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Legal Disclaimer
Important Legal Notices and
Privacy Statement
PLEASE READ THE FOLLOWING MATTERS PERTAINING TO THE USE OF THE WCI
COMMUNITIES, Inc.® ("WCI®") 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 Notice
This Policy is provided to you by WCI
Communities, Inc. ("WCI") in compliance with the Gramm-Leach-Bliley Act.
The WCI Privacy Promise
WCI Communities respects the privacy of
our customers, and for over 50 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.
WCI believes in communicating
clearly with our customers.
This Privacy Promise is provided to
assure you that all Personal Information provided to WCI in the course
of business transactions is disclosed only within WCI and our
Affiliates, Service Providers, Strategic Partners and third parties as
allowed or required by law. "Personal Information" is data and
information which identifies you or relates to you or your family
members and which is not publicly available.
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 his subject,
and cannot be modified orally by any of our representatives, employees
or officers.
Sharing of Personal Information
with Affiliates.
Affiliate Information as of 05/24/04 (BDR)
WCI and its Affiliates may share Personal Information you provide to WCI
or any of its Affiliates. The following are some of these Affiliates:
Bay Colony-Gateway, Inc., Communities Finance Company, LLC, Communities
Specialized Services, Inc., Financial Resources Group, Inc., First
Fidelity Title, Inc., Florida Lifestyle Management Co., JYC Holdings,
Inc., Norman Estates at Tiburon Limited Partnership, Pelican Isle Yacht
Club Partners, Ltd., Pelican Landing Golf Resort Limited Partnership,
Pelican Landing Timeshare Ventures Limited Partnership, Sarasota Tower,
Inc., Sun City Center Golf Properties, Inc., Tarpon Cove Yacht & Racquet
Club, Inc., Tiburon Golf Ventures Partnership, Walden Woods Business
Center, Ltd., Watermark Realty, Inc. d/b/a/ Prudential Florida WCI
Realty, Watermark Realty Referral, Inc., WCI Realty, Inc., WCI
Architecture & Land Planning, Inc., WCI Communities Property Management,
Inc., and homeowner associations which we control. In connection with
the sale of Property at Encore Monroe, we share information from
inquiries with Kalian Companies who is building the homes within that
community. This is being done pursuant to a contractual requirement and
we are not responsible for the use of any such information by Kalian
Companies. We also share Personal Information with our "Strategic
Partners" - third parties that we have partnered with to share in the
development or management of a community, residential project, golf
course, club or other project. Among our Strategic Partners are Audubon
International, and multinational hotel chains and well-known golfing and
tennis professionals.
WCI Communities is a full-service
company dedicated to meeting our customers' needs.
WCI, 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 mater-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.
We also design, sell, and build luxury residential towers targeting
leisure-oriented home purchasers. Residents of our communities enjoy
lifestyle amenities such as golf courses, country clubs, deep-water
marinas, 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.
WCI and its Affiliates collect
Personal Information for valid business purposes to assist our customers
with their purchases.
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 golf clubs and country clubs, and help you settle
into and enjoy your new residence and your community. WCI 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 our sales
centers;
Personal Information you provide to us on applications and in your
correspondence with us; Personal Information you provide manually and
that our computer servers collect, when you visit our websites. Personal
Information we collect during our relationship with you, as you purchase
and finance your home, including Personal Information from your
attorney; Personal Information from a report prepared by one of our
Service Providers, as defined below, such as your credit history, which
we need to provide you with the excellent service you are entitled to;
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, for example 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 from Financial Resources
Group, we collect a wide range of Personal Information, which we need 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 Information within
WCI and to our Affiliates, Service Providers, and third parties as
allowed or required by law. If we think it is in your best interest for
us to provide your Information to any other third party, we will inform
you beforehand, and give you a chance to tell us not to make the
disclosure.
Non-Affiliates/Service
Providers/Joint Marketing.
Our Service Providers are third parties
that are not affiliated with us and who perform services for or
functions on behalf of WCI. They assist us in servicing accounts,
collecting fees and Personal Information from our customers, processing
transactions, mailing documents to you, and managing records and our
high rises, clubs, associations and residential communities. They are
asked to hold the Personal Information we provide to them in confidence,
and use the Personal Information only to provide the services we've
hired them to perform for you, and for us.
