Miromar Development Corporation – Terms of Use
Miromar Development Corporation (https://miromar.com/) (together with our affiliates, “Miromar,” “we,” “us,” “our”) operates a number of businesses including Miromar Outlets (www.MiromarOutlets.com), Miromar Design Center (www.MiromarDesignCenter.com), Miromar Lakes Beach & Golf Club (www.MiromarLakes.com), University Village including University Village Shops (http://www.universityvillagefl.com/) and Residences at University Village (http://www.liveuv.com/), Miromar Realty (a real estate brokerage company) and Miromar Title Company (a title insurance company).
These Terms of Use (the “Terms”) govern your access to and use of all our websites linking to these Terms, along with any mobile apps and other online or offline services we provide (collectively, the “Services”), whether accessed via computer, mobile device or otherwise, including any electronic content, media, functionality, features and applications (collectively, “Materials”) offered on or through the Services.
Agreement
Please read these Terms and our posted Privacy Policy carefully before you start to use our Services. By using the Services, you agree to be bound and abide by our posted Terms and Privacy Policy. If you do not agree to both the Terms and our Privacy Policy, or if you violate them in any way, your right to access or use the Services is terminated. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time, and by using the Services after the posting of a modification, you accept the modification.
You represent that you are of legal age to form a binding contract with us, and to the extent you are using our Services on behalf of an organization, you represent that you are authorized to accept our Terms on behalf of the organization (and references to “you” or “your” in our Terms are understood to apply to both you and your organization). Certain Services we provide may be subject to additional policies or guidelines presented to you, which shall be binding under these Terms. If you have entered into a specific agreement with us for certain services we provide (e.g., sale or lease agreement), the terms of that agreement will control to the extent there is any conflict with these terms.
PLEASE SEE SECTIONS 10-12 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING MANDATORY ARBITRATION AND A WAIVER OF RIGHTS TO A JURY TRIAL OR CLASS ACTION SUIT.
Prohibited Activities
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part of them; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials, or retrieve or record information about the Services or its users; (d) merge the Services or Materials with another program or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or Materials in violation of any applicable laws or regulations; (h) otherwise act in a fraudulent, illegal, misleading, malicious or negligent manner when using the Services; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (k) access or use the Services by means of any automated program, expert system, electronic agent or “bot”; (l) give any other person or entity unauthorized access to the Services; or (m) **scrape (defined below), copy, republish, license, or sell the information or Materials on the Services, or use them for AI training.
**For purposes of these Terms, **“Scraping” means the automated collection, harvesting, or extraction of data, content, or other information from the Services by any technological or programmatic means, including but not limited to bots, crawlers, spiders, or scripts, whether or not such methods impact the functioning of the Services.**
Your Account and Content
a. Accounts and Content
If we allow you to create a user account for any of our Services, you are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your Account, username, or any account or Services rights. All information you provide or provided to us must be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password and other credentials for the Services (if any) secret and secure. If anyone other than yourself uses your credentials (or credentials you assigned to them) to access your account, they may also perform actions available to you, and view or make changes to your account, and all such activities will be treated as occuring on your behalf, whether or not specifically authorized by you. You should therefore only share account credentials with people you trust and will be solely and fully responsible for all activities that occur under your account, and for any damages, expenses or losses that may result from such activities.
You represent that at all relevant times you own all necessary rights in and to any content uploaded, developed or provided by you, or imported, connected, copied or uploaded to us through our Services (“Content”), including any text, images, designs, animations, videos, audio files, fonts, logos, code, illustrations, compositions, or other content or media, as necessary to legally access, copy, use, publish, transfer and license such Content in the provision of the Services and for other purposes provided under these Terms. You further represent that you have obtained all third-party consents and permissions required under applicable laws regarding the collection, processing, storing, posting and transmission of any personal information and/or image or likeness of any person, entity or property which is part of the Content, and you will adhere to all such applicable laws.
We do not claim ownership rights to any of your Content. However, you hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any information that you send to us through the Services or otherwise in order for us to provide our Services and to maintain and improve the Services in accordance with these Terms and our Privacy Policy.
b. Feedback
If you choose to send us feedback, recommendations, issues, information, ideas, suggestions, or other materials in connection with our business or Services, you agree that we are free to use it for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you, and without any commitment to confidentiality unless we expressly provide otherwise.
c. Privacy
Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy, which is incorporated herein by reference and made a part of these Terms.
d. Text Messaging
We may offer the ability to participate in a text message program, such as for security alerts, service updates and marketing promotions. By opting in to a text message program and/or responding “Y” or “Yes” to an enrollment text message, you confirm that you want to be enrolled in texts and are legally able to enter into these Terms with respect to the provided phone number. You do not need to consent to receive texts as a condition of using our Services. Message and data rates may apply. Text “STOP” at any time to stop receiving text messages; text “HELP” for help.
