Privacy, Terms & Conditions & Legal Notices

Privacy Policy Important TERMS AND CONDITIONS OF USE, privacy statement,
and LEGAL NOTICES

PLEASE READ THE FOLLOWING MATTERS PERTAINING TO THE USE OF THE EARTHMARK COMPANIES, LLC (“EARTHMARK”) WEBSITE. Users of this website (“Site”) agree that access to and uses of this Site are subject to the below items and if you do not agree to these terms, /please do not use this Site.

PRIVACY DISCLOSURE STATEMENT

This Policy is provided to you by EarthMark and its affiliates in compliance with the Gramm-Leach-Bliley Act.

The EarthMark Privacy Promise

EarthMark respects the privacy of our customers. For over 25 years, we have garnered your trust and confidence by managing our business with integrity and honesty. We keep our customers’ best interests at heart and place a high priority on protecting the Personal Information you provide.

EarthMark believes in communicating clearly with our customers.

This Privacy Promise is provided to assure you that all Personal Information provided to EarthMark or its affiliates in the course of business transactions is disclosed only within EarthMark and to our affiliates, and third parties as allowed or required by law. “Personal Information” is data and information which identifies or relates to you or your family members and which may not be publicly available. We do not sell any customer lists that contain your Personal Information.

The policies and disclosures contained in this Privacy Promise may change over time, but we will communicate with you, as required by law, when any changes are made. This Privacy Promise replaces all previous notices or statements with respect to this subject, and cannot be modified orally by any of our representatives, employees or officers.

Sharing of Personal Information between affiliates.

EarthMark and its affiliates may share Personal Information you provide to EarthMark or any of its affiliates. The following are some of these affiliates: RDG Fla. Group, Inc., Bahia Sun Associates Limited Partnership, Bahia Sun Realty Corp., Bahia Marina Associates, LLC, Manatee Bay Associates, LLC, Ocean Key Associates, Ltd., Ocean Key Realty Corp., and homeowner associations which we control.

EarthMark is a full-service company dedicated to meeting our customers’ needs.

EarthMark, together with its affiliates, is a fully integrated homebuilding and real estate services company experienced in the design, construction and operation of leisure-oriented, amenity-rich master-planned communities. We offer a full complement of products and services to enhance our customers’ lifestyles.

We design, sell, and build single-family and multi-family homes for primary, retirement and second home buyers. Residents of our communities enjoy lifestyle amenities such as yachting and marina facilities, private clubs, tennis and recreational facilities.

Our integrity and commitment to excellence will be directed without compromise toward ensuring value and satisfaction for all our customers. From the moment you first visit us, our goal is to make the homebuying process pleasant and easy.

EarthMark and its affiliates collect Personal Information for permissible business purposes to assist in meeting our customers’ needs.

We collect Personal Information about you for many reasons and at a variety of different times. We collect this Personal Information so we can provide you with the services you want, make it possible for you to build, buy and insure your dream home, help you become a member of yachting clubs and country clubs, and help you settle into and enjoy your new residence and your community. EarthMark also collects Personal Information for market research and product development so we can understand your needs as a home buyer.

Personal Information we collect comes to us in the following different ways:

Personal Information you provide to us on registration cards and in your inquiries when you visit or call our sales centers
Personal Information you provide to us on applications and in your correspondence with us,

or which we obtain from individuals or entities whose names you have provided us as references;

Personal Information you provide manually and that our computer servers collect when you visit our web sites;
Personal Information we collect during our relationship with you, as you purchase and finance your home, including Personal Information from your attorney; and
Personal Information that is publicly available, such as deeds or mortgages.

We may confirm Personal Information you provide us on applications and forms, or as a resident of one of our communities, with third parties, such as your bank, employer, present mortgage company or landlord, utility providers, government entities, credit agencies, and other businesses where you have an account or a credit card.

