Sunseeker Resorts™

TERMS OF USE

Welcome and thank you for visiting the Sunseeker Resorts Website (the “Site”). This website (“Site”) is a project of Sunseeker Development, LLC (“Sunseeker” or “Developer”). Sunseeker is the developer of Sunseeker Resorts™ (the “Resort”), a mixed-use condominium community located in Port Charlotte, Florida.  As currently envisioned, Sunseeker Resorts™ will include a resort hotel, nine condo towers, restaurants, bars, shops, marina and much more.  The Resort is in the formative stages only and all information is subject to change as plans evolve in the sole discretion of Sunseeker.  Sunseeker makes this Site, including all information, documents, catalogs, communications, files, text, graphics, and audio/visual files (collectively, the “Materials”) available for your use subject to these Terms of Use (“Terms”).  By accessing, using or downloading in any way, without limitation, any materials from this Site or merely browsing this Site you agree to and are bound by these Terms.  These Terms do not alter or amend in any manner the terms and conditions of any agreement you may have with Sunseeker, or any of its affiliates pursuant to a written contract. This Site is intended as an accommodation and is directed only to persons who are aged 18 years or older. Persons under the age of 18 should not use or submit any information to Sunseeker.  We will use our best efforts to provide for adherence to these Terms.

Privacy

Your use of the Site is also governed by the Privacy Policy, which is incorporated by reference into these Terms of Use.

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 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 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 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, 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, 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, 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 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 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 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 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.

Fraudulent Activity

Sunseeker 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 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.

Opt-Out Provisions

In the event you sign up for any delivery of information from Sunseeker 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 by sending a written request to contact@sunseekerresorts.com or to:

Sunseeker Resorts International
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. All prices are subject to change without notice. For correct representations, please refer to your Purchase and Sales Agreement used for the purpose of acquiring a condominium in the Resort.  While information on the Site is considered reliable, Sunseeker does not guarantee 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, and Sunseeker specifically disclaims 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 reserves 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 are not intended to be final plans as the Resort is still in its formative stages and all plans are subject to change in Sunseeker’s sole and absolute discretion.  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 plans evolve and are implemented.

Reservation Program

Prior to offering condominiums for sale, Sunseeker contemplates a reservation program to allow interested parties to express their desire to purchase a condominium at Sunseeker 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 is selling condominiums for personal use and enjoyment. Sunseeker 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.  Sunseeker 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. 

Notice to New York State Residents

Sunseeker 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 or anyone acting with Sunseeker’s knowledge, nor will any activities by Sunseeker under such circumstances target New York State residents. These disclosures have been made to ensure that Sunseeker 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.

Reserved.

Social Media

Sunseeker may from time to time operate pages on social media sites such as Facebook, Google+, Instagram, Twitter, YouTube and Pinterest. By accessing, viewing, and or interacting with Sunseeker’s or its affiliates’ social media pages, you unconditionally accept and agree to abide by those Terms and the Terms of Service, Terms of Use, Privacy Policy, Community Guidelines and Privacy Guidelines (collectively “Social Media Terms of Use”) for Facebook, Google+, Instagram, Twitter, YouTube and Pinterest, respectively. Sunseeker hereby expressly incorporates the Social Media Terms of Use into these Terms.

Sunseeker Trademarks

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. 

OFAC

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. Accordingly, Sunseeker 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 with a Government-issued identification card (this might include a driver’s license, birth certificate, passport or resident alien card).

Equal Housing Opportunity

Sunseeker is committed to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. Sunseeker encourages and supports 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 supports and uses its 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 pledges to utilize reasonable efforts to ensure compliance with the ADA in its places of public accommodation and commercial facilities. 

Arbitration of Disputes

Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in Florida, except that, to the extent you have in any manner violated or threatened to violate Sunseeker’s intellectual property rights, Sunseeker may seek injunctive, equitable, or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in the state and federal courts of Florida. Arbitration under these Terms shall be conducted under the then prevailing rules of the American Arbitration Association (www.adr.org). The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms, the Terms of Use or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms, the Terms of Use or Privacy Policy, whether through class arbitration proceedings or otherwise.

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. If you use these links, you may leave the Site. Sunseeker has not reviewed any of these third party sites and does not control and is not responsible for any of these sites or their content. Sunseeker does not endorse or make 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.

Revisions to these Terms of Use

You agree that Sunseeker can revise these Terms of Use at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms of Use.

Copyright Notice

This Site is the property of Sunseeker. No reproduction, distribution, or transmission of the copyrighted materials of the Site is permitted without Sunseeker’s written permission.

COPYRIGHT © Sunseeker Development, LLC. 2017 All rights reserved.