Whale & Star Wynwood Owner LLC, a Delaware limited liability company and its affiliated companies (collectively, “Company,” “we,” “us” or “our”) respect your privacy and are committed to protecting it through our compliance with this policy.  This privacy policy (“Privacy Policy”) describes the types of information we may collect from you or that you may provide to us, including information we may collect when you visit a website, use a web application or use a mobile app operated now or in the future by or for Company, including, without limitation the website located at http://www.thecloudoneresidenceswynwood.com (the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use our Website. By accessing or using this Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time.  Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

How to Revoke Your Consent or Request Information. 

You may revoke your consent on a going forward basis and submit written requests and questions about your rights to us by contacting us at:

Phone:  786-220-0115

Email:  info@thecloudoneresidenceswynwood.com

Postal Address:

Whale & Star Wynwood Owner LLC

Attn: Manager

2340 NE 48^th Court

Lighthouse Point, FL 33064

The purpose of this Privacy Policy is to provide you with a comprehensive description of our practices regarding the collection, use, disclosure and sale of “Personal Information” (as defined below) and of your rights regarding your Personal Information.  This Privacy Policy applies to all Personal Information that we collect:

• On this Website.
• In email, text, and other electronic messages between you and this Website or the Company.
• Offline or in person, by phone, or through the submission by you of any form or document to the Company, whether the Company receives the form or document via electronic transmission, by mail, in person, or by any other means.
• Through mobile and desktop applications that we may provide that you download, which provide dedicated non-browser-based interaction between you and this Website.
• When you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this policy.

Information We Collect, Why, and How We Use It

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information”), including your name, phone number, e-mail address and/or physical address or other Personal Information that you submit to us while using the Website. Personal Information does not include:

• Publicly available information from government records and other sources.
• Anonymized or aggregated consumer information.

We collect Personal Information from the following categories of sources:

• Directly from You – We may collect information you provide to us, or that you authorize a third party to provide to us, including when you request information from us via the Website or submit an application to buy or rent a property from us, or any other form, whether electronic or paper; register on our Website; subscribe to receive alerts, newsletters, or event announcements; communicate with us by phone, e-mail or in person; register for or attend an event; or otherwise communicate with us.
• Indirectly from You – We may use cookies, pixel tags, web server logs and other security and surveillance technologies, identity confirmation technologies (such as caller ID) or other data collection technologies, including those described under the heading “Automatic Data Collection Technologies” below, to collect Personal Information about you when you visit our properties, use our Websites, or otherwise communicate or interact with our employees and service providers.
• Third Parties – We may obtain Personal Information about you from third parties, including, without limitation, from credit reporting agencies, employers, landlords, real estate sales professionals, social media platforms, and other third party sources.

The types of personal information we collect will depend on how you are interacting with our websites or at our locations.  Depending on our interactions, we may have collected the following categories of personal information within the past 12 months:

• When you contact us with questions or RSVP to an event: We may collect your name, email address, phone number, and payment card number and CVV (if applicable);
• When you visit us in person: We may collect your name, email, phone number, age, date of birth, and national origin or country of residence, as well as security camera footage in public areas;
• When you interact with us through our website: We may collect your IP address, information regarding your interaction with our website, and network location based on your IP address;
• When you interact with us on social media, including for marketing events: We may collect your name, phone number, social media handle/identifier, email address, and any correspondence you send or direct to us;
• When we market to you via email: We may collect information that is not linked to you, in order to help us provide relevant content. This information including your behavior as it relates to our emails, including whether emails were opened, deleted without opening, or whether you unsubscribed from our emails;
• When you inquire about purchasing or leasing a property: We may collect your name, phone number, current city, email, and information about your search criteria. When you purchase a property from us, we may also collect your passport or driver’s license number to verify your identity.

Certain personal information is required for specific services and if you fail to supply such personal information as requested from each specific service, we may not be able to deliver you the services or products.

Use and Sharing Personal Information

We may use your information to provide our products and services, such as providing information to you regarding our real estate projects and events related thereto. In addition, we may use your information for the following purposes:

• To operate, evaluate, and improve our website and business, including improving and personalizing the experience for you and others;
• For marketing campaigns, under certain circumstances, with your permission;
• To communicate with you, such as to respond to and/or follow-up on your requests, inquiries, issues, or feedback;
• To conduct data analytics in order to maintain and improve our offerings and to protect people who use our websites;

• For safety and security, including monitoring the technical functioning and security of our network;

• For legal and compliance, including complying with applicable laws, regulations, and legal obligations;
• To detect and protect against malicious, deceptive, fraudulent, or illegal activity, including violation of our policies and terms and conditions, security incidents, and harm to the rights or property of the Company and its affiliates, its employees, and people who use the Website; and
• For such other purposes as you may consent (from time to time).