We may provide Personal Information about
you to trusted companies when both of us want to jointly market our
services to you. An example of this would be if a company wanted to
provide high speed internet access in your high-rise or community. If we
do engage in joint marketing in the future, the other company would be
prohibited from using your Information for any purpose other the ones we
have agreed to. We may disclose all of the Personal Information we
collect, as described herein, to companies that perform marketing
services on our behalf or to third parties with whom we have joint
marketing agreements, so we can let you know about new products and
services at our communities and clubs.
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.
WCI 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 WCI authorize.
Access to your Personal Information is restricted, and employees who
fail to follow our policies and procedures are subject to disciplinary
action.
WCI gives customers control over
their Personal Information.
We provide you with access to your
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.
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, golf clubs and
membership opportunities and other amenities are subject to fees, dues
and availability. Several projects are being developed by affiliates of
WCI.
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
WCI attempts to provide complete accurate
information on this Site. However, WCI 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, WCI disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability, habitability, fitness for a particular
purposes, and non-infringement. WCI does not ensure that 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 WCI
expressly reserves the right to make modifications. All maps are not to
scale and are for relative location purposes only. All references to
clubs, golf 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 WCI.
The Residence's square footage totals
indicated above are approximate, may vary due to construction and are
based on perimeter measurements. Individual room dimensions indicated
above are approximate, may vary due to construction, and may vary from
the residence's square footage totals indicated above.
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 applies to the following properties: Treviso at The
Colony, Navona at The Colony, Castella at The Colony, Veracruz at Cape
Marco, Belize at Cape Marco, Aversana at Hammock Bay Golf & Country
Club, Lesina at Hammock Bay Golf & Country Club, The Resort at Singer
Island, One Bal Harbour, Mosaic, BellaMaré at Williams Island and Lost
Key.
Special Disclosures
Many of WCI's 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 WCI or its affiliate, and/or reimbursement of
certain costs, to WCI or to WCI's affiliates. In certain WCI
communities, WCI or one of its affiliates, may become the sole supplier
of cable and or broadband services.
WCI, or WCI affiliates, have entered into agreements with Robb & Stucky
whereby each purchaser who executes a contract to purchase a homesite or
residence from WCI in certain specified WCI communities in southwest
Florida is entitled to receive one, free design consultation from Robb &
Stucky. WCI is entitled to receive from Robb & Stucky a percentage of
revenues generated from sales of decorations and furnishings and
services to purchasers resulting from such referrals to Robb & Stucky.
Prospective purchasers should check with the WCI Design Studio and/or
Robb & Stucky as to whether the Robb & Stucky Agreement applies to their
homesite or residence.
In certain WCI communities or neighborhoods within communities, if you
purchase a lot (or resale lot) or home from an approved builder other
than WCI, or its affiliates, WCI, 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.
At various times, WCI adopts incentive programs with its affiliated
brokerage entity, Prudential Florida WCI Realty, under which Prudential
agents receive bonuses in addition to commissions for sales of WCI
constructed homes or the sale of residences in WCI highrise buildings.
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. WCI 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. WCI cannot control future
development surrounding its communities. Please consult a WCI
representative for specific price or other information for each
community.
Links To and From This Site
WCI has no liability for third party
links. WCI is not responsible for the accuracy or reliability of any
information, data, opinions, advice or statements made on these sites.
WCI 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.
Copyright Trademarks
WCI has established this Site to provide
you with information in graphic, pictorial and written form. WCI owns
and retains the copyright on all the text and images that you can see on
this Site and reserves its rights over those copyrights. Consequently,
unless you have our express written consent, you are prohibited from
distributing the text or graphics to others without the written
permission of WCI or from using this information on your own web sites
or in your own business advertisements or for any other business
purpose. WCI does allow you to print or store this information for your
own personal use.
The following are trademarks or
service marks of WCI:
ArubaSM
AversanaSM
Bay Colony®
AversanaSM
Bay Colony®
CambriaSM
Cape Marco®
Casa at Castella sm
Creating Lasting Lifestyles®
Florida’s Perfect Golf Destination®
Florida Life, Your Style®
Heron IslesSM
Harbour IslesSM
La ScalaSM
Let Go. Catch Life.®
MosaicSM
Old Palm Golf Club®
On The Mark Hospitality Concierge Program®
One Bal HarbourSM
Parkland IslesSM
Pelican Bay Naples FloridaSM
Pelican LandingSM
Pelican SoundSM
SeranoSM
Sky Homes®
Sun City Center®
Tarpon Bay (logo) SM
The Colony at Pelican LandingSM
The Resort at Singer Island SM
Tiburon®
Tiburon Naples®
Tuscany SM
Ventanas SM
Waterlefe®
WCI®
WCI Communities, Inc.®
Where Florida Lives®
Where Florida Lives … and Plays.®
Wildcat RunSM
The absence of a WCI copyright,
trademark, service mark or logos from the above list does not constitute
a waiver of any intellectual property right of WCI. Any unauthorized use
of any copyright, trademark, service mark or logos is prohibited.
