TERMS OF USE:

BY ACCESSING THE WEB SITE OF SECLUSION BAY, LLC COMPANY, LLC, D/B/A SECLUSION BAY, LLC (“Seclusion Bay”, “WE” OR “US”), PRINTING OR DOWNLOADING MATERIALS FROM THIS SITE, OR OTHERWISE USING THIS SITE OR ANY RELATED WEB PAGES (COLLECTIVELY REFERRED TO AS “SITE”) IN ANY MANNER, YOU AGREE ON BEHALF OF YOURSELF AND ANY COMPANY YOU REPRESENT, IF ANY (“YOU”, “YOUR” OR “USER”), THAT YOU HAVE READ AND AGREE TO THESE TERMS OF USE AND ANY PRIVACY POLICY OF SECLUSION BAY, LLC OR ITS AFFILIATES THAT IS POSTED ON THE SITE.

USE OF SITE
This Site provides general information to its users regarding overnight lodging resort facilities (the “Accommodations”), residential resort developments (the “Developments”) and related services.  In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice.  We encourage you to obtain more information about the Accommodations and the Developments by submitting your contact information through the Site or through linked sites or contacting one of our representatives using the contact information posted on the Site.  The Site is only available to individuals and entities that can form a legally binding agreement under applicable law.  By way of example, but not limitation, the Site is not available for use by persons under twenty-one (21) years of age because you must be at least 21 to reserve lodging from this Site.  Information provided on the Site regarding the sale of property is merely representative and does not constitute an offer or contract of any nature.  All transactions conducted on this Site will be subject to these Terms of Use, the Privacy Policy, and any items contained on the web pages where the transaction is consummated.  SECLUSION BAY, LLC allows certain users to access SECLUSION BAY, LLC’ extranet.  If we grant you access to the extranet, we will issue a unique logins and passwords for each user designated access.  We may require you to agree to additional terms and conditions that apply to your use of the extranet.

PURCHASE OF PROPERTY AND LAND SALES DISCLAIMERS
We make diligent efforts to keep the information on the Site current and accurate.  However, if you are interested in purchasing real estate that is discussed on this Site, then we encourage you to contact us either through email or at the phone number provided to receive more information.  Please refer to sales contract and related offering documents and applicable homeowners' association materials for important information about the subject real property.

This informational posting is not intended to be an offering to residents in any jurisdiction where prior registration is required, and further information will not be provided to such residents.  An offer to purchase real property can only be initiated by a consumer at the sales center for the respective Developments.  VOID WHERE PROHIBITED BY LAW.   You should not act in reliance upon the information contained on this Site, and you hereby waive any claim, demand, cause of action or damages incurred as a result of reliance on such information.

All artist’s renderings, photos, proposed amenities and prices are based upon current development plans and are subject to change without notice.  Use of recreational amenities is subject to membership requirements.  Users should not rely upon the information contained on this website in accordance with making decisions as to purchasing or leasing of real estate, and you hereby waive any claim, demand, cause of action or damages incurred as a result of reliance on such information.

Some Developments may feature builders that are independently owned and operated and are not affiliated with SECLUSION BAY, LLC or any affiliates thereof.  References to or approval of such builders by SECLUSION BAY, LLC shall not be construed as an endorsement, warranty or certification by developer of builder or builder's performance by SECLUSION BAY, LLC or any affiliates thereof.

The following disclaimer applies only to the sale of condominiums located in Florida:
ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING 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.

The following disclaimer applies only to those Developments that have been registered with the Office of Interstate Land Sales Registration of HUD:
OBTAIN THE PROPERTY REPORT REQUIRED BY FEDERAL LAW AND READ IT BEFORE SIGNING ANYTHING.  NO FEDERAL AGENCY HAS JUDGED THE MERITS OR VALUE, IF ANY, OF THIS PROPERTY.

LINKS ON THE SITE
From time to time, the Site may contain links to third-party web sites not controlled by SECLUSION BAY, LLC.  SECLUSION BAY, LLC provides such links as a convenience to you.  Such links should not be considered endorsements of such sites or any content, products or information offered on such sites.  You acknowledge and agree that SECLUSION BAY, LLC is not responsible for any aspect of the information or content contained on any third party sites accessible or linked to the Site.  Unless otherwise agreed to in writing by SECLUSION BAY, LLC, you may only link to pages on the Site after submitting the linking information through the applicable portions of the Site.  SECLUSION BAY, LLC reserves the right to revoke our consent to any links to the Site.  You agree not to “frame” or “mirror” any content or information contained on or accessible from the Site without the prior written approval of SECLUSION BAY, LLC or its licensors, as may be appropriate.

PRIVACY POLICY
SECLUSION BAY, LLC maintains a privacy policy that sets forth the information that SECLUSION BAY, LLC may collect through the Site and how we use and disclose any information we collect.  We may update our privacy policy from time to time.  By using the Site, you agree to the privacy policy posted on the Site at the time of your use.

INDEMNITY
You agree to indemnify and hold harmless SECLUSION BAY, LLC and its directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of these Terms of Use or misuse of the Site by you or any of your employees, contractors or agents.

LIMITATIONS
IN NO EVENT WILL SECLUSION BAY, LLC OR ANY AFFILIATED ENTITY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, EVEN IF SECLUSION BAY, LLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL SECLUSION BAY, LLC OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES INCURRED BY YOU IN EXCESS OF THE GREATER OF THE AMOUNT YOU PAID TO SECLUSION BAY, LLC OR TEN DOLLARS ($10.00).

DISCLAIMERS
INFORMATION AND CONTENT ON THIS SITE AND THE GOODS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SECLUSION BAY, LLC HEREBY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  Some jurisdictions do not allow the exclusions of implied warranties, so the above exclusion may not apply to you.

ALL RIGHTS RESERVED
All materials on this website are the intellectual property (i.e., copyright, trademark, trade dress, service mark or other intellectual property right) of SECLUSION BAY, LLC or its affiliates or by third parties that have granted their permission to display these materials on this website.  The materials and presentation of this website are the exclusive property of SECLUSION BAY, LLC and are protected by U.S. and international copyright laws.  SECLUSION BAY, LLC reserves all intellectual property rights in all of the content appearing on this website.  Users shall not obtain any right, title or interest in or to any of the materials on this website as a result of accessing, printing or downloading such materials.  The copying, modifying, distributing, transmitting, displaying, publishing, reproducing, linking to (including, without limitation, “deep linking” or “framing” of any page on this website) or creating of derivative works from the information contained on this website is strictly prohibited unless expressly authorized in writing by SECLUSION BAY, LLC.

EQUAL HOUSING OPPORTUNITY
SECLUSION BAY, LLC is committed to the letter and spirit of the United States policy for the achievement of equal housing opportunity throughout the country.  SECLUSION BAY, LLC 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.  Each real estate development described on the Site presents an EQUAL HOUSING OPPORTUNITY.

MISCELLANEOUS
SECLUSION BAY, LLC may amend, modify or otherwise change these Terms of Use by posting such modifications on the Site.  In the event any of the provisions of the Terms of Use are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed from the applicable agreement, and the remaining provisions thereof shall remain in full force and effect.  Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions.  No consent to a breach of any express or implied term of the Terms of Use or any other notice, directive, or rule otherwise posted on the Site shall constitute a consent to any prior or subsequent breach.  These Terms of Use will be governed by the laws of the State of Florida, United States of America.