          We do not share your Personal Information with third parties without your separate consent, except in the following circumstances and as described in this Privacy Policy: 

Affiliates.  We may share your Personal Information with our corporate parent, subsidiaries, and other affiliates, for purposes consistent with this Privacy Policy.

Service providers. We may share your Personal Information with third party companies and individuals that provide services on our behalf or help us operate the Website (such as customer support, hosting, analytics, shipping, payment processing, email delivery, marketing, and database management services). These third parties may use your Personal Information only as directed or authorized by us and are prohibited from using or disclosing your information for any other purpose.

Partners. We may sometimes share your Personal Information with partners or enable partners to collect information directly via our Website. For example, we may share your Personal Information to selected third party entities that may review and use that information to send email messages or contact you in other ways to provide information to you about their products and services.

Professional advisors. We may disclose your Personal Information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Governmental authorities. We may disclose your Personal Information to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Websites and our products and services; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

Business transfers.  We may sell, transfer or otherwise share some or all of our business or assets, including your Personal Information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

“Sale” of Personal Information.  Like many companies, we use services that help deliver interest-based ads to you. We do not interpret the use of these services as a “sale” of your Personal Information to the companies that provide the services.  Although we allow the services to collect information from our Website users (e.g., online identifiers and browsing activity) so that they can help serve ads more likely to interest you, the information that is shared is either anonymous, aggregated or de-identified, or is shared pursuant to a service provider agreement.  To the extent California law treats these services as a “sale” of your Personal Information, the California Consumer Privacy Act of 2018, as amended, (the “CCPA”) prohibits third parties who purchase Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales. Although we do not treat services that help deliver interest-based ads as a “sale” of Personal Information, you may request to opt-out of targeted ads by following the directions set forth in the “Targeted Interest-Based Advertising” section below.  Except to the extent California law treats services that help deliver interest-based ads as a “sale” of Personal Information, we do not sell, rent, or otherwise make Personal Information commercially available to any third party and we do not share your Personal Information with unaffiliated third parties for promotional or advertising purposes.

Other Information We Collect

            Our Website and online resources also collect other basic information about you that does not directly identify you, but which may correspond with you or a particular device (“Other Information”). We use this Other Information to learn more about how our Website is used and to improve or enhance the Website.  We also use this information to customize the way information on our Website is presented to you. This information includes the IP address of your device; information regarding the pages on our Website that you have visited; time you spent on our Website; date and time of your visits; information about your web browser, device, and operating system; and location of the website visited just before our Website.

How We May Use and Disclose Other Information

            Please note that we may use and disclose Other Information for any purpose, except where we are required to treat Other Information as Personal Information under applicable law. In those situations, we may use and disclose Other Information for the purposes for which we use and disclose Personal Information.

            In some instances, we may combine Other Information with Personal Information (such as combining your name with your IP address and information regarding the pages on our Website you have visited). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is so combined.

Automatic Collection Technologies

            We use the following automatic collection technologies to collect Other Information, which may or may not be combined with Personal Information:

• Log Files: Most Internet browsers transmit certain information to websites that you visit, such as your IP address, device type, screen resolution, operating system version, and internet browser type and version. This information is gathered automatically and stored in log files. We use this information to ensure that the Website functions properly.
• Cookies: Cookies are text files, containing small amounts of information, which are downloaded to your browsing device (such as a computer or smartphone) when you visit a website. Cookies allow us to recognize your browsing device and preferences and generally help to improve your online experience, as well as to provide us with anonymous information to check the usefulness of, and make improvements to, our Website. Cookies may be placed on your computer and/or mobile device by both us and by third parties with whom we have a relationship, such as web analytics services. You may refuse cookies by activating the setting on your browser. However, if you select this setting, you may not have the same user experience. To learn more about how to manage cookies, visit www.allaboutcookies.org/manage-cookies/ (please note that this website is not connected to us and we are not responsible for its content).
• Web Beacons and Pixel Tags: We may utilize a technology called a “web beacon” or “pixel tag.”  We may use web beacons to help determine which email messages sent by us were opened and whether a message was acted upon. Web beacons also help analyze the effectiveness of websites by measuring the number of visitors to a site or how many visitors clicked on key elements of a site. 
• Third Party Analytics: We also may use automated devices and applications, such as Google Analytics to evaluate the use of our Website. We use these tools to gather non-personal data about users to help us improve our services and user experiences. These analytics providers may use cookies and other technologies to perform their services, and may combine the information they collect about you on our Website with other information they have collected for their own purposes. This Privacy Policy does not cover such uses of data by third parties. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports on our web traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms at  https://www.google.com/policies/privacy/. You can also find out more about how Google uses data at “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/ as well as their policies for safeguarding data at https://support.google.com/analytics/answer/6004245.  Additionally, the Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics (available at https://tools.google.com/dlpage/gaoptout/ and https://chrome.google.com/webstore/detail/google-analytics-opt-out/fllaojicojecljbmefodhfapmkghcbnh?hl=en).
• Do Not Track Signals: We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Your Choices About How We Use and Disclose Your Information

