your” refers to any individual, company or legal entity that accesses or otherwise uses the Site. By accessing or using this Site or any services available on the Site (“Services”), You agree to be bound by these Terms of Use and that You consent to the privacy policy (the “Privacy Policy”). If You do not agree with these Terms of Use or the Privacy Policy, then You should immediately cease use of the Site and the Services and cease use of all information and materials You have obtained through the Site and/or the Services.

Changes:

Miralomas reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time by posting revised Terms of Use on the Site. Changes in these Terms of Use will be effective when such change is posted. Your continued use of the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes. Miralomas may terminate, change, suspend or discontinue any aspect of the Miralomas website, including the availability of any features of the website, at any time. Miralomas may also impose limits on certain features and services or restrict Your access to parts or the entire website without notice or liability.

Conceptual Plans:

All master plans, site plans, brochures, illustrations, information and marketing materials related to the Property or the project (collectively, the “Conceptual Plans”) are conceptual in nature and are intended to be used for illustrative purposes only. The land uses and improvements reflected on the Conceptual Plans are subject to change at any time and from time to time, and it is expressly agreed and understood that land uses within the property or the project may include uses which are not shown on the Conceptual Plans. We do not make any representation or warranty concerning such land uses and improvements shown on the Conceptual Plans or otherwise planned for the property or the project and it is expressly agreed and understood that no owner will be entitled to rely upon the Conceptual Plans or any statement made by the developer or any of the developer’s representatives regarding proposed land uses, or proposed or planned improvements, in making the decision to purchase any land or improvements within the property or the project.”

Additional Plans and Amenities:

All amenities and land uses described in this website are proposed. There can be no assurance that the current proposed improvements, plans or amenities will be completed. Information on residential neighborhoods, prices, plans, dimension, features and/or amenities is subject to change without notice. Maps, plot plans and depictions of homes or other improvements are artist’s conceptions and not to scale.

Intellectual Property:

All content included on the Site, such as text, graphics, logos, button icons, images, and software, is the property of Miralomas or its content suppliers and is protected by United States and international copyright, trademark or other laws. The materials posted on this Site may be retrieved solely for Your own personal use or in connection with any business relationship between Yourself and Miralomas and may be temporarily downloaded to local storage or sent to a printer solely for that purpose. You may not copy, modify or distribute the contents of these pages without the express written permission of Miralomas. Nothing contained herein confers by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Miralomas. All rights reserved.

Use of Content:

Personal Noncommercial Use Only. Except as stated therein, this Site is provided for Your personal noncommercial use only. You agree not to copy or use Miralomas’ content in any way that infringes on anyone’s intellectual property rights. You may not use any name, brand, logo, design, slogan or other designations Miralomas uses in connection with its products and services. Any copying, republication or redistribution of Miralomas content is expressly prohibited without prior written consent.

Prohibited Uses. You are prohibited from using this Site in any malicious or unlawful manner. You will not take any action that imposes an unreasonable or disproportionately large load on Miralomas’ infrastructure, including but not limited to the transmitting of spam or using other such unsolicited mass emailing techniques.

You agree not to tamper with the software or functionality of the Site and Services and not to introduce any material into the Site or the Services that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. You are responsible for taking all reasonable precautions necessary to ensure the security and integrity of Your system.

All information and content included on the Miralomas website is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Miralomas strives to provide accurate and up-to-date material on our website. However, Miralomas makes no warranties or representations as to the accuracy or timeliness of the material provided through this website. Miralomas assumes no liability or responsibility for any errors or omissions on this website.

Do Not Use this Site For the Following Activities:

While we accept communications from You through this Site, this Site is NOT the appropriate place to submit emergency reports, requests for maintenance and repairs, and other similar requests for assistance with specific property or Site issues. You should contact Your local property manager for all such activities. We do not monitor emails and communications that You send to us on this Site at all hours, and such prohibited request that You may make for emergencies or maintenance or repairs will not be handled in a timely manner if You submit the request through this Site. Miralomas bears absolutely no responsibility or liability for any such improper requests submitted through this Site, or our failure to act upon such improper requests.