The type of Personal Information we collect depends on the community you're looking at or live in, or the services you've requested. For example, when you visit one of our communities or clubs, we collect your name (and spouse's name, if applicable), your address and contact numbers, the price range of the home you are looking for, and some data about how you heard of us and what you're looking for in a home and community. When you apply to one of our clubs, we collect Personal Information such as your name, spouse's name and children's names (if applicable), birth dates, addresses, current telephone number, social security number, your current and previous club affiliation information and educational background.

If you visit our web site, our computer servers automatically log your IP address, the pages you click on and how long you spend there, and the web page you came from and go to next; we also save the data you type in if you want us to send you brochures or applications. When you apply for a mortgage, we collect a wide range of Personal Information needed to process your loan. If we act as your real estate broker, we will gather Personal Information about you, your house, or the type of residence you're looking for. If you need title insurance, we collect Personal Information relating to insuring title. If you send a letter, email or fax to us, we save that Personal Information in our files, so we can respond to your question or comment.

We keep your Personal Information confidential.

We only disclose your Personal Information within EarthMark and to our affiliates, and third parties as allowed or required by law. If we think it is in your best interest for us to provide your Personal Information to any other third party, we will inform you beforehand, and give you a chance to tell us not to make the disclosure.

Other Circumstances.

We may disclose your Personal Information to credit bureaus and similar organizations, and to other third parties as permitted by law. For example, we may disclose your Personal Information in connection with a subpoena or other legal process, in an audit, or when we record your mortgage or deed in public records.

EarthMark has confidentiality and security measures in place.

The security and confidentiality of your Personal Information is very important to us. We have physical and electronic safeguards, and company-wide policies and procedures, designed specifically to guard your Personal Information against accidental disclosure. Our employees and agents cannot use your Personal Information for purposes other than those which we at EarthMark authorize. Access to your Personal Information is restricted, and employees who fail to follow our policies and procedures are subject to disciplinary action.

We give customers control over their Personal Information.

We provide you with access to your Personal Information in various ways, including statements and community mailings, and want you to make sure that the Personal Information we have about you is accurate and current. If you note that the Personal Information we have is incomplete, incorrect or not current, please call either your community manager(s) or the telephone number given on documentation that you have received from us. We will update or correct the error promptly.

If you terminate your residence in our communities or otherwise end your customer relationship with us, this Policy will apply to Personal Information we collected while this Policy was in effect, unless we sent you a revised Policy during your time as our customer.

The examples listed in this Policy are illustrations, and are not all-inclusive. This Policy does not apply to Personal Information relating to partnerships, trusts or corporations.

TERMS AND CONDITIONS OF USE

No Reliance on Oral Representations
This is not intended to be and does not constitute an offer in any state or jurisdiction where prohibited by law. All prices are subject to change without notice. The drawings are artist renderings, conceptual only, and the developer expressly reserves the right to make modifications. All features, dimensions and specifications are subject to change without notice. All maps are artist renderings, for relative location purposes only, and are not to scale. Actual distances may vary. All references to clubs, yacht clubs and membership opportunities and other amenities are subject to fees, dues and availability. Several projects are being developed by affiliates of EarthMark.
Equal Housing Opportunity
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support 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.
Disclaimers
EarthMark attempts to provide complete accurate information on this Site. However, EarthMark does not warrant the accuracy or completeness of the 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 and shall have no liability for damages of any kind arising out of information on this Site.
Everything on this Site and the content contained herein are provided “AS IS” and without warranties of any kind, whether express or implied. To the maximum extent permitted under applicable law, EarthMark disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, habitability, fitness for a particular purposes, and non-infringement. EarthMark does not ensure this Site is free of viruses or other harmful components.
All prices are subject to change without notice. All features, dimensions and specifications are subject to change without notice. All drawings are conceptual renderings and EarthMark expressly reserves the right to make modifications. All maps are not to scale and are for relative location purposes only. All references to clubs, yacht clubs and membership opportunities and other amenities are subject to fees, dues and availability. Some communities described in this Site are being developed by affiliates of EarthMark.
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.
This disclaimer applied to the following properties: The Harbor Point Condominium.