• Tracking Technologies and Advertising; Blocking Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Opting Out of Marketing Communications. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending your request to  info@thecloudoneresidenceswynwood.com. You can also always opt-out by following the opt-out or unsubscribe instructions at the bottom of the email.  Please note that such requests may take up to ten (10) business days to become effective.  You may continue to receive service-related and other non-marketing emails.  If you receive marketing text messages from us, you may be able to opt-out of receiving further marketing text messages from us by replying STOP to our marketing message, or by contacting us at info@thecloudoneresidenceswynwood.com.
• Telephone Communications. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as required by applicable law.
• Modify Your Information.   You may request to review, correct, update, suppress or otherwise modify any Personal Information that you have previously provided to us through the Website, or object to the use of such Personal Information by us.  For your protection, we will only implement requests with respect to the Personal Information associated with the particular individual if we can verify the identity of that individual (see “Exercising Access, Data Portability, and Deletion Rights” below for verification process). We aim to comply with requests as soon as reasonably practicable.
• Targeted Interest-Based Advertising. Some of the business partners that collect information about users’ activities on or through the Website may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.  You may stop or restrict the placement of cookies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.aboutads.info/choices/, https://youradchoices.ca/choices/,  www.networkadvertising.org/managing/opt_out.asp, and http://www.youronlinechoices.eu/. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.

Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

European Economic Area (EEA) Residents

           We are located in the United States and the personal information we collect is stored in the United States.  This section applies to you if you live in the EEA.  You may have the right to:

• Request access to your personal information, confirmation that we have information about you, and to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you if it is inaccurate or incomplete.
• Request erasure of your personal information, subject to certain limitations, where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where you believe we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law.
• Object to processing of your personal information where we are relying on a legitimate interest (or that of a third party) and you feel it impacts your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes.  In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms under certain circumstances.
• Request restriction of processing of your personal information under certain circumstances if: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer (or portability) of your personal information to you or to a third party in a structured, commonly used, machine-readable format, in certain limited circumstances. Note that this right only applies to automated information which you initially provided for us to use or where we used the information to perform a contract with you.
• Withdraw consent, to the extent the processing of your personal information is based on your consent.
• Complain to a government regulator if you are not satisfied with our response, depending on your location.

Legal Bases For Processing

This section describes some of the legal bases we rely on to process your personal information. We may process your personal information for more than one legal basis depending on the specific purpose(s) for which we are using your personal information, including the following legal bases:

• Contracts. Where we need to perform the contract we are about to enter into or have entered into with you, including to provide you products or services.
• Legitimate Interests. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. The following are non-exhaustive examples of where we rely on legitimate interest to process personal information:
• We have a legitimate interest in processing personal information relating to our existing customers in order to manage our business relationship and provide communications and information that may be of interest, including marketing communications.

• We have a legitimate interest in using cookies as outlined in this Privacy Policy. We have a legitimate interest in communicating with you to respond to and/or follow up on your requests, inquiries, issues, or feedback.
• Legal Obligations. Where we need to comply with a legal or regulatory obligation.
• Consent. In some cases, we rely on your consent as a legal basis for processing your personal information.

Important Information for California Residents

            The CCPA provides consumers who are California residents with specific rights regarding their Personal Information.  This section applies if you are a California resident, and describes your CCPA rights and explains how to exercise those rights.  These rights are not absolute and, in certain cases, we may decline your request as permitted by law.

“Legal Categories” of Personal Information

California law requires us to tell you about the Personal Information we collect about you in a certain way – specifically, we need to tie it back to “legal categories” of Personal Information that are listed in the law.  To do this, we bundled up the information we gave you above in this Privacy Policy and matched the different types of Personal Information we collect about you with the legal category.  Please note that certain pieces of Personal Information may fall into more than one of these categories.

To make things easier to understand, we’ve put this information in the table below that shows:

1. The legal category of Personal Information;
2. Examples of the types of Personal Information included in each legal category;
3. The source(s) from which we collect this type of Personal Information;
4. The purpose(s) for why we collect and use your Personal Information for each legal category; and
5. The categories of third parties with whom we share your Personal Information for a business purpose or for purposes of cross-context behavioral advertising.

We’ve included this information in the table provided below.  As noted in the chart, some of the information is considered “sensitive Personal Information” (as defined by California law). 

The categories of Personal Information we may have collected in the last twelve (12) months, the source of the information collected and the business purpose for collection are listed in the chart below.  We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice. It is possible that we have not collected and/or will not collect information in a particular category.

Your Rights and Choices in California
Under certain circumstances, you may have the following rights or choices with respect to your Personal Information.  You may also designate an authorized agent to make a request on your behalf.

