Terms & Conditions

Effective Date:  March 3, 2023

LEGAL NOTICES AND DISCLAIMERS

and

Website Terms of Use

www.lagunebay.com

YOUR USE OF THIS WEBSITE (the “Site”) CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW.  These Website Terms of Use (“Terms of Use”) describe the terms pursuant to which Karis Development Company NV, the developer of Lagune Bay (Dolomita Development & Logistic Solutions NV), and/or an affiliated entity (referred to respectively in these Terms of Use as the “Company,” the “Developer,” “we,” “us” and “our”) provides the website located at www.lagunebay.com (the “Site”).  We prepared these Terms of Use to help explain the terms that apply to your use of the Site.  We may modify the Terms of Use as well as discontinue, withdraw, replace or change any content or services offered via the Site at any time and your continued access and use of the Site thereafter constitutes your acceptance of such changes.  You may view the most up-to-date version of the Terms of Use at any time https://www.lagunebay .com.  These Terms of Use incorporate our Privacy Policy which explains and provides information regarding our data usage policies.

 

By using this Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

 

NOTICES AND DISCLAIMERS

 

ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. 

 

The Lagune Bay condominium project (the “project”) is owned, and is being developed, offered and sold by the Developer.

 

Karis Development Company NV (Karis) has granted to Developer a limited right to use certain intellectual property, in connection with the Developer’s offering and sale of the residential units at the project.  

 

Karis has no responsibility or liability to any party regarding the offering, sale, development, construction or management of the project.  Karis has not confirmed the accuracy of any marketing, offering or sales materials, prospectus, offering circulars or other similar documents provided or used by the Developer.  Karis is not an agent for the Developer and is not acting as broker, finder or agent in connection with the offer or sale of the units at the project.  

 

You waive and release Karis from and against any liability with respect to or in any way relating to: (I) any representations or defects or any claim whatsoever, relating to the marketing, offering, sale, design, construction or management of the project or any unit therein, or the condominium, (II) the termination of the License Agreements for any reason, and (III) termination and cessation at or in relation to the project or the condominium.

 

The project materials and content provided via the Site are provided by the Developer as a service to its customers and may be used for informational purposes only.  This Site is meant to be used as an overview of the project being developed by the Developer and in no way whatsoever should the information contained in this Site be relied on for financial, tax, accounting, investment, business or legal advice.  All items are subject to modification, change and/or being withdrawn at any time in the sole discretion of the Developer without notice.  

 

Nothing on this Site is intended as an offer to sell, or solicitation of offers to buy, condominium units in any jurisdiction where such offer or solicitation cannot be made or are otherwise prohibited by law, and your eligibility to purchase will depend on your state of residency.  Such an offering shall only be made pursuant to the offering documents for the condominium and no statements should be relied upon unless made in the offering documents or in the applicable purchase agreement. In no event shall any solicitation, offer or sale of a unit in the condominium be made in, or to residents of, any country in which such activity would be unlawful.  This is not an offer to sell nor a solicitation to purchase a condominium unit directed to any person where such an offer or solicitation is prohibited by law unless the condominium is registered if required or exempt.  No real estate broker or salesperson is authorized to make any representations or other statements regarding this project, and no agreements with, deposits paid to or other arrangements made with any real estate broker are or shall be binding on the Developer.  

 

All prices are subject to change at any time and without notice, and do not include optional features or premiums for upgraded units.  From time to time, price changes may have occurred that are not yet reflected on this Site.  Please check with the sales center for most current pricing.

  

All plans, features and amenities depicted herein are based upon preliminary development plans and are subject to change without notice in the manner provided in the offering documents.  No guarantees or representations whatsoever are made that any plans, features, amenities or facilities will be provided or, if provided, will be of the same type, size, location or nature as depicted or described herein.  The sketches, renderings, graphic materials, plans, specifications, terms, conditions and statements contained in this Site are proposed only, and we reserve the right to modify, revise or withdraw any or all of same in our sole discretion and without prior notice.  All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for same.  Any drawings and depictions in this Site are conceptual only and are for the convenience of reference.  They should not be relied upon as representations, express or implied, of the final detail of the project. The Developer expressly reserves the right to make modifications, revisions, and changes it deems desirable in its sole and absolute discretion.  All depictions of appliances, counters, soffits, floor coverings and other matters of detail, including, without limitation, items of finish and decoration, are conceptual only and are not necessarily included in each unit. All such materials are not to scale and are shown solely for illustrative purposes.  

