TERMS AND CONDITIONS
Flagstone reserves the right, in its sole discretion, to amend the Terms and Conditions, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions, deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other means. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. The Site is owned and operated by Flagstone and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by Flagstone and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. Flagstone neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Flagstone. Flagstone's Internet Sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Flagstone and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Flagstone and/or other parties is granted to or conferred upon you.
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL FLAGSTONE, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, FLAGSTONE'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FLAGSTONE OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FLAGSTONE, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized Flagstone representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Site).
This Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of this Site ("access codes"). The content contained in such restricted areas is confidential to Flagstone, and is provided to you for your personal use only. We reserve the right to prohibit the use of such access codes on your behalf by third parties where we determine that such use interferes with the Site's operation or results in commercial benefits for other entities to our detriment.
While Flagstone uses reasonable efforts to include up to date information in the Site, Flagstone makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. The content, materials, and products or services available in or accessible through the Site are AS IS and, to the fullest extent permissible pursuant to applicable law, FLAGSTONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. FLAGSTONE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The advertising material contained on this Site is being used for the purpose of soliciting sales of timeshare interests.
The information provided on this Site does not represent an offer to purchase or sell any fractional units or securities. The offering for sale of any fractional share units or of any securities will be made in the future (if at all) only pursuant to a separate written document prepared by Flagstone and approved by all applicable federal, state and/or local bodies who have jurisdiction. This presentation and any information provided to you on the Site is intended to set forth only a very general, preliminary view of the development and the fractional share interests which may be constructed by Flagstone or its affiliates sometime in the future. Plans have not been finalized in any way and if development is in fact pursued in the future any and all plans, designs, appearances, locations etc. may change substantially from that which is presented here. Any depictions or renderings shown on the Site, and any services or amenities discussed on the Site, are conceptual, subject to change and should not be relied upon for investment or other purposes. Any maps, diagrams, depictions and rendering shown herein are not to scale and the appearance, specification, size, layout and design of a final product, if any, may differ substantially. None of the information provided here has been filed with or approved by any of the applicable federal, state or local bodies who may have jurisdiction, such as the Federal and State Securities and Exchange Commissions, Florida State Condominium Bureau, Florida State Land Sales Department, etc., and should not be relied upon in any way.
With respect to all communications you make to Flagstone regarding Flagstone Information, such communications will be treated as non-confidential and non-proprietary, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and Flagstone shall have no obligation to protect your communications from disclosure; (b) your communications shall be deemed the property of Flagstone and may be used by Flagstone, or its affiliates, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Flagstone is free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, producing, manufacturing, and marketing products and services using such information. Disclosure, submission, or offer of any submissions to the Site shall constitute an assignment to Flagstone of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such submission. Flagstone may edit, copy, publish, distribute, translate, and otherwise use in any medium any submission that you forward to Flagstone and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission; and (c) Flagstone shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. Flagstone is and shall be under no obligation to: (1) maintain any of your or any user's submissions in confidence; (2) to pay to you or any user any compensation for any submissions; or (3) to respond to any of your or any other user's submissions.
Flagstone Information may contain technical inaccuracies and typographical errors, including but not limited to, inaccuracies relating to pricing or availability. Flagstone shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor information affected by such inaccuracies. Flagstone reserves the right to make changes, corrections and/or improvements to Flagstone Information, and to the products and programs described in such information, at any time without notice.
You agree to indemnify, defend and hold Flagstone and its subsidiaries, affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the "Indemnified Parties") harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys' fees) arising out of or incurred by any breach by you of these Terms and Conditions. Flagstone reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Flagstone's defense of such claim.
If you choose to leave this Site via links to other non-Flagstone sites, Flagstone is not responsible for the privacy policies of those sites or the cookies those sites use. In addition, because Flagstone has no control over such sites and resources, you acknowledge and agree that Flagstone is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
This is a United States website and is subject to United States law. Flagstone will disclose any information regarding the use of this Site including personal information pertaining to you without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to Flagstone guests, visitors, employees, or property (including this site), or to others.
These Terms and Conditions are governed by the laws of the United States and the State of Florida without respect to its conflict of law principles. You specifically consent to venue and personal jurisdiction in a court of competent jurisdiction of the City, County and State of Miami, Miami-Dade County, Florida in connection with any dispute between you and Flagstone arising out of these Terms and Conditions or pertaining to the subject matter hereof. You hereby irrevocably consent to the jurisdiction of the Courts of Florida and of the United States District Court for the Southern District of Florida for all purposes in connection to use or access to the Site.
We make no representation that the Site is appropriate or available for use, viewing ot access in any specific country or that the Site is complaint with all laws outside of the United States, so those who have access or use the Site do so at their own risk and are responsible for complying with applicable local and foreign laws.
If any provision of these Terms and Conditions is found to be invalid by a court of competent jurisdiction, the remaining provisions of these Terms and Conditions shall remain valid as if the invalid provision had not been included.
No waiver of any portion of these Terms and Conditions shall be deemed a further or continuing waiver of the same portion or any other portion of these Terms and Conditions.
Any attempt to gain unauthorized access to the Site, or the contents therein, or any computers, systems, hardware or software used by us or other visitors to the Site, through hacking or other similar means, is prohibited.
If you violate any portions of these Terms and Conditions, we reserve the right, without an obligation to do so, to deny you access to the Site, remove any content you may have posted on the Site, and/or seek any remedies available at law or equity. Repeated violations of these Terms and Conditions may result in a permanent suspension of your availability to access and/or post any future content on the Site.
We reserve the right, without notice or reason and at our sole discretion, to terminate your access to the Site. We also reserve the right, without notice or reason and at our sole discretion, to terminate the Site. You agree that we are not liable to you or any third party for any termination under this section.
If you believe that any content on the Site infringes your copyright and you want the content removed, please send a detailed message to [INSERT EMAIL ADDRESS].
Under the Digital Millennium Copyright Act, the following information must be included in the message to us:
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the materials;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Site violates or infringes your intellectual property rights other than copyright claims referenced in the previous section, please send a detailed email to [INSERT EMAIL ADDRESS] detailing your allegation or complaint. We take infringement of a party's intellectual property rights very seriously and will investigate the matter accordingly.