• Know: You may have the right to know what information is being collected about you, and to know whether your Personal Information is disclosed and to whom.
• Delete: You may request that we delete your information, subject to certain exceptions.
• Correct: If you believe that any of your Personal Information collected by us is inaccurate, you may have the right to have that information corrected.
• Opt Out of Sale: You have the right to ask us not to sell your Personal Information. We do not sell your Personal Information.
• Opt Out of Sharing: You may have the right to opt out of the sharing of your Personal Information for purposes of cross-contextual behavioral advertising.
• Access: You have the right to request that we provide a copy of your information to you.
• Non-Discrimination: You have the right not to receive discriminatory treatment by us because you exercise your privacy rights. We do not discriminate against individuals who exercise their privacy rights under applicable law.

Information, Access and Deletion Rights

Information Rights

            You have the right to request the following information about how we have collected and used your Personal Information during the past 12 months: (a) the categories of Personal Information we have collected about you; (b) the categories of sources from which we collected Personal Information; (c) the business or commercial purpose for collecting and/or selling Personal Information; (d) the categories of third parties with whom we share your Personal Information; (e) whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third party recipient; and (f) whether we have sold your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient.

Access Rights

You have the right to request a copy of the Personal Information that we have collected about you during the past 12 months.

Deletion Request Rights

            You have the right to ask us to delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions (“Deletion Request”).  We may deny your Deletion Request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Information, Access and Deletion Rights

You, or someone legally authorized to act on your behalf, may exercise your rights described above by:

• Calling us at 786-220-0115
• E-mailing your request with the information required below to: info@thecloudoneresidenceswynwood.com.

            We will need to confirm your identity to process your requests to exercise your information, access or deletion rights.  We cannot process your request if you do not provide us with sufficient detail to allow us to verify your identity, and understand and respond to the request.  A California resident can empower an “authorized agent” to submit request on his/her behalf.  We will require the authorized agent to have a written authorization confirming authority.  Parents or Guardians can submit a request on behalf of a minor child.

            The Personal Information you provide with your request will only be used to verify your identity.  Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request.  If we deny your request, we will communicate our decision to you.

Third Party Sites 

            This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site to which this Website contains a link. Please read the terms, conditions and policies of such third party sites before accessing or using such sites. The inclusion of a link on the Website does not imply any endorsement of the linked site by us or by our affiliates.

Security

           We employ physical, technical and administrative procedures designed to prevent unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss, and to ensure the correct use of information, to safeguard this Website and the Personal Information we collect. All of our employees and any third parties we employ to process your Personal Information are obliged to respect its confidentiality. However, transmission of information through the internet is not secure. Although we seek to protect your information as described above, we cannot guarantee the security of any information you transmit to the website or to us, and you transmit such information at your own risk.  Please do not send sensitive or confidential information to us by email or by any other means in connection with the Website. If you have reason to believe that your communications with us have been compromised in any way, please immediately notify us of the problem by contacting us as provided in the “Contacting Us” section below. 

Retention Period 

            We will retain your Personal Information and Other Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law. 

Use Of Site By Minors; Children’s Privacy 

            Our Website is not intended for children under 16 years of age. No one under age 16 may provide any Personal Information to or on the Website. We do not knowingly collect Personal Information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us using the information provided in the “Contacting Us” section below.

Governing Law and Jurisdiction

            All matters relating to the Website and the Privacy Policy, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Florida, or with respect to consumers who are California residences, the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule.  This Website is operated, in whole or in part, from the United States.  By using this Website, regardless of where you live in the world, you consent to have any Personal Information you provide through this Website transferred to and processed in the United States, and allow us to use and collect your Personal Information in accordance with this Privacy Policy.  Text on this Website may be published in languages other than English.  In all instances, the English language version of any text, including this Privacy Policy, controls the legal impact and interpretation of this Website and its use.

Cross-Border Transfer

            Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. As a result, your Personal Information may be processed in a country with less stringent privacy laws than the laws in the country that you reside. Where possible, we treat Personal Information using the same privacy principles that guide the law of the country in which we first receive your data. By submitting your Personal Information to us you agree to the transfer, storage, and processing of your data in a country other than your country of residence including, but not limited to, the United States. For more information on our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another, contact us using the contact information below. If you reside in the EEA, you may also request a copy of any Standard Contractual Clauses we use for the transfer of your data outside of the EEA, which includes the categories of information transferred by contacting us using the contact information below.

Sensitive Information

            We ask that you not send us, and you not disclose, any sensitive information (e.g., Social Security numbers, credit card or other payment card information, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership), or other information you consider to be confidential, on or through the Website or otherwise to us. 

Changes To This Privacy Notice

We may change our Privacy Policy and privacy practices.  New notices will be published on the Website.  If changes are material, the Privacy Policy that was in place when you submitted Personal Information to us will generally govern that data unless you consent to the new Privacy Policy. Our Privacy Policy shows “effective” and “last updated” dates above. The effective date is the date the current version took effect. The last updated date is the date the current version was last substantively changed.