 

The photographs contained in this Site may be stock photography or have been taken off-site and are used to depict the spirit of the lifestyles to be achieved rather than any that may exist or that may be proposed, and are merely intended as illustrations of the activities and concepts depicted therein.  Consult your agreement and the offering documents for the items included with the units.  Dimensions, ceiling heights and square footage are approximate and may vary with actual construction. Images and renderings are not to scale and are shown solely for illustrative purposes.  Renderings depict proposed views, which are not identical from each unit.  Any view from any unit of from other portions of the property may in the future be limited or eliminated by future development or forces of nature and the Developer in no manner guarantees the continuing existence of any view.  

 

Interior photos shown may depict options and upgrades and are not representative of standard features and may not be available for all model types. All fixtures, furniture and items of finish and decoration of units described herein are for display only and may not to be included with the unit, unless expressly provided in the purchase agreement.

 

Because wood is a natural product, every piece has a unique color and appearance, and every installed floor will have its own distinctive visual character. Photographs, samples and website images can offer an impression of the product, but they may not be representative of the full range of color, knots, texture and grain variations which can exist in the product itself as installed.  Wood is subject to weathering and fading and as such the coloration may vary over time.  Additionally, all wood flooring will acclimate to the temperature and humidity in the Unit and seasonal movement in a wood floor is to be expected, as wood is a product of nature and will expand and contract with changes in humidity and temperature. Gaps often appear between boards during colder periods and tighten in warmer temperatures.  Minimizing heat and humidity fluctuations is required to preserve the condition of the wood.  Even under ideal conditions, wood is subject to warping, bowing and cupping. 

 

Ceiling heights are measured from top of slab to top of slab.  As a result, actual clearance between the top of the finished floor coverings and the underside of the finished ceiling, drop ceiling or soffits will be less.  All ceiling heights are approximate and subject to change.

 

Any and all references to and/or renderings of other proposed projects or nearby facilities depicted are proposed only, are not constructed, and are not being developed by the Developer.  As such, the Developer has no control over those projects or facilities and there is no guarantee that they will be developed, or if so, when and what they will consist of. The information provided herein regarding other proposed projects or facilities depicted was obtained from newspaper articles and other public information and Developer makes no representations as to same.

 

Restaurants and other business establishments and/or any operators of same referenced on the Site are subject to change at any time, and no representations regarding restaurants, businesses and/or operators within the project may be relied upon.  Restaurants, and/or other business establishments, are anticipated to be operated from the commercial components of the project which will be offered for sale to third parties. Except as may be otherwise provided in the offering materials, the use of the commercial spaces will be in discretion of the purchasers of those spaces and there is no assurance that they will be used for the purposes, and/or with the operators, named herein.  

 

The project graphics, renderings and text provided herein are copyrighted works owned by or licensed to the Developer or an affiliate thereof. © All rights reserved. Unauthorized reproduction, display or other dissemination of such materials is strictly prohibited and constitutes copyright infringement. Please refer to the Developer’s official project brochures and materials and the documents furnished by the Developer pursuant to state law for information regarding the project. This Site may contain or reference trademarks, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of the Developer and/or other parties.  No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of the Developer and/or other parties is granted to or conferred upon you.  Nothing contained on this Site or in these Terms of Use serves to grant to you, by implication or otherwise, any license or right to use any trademarks displayed on this Site without the prior written permission of the Company or its third party licensors, or such other third parties that may own the displayed trademarks.  All rights not expressly granted herein are reserved.  No interest or right to use the project name or trademarks is acquired by purchasing any unit or interest in the project.

