Use of Site is “AS IS”
USE OF THE SITE IS PROVIDED “AS IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL SUNSEEKER RESORTS OR SUNSEEKER DEVELOPMENT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THE SITE, FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE OPERATION OF THE SITE, OR SUSPENSION OR TERMINATION OF THE OPERATION OF THE SITE OR YOUR ABILITY TO ACCESS AND USE THE SITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF SUNSEEKER RESORTS OR SUNSEEKER DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE SITE BY YOU IS AT YOUR SOLE RISK, RESPONSIBILITY AND LIABILITY.
Operation and Access of Site
Sunseeker Resorts makes no representations or warranties regarding the availability of the Site at any given time, whether the use of the Site will be uninterrupted, or the continued operation of the Site. Sunseeker Resorts, with or without notice, may suspend the operation of the Site for indefinite periods of time, terminate the operation of the Site at any time, and suspend or terminate your ability to access and use the Site at any time. Sunseeker Resorts, with or without notice, may revise the features and functionality of the Site, and the instructions and guidelines regarding the access to and use of the Site, at any time. Sunseeker Resorts, with or without notice, may at any time, revise the hardware, software and communication lines necessary to access and use the Site, and the IP number(s) or address(es) used for the Site. While Sunseeker Resorts takes reasonable steps to prevent the introduction of viruses, worms, Trojan horses, time bombs, or other computer programming routines, features or operations to the Site that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, Sunseeker does not guarantee or warrant that the Site or materials transmitted from the Site do not contain such computer programming routines, features or operations. You shall indemnify and hold Sunseeker Resorts harmless from any damage, loss, expense, including without limitation attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from, or relating to any failure by you to comply with these Terms. Sunseeker Resorts is not responsible for any technical failures or problems that are beyond its control, or any results of any such failures or problems.
By accessing this Site you agree to take reasonable precautions to avoid any imposition of viruses, worms, Trojan horses, time bombs, or other computer programming routines, features or operations to the Site that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Any hacking or interference by you or others in the orderly and proper administration of this site will be prosecuted to the full extent of the law.
You shall indemnify and hold Sunseeker Resorts and Sunseeker Development harmless from any damage, loss, expense, including without limitation attorneys' fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with the Terms or any misrepresentation made by you in your use of or participation in the information provided by the Site.
Unlawful and Prohibited Uses
You agree not to use this Site, including but not limited to any materials or services that you may receive through your use of this Site: (a) in a manner that violates any local, state, federal, foreign, or international statute, regulation, rule, order, treaty, or other law or for any purpose that is prohibited by these terms, conditions, or notices; (b) to stalk, harass or harm another person or to interfere with any other party's use and enjoyment of this Site; (c) to impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to damage, disable, overburden, interfere or disrupt this Site or the servers or networks connected to this Site or any of Developer's related websites. You further agree not to: (a) use any data mining, robots, or similar data gathering or extraction methods in connection with this Site or (b) attempt to gain unauthorized access to any portion of the Site or any other services, accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Sunseeker Resorts reserves the right to bar use of the Site by any person engaging in fraudulent activity, attempting to deliberately damage the Site or conduct activities that are incompatible with these Terms. Additionally, Sunseeker Resorts reserves the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion, and reserves the right to seek damages from any such person or persons to the fullest extent permitted by law.
In the event you sign up for any delivery of information from Sunseeker Resorts or Sunseeker Development through your use of the Site, in addition to any opt-out information provided on such materials, you may ask to be eliminated from further contact by Sunseeker Resorts by sending a written request to firstname.lastname@example.org or to:
Sunseeker Resorts Attn: Sales and Marketing 1201 N. Town Center Drive Las Vegas, NV 89144
and reasonable efforts will be undertaken promptly to remove you from any mailing lists.