Other Sites:

For Your convenience, Miralomas may provide links to websites belonging to other companies, including affiliates of Miralomas. Those sites are not under the control of Miralomas and we do not monitor, make any representation with respect to or assume any liability with respect to any third-party sites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party sites. The fact that Miralomas has provided a link to such sites is not to be interpreted as an endorsement of their contents. You shall remain solely responsible for protecting Yourself from viruses and other destructive elements that may be present on those sites.

Forward-Looking Statements:

This Site or any document contained hereon may contain various forward-looking statements and include assumptions concerning the operations, future results and prospects of Miralomas. Forward-looking statements are typically identified by the words “may”, “could”, “should”, “would”, “will”, “suspect”, “outlook”, “believe”, “anticipate”, “estimate”, “expect”, “intend”, “plan” and words and expressions of similar import. These forward-looking statements are based on current expectations and are not guarantees of performance. The statements are subject to risk and uncertainties, which are difficult to predict and beyond the control of management. Actual performance and results will be subject to important economic and other factors that could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions. Any such forward-looking statements (and any other dated materials) speak only as of the date made and Miralomas cautions readers not to place undue reliance on them. Miralomas undertakes no obligation to update any forward-looking statement based upon new information, future events or otherwise.

Limitation of Liability:

Your use of this Site and material from this Site is at Your own risk.

Miralomas uses reasonable safeguards to ensure safe, uninterrupted service, but this Site and Services are provided on an “as is, as available” basis. Miralomas makes no warranties or representations that this Site or the Services will be error-free, secure or uninterrupted. Miralomas assumes no liability or responsibility for any damage to You, Your Computer, or Your other property, due to Your access to, use of, or downloading of this Site, our Services or any materials provided on this Site.

Neither Miralomas, any of its agents, nor any other party involved in creating, producing, or delivering this Site shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Miralomas has been advised of the possibility of such damages), resulting from: (i) Your use or inability to use the website; (ii) unauthorized access to or alteration of Your transmissions or data; (iii) statement or conduct or any third party on the website; or (iv) any other matter relating to the website.

Without limiting the foregoing, this Site and the material provided on this Site are provided “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

Idea Submission / Use of Information:

Miralomas welcomes Your comments and suggestions on this Site, but Miralomas does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information. Excluding Your Personally Identifiable Information, which is subject to the Privacy Policy, any information that You send or submit online to Miralomas or to business partners working on behalf of Miralomas, including but not limited to feedback, data, questions, comments, suggestions, or the like (“Submissions”), shall be deemed non-confidential and the property of Miralomas.

Your submission of such information shall constitute an assignment to Miralomas of all worldwide rights, titles, and interests in the Submissions, including the right to use, reproduce, modify, disclose and distribute the Submissions without limitation. Miralomas shall be free to use any ideas, concepts, know-how or techniques contained in the Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information, and will not be liable for any use or disclosure of such Submissions.

By submitting a Submission, You warrant that Miralomas may publish such Submission, use it as part of its operations, and incorporate its concepts in Miralomas products without liability or compensation to You. By submitting a Submission, You represent that You have proper authorization for this agreement.

IF YOU ARE A REAL ESTATE OR PROPERTY BROKER, PLEASE SUBMIT ANY REQUESTS TO SHOW A PROPERTY OR TO NOTIFY US OF A CLIENT OR POTENTIAL CLIENT OF YOURS THROUGH THIS SITE.

Applicable Law:

Any dispute arising out of Your use of this Site or material from this Site shall be resolved according to the laws of the State of Texas, United States of America, without giving effect to that state’s principles of conflicts of laws. Any dispute concerning this Agreement, or this Site, shall be subject to the exclusive venue of a court of competent jurisdiction in Kendall County, Texas.

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