 

With respect to any and all communications sent or otherwise made to the Developer, including, without limitation, feedback, questions, comments and suggestions (“Communications”), unless otherwise required by applicable law: (a) no right of confidentiality shall apply to Communications and the neither the Company nor the Developer or any of their affiliates shall have any obligation to protect Communications from disclosure; (b) the Developer and its affiliates shall be free to reproduce, use, disclose and distribute Communications to others; and (c) the Developer and its affiliates shall be free to use any ideas, concepts, know-how or techniques contained in Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information, without any obligation to provide compensation of any kind or any other obligation. Please use e-mail only to send us non-confidential messages. Do not include confidential personal or private information. For your protection, our responses will not include any confidential information. Please do not use e-mail to send us transaction instructions. Customers who choose to send e-mail messages to the Developer or its affiliates, that contain confidential, private or personal information so do entirely at their own risk.

 

WE ENCOURAGE AND SUPPORT AN AFFIRMATIVE ADVERTISING, MARKETING AND SALES PROGRAM IN WHICH THERE ARE NO BARRIERS TO OBTAINING HOUSING BECAUSE OF RACE, COLOR, SEX, RELIGION, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN.

 

THE INFORMATION AND MATERIALS CONTAINED IN THE SITE ABOUT THE DEVELOPER’S OR ITS AFFILIATES’ PROPERTIES AND COMMUNITIES, AND ALL PHOTOS, RENDERINGS, PLANS, PRICES, LAND USES, IMPROVEMENTS, AMENITIES, DIMENSIONS, SPECIFICATIONS, MATERIALS AND AVAILABILITY DEPICTED IN THE SITE OF ANY OF THE DEVELOPER’S OR ITS AFFILIATES’ PROPERTIES AND COMMUNITIES ARE CONCEPTUAL IN NATURE AND ARE SUBJECT TO CHANGE OR CANCELLATION WITHOUT NOTICE OR OBLIGATION. SCENES MAY INCLUDE ARTIST’S RENDERINGS, AND MAY BE OF LOCATIONS OR ACTIVITIES NOT ON A PROPERTY OR NOT YET COMPLETED. 

 

Additional Terms

Updates to these Terms of Use.  We may modify these Terms of Use from time to time.  If you do not agree with the proposed changes, you should discontinue your use of the Site prior to the time the new Terms of Use take effect.  If you continue using the Site after the new terms take effect, you will be bound by the modified Terms of Use.  

Privacy Policy.  In connection with your use of the Site, please review our Privacy Policy, located at Privacy Policy, to understand how we use information we collect from you when you access, visit or use the Site.   The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.  

Your Use of the Site.  The Site offers information regarding the Lagune Bay project.  You may also register as a user to receive information and promotional content from us via the Site.  We may remove, modify or otherwise discontinue providing any content on the Site at any time with or without cause and with or without notice, without any liability.  Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without our prior written consent.  As a condition of your use of the Site, you represent, warrant and covenant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  By way of example, and not as a limitation, you agree that when using the Site and when submitting any information or content to the Site, you will not:

∙ Use a robot, spider or other automated device, process or means to access or use the Site, or defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

∙ Submit any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

∙ Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third party systems.

∙ Send false or misleading information.

Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.

Restrict or inhibit any other user from using and enjoying the Site.

Scrape or otherwise copy any images or other content on the Site or harvest or otherwise collect information about others, including contact information such as e-mail addresses, for the purpose of building “contact” or “lead” lists.

Violate any applicable laws or regulations.

We shall have no obligation to monitor the usage of the Site. However, we reserve the right to review any communications or submissions directed to the Site and to remove any of same in our sole discretion.  We reserve the right to terminate your access to the Site at any time without notice for any reason whatsoever.  We further reserve the right at all times to disclose any information as 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 our sole discretion.

Materials presented on the Site are subject to limitations on usage, reproduction and/or dissemination.  You are responsible for adhering to such limitations.  You may not use the Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes.  The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited.  “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited.  You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site.  Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited.  You acknowledge and agree that the Site may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and we shall have no liability with respect thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. 

Our Intellectual Property Rights.  The content on the Site (“Materials”) and the trademarks, service marks, and logos contained on the Site, are owned by or licensed to us and are subject to copyright and other intellectual property rights under Sint Maarten laws and international conventions.  The Site and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials. You further agree not to access the Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. 