General Disclaimers on Content
Any information provided in the Site is strictly intended for informational purposes only. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF SUNSEEKER RESORTS OR SUNSEEKER DEVELOPMENT. All prices are subject to change without notice. For correct representations, please refer to the Purchase and Sales Agreement used for the purpose of acquiring a condominium Sunseeker Development in the Resort. While information on the Site is considered reliable, neither Sunseeker Resorts nor Sunseeker Development guarantees the accuracy of this information. To the fullest extent allowable by law, all information provided on Site is provided “As Is” without any warranty whatsoever from Sunseeker Resorts or Sunseeker Development and Sunseeker Resorts and Sunseeker Development specifically disclaim any representations or warranties, expressed or implied, regarding the services and/or merchandise offered through this Site, including any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from a course of dealing or course of performance. The sketches, renderings, elevations, graphic materials, plans, specifications, completion dates, terms, conditions and statements are proposed only, and Sunseeker Resorts and Sunseeker Development reserve the right to modify, revise and withdraw any or all of same in its sole discretion and without further notice. The flyover and depictions of buildings are artists’ renderings and computer generated graphics of concept plans for the Resort and any condominium towers and are not intended to be final plans as the Resort and condominium towers are still in their formative stages and all plans are subject to change in the sole and absolute discretion of Sunseeker resorts and Sunseeker Development. Finishing items displayed in this Site are shown for illustrative purposes only and may not actually be included in the condominium you purchase. Finishing items are items such as, but not limited to, tile, marble, carpet, cabinets, stone, brickwork, wood, paint, stain and mica that are subject to size and color variations, grain and quality variations, and whose availability may vary in accordance with price, availability and manufacturer. Similarly, wall coverings, paint colors, accent light fixtures, wall ornaments, drapes, blinds, bedspreads, furniture, furnishings, wet bars, monitoring systems, certain built-in fixtures, special floor coverings, wood trim may be included in models or shown in illustrations in this Site strictly for purposes of decoration or example only and may not be included in the condominium you purchase. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for the same. Actual improvements may vary from those depicted and water, skyline or any other views may not be available from all the condominiums within the community. Future development can modify, limit or eliminate view from a particular condominium. All references to square footage (or square meters) are approximate and the actual configuration may vary. Differing measuring techniques may also yield different total area of a condominium. You should not rely upon any listed figures describing the gross area of a condominium. All condominiums are being sold based upon their type and location without regard to the total size or square footage and there is no guaranty that measurement will yield a specific figure. All price ranges, plans, specifications, features, amenities and other descriptions are preliminary and subject to change as the project develops. Prices will vary based on location, view, optional amenities, and changes in project development over time not reflected here. Prices do not include optional features or premiums for upgraded condominiums. Actual prices will become available when the condominiums become available for sale. Certain amenities will be operated by third parties and will be subject to availability and/or changes in plans. Additionally, certain amenities may require additional payment for use. Images and depictions are artistic, conceptual renderings for illustration purposes only and may not depict actual buildings or amenities, all of which are preliminary and subject to change or cancellation in their entirety. Any and all amenities are proposed only and will be subject to change as the Resort and condominium tower plans may evolve and are implemented.
Prior to offering condominiums for sale, Sunseeker Development contemplates a reservation program to allow interested parties to express their desire to purchase a condominium at the Resort once they become available for sale as limited by the requirements of the state of Florida and the state of residence of a prospective purchaser by entering into a reservation agreement (“Reservation Agreement”). Prospective purchasers understand and agree that a Reservation Agreement is not a reservation for a specific condominium, but rather provides Developer with guidance as to the type of condominium that a prospective purchaser hopes to acquire. A Reservation Agreement does not establish prospective purchaser’s priority for an opportunity to acquire a condominium, nor assure that prospective purchaser will be given an opportunity to acquire a condominium. The exact condominium, if any condominium at all, will be determined by Developer, in Developer’s sole and absolute discretion, and Developer’s determination will not be based on the order in which a Reservation Agreement was received. Developer makes no assurance as to the purchase prices of the condominiums to be offered. Reservation Agreements are non-binding indications of interest and cancellable at any time by a prospective purchaser.