Statement of Forward-Looking
Information
Certain information included herein and
in other company reports, Securities and Exchange Commission filings,
statements and presentations is forward-looking within the meaning of
the Private Securities Litigation Reform Act of 1995, including, but not
limited to, statements about the company's anticipated operating
results, financial resources, ability to acquire land, ability to sell
homes and properties, ability to deliver homes from backlog, ability to
secure materials and subcontractors. 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 company reports, filings,
statements and presentations. These risks and uncertainties include
WCI’s ability to compete in real estate markets where we conduct
business; the availability and cost of land in desirable areas in
Florida and elsewhere and our ability to expand successfully into those
areas; WCI’s ability to obtain necessary permits and approvals for the
development of its lands; the availability of capital to WCI and our
ability to effect growth strategies successfully; WCI’s ability to pay
principal and interest on its current and future debts; WCI’s ability to
maintain or increase historical revenues and profit margins;
availability of labor and materials and material increases in labor and
material costs; increases in interest rates and availability of mortgage
financing; the level of consumer confidence; adverse legislation or
regulations; unanticipated litigation or legal proceedings; natural
disasters; and changes in general economic, real estate and business
conditions. If one or more of the assumptions underlying our
forward-looking statements proves incorrect, then the company's actual
results, performance or achievements could differ materially from those
expressed in, or implied by the forward-looking statements contained in
this report. Therefore, we caution you not to place undue reliance on
our forward-looking statements. We undertake no obligation to update or
revise any forward-looking statements, whether as a result of new
information, future events or otherwise. This statement is provided as
permitted by the Private Securities Litigation Reform Act of 1995.
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 on this Site,
or any interaction with WCI involving the Site.
WCI may from time to time
revise and update this Site. We advise you to visit this page regularly
for updated Important Legal Notices.
Criteria for Consideration of
Proposals to License or Use Our Logos, Trademarks, Trade Names, Images
or Trade Dress
WCI Communities, Inc. ("WCI") policy with
respect to the use of its trade name and logo is to cooperate with
licensed real estate sales agents, film production companies, television
studios, Internet web site designers, co-marketers, and advertising
agencies in such use as a means of encouraging and increasing WCI’s
visibility to the public. WCI will generally approve a proposal and will
enter into a license agreement with the user if the proposed use
satisfies the following criteria:
The proposed use of WCI's or its
affiliates' logos, trade names, trade marks, images or trade dress
(hereinafter "Licensed Image") is for the benefit of a non-profit
project or charity or, if the use is for the benefit of a commercial
project, the use must be incidental and appropriate in tone and scope.
The proposed use of WCI's Licensed Image must portray the Company and
our communities positively. The proposal or project should not contain
images or dialogue that violate any rules and regulations. The proposal
provides that the proposed use of the Licensed Image shall be subject to
WCI's prior review and approval of the use of the Licensed Image. After
initial approval, all changes to and/or additions must be approved in
advance by WCI. In the event such proposed changes or additions are
disapproved by WCI, any prior licensing agreement shall terminate
automatically; and no use of the Licensed Image may thereafter be used
by Licensee; and WCI shall not be obligated to refund any amounts paid
by Licensee. In the event of termination of the license agreement, WCI
shall not be obligated to refund any amounts paid to it by licensee. If
your proposal is in accordance with these guidelines, please complete
the
request form and submit to Marketing Department, WCI Communities,
Inc., 139 S. Pebble Beach Blvd., Suite 104, Sun City Center, FL 33573.
WARNING: THE CALIFORNIA DEPARTMENT OF
REAL ESTATE HAS NOT INSPECTED, EXAMINED OR QUALIFIED THIS OFFERING.
Certain WCI Communities have been
registered with the Massachusetts Board of Registration of Real Estate
Brokers and Salesmen. |