General. This website (the “Site”) is provided by Seabrook Plaza, LLC, a limited liability company, and for its successors and assigns (collectively, the “Developer”). Please carefully read these terms of use (the “Terms of Use”) before accessing, viewing or using the Site. By accessing, viewing or using the Site, you agree to be bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Site.
Entire Agreement. The Terms of Use do not alter the terms and conditions of any agreement you may have with the Developer or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and the Developer, the Terms of Use are the entire agreement between you and the Developer and supersede all prior or contemporaneous negotiations, discussions or agreements between you and the Developer about this Site.
Authorized Use. Use of the Site is for informational purposes only. Developer is not responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, links, graphics or any other materials (collectively, the “Content”) transmitted or made available via this Site. Developer is not responsible or liable for any decisions made in reliance on such information. Any use or attempted use of the Site for any unlawful, unauthorized, fraudulent or malicious purpose, or that could damage, disable, or impair any server, or network(s) connected to any server, or that could interfere with any other party’s use and enjoyment of the Site, or to gain unauthorized access to any other accounts, systems or networks connected to any server or systems through hacking, or other malicious means, or to access systems, data or information not intended by Developer to be made accessible to a user, or to obtain or attempt to obtain any materials or information through any means not intentionally made available by Developer, or for any use other than the purpose for which it was intended, is prohibited.
No Advice. None of the information provided through the Site constitutes investment, real estate or legal advice, and the views expressed should not be taken as advice to buy or sell any security or real property interests. Decisions based on information contained or provided through the Site are your sole responsibility and to be taken at your own risk.
Renderings and Plans. The Developer reserves the right to make modifications and changes to the information contained in this Website. Renderings, photos and sketches are representational and may not be totally accurate. Dimensions, sizes, specifications, layouts, views and materials are approximate and subject to change without notice. The Developer is not responsible for any actions or decisions made in reliance of the information contained within the site or its corresponding materials.
No Assurance of Development. Developer expressly reserves the right in its sole discretion to not develop the Project or to suspend development of the Project at any time.
No Solicitation or Offer. Nothing on or in the Site shall be considered a solicitation or offer to buy or sell any real property interest, security, future, option or other financial instrument or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews provided through the Site should be construed to be preliminary in nature. Except for your agreement to abide by these Terms of Use, nothing in this Site or your use of the content contained herein shall be interpreted as giving rise to or forming the basis of a contract, commitment, or obligation.
Information Disclaimer. ALL INFORMATION POSTED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE AND AT THE DEVELOPER’S DISCRETION. THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE REGARDING THE DEVELOPMENT AND/OR CONDOMINIUM UNITS, INCLUDING PHOTOGRAPHS, ILLUSTRATIONS, RENDERINGS, PLANS, PRICES, FACILITIES, IMPROVEMENTS, AMENITIES, DIMENSIONS, SPECIFICATIONS, VIEWS, SCENES, MATERIALS AND AVAILABILITY, ARE PROPOSED, ARE CONCEPTUAL ONLY, AND ARE SUBJECT TO CHANGE, MODIFICATION OR CANCELLATION WITHOUT NOTICE OR OBLIGATION. SCENES, PICTURES, DRAWINGS, ILLUSTRATIONS AND/OR VIEWS SHOWN MAY BE ARTIST RENDERINGS AND MAY BE LOCATIONS OR ACTIVITIES NOT ON, OR RELATED TO, THE PROPERTY OR DEVELOPMENT. ACTUAL VIEWS MAY VARY, AND VIEWS DESCRIBED OR DEPICTED CANNOT BE RELIED UPON AS THE ACTUAL VIEW FROM ANY PROPOSED CONDOMINIUM UNIT.
No Guaranty. There is no guarantee that the facilities, services, features, amenities, improvements, views, scenes or specifications described, shown or depicted within the Site will be constructed or otherwise provided, and if constructed or provided, that they will be of the same type, style, size or nature as described or shown. Ownership of a condominium residence does not guarantee access to, or the right to use all amenities, such as clubs, pools, gym’s, etc., and may be subject to other additional conditions to use. Certain amenities may not be completed or available and completion is neither warranted nor guaranteed.
