TERMS and conditions AND LEGAL DISCLAIMER
Oral representations cannot be relied upon as correctly stating representations of the developer. For correct representations, make reference to the documents required by Section 718.503, Florida Statutes, to be furnished by a developer to a buyer or lessee.
WE ARE PLEDGED TO THE LETTER AND SPIRIT OF THE U.S. POLICY FOR ACHIEVEMENT OF EQUAL HOUSING OPPORTUNITY THROUGHOUT THE NATION. WE 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.
This is not intended to be an offer to sell, or solicitation to buy, condominium units to residents of CT, ID, MA, NJ, NY and OR, unless registered or exemptions are available, or in any other jurisdiction where prohibited by law, and your eligibility for purchase will depend upon your state of residency. This offering is made only by the prospectus for the condominium and no statement should be relied upon if not made in the prospectus. Void where prohibited by law.
These Terms and Conditions of Use (these “Terms”) apply to www.realestateportofino.com (this “Website”), together with all documents, links, data, information, advertisements, policies, content, functions and other materials and services shown, referenced, or presented herein (“Content”). The Content on the Website may include certain material not owned by Island Resorts Development Final Phase, Inc., a Florida corporation (“Developer”) which may be subject to separate and different terms and conditions. The Website is provided by Developer for informational purposes only as a service to its customers only for their personal use. Commercial use of the Website is strictly prohibited. Your accessing and use of the Website constitutes your consent and acceptance of the Terms and agreement to by bound by the Terms without limitation or qualification thereto. Further, by accessing the Website or any of its Content, you signify that you are of sufficient legal age. The Terms may be revised at any time by updating this posting. You may view the most current version of the Terms at any time by visiting the Website. Please note that any websites launched by any of Developer’s affiliates, subsidiaries, or divisions may be governed by differing terms and conditions. If you do not agree with these Terms, please cease using the Website immediately.
Developer shall not be held responsible for any inaccuracies, typographical errors, omissions, product information or advertising shown, offered, or otherwise conveyed to you by or through the Website. Developer reserves the right, at its sole discretion, to change, modify, add or remove any or all of these Terms or the Content at any time. By continuing to use the Website, you indicate your acceptance of such rules, changes or modifications.
By accepting these Terms, you agree that you will not use the Website to: (a) interfere with or disrupt the business activity of Developer or any of its affiliates, subsidiaries, or divisions or, (b) intentionally or unintentionally violate any applicable local, state, national or international law, regulation, or ordinance; or (c) hold yourself or another out as an agent, employee, or other representative of Developer. You may be subject to legal action for utilizing the Website in any prohibited manner.
The Terms constitute the entire agreement between you and Developer and govern your use of the Website. The failure of Developer to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by a court of competent jurisdiction, the users of the Website (by use) nevertheless agree that the other provisions of the Terms shall remain in full force and effect. Notwithstanding any statute, law, or other legal precedent, any claim or cause of action arising out of or resulting from your use of the Website shall be brought within one (1) year of such claim or cause of action arising or be forever time barred. Any claim or cause of action shall be filed in a court of competent jurisdiction located in Escambia County, Florida.
This condominium development project (the “Condominium”) is being developed by Developer.
Any and all amenities and services described in or on the Website are proposed only and are subject to change during the development of the Condominium. Any alterations to the development of the Condominium may result in changes to the improvements and views from any and all condominium units. Views shown on the Website may not be available may be limited or eliminated as a result of future and actual development.
The photographs contained on the Website may be stock photography or have been taken off-site and are used to depict the spirit of the lifestyles to be achieved rather than any that may exist or that may be proposed and are merely intended as illustrations of the activities and concepts depicted therein.