Contacting Us 

            If you have any questions or comments about this notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or reside in California and wish to exercise your rights under California law, please do not hesitate to contact using the contact information provided below.  If you are not satisfied with our response and are in the European Union or United Kingdom, you may have a right to lodge a complaint with your local supervisory authority.

Phone:  786-220-0115

Email: info@thecloudoneresidenceswynwood.com   

Postal Address:

Whale & Star Wynwood Owner LLC

Attn: Manager

2340 NE 48^th Court

Lighthouse Point, FL 33064

YOUR USE OF THIS WEBSITE (the “Site”) CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED HEREIN. These Website Terms of Use (“Terms of Use”) describe the terms pursuant to which Whale & Star Wynwood Owner LLC, a Delaware limited liability company (referred to in these Terms of Use as the “Company,” the “Developer,” “we,” “us” and “our”) provides the website located at www.thecloudoneresidenceswynwood.com (the “Site”). We prepared these Terms of Use to help explain the terms that apply to your use of the Site. We may modify the Terms of Use as well as discontinue, withdraw, replace or change any content or services offered via the Site at any time and your continued access and use of the Site thereafter constitutes your acceptance of such changes. You may view the most up-to-date version of the Terms of Use at any time at www.thecloudoneresidenceswynwood.com. These Terms of Use incorporate our Privacy Policy, which is posted at https://www.thecloudoneresidenceswynwood.com/privacy-policy/, which explains and provides information regarding our collection, processing and use of personal information and your rights with respect thereto.

If you do not agree to these Terms of Use, please do not use this Site

NOTICES AND DISCLAIMERS

ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE 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.

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, WHALE & STAR WYNWOOD OWNER LLC, A DELAWARE LIABILITY COMPANY (“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, #7 or #12; OR A “NO-ACTION” REQUEST IS GRANTED.

NOTHING ON THIS SITE IS INTENDED AS AN OFFER TO SELL, OR SOLICITATION OF OFFERS TO BUY, CONDOMINIUM UNITS IN ANY JURISDICTION WHERE SUCH OFFER OR SOLICITATION CANNOT BE MADE OR ARE OTHERWISE 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 OFFERING DOCUMENTS (THE “OFFERING DOCUMENTS”) FOR THE CONDOMINIUM AND NO STATEMENTS SHOULD BE RELIED UPON UNLESS MADE IN THE OFFERING DOCUMENTS 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.

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims related to the Site you and we may have against each other are resolved (see Section 7 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 7(E). Unless you opt-out of arbitration: (A) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

The Site is provided for information purposes only. This Site is meant to be used as an overview of The Cloud One Residences Wynwood project (the “Project”) 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

Whale & Star Wynwood Owner LLC, the developer of the Project (the “Developer”).

The Developer, its subsidiaries, affiliates, contractors, agents, employees, licensees, and/or assigns are in no way responsible or liable for any damages whether they be direct, indirect, punitive, special, consequential, contribution or indemnity of any kind whatsoever, however caused, arising out of the use or non-availability of this Site. Additionally, access to third-party Internet sites linked to this Site are at the user’s own risk and Developer is not responsible for the accuracy or reliability of any information, opinion, advise, statements or transactions made on such sites.

The Project graphics, renderings and text provided herein are copyrighted works owned by the Developer. © 2024, Whale & Star Wynwood Owner LLC. All rights reserved. Unauthorized reproduction, display or other dissemination of such materials is strictly prohibited and constitutes copyright infringement. Additionally, this Site may contain or reference trademarks, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of the Developer and/or other parties. No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of the Developer and/or other parties is granted to or conferred upon you.

All communications or material transmitted by you through this Site shall be treated as non-confidential and non-proprietary. Any information posted on this Site is the property of the Developer and may be used for purposes, including, without limitation, of reproduction, disclosure, transmission, broadcast and posting. Please do not use e-mail to send us transaction instructions. Site visitors who choose to send e-mail messages to the Developer or its affiliates that contain confidential, private or personal information do so entirely at their own risk.

No real estate broker is authorized to make any representations or other statements regarding the 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. Please refer to the Developer’s official Project brochures, this Site and materials and the documents furnished by the Developer pursuant to state law for information regarding the Project.

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 herein or in other materials for the project. Please check with the sales center for the most current pricing.

The sketches, renderings, graphic materials, plans, specifications, terms, conditions and statements contained herein are proposed only, and the Developer reserves the right to modify, revise or withdraw any or all of same in its 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. 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. 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 residences. 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 are conceptual only and are not necessarily included in each unit in the condominium (a “Unit”). All such materials are not to scale and are shown solely for illustrative purposes. There may be finishes are available to purchase as an upgrade to your Unit. Consult your Agreement and the Offering Documents for the items included with the Unit. All residence features and building amenities are subject to change, including, without limitation, changes in manufacturers, brands, amenities, services and/or the design team. Without limiting the generality of the foregoing, the Developer reserves the right to substitute any of the foregoing with items of similar or better value, in the Developer’s opinion. Dimensions and square footage and ceiling heights are approximate and may vary with actual construction.

