Terms of Use – Sunseeker Resort

Terms of Use

Welcome and thank you for visiting the Sunseeker Resorts Website (the “Site”). This website (“Site”) is a project of Sunseeker Resorts, Inc. (“Sunseeker Resorts”) which is developing Sunseeker Resort Charlotte Harbor (the “Resort”) as a resort located in Charlotte Harbor, Florida. As currently envisioned, the Resort will include a resort hotel, separate towers with 1-, 2- and 3-bedroom suites, restaurants, bars, shops, marina and much more. The Resort is in the development stage and all information is subject to change as plans evolve in the sole discretion of Sunseeker Resorts. Sunseeker Resorts 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 Resorts 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 Resorts or Sunseeker Development. 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 RESORTS 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 HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. YOU EXPRESSLY 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 Resorts 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 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 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.

Opt-Out Provisions

In the event you sign up for any delivery of information from Sunseeker Resorts 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 contact@sunseekerresorts.com 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. All rates and pricing information are subject to change without notice. While information on the Site is considered reliable, Sunseeker Resorts 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 Resorts, which 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 Resorts 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 the design stage and all plans are subject to change in the sole and absolute discretion of Sunseeker Resorts. Finishing items displayed in this Site are shown for illustrative purposes only and may not actually be included in the Resort. 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 locations within the Resort. All rental rates and price ranges, plans, specifications, features, amenities and other descriptions are preliminary and subject to change as the project develops.. 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 may evolve and are implemented.

Sunseeker Trademarks 

Sunseeker Resorts™ is a federally registered trademarks owned by Allegiant Travel Company

Americans with Disabilities Act

Sunseeker Resorts 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 Resorts 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 Resorts’ intellectual property rights, Sunseeker Resorts 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 Resorts. If you use these links, you may leave the Site. Sunseeker Resorts has not reviewed any of these third party sites nor does it control nor is it responsible for any of these sites or their content. Sunseeker Resorts 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 Resorts 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 Resorts. No reproduction, distribution, or transmission of the copyrighted materials of the Site is permitted without Sunseeker Resorts’ written permission.

PRIVACY POLICY 

E-Mail Addresses

E-mail addresses provided by you to Sunseeker Resorts shall not be shared with any third parties that are not contractually obligated to a relationship with Sunseeker Resorts. Your email address may be shared with our affiliates and subsidiaries within Allegiant Travel Company, such as Allegiant Air, LLC, Teesnap, LLC and our Allegiant Nonstop entities. 

Use of Cookies & How We Use Your Information

A cookie is a small data file that websites often store on your computer's hard drive when you visit. Sunseeker Resorts uses cookies, but we do not store personally identifiable information in your cookie. 

We use cookies to monitor and maintain information about your use of our website in a manner that does not identify you. This information helps us to serve you better by improving our site design, as well as our products, services, contests, and promotions. 

Policy Changes

Sunseeker Resorts reserves the right to modify its Privacy Policy at any time. In the event that we make a material change to our policy we will post a notice of the change on this page.