Our Management of the Site; User Misconduct

1. Our Right to Manage the Site.  We reserve the right, but do not undertake the obligation to: (i) monitor or review the Site for violations of these Terms of Use and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; and (iii) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site.
2. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE, OR OF ANY APPLICABLE LAW OR REGULATION.

Third Party Sites.  The Site may contain links to other third party websites (“Linked Sites”) or frames of other third party website screens (“Framed Sites”) which may offer third party products and services.  The Linked Sites and Framed Sites and the products and services offered or provided at such sites are subject to their own separate terms and conditions of use and are not under our control and we is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site or any such products and services.  We are not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site, or with respect to any information you provide to any such Linked Site or Framed Site.  Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or Framed Site or any association with or its operators. 

Legal Disputes and Arbitration Agreement. 

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

1. Initial Dispute Resolution.  We are available by email at info@dolomitadevelopment.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. Each of you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.  
2. Agreement to Binding Arbitration.  If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued above, then either party may initiate binding arbitration.  All claims arising out of or relating to these Terms of Use (including its formation, performance and breach) and/or your use of the Site shall be finally settled by binding arbitration administered on a confidential basis by the International Chamber of Commerce (the “ICC”) using a single arbitrator selected by our mutual agreement with you, or if we are unable to agree on a single arbitrator, by a panel of three arbitrators with each party selecting one arbitrator and the two arbitrators selecting the third arbitrator.  The arbitration shall be conducted in accordance with the provisions of the ICC Arbitration Rules, excluding any rules or procedures governing or permitting class actions.  The arbitrator(s), shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law.  You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial.  You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. You agree to keep any such arbitration and matters related thereto confidential.
3. Applicable Law.  You agree that federal laws and the laws of Sint Maarten, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and the Company.  
4. Warranty Disclaimers; Limitation on Liability.
5. General Disclaimer of Warranties Relating to the Site.

(i) ALL MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT THESE MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, PROJECT DEVELOPMENT ENTITIES AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE. 

(ii) NO WARRANTIES OR REPRESENTATIONS ARE MADE ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SITE’S CONTENT, THE CONTENT OF ANY SERVICE LINKED TO THE SITE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. NEITHER WE NOR ANY OF OUR AFFILIATES ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED IN OUR SERVERS, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. 

1. Limited Liability.  IN NO EVENT SHALL THE DEVELOPER, MELO GROUP OR ANY OF THEIR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, MATERIALS OR ANY OTHER CONTENT PROVIDED THROUGH THE SITE. 
2. Exceptions to Disclaimers and Liability Limitations.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS. 
3. Indemnity.  You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or any Materials in violation of these Terms of Use or applicable law. 
4. Information Provided To The Site.  By registering, posting, uploading, inputting or otherwise submitting your contact information or other information to the Site, you grant to us and our contractors and their respective affiliated companies permission to use such information in connection with the operation of the Site and marketing of products or services, contacting you and sending you emails and other communications, including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat such information as part of marketing to you based on your expression of interest and request to be contacted.  No compensation will be paid with respect to the use of such information.  Said permission is transferable by us to an acquirer in connection with a business or asset sale.  We are under no obligation to post or use any information you may provide and may remove any such information at any time in our sole discretion.  By posting, uploading, inputting, providing or submitting such information, you represent and warrant that you are of legal contracting age, that you own or otherwise control all of the rights to such information as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such information and that such information does not infringe or otherwise violate any third party intellectual property or other right.  We do not control or endorse the content, messages or information found in any communication sent by you to the Site or to you from any third party and, therefore, we specifically disclaim any liability with regard to such communications and any actions resulting from your participation in any such communication.  When you visit this Site or send e-mails to us, you are communicating with us electronically, and by doing so, you consent to receive communications from us electronically.  We may communicate with you by email, phone, texting or by other means and you consent to same. You may provide notice to us requesting that we not contact you or not contact you via specified methods. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may also disclose your personally identifiable information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law.  You agree that we have the right to disclose and transfer your personally identifiable Information to our successors-in-interest or in connection with a merger or acquisition transaction or change of control and/or otherwise in accordance with and subject to our Privacy Policy.
5. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of the applicable right or provision. 
6. Severability. These Terms of Use operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 
7. Assignment. We may assign our rights under these Terms of Use without your approval. You may not assign any rights hereunder. 
8. No Modifications by Our Employees.  If any of our employees offers to modify the terms of these Terms of Use, he or she is not acting as an agent for us or speaking on our behalf.  You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
9. Reporting Violations; Enforcement.  Any party seeking to report any violations of these Terms of Use may contact us via e-mail: info@dolomitadevelopment.com.  When we become aware of an alleged violation of these Terms of Use, we may initiate an investigation.  Depending on the severity of the violation, we may, at our sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement agency of such violation.
10. Questions; Accessibility.  Should you have any questions regarding the Site, or if you desire to contact us for any reason, please contact us at info@dolomitadevelopment.com / + 1(888) 476-1SXM (796), attention: Customer Service.  We strive to make our Site content accessible and user-friendly. 
11. Entire Agreement.  Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and us with respect to the Site and the information provided via the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

