Terms Of Use

TERMS OF USE

Terms & Legal

This website is provided by Daniel Island Associates, LLC, and its affiliated entities (“Daniel Island”). This website is provided for and may be used for informational purposes only. By using this website or downloading materials from it, you (you and all other visitors to this website are also hereinafter referred to as “Users”) agree to abide by these Terms and Conditions of Use and Privacy Policy (hereinafter referred to as these “Terms”) set forth below. If you do not agree to abide by these Terms, please do not use this website or download materials from this website.

I. Terms of Use

A. Information on the Website Subject to Change

We endeavor to keep the information on this website current, complete, and accurate. However, if you are interested in purchasing real estate in projects that are identified on this website, then we encourage you to contact us to receive more information, although the laws of your state will dictate our ability to provide you with additional information. The information presented on this website is provided for general reference only and is not a representation of the content of the sales contract or other offering documents and governing documents for the residential product contained on this website.

The information set forth in this website as well as these Terms are subject to change from time to time and at any time. Daniel Island may revise the content of this website or these Terms at any time. Daniel Island may terminate this website or these Terms at any time in its sole discretion. You should visit this page to review the current Terms of Use because they are binding on you. Your use of this website following any change in these Terms constitutes your agreement to be bound by these Terms as revised. If any revisions of these Terms are not acceptable to you, your only recourse is to terminate your use of this website.

B. Linked Sites

For convenience, Daniel Island has provided links to websites operated by third parties. Daniel Island and its affiliated entities shall not be responsible for the content of any sites linked from this website. These links shall not be construed to imply that Daniel Island supports, verifies, proclaims or endorses any of the linked sites or the representations or content presented at such linked sites.

C. All Rights Reserved

All materials on this website are the intellectual property (i.e., copyright, trademark, trade dress, service mark or other intellectual property right) of Daniel Island or its affiliates or by third parties that have granted their permission to display these materials on this website. The materials and presentation of this website are the exclusive property of Daniel Island and are protected by U.S. and international copyright laws. Daniel Island reserves all intellectual property rights in all of the content appearing on this website. Users shall not obtain any right, title or interest in or to any of the materials on this website as a result of accessing, printing or downloading such materials. The copying, modifying, distributing, transmitting, displaying, publishing, reproducing, linking to (including, without limitation, “deep linking” or “framing” of any page on this website) or creating of derivative works from the information contained on this website is strictly prohibited unless expressly authorized in writing by Daniel Island.

D. Applicable Law and Venue

The laws of the State of South Carolina and the United States of America shall govern these Terms. All Users hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of South Carolina in the United States of America for any claims arising from or relating to the use of this website. All Users further hereby waive any objection to the venue of such claims in the courts of the State of South Carolina of the United States of America.

E. Indemnification

User agrees to defend, indemnify and hold Daniel Island harmless from and against any and all liability, claims, damages, costs and expenses, including attorneys’ fees, arising from or related to use of the website.

F. General Provisions

These Terms represent the complete statement of the Terms and Conditions of Use and Privacy Policy, and they supersede any and all prior statements of the Terms and Conditions of Use and Privacy Policy. If any provision in these Terms is held to be invalid or unenforceable for any reason, the enforceability of the remainder of these Terms shall not be affected, and these Terms shall remain in full force and effect. The failure by Daniel Island to insist upon compliance by User with these Terms shall not limit Daniel Island’s rights with respect to subsequent breaches of compliance of these Terms by User.

G. Disclaimer of Warranty

THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED TO THE USER ON AN “AS IS” BASIS AND DANIEL ISLAND DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN ANY JURISDICTION WHERE SUCH WARRANTIES CANNOT BE DISCLAIMED, IN WHOLE OR IN PART, BY APPLICABLE LAW, THE DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. AS A RESULT, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU BASED UPON APPLICABLE LAW.

H. Limitation of Liability

IN NO EVENT SHALL DANIEL ISLAND OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT AND MATERIALS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES.

DANIEL ISLAND SHALL NOT BE LIABLE FOR SUCH DAMAGES EVEN IF DANIEL ISLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY JURISDICTION WHERE LIABILITY CANNOT BE LIMITED, IN WHOLE OR IN PART, BY APPLICABLE LAW, THE DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. AS A RESULT, THE ABOVE LIMITATION MAY NOT APPLY TO YOU BASED UPON APPLICABLE LAW.

II. Disclaimers Related to Real Estate Sales and Club Membership

A. Equal Housing Opportunity

Daniel Island is committed to equal housing opportunity and to advertising and marketing product that does not obstruct the obtaining of housing due to race, color, religion, sex, handicap, familial status or national origin.

B. Offering Disclaimers

OBTAIN THE PROPERTY REPORT REQUIRED BY FEDERAL LAW AND READ IT BEFORE SIGNING ANYTHING. NO FEDERAL AGENCY HAS JUDGED THE MERITS OR VALUE, IF ANY, OF THIS PROPERTY. The material on this website shall not constitute an offer in any jurisdiction where prior registration is required, including New York, except as provided in the paragraph below. Artist’s renderings, prices, photos, concept plans, floor plans, planned amenities, and lot/dwelling features are based upon current development plans that are subject to change without notice. The materials regarding the residential products on this website shall not be deemed as a representation of what is contained within the applicable governing documents for the residential community featured on this website. All area measurements and space dimensions are approximate and are subject to change at any time without notice. Users should not rely upon the information contained on this website for making decisions to purchase or lease real estate. Use of amenities described on this website may be subject to membership and/or other requirements and additional fees.

THE FOLLOWING IS APPLICABLE TO REAL ESTATE OFFERED IN DANIEL ISLAND PARK ONLY: This offering is also made pursuant to New York State Department of Law Cooperative Policy Statement #7 (CPS-7). The CPS-7 Application and related documents are available from the sponsor.

C. Builders

This website presents details regarding builders of residential product at our community. Builders are independently owned and operated and are not affiliated with Daniel Island. References to builders or approval of builders by Daniel Island shall not be deemed or construed as an endorsement, warranty or certification by Daniel Island or its affiliates of the builder or builder’s performance. Facts about builders contained on this page have been provided by the builders and are not representations of Daniel Island or its affiliates. We have not independently verified any of the claims made by the builders that are included on this website, as such information is solely the responsibility of each builder, and not of Daniel Island.

D. No Investment Advice

The information on this website shall not be deemed an offer or a solicitation of the purchase or sale of any securities. No statement contained herein should be construed as investment advice. Prospective purchasers are urged to seek expert investment advice.

E. Club Membership Matters

The Daniel Island Club (the “Club”) is a private club and eligibility to join the Club depends upon the Club’s membership plan and its rules, which are subject to change. You should consult the membership plan, the rules and regulations of the Club for complete terms, conditions, availability, and costs of club membership. The terms of the membership plan, as summarized on this website, are provided for information only and shall not be deemed to be a binding representation by the Club or its affiliated entities of the terms of the membership plan or otherwise. Certain restrictions apply. Certain amenities may not be complete, and completion is neither warranted nor guaranteed.

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