No Investment Representation
Sunseeker Development is selling condominiums for personal use and enjoyment. Sunseeker Development is not making, nor does it condone, any representations about future income, profit or rental potential of any condominium. You should purchase a condominium for personal use and enjoyment without reliance upon any potential for future profit, rental income, economic or tax advantages.
Not an Offering of Property; Interstate Land Sales Disclaimers
This is not an offering of property in any jurisdiction that may have restrictions on interstate offerings of real estate, unless the property has been so qualified or exemptions are available. The properties or interest described herein may not be registered with the regulatory agency of jurisdictions where such prior qualification is required, including a jurisdiction in which you are located. Any information entering such jurisdictions shall be considered void and not an offering of real estate for sale by Sunseeker Development. Sunseeker Development will not knowingly disseminate information in such jurisdictions prohibiting an offering without complying with such requirements. An offer of property may only be made in the jurisdiction in which the property is located or other locations utilized for sales at the discretion of Sunseeker Development.
Notice to New York State Residents
Sunseeker Development and its principal(s) taking part in the public offering or sale of the condominiums are not incorporated in, nor do they currently maintain an office within the State of New York. Unless the offering of any cooperative interests in real estate is otherwise qualified under applicable New York law as described below, the offering for sale of the condominiums is neither made in the State of New York nor made to the residents of the State of New York. Until such time as all registration and filing requirements under the Martin Act and the Attorney General’s regulations are complied with; a written exemption is obtained pursuant to an application and such is granted pursuant to and in accordance with the Cooperative Policy Statements #1, #7, or #12; or a “No-Action” request is granted (i.e., the offering has been “qualified” under New York law), no offering for sale of the condominiums will be directed to any person or entity in or from the State of New York by, or on behalf of, Sunseeker Development or anyone acting with Sunseeker Development’s knowledge, nor will any activities by Sunseeker Development under such circumstances target New York State residents. These disclosures have been made to ensure that Sunseeker Development has taken adequate measures to notify residents of the State of New York that it will not offer property that has not been previously qualified for sales in New York in or from the State of New York.
Notice to California State Residents
WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE HAS NOT INSPECTED, EXAMINED, OR QUALIFIED THIS OFFERING.
Sunseeker Resorts™ is a federally registered trademarks owned by Allegiant Travel Company, an affiliate of the Developer. Purchase of a condominium in the community does not provide any right to the use of such trademark.
Executive Order 13224 requires that all United States entities and persons block assets and not transact business with entities, countries and persons (specifically designated nationals) set forth by the Office of Foreign Asset Control (“OFAC”). This requirement applies to all homebuilding entities, including Sunseeker Development. Accordingly, Sunseeker Development will check current OFAC lists and other publications in connection with each potential transaction or condominium sale. In order to check the OFAC list, you will be required to provide Sunseeker Development with a Government-issued identification card (this might include a driver’s license, birth certificate, passport or resident alien card).
Equal Housing Opportunity
Sunseeker Resorts and Sunseeker Development are committed to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. Sunseeker Resorts and Sunseeker Development encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.
Americans with Disabilities Act
Sunseeker Resorts and Sunseeker Development support and use their best efforts to secure full compliance with the Americans with Disabilities Act (“ADA”). Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities and will not tolerate any such discrimination. Sunseeker Resorts and Sunseeker Development pledge to utilize reasonable efforts to ensure compliance with the ADA in its places of public accommodation and commercial facilities.
Arbitration of Disputes
Links to Third Party Web Sites
The Site may be linked to other Web sites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Sunseeker Resorts or Sunseeker Development. If you use these links, you may leave the Site. Neither Sunseeker Resorts nor Sunseeker Development has reviewed any of these third party sites nor do they control nor are they responsible for any of these sites or their content. Neither Sunseeker Resorts nor Sunseeker Development endorses or makes any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
This Site is the property of Sunseeker Resorts. No reproduction, distribution, or transmission of the copyrighted materials of the Site is permitted without Sunseeker Resorts’ written permission.
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