PRIVACY POLICY

Effective Date:  March 3, 2023

DOLOMITA DEVELOPMENT & LOGISTIC SOLUTIONS NV as the developer of Lagune Bay (hereinafter “we,” “our,” or “us”) are committed to safeguarding and handling your Personal Information in a responsible and secure manner. 

This Privacy Policy (“Privacy Policy”) describes how we process your Personal Information as you use our website located at www.lagunebay.com (the “Site”).  Please read our Site Terms of Use before submitting any information to us via the Site. 

Your Consent to this Privacy Policy.  

By using our website, social media or any other communication methods or submitting information to us, you agree with our privacy practices as described in this Privacy Policy and consent to the collection, storage, sharing, transfer and use of your Personal Information as described herein. If you do not agree with this Privacy Policy please do not submit any information to us. 

How to Revoke Your Consent or Request Information.  

You may revoke your consent on a going forward basis and submit written requests and questions about your rights to us by contacting us at:

info@dolomitadevelopment.com

Sucker Garden Rd #49 Sint Maarten 

+ 1(888) 476-1SXM

We may modify this Policy at any time, without prior notice, and changes may apply to any “Personal Information” (as defined below) we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advance notice if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Policy. If you continue to access or use the Site after receiving the notice of changes, you acknowledge your acceptance of the updated Policy.

In addition, we may provide you with real time disclosures or additional information about the data handling practices of specific parts of the Site.  Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

Section 1 – Information We Collect Through Your Use of the Site

Personal Information is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you’re accessing or using the Site, including: 

1. Information You Provide to Us. In connection with the Site, you may voluntarily provide Personal Information about yourself including your name, phone number, e-mail address and/or physical address or other information you submit to us while using the Site.
2. Usage Information Automatically Collected. When you use the Site, we automatically collect information your usage of the Site as described below.  We have a legitimate interest in understanding how you use and interact with the Site and communicating with you in response to your requests for information.

Service Data: We collect information about your interactions with the Site, such as the pages or other content you view, and other actions you perform while using the Site.

Log Data: We automatically collect log information when you use the Site. This might include your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, browser type), the web page you’ve viewed or engaged with before or after using the Site, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your information and analysis of use of the Site.

Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of the Site. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Site and to improve and optimize the Site. Please refer to the “Cookies and Similar Tracking Technology” section below for more information.

Section 2 – How We Use Your information

Your Personal Information can be used for various purposes, including:

1. To Provide You with Project-Related Communications. If you submit a request via the site to receive information about the Aria Reserve Miami project, we will use your Personal information to send you project-related communications.  You can manage your email preferences and opt out of communications. 
2. To Enforce our Terms, Agreements, or Policies. To maintain a safe, secure, and trusted environment for you when you use the Site, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on the Site. We are required to process your Personal Information for this purpose to provide the Site.
3. For Research and Development.  We may process your Personal Information to improve, optimize, or expand the Site or features of the Site.  We do so by processing information about your use of the Site, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of the Site.  
4. To Comply with Applicable Laws. We may be required to process your Personal Information under certain laws and regulations. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Site Terms of Use and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of our employees and others.

