The Site is Not an Offer or Solicitation
Pellas Development Group is providing you with the Site to familiarize you with Pellas Development Group, and its products and services. The Site is not intended to be an offering or solicitation of sale in any jurisdiction where the development is not registered in accordance with applicable law or where such offering or solicitation would otherwise be prohibited by law, and offers to buy or sell property may only be made at one of Pellas Development Group’s sales centers and/or through a written prospectus. Because some jurisdictions require prior registration or other qualifications of real estate before solicitation is allowed, Pellas Development Group’s responses to your inquiries may be prohibited or limited. You agree that content or information provided to you on or via the Site is void where prohibited by law.
Without limiting the generality of the foregoing, this is not an offer to residents of the State of New York.
WARNING: THE CALIFORNIA DEPARTMENT OF REAL ESTATE HAS NOT INSPECTED, EXAMINED OR QUALIFIED ANY OFFERING FOR LOTS OR RESIDENCES AT GUACALITO.
You Should Not Rely on the Information and Statements on the Site
In no way whatsoever should the information contained in the Site be relied on for financial, tax, accounting, investment, business or legal advice. You should consult a professional before making financial, tax, investment, business, or legal decision, or purchasing any property.
Features, Specifications, Renderings, Pictures, Floor Plans, and Site Plans
Pellas Development Group cannot and does not warrant the accuracy or completeness of any information, graphics, text, links or other materials contained within the Site. All prices, features, renderings, floor plans, site plans, community maps, pictures, dimensions, specifications and other descriptions of products and services provided on the Site, if any, are subject to change without notice to you. Without limiting the generality of the foregoing: All maps are artist’s renderings, are subject to change, are not to scale, and are provided to you for relative location purposes only. Actual distances may vary. Renderings, floor plans, and elevations are artist’s renderings, are subject to change, and may contain options which are not standard on all models. The specific features in a property may vary from property to property and from one community to another. Certain fixtures and items of finish and decoration depicted on the Site are for display only and are not to be included with the property, community or plan. Every effort is made to ensure that the prices that are shown are accurate, however, at any time prices are subject to change. Prices shown may refer to a “base” property and may not include optional features, and photos or drawings of property may show upgraded landscaping, which may not represent the lower-priced property in the community or plan. Certain photographs contained on the Site may have been taken off-site and are merely intended as illustrations of the activities and concepts depicted on the Site. Pellas Development Group reserves the right to substitute equipment, materials, appliances and brand names, as determined in Pellas Development Group’s sole discretion. Color and size variations may occur. Stated dimensions and square footage are approximate and should not be used as an actual representation of a property's size. No representations or warranty is made that any zoning or land use reflected on properties surrounding Pellas Development Group’s properties, communities or plans will not change in the future, or with respect to future development surrounding Pellas Development Group’s properties, communities or plans. All improvements, designs and construction are subject to first obtaining the appropriate governmental permits and approvals.
Your Compliance with this Agreement
Your Access and Use of the Site
Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that Pellas Development Group, in its sole discretion, may elect to take. Pellas Development Group reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.
The Site may act as a venue, through its chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing the public and/or owners or occupants of property in Pellas Development Group communities to contribute information and make statements. Pellas Development Group is not involved in the actual transmission of information and statements provided for in the Forums. As a result, Pellas Development Group does not approve or endorse any information or statements in the Forums, and you hereby acknowledge and agree that Pellas Development Group has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any information provided by you or any other person or entity in the Forums. You may find information posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on information or statements published in the Forums. Without limiting the generality of the foregoing, and although Pellas Development Group does not regularly review information provided for in the Forums, Pellas Development Group reserves the right, but not the obligation, to remove or edit any information in the Forums.
Immediately report problems with the Forums to Pellas Development Group at email@example.com.
Transmissions, Submissions and Postings to the Site
If you transmit, submit or post information to the Site that is not trademarked and/or copyrighted under the law of any jurisdiction, you automatically grant Pellas Development Group and its affiliates the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from Pellas Development Group to transmit, submit or post information to the Site that is so trademarked and/or copyrighted, you automatically grant Pellas Development Group and its affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation the Content.
You shall not transmit, submit or post the following to the Site:
Information that infringes Pellas Development Group’s or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights; Information that violates any law, statute, ordinance or regulation; Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Pellas Development Group or third-parties, or that infringes on Pellas Development Group’s or any third-party’s rights of publicity or privacy; Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”; Information that is false, inaccurate or misleading; Commercial advertisements or solicitations without written permission from Pellas Development Group; or Trademarked and/or Copyrighted information without written permission from Pellas Development Group.
Pellas Development Group's Intellectual Property Rights
The names "Pellas Development Group", "www.guacalitodelaisla.com", and “Marina de Guacalito”, "Guacalito" “Guacalito de la Isla”, “Guacalito de las Islas”, “Mukul” and Pellas Development Group’s graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Pellas Development Group or its subsidiaries or affiliates, in the Republic of Nicaragua and/or other countries and/or is licensed to Pellas Development Group (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Pellas Development Group, which permission may be withheld in Pellas Development Group's sole discretion. Pellas Development Group makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, the Site (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, Pellas Development Group or its Content suppliers. Pellas Development Group also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of Pellas Development Group or its software vendors and is protected by copyright laws of the Republic of Nicaragua and other jurisdictions. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of Pellas Development Group's or any third-party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by Pellas Development Group or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
Pellas Development Group grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
You may not use the Content or the Collective Work in any manner which: (i) disparages either the Site, the business of Pellas Development Group or its vendors, or Pellas Development Group's agents, employees, officers and directors; or (ii) is libelous or slanderous to Pellas Development Group, its vendors, agents, employees, officers or directors, or to any other third-party.