Text message frequency may vary based on the Services. We and participating carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For any questions about our text program, you can reach us via the contact information provided below.
Benefit and Promotion Activities
For terms governing the Miromar Outlets Gift Card, see https://miromaroutlets.com/gift-cards-disclaimer/. For the terms governing the Miromar Outlets ‘Ongoing Sweepstakes – Official Rules and Regulations’, see https://miromaroutlets.com/contest-rules-regulations.
We may extend promotional offers, consumer benefits and/or loyalty programs in connection with certain Services (each, a “Program”), subject to these Terms and any addition terms and conditions presented with such offers and programs.
You may be required to create an account or provide certain information about yourself to take advantage of some Programs. You acknowledge that we may use the information you provide during Program enrollment and as a Program member to communicate with you about Program changes, special offers and other benefits for Program members, promotions and sweepstakes, and other information that may affect you. We will limit such communications based on preferences you specify, if applicable.
Programs are generally limited to individuals who are at least 18 unless provided otherwise. Some offers are limited to one per person. Additional restrictions may apply to Miromar employees. We may change eligibility requirements for Programs at any time. All federal, state and local laws and regulations regarding the eligibility of Program members apply. Programs are void where prohibited or restricted by law.
You may deactivate a Program account at any time as directed in the Program terms or by contacting us. We may deactivate any Program account after 12 consecutive months of no account activity, but we will endeavor to notify you prior to account deactivation. Any rewards stored in any Program account and any accruals towards rewards will expire upon deactivation of the account by you or by us.
There is no fee to enroll and participate in a Program. Any Program account, reward options and any accruals towards rewards under a Program do not have a cash value. You may not sell, transfer or assign your Program account, including promotions, rewards and accruals towards rewards under the Program. You are responsible for any taxes, charges or other liabilities related to or resulting from your participation in a Program.
We are not liable for improper access to a Program account, or for changes to a Program account unless such unauthorized access is the result of our gross negligence, intentional misconduct or breach of applicable Program rules. Likewise, we are not responsible in such circumstances for reinstatement of lost Program rewards or benefits, or for any damages or losses sustained by a Program member as a result of such unauthorized access unless it is the result of our gross negligence, intentional misconduct or breach of applicable Program rules. If you become aware of any fraudulent or unauthorized activity on your Program account, you must report to us the fraudulent or unauthorized activity immediately and provide relevant information and cooperation to us in connection with such activity.
We have the right to monitor all Program accounts for suspicious and similar activity. If a Program account shows signs of fraud, abuse, or suspicious activity, we may close or freeze the account immediately, and the Program member may lose any accumulated Program rewards or other benefits accumulated in connection with the Program. Notwithstanding the foregoing, we are not obligated to close or freeze such accounts. We may take any legal action we deem appropriate and may rescind, void or otherwise terminate any Program account and any associated benefits in the event of a violation of applicable Program rules or our Terms.
We may suspend or discontinue any Program account or benefits associated with anyone we believe in our sole and absolute discretion has (i) violated these Terms or Program rules; (ii) violated applicable laws; (iii) engaged in any fraudulent or dishonest behavior, theft, misconduct or wrongdoing; or (iv) engaged in any abusive, fraudulent, disruptive, inappropriate, offensive or hostile conduct, whether physical or verbal, towards any of our employees, agents or representatives, or against another individual at or in connection with any of our physical locations.
For more information and a list of all current rewards, promotions, features and others benefits, including any additional terms, conditions, exclusions and limitations, please visit our relevant websites and locations. Available rewards, promotions, features and other benefits may vary by our different business participation and locations and may be discontinued at any time in our sole and absolute discretion.
Certain Programs may be subject to eligible purchase requirements imposed by us in our sole and absolute discretion. Eligible purchases generally include all purchases at participating websites and locations using cash and cash equivalents, credit cards, automatic debit cards and prepaid cards, excluding purchases of gift cards, prepaid cards, other specified items and applicable taxes.
We may provide several special offers from time to time. Offers may include, but are not limited to, percent-off and dollar-off coupons. The number and type of offers may vary. Offers may include additional terms and conditions, including possible restrictions, exclusions and limitations. We may, in our sole and absolute discretion, run special limited time promotions available only to all Program members or select individuals whether based on location, spending habits or other criteria in our sole and absolute discretion. We may also, in our sole and absolute discretion, provide additional features and benefits to some or all Program participants, such as exclusive offers or event access.