Section 3 – How We Share Your Information 

We may share your Personal Information as follows:

1. Third-Party Service Providers. We may use third parties to perform certain services on our behalf in connection with the Site such as: sending e-mail, removing repetitive information from prospect or customer lists, web site analysis, analyzing data, providing marketing assistance and providing customer service.
2. Opt-in and Opt-out Programs:  Throughout the Site you may be presented with opportunities to receive mailings from third parties or us.  An opt-in/opt-out message may ask you if you would like your Personal Information to be shared. If you do choose to have your Personal Information shared, please be aware that we are not responsible for the privacy practices of these other companies, and you should review the privacy practices of such companies prior to providing your Personal Information. If you would not like your information to be shared to third parties, or if you would like to stop receiving mailings from third parties or us, you may follow the instructions in the opt-out section below.
3. Our Subsidiaries and Affiliates: We may share your information (including, without limitation, Personal Information) with our affiliated companies.
4. Merger, Bankruptcy, or Corporate Reorganization. We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of our company or the Site, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change.
5. Legal Obligations and Safety. We may share your Personal Information if it is reasonably necessary to:

Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);

Comply with requests or investigations by public authorities;

Comply with applicable laws or regulations;

Enforce or apply our policies or policies of our business partners;

Protect the security or integrity of the Site; or

Protect our rights, property, or safety or that of our employees or users, partners and affiliates, or other natural persons.

Section 4 – Your Choices

1. Voluntary Information. You may choose not to provide us with some of your Personal Information.  You are not required to send us any Personal Information.
2. Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us.

Section 5 – Third-Party Services

You may find links to other websites, third party applications, and widgets on the Site that we do not own or control, such as various social media platforms. When you click on links in the Site, they may direct you away from the Site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave the Site or are redirected to a third-party website or application, you are no longer governed by this Policy or the Site’s Terms of Use.

Section 6 – Security

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your Personal Information from unauthorized access, use, or disclosure, we cannot guarantee the security of your Personal Information. In the event that we are required by law to inform you of a breach of security with respect to your Personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law. 

Section 7 – Cookies and Similar Tracking Technology

We use cookies and similar tracking technologies to collect usage information about your use of our website.  Cookies are small files, typically comprised of letters and numbers, that your computer or mobile device saves when you visit certain websites.  When you return to the websites that save cookies on your device—or visit other websites that use the same cookies—the websites recognize such cookies and your browsing device. 

When you use our site, we may assign your computer one or more cookies to facilitate access to our site and to personalize your online experience. Through the use of cookies, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site.  Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies.  If you choose to decline cookies please note that you may not be able to sign in or use some of the interactive features offered on our Services.  Cookies can be either session cookies or persistent cookies. 

A session Cookie expires when you close your browser and is used to make it easier for you to navigate our Services.

A persistent Cookie remains on your hard drive for an extended period of time.  

For example, when you sign in to our website, we will record your user or member ID, which is your email address, and the name on your user or member account in the cookie file on your computer. We store your unique member ID in a cookie for automatic sign-in. This cookie is removed when you sign-out. For security purposes, we will encrypt the unique member ID and any other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier.

We use the following types of cookies on our website:

Strictly Necessary Cookies. These cookies enable you to move around and use our website. This category of cookies is essential for our website to work and they cannot be disabled.

Performance or Analytics Cookies. These cookies collect usage information about how you use our website. For example, the cookies will collect information about the pages you view or click on while using our website or if you get an error message from certain pages. We use the information collected by such cookies to improve and optimize our website. You can disable these cookies.  Generally, we may use first-party and third-party cookies for the following purposes:

– To make our website function properly;

    – To provide a secure browsing experience during your use of our website;

– To collect usage information about your use of our website to help us improve and optimize our website; and

– To remember your preferences for your convenience.

Third Party Service Provider Cookie Use.  We may allow our authorized service providers to serve cookies from our services to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.  You can enable, disable, or delete cookies through the browser you are using to access our website. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies parts of our website may not work properly for you. 