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.

The condominium views will vary depending on the Unit purchased. No view is guaranteed. Any view from any unit of from other portions of the property may in the future be limited or eliminated by future development or circumstances or events beyond our control and the Developer in no manner guarantees the continuing existence of any view.

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. There is no guarantee that any or all such off-site attractions, shopping venues, restaurants, and activities will exist as depicted, or that there would not be changes or substitutions of the attractions and venues nearby

Any 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. Any such restaurants, and/or other business establishments, if located at the Project, would be operated from commercial components of the Project which may be offered for sale to third parties. Except as may be otherwise provided in the offering materials, the use of 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.

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

Additional Terms

1. Updates to these Terms of Use. We may modify these Terms of Use from time to time.  If you do not agree with the proposed changes, you should discontinue your use of the Site.  If you continue using the Site after the new terms take effect, you will be bound by the modified Terms of Use. 
2. Privacy Policy. In connection with your use of the Site, please review our Privacy Policy, located at https://www.thecloudoneresidenceswynwood.com/privacy-policy/, to understand how we use information we collect from you when you access, visit or use the Site and for information about how we handle your personal information, such as what information we collect and use, the sources of the personal information we have about you, how we share your personal information, how we protect your personal information, and the rights you may have for the personal information we hold about you.   We may ask for and collect your personal information to provide information about the Project, enhance your experience, and provide you with other relevant information.  If you have any questions about our Privacy Policy, you may contact us via email at info@thecloudoneresidenceswynwood.com and we will respond promptly.  If we make any changes to the Privacy Policy, we’ll update the notice on the Site and the date it was last updated. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you agree to the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms. 
3. Your Use of the Site. The Site offers information regarding the Project.  You may also register as a user to receive information and promotional content from us via the Site.  We may remove, modify or otherwise discontinue providing any content on the Site at any time with or without cause and with or without notice, without any liability.  Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without our prior written consent.  As a condition of your use of the Site, you represent, warrant and covenant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  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:

• impersonate any other person or entity, provide false or misleading identification information, or invade the privacy, or violate the personal or proprietary rights, of any person or entity.

• use the Site for any unauthorized or illegal purpose (including soliciting others to perform illegal acts).

• link to the Site or reproduce renderings or other content on the Site without our express written consent.

• interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including without limitation, hacking into the Site.

• “frame” or “mirror” any part of the Site.

• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site, including from any user of the Site, or use any means to scrape or crawl any part of the Site.

• remove any copyright, trademark, or other proprietary rights notices contained on the Site.

• decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Site, or any portion thereof.

• use any device, software, program, or routine or transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of the Site, any other person’s use of the Site, or any related systems.

• circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Site content or enforce limitations on use of the Site or Site content.
• Submit any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.
• Violate any applicable laws or regulations.

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 our 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 or 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 or create a website or website page for your own marketing of the Project.  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.  You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site.  Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited.  You acknowledge and agree that the Site may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and we shall have no liability with respect thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.

4. Our Intellectual Property Rights. The content on the Site (“Materials”) and the trademarks, service marks, and logos contained on the Site, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Site and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials and shall not reproduce the Materials, whether in print or electronic form. You further agree not to access the Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.
5. 5. Our Management of the Site; User Misconduct
6. Our Right to Manage the Site. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Site for violations of these Terms of Use and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; and (iii) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site.
7. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Use, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Site TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Use, OR OF ANY APPLICABLE LAW OR REGULATION.
8. Third Party Sites. The Site may contain links to other third party websites (“Linked Sites”) or frames of other third party website screens (“Framed Sites”) which may offer third party products and services.  The Linked Sites and Framed Sites and the products and services offered or provided at such sites are subject to their own separate terms and conditions of use and are not under our control and we is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site or any such products and services.  We are not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site, or with respect to any information you provide to any such Linked Site or Framed Site.  Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or Framed Site or any association with or its operators.
9. Legal Disputes and Arbitration Agreement.