Sketches, renderings, graphic materials, or photographs depicting lifestyle, amenities, skyline, food services, resort services, unit finishes, designs, materials, furnishings, plans, specifications, or art and any terms, conditions or statements contained on the Website are proposed only, and the Developer reserves the right to modify, revise, or withdraw any or all of the same in its sole discretion and without prior notice. Dimensions and square footage are approximate and may vary depending on how measured and based upon actual construction. The locations and layouts of windows, doors, closets, plumbing fixtures, and structural and architectural design elements may vary from concept to actual construction. Any and all depictions of appliances, plumbing fixtures, counters, countertops, cabinets, soffits, floor coverings and other matters of design and décor detail are conceptual and are not necessarily included in each unit and such drawings, images, and depictions shown should not be relied upon as representations, express or implied, of the final detail of the Condominium. Prices and features are subject to change in the sole discretion of the Developer without notice. Any listed prices contained in advertising and other promotional materials are estimates only. All references to square footage (or square meters) are approximate and the actual configuration may vary. Differing measurement techniques may yield different total area of a condominium unit. You should not rely upon any listed figures describing the gross area of a condominium unit. All condominium units are being sold based upon their type and location without regard to the total size. Developer must acquire any and all required permits and approvals from appropriate federal, state and local governmental and quasi-governmental entities which may require the Developer to alter any design, floor plan, or layout depicted. Development of the Condominium is in the sole discretion of Developer and may not be built.
The Prospectus is not a securities offering. No statements or representations have been made by Developer, or any of its agents, employees, or representatives with respect to any potential for future profit, future appreciation in value, investment opportunity potential, rental income potential, or other benefits to be derived from ownership of the unit should be relied upon in your decision to purchase a unit. The Developer, its agents, employees, and representatives are not tax advisors and you should not rely upon any statement(s) that might have been made with respect to tax benefits of ownership in your decision to purchase a unit. Developer may not control certain attractions, shopping venues, restaurants, or activities that may be referenced or identified in this publication. Any information regarding such attractions, developments, and venues, was obtained from public sources of information and there is no guarantee that any, or all such attractions, shopping venues, restaurants, and activities will exist or exist as depicted, or that there will not be changes or substitutions of the attractions and venues nearby.
All owners of a condominium unit shall be a mandatory member of the governing condominium association(s) pursuant to the applicable Condominium Declaration, which shall include, among other obligations and restrictions, the requirement to pay certain dues and assessments for the management, upkeep, and maintenance of and other services provided by the Condominium. Condominium unit owners may incur additional fees for use of facilities and various services made available to condominium unit owners and their guests, which are typically set by set by the providers of said services and are subject to change from time to time.
No real estate broker or sales agent (whether engaged by Developer or not) is authorized to make any representations or other statements (verbal or written) regarding the Condominium, and no agreements with, deposits paid to, or other arrangements made with, any real estate broker or agents are binding on the Developer.
Unless otherwise noted, all Content contained on the Website is protected by copyrights, trademarks, and/or other intellectual properties laws. No Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Developer’s express written approval. No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Developer and/or other parties is granted to or conferred upon you. Any commercial or non-commercial use of any Content from the Website is prohibited. All rights reserved.
The Website is provided on an “as is” basis. Developer expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, course of dealing or usage of trade and non-infringement. The information posted at the Website, and in emails generated from the Website, is believed to be correct as of the date posted and Developer assumes no obligation to update or supplement information to reflect any facts or circumstances which may come to its attention or note any changes in laws which may hereafter occur. Developer makes no warranty that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Website will be accurate, (iv) the quality of the information or materials obtained by you through the Website will meet your expectations, or (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained from using the Website is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data, if any, that may result from the download or receipt of any such material. Developer makes neither guarantees that any posted condominium is available nor guarantees that any particular property you may desire is or will be available at the time you make an inquiry. No advice or information obtained by you from Developer, whether oral or written, or from the Website shall expressly create or imply the creation of any warranty not expressly stated in these Terms.
Developer shall not be liable for any direct, indirect, special, reliance, consequential or exemplary damages, including, but not limited to, loss of profits or data, loss of or damage to property, claims of third parties or any other damages whatsoever, whether any such claim is founded in contract or negligence, in connection with the use of, or the inability to use, the Website.