TERMS OF USE AND PRIVACY POLICY

Terms and Conditions of Use 

Your use of this website constitutes your agreement to be bound by these terms and conditions of use. This website (the Website”) is a service made available by London Bay Homes (“Company”) and all content, information, definitions and software provided on and through the Website (“Information”) may be used solely by you under the following terms and conditions (“Terms of Use”). By visiting and using this Website, you agree to be bound by and abide by these Terms and Conditions of Use. If you do not wish to be bound by these Terms and Conditions of Use, you may not use the Website and must immediately cease use of the Website. The Website provides information about Company. The Website also provides information regarding affiliates of Company (”Affiliates”) and parties unrelated to Company (”Third Parties”). We make this Website available to the public subject to the following terms, policies and guidelines.

License – As an authorized user of this Website, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Information in accordance with these Terms of Use. Company may terminate this license at any time for any reason.

Limitations on Use – The Website is made available for information purposes only. You may display, reformat and print information from the Website only for your own personal, non-commercial use. You may not sell, re-publish, distribute or display any Content (as defined under Copyrights and Trademarks below) or other material from the Website for any other purpose. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, copy or create derivative works from the Website or the Information. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or the Information without Company’s prior written consent. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit or public purposes all or any portion of the Website, except to the extent authorized by the Company.  You may not use or otherwise export or re-export the Web Site or any portion thereof, the Information or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, move, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of Company, Affiliates or Third Parties. We may take steps to prohibit access and/or use without prior notice to any such user.

Security – You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Third-Party Content and Links; Recommendations and Opinions – The Website may include information provided by Third Parties, including opinions and advice of experts in different fields including the real estate field. Company, Affiliates, and their respective employees or agents are not responsible for the opinions, statements, services, offers or other information provided by Third Parties nor should such opinions, statements, services, offers or other information provided by Third Parties be deemed to be the opinions of Company. It is up to you, the user of this Website, to determine whether information or advice made available on the Website satisfies your needs. Neither Company, Affiliates nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the advice or services that may be provided to you from Company contributors or any other participant on the Website. Company contributors or other participants do not have any authority to bind Company or make statements on behalf of Company. The Website may include hyperlinks that will take you out of the Website to the website of Third Parties. All links to websites of Third Parties are provided for your convenience only. Neither Company nor Affiliates control the content or operation of any linked websites of Third Parties, and we disclaim any responsibility for any product, service or information provided on any linked website.

Disclaimers The Content on this Website is provided for informational purposes only and is not intended to be a substitute for professional or legal advice. Neither Company, its Affiliates nor any of their employees or agents assume any liability for the Content of any materials or opinions of contributors provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither Company, its Affiliates nor any of their employees assume liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction contained on this Website.

Copyright and Trademarks – All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of Company, Affiliates, or Third Parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws. All Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website including, but not limited to, London Bay Homes™ and Private Label Living™ are registered or unregistered trademarks of Company, Affiliates or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks.

Linking and Framing – Without the prior written permission of Company, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of Company or any of their licensors into another website or other service.

Limitation of Liability; Disclaimers and Waivers – Your use of this Website is at your own risk. The Website and all the Content, materials, information, software, facilities, services and other content on the Website are provided “AS IS” and without warranties of any kind, either express or implied. Neither Company, any Affiliates nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website. Company does not warrant that the functions contained in this Website will be available, uninterrupted or error-free, that defects will be corrected, or that the Website or the services that make the Website available are free of viruses or other harmful components. Company does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other Content on the Website or any sites linked to the Website in terms of their correctness, accuracy, reliability, or otherwise. Company makes no warranties that your use of the materials on the Website, information, software, facilities, service or Content will not infringe the rights of others and Company assumes no liability or responsibility for errors or omissions in the materials on the Website, information, software, facilities, service or Content. The Website and products or services contained thereon are not substitutes for the advice of a licensed professional. Do not delay in seeking advice of the appropriate professional because of the information offered or provided through this Website.

UNDER NO CIRCUMSTANCES WILL COMPANY, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Website or any Content on the Website or any provision of the Terms and Conditions of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website.

You agree that by using any products or services, you do so entirely at your own risk. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You expressly agree to release and discharge all Company Parties from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any Company Parties for personal injury or property damage.

Unlawful Activity – Company reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action deemed appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail address, usage history, posted materials, IP addresses and traffic information. By using the Website and by accepting these Terms of Use, you waive and hold harmless Company from any claims resulting from any action taken by Company during or as a result of its investigations or from any actions taken as a consequence of investigations by either Company or law enforcement authorities.

Remedies for Violations – Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use including, but not limited to, the right to block access from a particular Internet address to the Company’s Web sites and their features.

Release and Waiver; Indemnification – You acknowledge that Company and its affiliates will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder.

Modification; Waiver of Terms – The Website and the products, services and programs described in the Website may be changed, eliminated or updated without prior notice. We also may make changes to these Terms and Conditions of Use and any Website-related policies, rules or guidelines at any time. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms and Conditions of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms. No waiver of any breach of the Terms and Conditions of Use or the Privacy Policy shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of either the Terms and Conditions of Use or the Privacy Policy, and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of Company.

