BY ACCESSING THE WEB SITE OF Ocean Pearl ("OCEAN PEARL", "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"
USE OF SITE
This Site provides general information to its users regarding a residential
resort development (the "Development") and related services
near Vero Beach, Florida. 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 any development that you are
interested in by submitting your contact information through the
Site or contacting one of our representatives using the contact information
posted on the 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. OCEAN PEARL allows certain users
to access OCEAN PEARL's 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 Development located in Indian River County, Florida.
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.
ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE
REPRESENTATIONS OF OCEAN PEARL. YOU MUST REFER TO THE FEDERAL PROPERTY
REPORT FILED WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
APPLICABLE TO THE SUBJECT PROPERTY FOR CORRECT REPRESENTATIONS.
LINKS ON THE SITE
From time to time, the Site may contain links to third-party web sites
not controlled by OCEAN PEARL. OCEAN PEARL 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 OCEAN PEARL 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 OCEAN PEARL, you may only
link to pages on the Site after submitting the linking information through
the applicable portions of the Site. OCEAN PEARL 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 OCEAN PEARL or its licensors,
as may be appropriate.
may collect through the Site and how we use and disclose any information
of your use.
You agree to indemnify and hold harmless OCEAN PEARL 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
IN NO EVENT WILL OCEAN PEARL 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 OCEAN PEARL IS
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
OCEAN PEARL OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES INCURRED BY YOU
IN EXCESS OF THE GREATER OF THE AMOUNT YOU PAID TO OCEAN PEARL OR TEN DOLLARS
INFORMATION AND CONTENT ON THIS SITE IS PROVIDED "AS-IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND OCEAN PEARL 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.
B. Securities Disclaimer.
The materials and information contained on this web site do not constitute
an offer or a solicitation of an offer for the purchase or sale of any
securities. This site is not intended to make any investment representations
about any portion of the property, or regarding OCEAN PEARL or any companies
affiliated with OCEAN PEARL, and should not be viewed as such.
EQUAL HOUSING OPPORTUNITY
OCEAN PEARL is committed to the letter and spirit of the United States policy
for the achievement of equal housing opportunity throughout the country.
OCEAN PEARL 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
STATUS OF FACILITIES AND AMENITIES
Prices, plans, dimensions, specifications, materials and availability
within the Development or any other OCEAN PEARL community are subject to change
without notice or obligation. OCEAN PEARL does not guarantee the obligations
of unaffiliated builders who may build and sell homes in the Development
or any other OCEAN PEARL communities. All references to clubs, golf courses and
other amenities are subject to fees, dues and availability. Ownership
of a residence in any OCEAN PEARL community does not grant any membership in,
use of or access to any recreational clubs, all of which may require the
purchase of separate memberships pursuant to each club's rules or other
conditions to use. Eligibility to join a club depends upon its rules,
which are subject to change. Maps, illustrations and drawings are artist's
depictions provided for illustrational purposes only, and may differ from
completed improvements. Certain amenities may not be complete, and completion
thereof is neither warranted nor guaranteed.
such modifications on the Site. In the event any of the provisions of
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
directive, or rule otherwise posted on the Site shall constitute a consent
by the laws of the State of Florida, United States of America.