LEGAL NOTICES
Many of EarthMark communities are subject to Developer Agreements for gas, cable television, broadband, digital and other services which provide for credits, and/or allowances, and/or rebates, and in some cases provide for revenue sharing between the service provider and EarthMark or its affiliate, and/or reimbursement of certain costs, to EarthMark or to EarthMark affiliates. In certain EarthMark communities, EarthMark or one of its affiliates, may become the sole supplier of cable and or broadband services.
In certain EarthMark communities or neighborhoods within communities, if you purchase a lot (or resale lot) or home from an approved builder other than EarthMark, or its affiliates, Earthmark or one of its affiliates may be entitled to a marketing fee and/or brokerage commission from the approved builder which may be paid by the approved builder or charged to the purchaser. Prospective purchasers should check with their builder as to payment of this fee/commission.
Certain EarthMark communities are located within a Community Development District. If the applicable community is located within a Community Development District, the following notice is applicable.
THE COMMUNITY DEVELOPMENT DISTRICT (“CDD”) MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH, ON THE PROPERTY WITHIN THE COMMUNITY. THESE TAXES AND ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES OF THE CDD, AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF SUPERVISORS OF THE CDD. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW.
EarthMark communities exist in differing stages of development. EarthMark and/or its agents, contractors, subcontractors, licensees and other designees may be, from time to time, conducting excavation, construction and other activities within or in proximity to a community. By the acceptance of their deed or other conveyance or mortgage, leasehold, license or other interest, and by using any portion of the community, each owner and occupant in such community automatically acknowledges, stipulates and agrees (i) that none of the aforesaid activities shall be deemed nuisances or noxious or offensive activities, hereunder or at law generally, (ii) not to enter upon, or allow their children or other persons under their control or direction to enter upon (regardless of whether such entry is a trespass or otherwise) any property within or in proximity to the community where such activity is being conducted (even if not being actively conducted at the time of entry, such as at night or otherwise during non‑working hours), (iii) EarthMark and its affiliated companies shall not be liable for any and all losses, damages (compensatory, consequential, punitive or otherwise), injuries or deaths arising from or relating to the aforesaid activities, except resulting directly from EarthMark’s gross negligence or willful misconduct, and (iv) any purchase or use of any portion of the community has been and will be made with full knowledge of the foregoing.
Specifications, Prices and Terms
Every effort is made to ensure that the prices and terms contained herein are accurate, however, at any time prices and terms are subject to change. Prices shown refer to the base house and do not include any optional features. Photos and/or drawings of homes may show upgraded landscaping and may not represent the lowest-priced homes in the community. EarthMark reserves the right to make changes to designs and to build more or fewer homes than currently planned. All renderings and floor plans are artists’ conceptual drawings and will vary from the actual plans and homes as built. Square footage numbers are approximate and may vary. EarthMark cannot control future development surrounding its communities. Please consult a EarthMark representative for specific price or other information for each community.
Links To and From This Site
EarthMark has no liability for third party links. EarthMark is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. EarthMark provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. Use of these links and any reliance on the content of the web sites accessed thereby is, therefore, at the user’s own risk.
Statement of Forward-Looking Information
Certain information included herein and in other EarthMark reports and SEC filings is forward-looking within the meaning of the Private Securities Litigation Reform Act of 1995, including, but not limited to, statements concerning anticipated operating results, financial resources, increases in revenues, increased profitability, interest expense, growth and expansion and ability to acquire land. Such forward-looking information involves important risks and uncertainties that could significantly affect actual results and cause them to differ materially from expectations expressed herein and in other EarthMark reports and SEC filings. These risks and uncertainties include local, regional and national economic conditions, the effect of governmental regulation, the competitive environment in which EarthMark operates, fluctuations in interest rates, changes in home prices, the availability and cost of land for future growth, the availability and cost of labor and materials, and weather conditions.
Miscellaneous
By using this Site and any information on this Site, the user submits to the exclusive jurisdiction of the state or federal courts located in the State of Florida to resolve disputes of any kind arising out of user’s reliance on the information of this Site, or any interaction with EarthMark involving the Site.
EarthMark may from time to time revise and update this Site. We advise you to visit this page regularly for updated important Terms and Conditions of Use.