MiscellaneousThis Website is created and maintained in the State of Florida, USA. As such, the laws of the State of Florida govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Florida, acknowledge that venue is only proper in the courts in Collier County, Florida and waive any objection you may have in the future with respect to any of the foregoing. Use of the Website is not authorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions of Use or the Privacy Policy, including, but not limited to, disclaimers and limitations of liability. In the event any provision of these Terms and Conditions of Use or the Privacy Policy is determined to be invalid or unenforceable in any jurisdiction, the remaining terms shall continue in full force and effect in that jurisdiction, and a determination of invalidity or unenforceability in one jurisdiction shall not affect the Terms and Conditions of Use or the Privacy Policy in any other jurisdiction. If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Use remain in full force and effect. Entire Agreement – These Terms and Conditions of Use and Privacy Policy constitute the entire agreement between us and you with respect to the Website. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.

Privacy – Please review our Privacy Policy for information about our use of information collected through the Website.

Contacting Us. You may contact us at the following address: info@londonbay.com.

Privacy Policy

Collection and Use of Information – The Company, the owner of the website located at www.londonbay.com (the “Website”) respects the privacy of every individual and is committed to protecting your privacy. This Privacy Policy provides information on the manner in which your personal information obtained through your use of the Website is processed and used on this Website. Company uses your personal information only in ways that are compatible with this Privacy Policy. This Privacy Policy does not cover information collected on sites linked to from the Website. Company may automatically receive and collect certain types of information from you, including personal data, whenever you visit our site. Company reserves the right to use information gathered by it for any and all purposes. For example: we may use “cookies” and web beacons to obtain certain types of information when your web browser accesses our site; we may use this information to monitor the usage and performance of our site, to enhance our customers’ search and shopping experiences and to determine aggregate information about our user base and usage patterns; and/or we may also use your IP address to help diagnose problems with our server, to administer our Web site, and to communicate with you after you have sent us e-mails. If you send us e-mails, from time to time we may use information about your preferences and interests to send updates to you about or company of family of companies that may be of interest to you. Company may share email addresses and all other information with our affiliates and with other companies. Some third party websites may occasionally serve you cookies as well. We do not have control over cookies placed by others. If you do not want any cookies, your web browser likely includes an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of the

Website may not function properly. If you do not wish to receive future commercial communications from us by email, simply follow the unsubscribe instructions contained within the email. The Website does not respond to Do Not Track signals.

Security – Your information is stored in a secured database and is used for the purposes described above. The information you provide also may be utilized for market research purposes, for project planning or for development of prospect lists for marketing. Please note that all email that originates from us will either display the www.londonbay.com domain name or an affiliated domain name. If you receive an unsolicited email that you believe is connected with us in any way, please forward the email (as an enclosure) to info@londonbay.com.  However, we allow access to our database by third parties that provide us with services, such as technical maintenance, but only for the purpose of and to the extent necessary to provide those services. If you provide information about yourself in areas of the Website that are managed or participated in by third parties, then the information may be used by us and by such third party(ies), each pursuant to its own policies. Company will use reasonable precautions to keep the information disclosed to us secure and not to disclose such information to any third parties. However, we are not responsible for any breach of security or for any actions or policies of any third parties. We may disclose all information and provide access to our database on any occasion when we are legally required to do so.  While your individual information is protected from third parties as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.

Unsolicited Email (SPAM)-   Notwithstanding the above, unscrupulous marketers can sometimes “harvest” your email address directly from your computer or another person’s address book or even obtain your email address through programs that automatically search web pages and email traffic for email addresses. Company also may disclose or exchange with others information you have provided to us if we believe that the law requires us to do so or if it is necessary to protect the rights or property of Company, our affiliate companies, our staff, or our users.

Linked Web Sites – Our Website may include links to other websites operated and maintained by separate companies. We have no responsibility for linked websites and provide these links solely for the convenience and information of our visitors. Those websites may have different privacy policies. If you click through to another website, you should check the privacy policy of that website, which will usually (but not always) be posted on the website. Company is not responsible for the privacy policies of other sites.

Children – This Website is directed to adults and is not directed to children under the age of 18. Company complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. Minors between the ages of 13 and 17 must obtain the permission of their parent(s) or legal guardian(s) before using this Website. If your children disclose information about themselves in publicly accessible areas of the Website, they may receive unsolicited messages from other parties. Accordingly, you should tell them not to do so. This Privacy Policy will be posted on the Website.

Changes to Information – We need your help in making sure your personal information is correct in our systems. Please notify us of changes to your name, address, title, phone number or email address. You may correct your personal information or select the option not to receive future Company contacts (for example, mailings, calls, etc.) by emailing us at the address below. In the event you elect not to receive any future contacts by Company, we will endeavor to remove your name from all of our contact lists; however, we can only promise to endeavor to remove you from any lists we control. We shall have no liability under this Privacy Policy for our failure to accomplish this objective.

Your Consent -By using our Website, you consent to the collection, use and disclosure of information in accordance with the terms of this Privacy Policy. We reserve the right to modify or amend this Privacy Policy at any time. If we change our Privacy Policy, we will post any changes on this page.

If you have other concerns or questions about any aspect of this Privacy Policy, you may also email our Privacy Policy Coordinator at Info@londonbay.com.

866-920-1754