Intellectual Property Rights
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful and intended purposes in accordance with these Terms and our Privacy Policy. The Services contain Materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Services. Except as provided herein, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without prior written permission from us or the third-party owner. Unauthorized use of any Materials provided by the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Except as expressly provided herein, we and our third-party licensors reserve all rights with respect to the Services and Materials. We may pursue legal action under applicable laws and/or report to law enforcement for any violations, and we may terminate the account of any user believed to violate our Terms. We may also disable any social media features and any links at any time without notice in our sole discretion.
Trademarks and service marks that may be referred to in the Services are our property or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. You are not authorized to use our company and brand names and logos without express written permission, except to the extent otherwise permitted by law.
Reporting Copyright Infringement And Other Violations
We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us (a “Notification”) via the contact information provided at the end of these Terms; provided however, that when notifying us that copyrighted material may have been infringed, written notification should be submitted in writing as provided by the Digital Millennium Copyright Act (“DMCA”) to us as follows:
Attn: Legal Department
Miromar Development Corp.
10801 Corkscrew Rd., Suite 305
Estero, Florida 33928
To be effective, you must provide a copyright infringement notification as follows: (1) Identification of the copyrighted work(s) that you claim has been infringed; (2) A description of the material that you claim is infringing and the location of that material on the Services; (3) Your address, telephone number and email address, and the contact information (if known) for the user who posted the allegedly infringing content (email address is preferred); (4) A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (5) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (6) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed.
A copy of your Notification may be sent to the user who posted the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
Provision of our Services and Materials
We may update the content in our Services and Materials from time to time, but it will not necessarily be complete or up-to-date. You acknowledge that we may not always identify promoted services or content, or commercial communications as such. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.
We can terminate your right to access or use any of our Services at any time in our discretion, except to the extent agreed otherwise in a separate agreement between you and Miromar (e.g., sale or lease agreement).
Links in the Services
Although we may control some of the hyperlinks in the Services, other links within the Services may lead to third-party sites such as online retailers and social media platforms. We include these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that we are in any way affiliated with the linked site. The Services do not incorporate any materials appearing in such linked sites by reference. We reserve the right to terminate a link to a third-party web site at any time. The third-party sites are not controlled by us, and may have different terms of use and privacy policies, which we encourage you to review.
Linking to the Services
You may link to our website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.
Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE SERVICES AND MATERIALS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MIROMAR AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE PRICE YOU PAID FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. THIS LIMITATION SHALL APPLY EVEN IF ANY ONE OR MORE REMEDIES PROVIDED IN THESE TERMS OF SERVICE FAIL OF ITS ESSENTIAL PURPOSE.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND WAIVE, THE BENEFITS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
The provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. We reserve all rights, defenses and permissible limitations under the law of your state of residence.
Indemnification
You agree to indemnify and hold us harmless from and against any and all losses, expenses, damages, and costs, including without limitation reasonable attorneys’ fees and costs resulting, whether directly or indirectly, from your violation of these Terms, and any and all claims brought by third parties arising out of: your use of the Services; your Content; or any other posting, a link, reference to other content, or otherwise associated with your account.
Governing Law; Arbitration and Class Action Waiver
The laws of the State of Florida, excluding its conflicts-of-law rules, shall govern these Terms and the Services. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS WITH JURISDICTION FOR THE STATE OF FLORIDA IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON-CONVENIENS OR OTHER REASON. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Transaction Act (UCITA) are expressly excluded from these Terms.
We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of the Services. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to you initiating a lawsuit or arbitration against us. Any matter or dispute relating in any way to your use of the Services or these Terms, which is not so resolved shall be submitted to binding confidential arbitration as provided below.
Excluding claims by us for injunctive or other non-monetary relief, any claims related to the Services and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
The arbitration shall take place in Estero, Florida or upon mutual written agreement of the parties, online, by telephone, via written submissions alone, and be administered by JAMS; provided however, that in the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against us in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by JAMS, we may elect in our sole discretion to consolidate such arbitrations before an arbitrator mutually agreed-upon by the parties (and terminate any pending administration by JAMS), with such arbitrator being a retired federal or state judge and experienced with the subject matter of the arbitration.
YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT FOR CONSOLIDATED ARBITRATION AS PROVIDED ABOVE, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree (and for consolidated arbitration as provided above), no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Services Controlled from United States
Our Services are intended for use in the United States. We make no representation that content or materials in the Services are appropriate or available for use in other jurisdictions outside the United States. Access to any of the Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Services from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
Entire Agreement; Severability
You acknowledge that you have read and understood and agree to be bound by these Terms. You further agree that these Terms, together with our posted Privacy Policy, which is incorporated into these Term by reference, constitute the complete and exclusive statement of the agreement between you and us and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms. If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be treated as superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.
Contacting Us
If you have any questions about our Services or these Terms, you can contact us or our various businesses as directed at https://miromar.com/contact/.
These Terms were last updated October 20th, 2025.