Except as otherwise permitted under the copyright laws of the Republic of Nicaragua, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of Pellas Development Group, which permission may be withheld in Pellas Development Group's sole discretion. You may not use any meta tags or any other “hidden text” utilizing Pellas Development Group’s name or trademarks without the prior express written permission of Pellas Development Group, which permission may be withheld in Pellas Development Group's sole discretion.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without Pellas Development Group’s express written permission which may be withheld in Pellas Development Group’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Pellas Development Group’s sole discretion, an unreasonable or disproportionately large load on Pellas Development Group’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of Pellas Development Group and the appropriate third-party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass Pellas Development Group’s robot exclusion headers or other measures Pellas Development Group may use to prevent or restrict access to the Site.
When you visit the Site or send email to Pellas Development Group, you are communicating with Pellas Development Group electronically. You consent to receive communications from Pellas Development Group electronically. Although Pellas Development Group may choose to communicate with you by regular mail, Pellas Development Group may also choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Pellas Development Group provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site.
Links to other Web sites belonging to Pellas Development Group’s advertisers, business partners, affiliates and other third-parties may be provided on the Site. Such links do not constitute an endorsement by Pellas Development Group of those Web sites, nor the products or services listed on those Web sites. Pellas Development Group is not responsible for the activities or policies of those Web sites. Pellas Development Group does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third-party. Pellas Development Group does not guarantee that the loan terms or rates offered by any particular advertiser, business partner, affiliate or other third-party on the Site are the best terms or lowest rates available in the market.
Pellas Development Group’s developments may be subject to developer agreements for water, sewer, electricity, gas, cable, television, broadband, digital and other services which provide for credits, allowances, and/or rebates, and in some cases provide for revenue sharing between the service provider and Pellas Development Group or its affiliates and/or reimbursement for certain costs to Pellas Development Group or its affiliates. In certain Pellas Development Group communities, Pellas Development Group or one of its affiliates may become the sole supplier of certain services.
In certain Pellas Development Group developments or projects, if you purchase property from an approved builder other than Pellas Development Group, or its affiliates, Pellas Development Group may be entitled to a marketing fee and/or brokerage commission from the approved builder, which may be paid by the approved builder or may be charged to the purchaser. Prospective purchasers should check with their builder as to payment of this fee/commission.
Certain references to amenities are subject to applications, fees, and availability.
Equal Housing Opportunity
Pellas Development Group is committed to equal housing opportunities and encourages and supports eliminating barriers to obtaining housing due to race, color, religion, sex, handicap, familial status, or national origin. Pellas Development Group will not knowingly publish or accept any advertising for real estate which is in violation of United States law. All persons are hereby informed that all dwellings advertised by Pellas Development Group are available on an equal opportunity basis.
Statement of Forward-Looking Information
This Site may contain statements, estimates or projections that constitute "forward-looking statements." Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "project," "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from our historical experience and our present expectations or projections. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. We undertake no obligation to publicly update or revise any forward-looking statements.
Pellas Development Group Makes No Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN "AS-IS" AND “AS AVAILABLE” BASIS. PELLAS DEVELOPMENT GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.
PELLAS DEVELOPMENT GROUP DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. PELLAS DEVELOPMENT GROUP MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
ORAL REPRESENTATIONS MADE IN CONNECTION WITH THE SITE CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF PELLAS DEVELOPMENT GROUP.
Limitations on Pellas Development Group's Liability
PELLAS DEVELOPMENT GROUP SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD-PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PELLAS DEVELOPMENT GROUP AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of Pellas Development Group
You shall defend, indemnify and hold harmless Pellas Development Group and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Pellas Development Group; (iii) your access or use of the Site; and/or (iv) access or use of the Site under any password that may be issued to you. Amendments of this Agreement
Pellas Development Group reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Pellas Development Group’s last update was May 6, 2010. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes.
Pellas Development Group's Remedies
You acknowledge that Pellas Development Group may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in addition to all other rights and remedies, in the event of a breach or threatened breach of any provision of this Agreement by you, you hereby grant to Pellas Development Group, without notice and without a hearing, the entry of a stipulated injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of this Agreement, or both. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of the Republic of Nicaragua. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
This Agreement is to be governed by and construed in accordance with the internal laws of the Republic of Nicaragua, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the of the Mediation and Arbitration Law of the Republic of Nicaragua. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE SITE YOU CONSENT TO THESE RESTRICTIONS. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Pellas Development Group, jurisdiction over and venue of any suit shall be exclusively in the courts located in Nicaragua.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Pellas Development Group and your and Pellas Development Group's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Pellas Development Group be entitled to punitive damages and both you and Pellas Development Group hereby waive your and Pellas Development Group's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Pellas Development Group from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns o feedback regarding this Agreement or the Site, please contact us via any of the methods set forth below:
Marina de Guacalito, S.A.
Phone: (505) 2274-4250
Fax: (505) 2274-4257
Copyright © 2009 Pellas Development Group. All Rights Reserved.