Copyrights and Content. All content accessible within the Site (including without limitation, all text, graphics, designs, images, audio, and other content, as well as all trademarks and service marks) is proprietary to us or to other parties who have consented to our use of it in accordance with applicable law, including applicable international treaties. You may not copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the Site content. You will not remove or alter any copyright, trademark or any other proprietary notice or legend appearing in any of the Site content. All names, logos and trademarks are the property of Developer, its affiliates, related companies or its licensors or joint venture partners. Developer’s trademarks and names may be used only as stated in these Terms of Use or with prior written permission from Developer.
User Submissions. No questions, comments, suggestions, information, ideas, concepts, photographs, graphics or other materials, whether oral, written or electronic will be considered or treated as confidential information. Accordingly, do not submit or send any submission to us that you consider contains confidential or proprietary information. Any submission, or any other content of any sort transmitted by you, other than personal data which is covered by our Privacy Policy, will be considered non-confidential and non-proprietary and Developer will not be subject to any restrictions or obligations regarding it.
Fair Housing. The Developer is committed to compliance with all federal, state, and local fair housing laws. The Developer will not discriminate against any person because of race, color, religion, national origin, sex, familial status, disability, or any other specific classes protected by applicable laws. The Developer will allow any reasonable accommodation or reasonable modification based upon a disability-related need. The person requesting any reasonable modification may be responsible for the related expenses.
Privacy. Unless otherwise addressed in these Terms of Use, your use of the Site is subject to Developer’s privacy policy. Developer may cooperate with and disclose information to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from illegal action or infringement, whether related or unrelated to your use or misuse of the Site.
Violations. Developer reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the Terms of Use, including, without limitation, the suspension or termination of your access and/or account. Developer may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by Developer’ Privacy Policy, Developer reserves the right at all times to disclose any information as Developer deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Developer’ sole discretion.
Third-Party Web Sites. In some instances, the Site may reference or link to third party web sites. Should you choose to visit those web sites, please remember that Developer is not responsible for their content, their terms of use, or their privacy policies. We encourage you to read and review the terms of use and other legal terms and policies of all web sites you visit. You understand that Developer will not be liable to you in respect of any loss or damage which you may suffer by using those web sites. You agree that you will not involve Developer in any dispute between you and a third party.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DEVELOPER, AND ITS OWNERS, PARTNERS AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY ACTIONS, LIABILITY, LOSS, CLAIM, DAMAGE OR EXPENSE, INCLUDING ATTORNEYS’ FEES AND EXPENSES, RELATED TO YOUR (I) USE OF THE SITE, (II) VIOLATION OF THESE TERMS OF USE, OR (III) RELIANCE ON ANY OF THE MATERIALS OR INFORMATION OR OTHER CONTENT AVAILABLE VIA US OF THE SITE.
Disclaimer Of Warranties. THE DEVELOPER MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, GRAPHICS, TEXT, LINKS, OR OTHER MATERIAL CONTAINED ON THIS SITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING ON THE SITE IS PROVIDED “AS IS”, “WHERE-IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE OR THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED THEREIN SHALL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY INDEMNIFIED PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE SITE OR THE USE OR RELIANCE UPON, ANY OF THE CONTENT OR ANY INFORMATION ACCESSED FROM THE SITE.
Arbitration Of Disputes. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE PROCEEDING SHALL BE CONDUCTED BY A SINGLE ARBITRATOR. A DEMAND FOR ARBITRATION SHALL BE MADE IN WRITING, DELIVERED TO THE OTHER PARTY. THE ARBITRATOR SHALL RENDER A WRITTEN AWARD. THE ARBITRATION SHALL BE CONDUCTED IN HOUSTON, TEXAS. ANY AWARD RENDERED IN THE PROCEEDING SHALL BE FINAL AND BINDING AND JUDGMENT UPON ANY SUCH AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION.
Governing Law. If you use the Site and a dispute results relating to your use, the dispute will be governed by the laws of the State of Texas, without regard to its conflict of law provisions. Venue shall lie in Houston, Harris County, Texas, and you consent and submit to the personal jurisdiction in Houston, Harris County, Texas.
Partial Invalidity. If any term, condition, or provision of these Terms of Use is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
Future Revision. The Developer may modify the Terms of Use from time to time, at its sole discretion, including by updating this posting and to monitor and remove postings and/or discontinue Site availability, at any time and without notice. You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.