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

1. Initial Dispute Resolution. We are available by email at info@thecloudoneresidenceswynwood.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. Each of you and the Developer agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. 
2. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 7(A) above, then either party may initiate binding arbitration.  Except as expressly provided otherwise herein, all claims arising out of or relating to these Terms of Use (including its formation, performance and breach) and/or your use of the Site shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) using a single arbitrator selected by our mutual agreement with you, or if we are unable to agree on a single arbitrator, by a panel of three arbitrators with each party selecting one arbitrator and the two arbitrators selecting the third arbitrator. The arbitration shall be conducted subject to confidentiality and in accordance with the provisions of the AAA’s Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions.  The arbitrator(s), and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.  The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879.  You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial.  You 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. You agree to keep any such arbitration and matters related thereto confidential.
3. Class Action and Class Arbitration Waiver. You further agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 7(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
4. Exception – Claims by Us Seeking Injunctive or other Equitable Relief. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, we may seek injunctive relief, specific performance and other equitable relief against you to enforce these Terms of Use in the state or federal courts located in Miami-Dade County, Florida as provided in Section 7(F) below.
5. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 7(B), 7(C), and 7(D) by sending written notice of your decision to opt-out to the following address: Whale & Star Wynwood Owner LLC, 2340 NE 48^th Court, Lighthouse Point, FL 33064, or by email to info@thecloudoneresidenceswynwood.com. The notice must be sent within thirty (30) days of commencing use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections.  If you opt-out of these arbitration provisions, we also will not be bound by them. 
6. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 7(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Miami-Dade County, Florida. You expressly consent to exclusive jurisdiction in Miami-Dade County, Florida for any litigation. 
7. Applicable Law. You agree that federal laws and the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and the Company. 
8. Warranty Disclaimers; Limitation on Liability.
9. General Disclaimer of Warranties Relating to the Site.

(i)         ALL Materials OR ITEMS PROVIDED THROUGH the Site ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING the Site, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON ANY OTHER SITE LINKED TO BY the Site, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY sites, OR THAT these MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these Terms of Use. YOU AGREE THAT YOUR USE OF The Site WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, PROJECT DEVELOPMENT ENTITIES AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the Site AND YOUR USE of the SITE.

(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 OUR AFFILIATES OR LICENSORS 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.

1. Limited Liability. IN NO EVENT SHALL THE DEVELOPER OR ANY OF its AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Site, MATERIALS OR ANY OTHER CONTENT provided through the site.
2. Exceptions to Disclaimers and Liability Limitations. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS in Sections 8(a) OR 8(B) MAY NOT APPLY TO YOU.
3. Indemnity. You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors (including specifically, but without limitation, the Developer) and our and their respective officers, agents, partners and employees, harmless from any claims, damages, fines, losses, expenses, liability of any kind, including reasonable attorneys’ fees, based upon, due to or arising out of your use of the Site or any Materials in violation of these Terms of Use or applicable law.
4. Information Provided To The Site. By registering, posting, uploading, inputting or otherwise submitting your contact information or other information to the Site, you grant to us and our contractors and their respective affiliated companies permission to use such information in connection with the operation of the Site and marketing of products or services, contacting you and sending you emails and other communications, including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat such information as part of marketing to you based on your expression of interest and request to be contacted.  No compensation will be paid with respect to the use of such information.  Said permission and information is transferable by us to an acquirer in connection with a business or asset sale.  We are under no obligation to post or use any information you may provide and may remove any such information at any time in our sole discretion.  By posting, uploading, inputting, providing or submitting such information, you represent and warrant that you are of legal contracting age, that you own or otherwise control all of the rights to such information as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such information and that such information does not infringe or otherwise violate any third party intellectual property or other right.  We do not control or endorse the content, messages or information found in any communication sent by you to the Site or to you from any third party and, therefore, we specifically disclaim any liability with regard to such communications and any actions resulting from your participation in any such communication.  When you visit this Site or send e-mails to us, you are communicating with us electronically, and by doing so, you consent to receive communications from us electronically.  We may communicate with you by email, phone, texting or by other means and you consent to same. You may provide notice to us requesting that we not contact you or not contact you via specified methods. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may also disclose your personally identifiable information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law.  You agree that we have the right to disclose and transfer your personally identifiable Information to our successors-in-interest or in connection with a merger or acquisition transaction or change of control and/or otherwise in accordance with and subject to our Privacy Policy.
5. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of the applicable right or provision.
6. Severability. These Terms of Use operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
7. Assignment. We may assign our rights and obligations under these Terms of Use without your approval. You may not assign any rights or delegate any obligations hereunder.
8. No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Use, he or she is not acting as an agent for us or speaking on our behalf.  You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
9. Reporting Violations; Enforcement. Any party seeking to report any violations of these Terms of Use may contact us via e-mail: info@thecloudoneresidenceswynwood.com.  When we become aware of an alleged violation of these Terms of Use, we may initiate an investigation. Depending on the severity of the violation, we may, at our sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement agency of such violation.
10. Notices And Procedure For Making Claims Of Copyright Infringement. Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this 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:           Whale & Star Wynwood Owner LLC- www.thecloudoneresidenceswynwood.com

Name of Agent Designated to Receive Notification of Claimed Infringement: Whale & Star Wynwood Owner LLC, Attn: Manager

Full Address of Designated Agent to Which Notification Should be Sent:  Whale & Star Wynwood Owner LLC, 2340 NE 48^th Court, Lighthouse Point, FL 33064, Attn:  Manager

Telephone Number of Designated Agent:  786-220-0115

Email Address of Designated Agent:      info@thecloudoneresidenceswynwood.com

WHAT YOUR NOTIFICATION MUST INCLUDE:

To be effective, the notification must include the following:

1. Your name, physical address, telephone number, facsimile number, e-mail address and name of contact person;
2. Identification of the copyrighted work(s) claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or under applicable law;
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

WHAT WE WILL DO UPON RECEIPT OF PROPER WRITTEN NOTIFICATION:

Upon receipt of the written notification containing the information as outlined above:

1. We shall remove or disable access to the material that is alleged to be infringing;
2. We shall forward the written notification to such alleged infringer; and
3. We shall take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the material.