More information may be found for the following browsers here: 

Google Chrome:  https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en-GB

Microsoft Edge:  https://support.microsoft.com/en-us/microsoft-edge/view-cookies-in-microsoft-edge-a7d95376-f2cd-8e4a-25dc-1de753474879

Internet Explorer:  https://support.microsoft.com/en-us/topic/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d

Mozilla Firefox:  https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer

Safari (Desktop):  https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac  

Android Browser: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en  

Opera:   https://help.opera.com/en/latest/web-preferences/

 

Information regarding management of cookies from third party websites is also available at http://www.allaboutcookies.org/. 

 

Third Party Advertiser Cookie Use.  We may allow third-parties, advertising companies and ad networks, to display advertisements on our site.  These companies may use cookies to collect information about users who view or interact with their advertisements.  These cookies collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they deliver, and possibly associate this information with your subsequent visits to the advertised websites.  They also may combine this information with Personal Information they collect from you from other sources.  The collection and use of that information is subject to the third-party’s privacy policy.  This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).   

We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon.  The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.  Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies.  Unlike cookies, which are stored on the user’s computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.  Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns.  We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.

Section 8 – Children’s Privacy

By using this Site, you represent that you are at least the eighteen (18) years old. The Site is not intended for persons under 18 years of age. No one under age 18 may provide any Personal Information to or on the Site. We do not knowingly collect Personal Information from anyone under 18. If you are under 18, do not use or provide any information on the Site or through any of its features, register on the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from someone under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us using the information provided in the “Questions & Contact Information” section below.

Section 9–Governing Law and Jurisdiction

All matters relating to this Site and Policy and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of Sint Maarten without giving effect to any choice or conflict of law provision or rule. 

Section 10 – Retention

We generally retain your Personal Information as long as necessary to fulfill the purposes of collection or to comply with applicable law. Otherwise we will try to delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected. 

Section 11–Access To Your Personal Information

You may request access to your Personal Information by contacting us at the address provided in the “Questions & Contact Information” section below. If required by law, upon request, we will grant you reasonable access to the Personal Information that we have about you.

Section 12–Changes To Your Personal Information

We rely on you to update and correct your Personal Information.  If the Site does not permit you to update or correct Personal Information, you should contact us at the address provided in the “Questions & Contact Information” section below in order to request that your Personal Information by modified. Note that we may keep historical information in our backup files as permitted by law.  

Section 13–Deletion Of Your Personal Information

You may request information about how long we keep a specific type of information, or request that we delete your Personal Information by contacting us at the address provided in the “Questions & Contact Information” section below.  If required by law we will grant a request to delete Personal Information, but you should note that in many situations we must keep your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.  

Section 14–Objection to Certain Processing; Revocation of Consent

You may object to our use or disclosure of your Personal Information by contacting us at the address provided in the “Questions & Contact Information” section below.  If you revoke your consent for the processing of Personal Information then we may no longer be able to provide you information or other services.  In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address provided in the “Questions & Contact Information” section below.  If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.”

Section 15–Sensitive Information

Do not send us, and do not disclose, any sensitive information (e.g., social security numbers, credit card or other payment card information, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership), or other information you consider to be confidential, on or through the Site or otherwise to us.

Section 20–Opt-Out  

 If you would like to opt-out and/or limit our sharing of your Personal Information, you can contact us by email, phone or regular mail using the information provided below under “Our Contact Information.”  You can opt out of our sharing of your Personal Information disclosed to third parties including affiliates and nonaffiliates for such third parties’ marketing use.  Please understand if you opt out of receiving promotional correspondence from us or our affiliates or third parties, you may not be able to use some or all of our services, and we may still contact you in connection with your account with us and your use of our services.  

Section 21–Questions & Contact Information

If you would like to access, correct, amend or delete any Personal Information we have about you, register a complaint, or simply want more information contact us at info@dolomitadevelopment.com or by phone at + 1(888) 476-1SXM or regular mail at Sucker Garden Rd #49 Philipsburg, Sint Maarten DWI.

Last updated:  March 3, 2023