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:

1. The alleged infringer’s name, address, and telephone number;
2. A statement the alleged infringer consents to the jurisdiction of federal district court for the judicial district in which we are located and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person;
3. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
4. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material to be removed or disabled; and
5. A physical or electronic signature of the alleged infringer.

WHAT WE WILL DO UPON RECEIPT OF PROPER COUNTER NOTIFICATION:

Upon receipt of a counter notification containing the information as outlined above:

1. We shall promptly provide the complaining party with a copy of the counter notification;
2. We shall inform the complaining party that we will replace the removed material or cease disabling access to it within ten (10) business days; and
3. We shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided that our Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer form engaging in infringing activity relating to the material on our network or system.
4. Questions; Accessibility. Should you have any questions regarding the Site, or if you desire to contact us for any reason, please contact us at Whale & Star Wynwood Owner LLC, 2340 NE 48^th Court, Lighthouse Point, FL 33064, Attn:  Manager,  or by e-mail at info@thecloudoneresidenceswynwood.com or by phone at 786-220-0115, attention: Manager.  We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please call us at 786-220-0115 or email our team at info@thecloudoneresidenceswynwood.com, and we will be happy to assist you.
5. Entire Agreement. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and us with respect to the Site and the information provided via the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

a. The site is designed as a service to our customers and may be used for information purposes only. This site is meant to be used as an overview of Whale & Star Wynwood Owner LLC, a Delaware limitedliability company, its projects and in no way whatsoever should the information contained in this Website 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 Whale & Star Wynwood Owner LLC, a Delaware limited liability company.

b. Whale & Star Wynwood Owner LLC, a Delaware limited liability company, its subsidiaries, affiliates, contractors, agents, employees, licensees, and/or assigns are in no way responsible or liable for any damages whether they be direct, indirect, punitive, special, consequential, contribution or indemnity of any kind whatsoever, however caused, arising out of the use or non-availability of this Website.  Additionally, access to third-party  Internet sites linked to this Website are at the user’s own risk and Whale & Star Wynwood Owner LLC, a Delaware limited liability company is not responsible for the accuracy or reliability of any information, opinion, advise, statements or transactions made on these sites.

c. The sketches, renderings, graphic materials, plans, specifications, terms, conditions and statements contained herein are proposed only, and the Developer reserves the right to modify, revise or withdraw any or all of same in its 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.

d. Any drawings and depictions in this website 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 residences. 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 are conceptual only and are not necessarily included in each Unit.  Consult your Agreement and the Offering Documents for the items included with the Unit.  Dimensions and square footage are approximate and may vary with actual construction.

e. All fixtures and items of finish and decoration are for display only and are not to be included with the unit. Consult the Offering Documents and the Agreement for a description of those features which are to be included in the units.

f. The features, plans and specifications described above are proposed only, and the Developer reserves the right to modify, revise or withdraw any or all of same in its sole discretion and without prior notice. Without limiting the generality of the foregoing, Developer reserves the right to substitute any of the foregoing with items of similar or better value, in Developer’s opinion.

g. The photographs contained in this brochure may be stock photography 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.

h. The project graphics, renderings and text provided herein are copyrighted works owned by the developer. © 2024, Whale & Star Wynwood Owner LLC, a Delaware limited liability company. All rights reserved. Unauthorized reproduction, display or other dissemination of such materials is strictly prohibited and constitutes copyright infringement.  Additionally, this website may contain or reference trademarks, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of the Developer and/or other parties.  No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Developer and/or other parties is granted to or conferred upon you.

i. No real estate broker is authorized to make any representations or other statements regarding the projects, and no agreements with, deposits paid to or other arrangements made with any real estate broker are or shall be binding on the developer. Please refer to the developer’s official project brochures, website and materials and the documents furnished by the developer pursuant to state law for information regarding the projects.

j. All communication or material transmitted by you through this Website shall be treated as non-confidential and non-proprietary. Any information posted on this Website is the property of Whale & Star Wynwood Owner LLC, a Delaware limited liability company and may be used for purposes, including, without limitation, of reproduction, disclosure, transmission, broadcast and posting

k. 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 brochure.  Please check with the sales center for the most current pricing.