This website is NOT the official Hibiscus By The Condominium Association website.
All opinions expressed in the blog on HibiscusByTheBay.com are solely those of the author(s) and do not reflect the opinions of Prudential, Prudential Shimmering Sands Realty their affiliates or the Hibiscus By The Bay board of directors.
The content on this website (including photos, text, drawings and other materials) may have been provided by a developer, other marketing resources, Bay County Records or other sources. The information is deemed reliable but not guaranteed. You should consult your Purchase Agreement, Contract and Condominium Documents for accurate information. We recommend that buyers of real estate consult appropriate professionals for legal and other specialized advice. Oral representations should not be considered valid.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
[You must be at least  years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least  years of age.]
License to use website
Unless otherwise stated, HibiscusByTheBay.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
- [edit or otherwise modify any material on the website; or]
- [redistribute material from this website [except for content specifically and expressly made available for redistribution].]
[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without HibiscusByTheBay.com express written consent.
[You must not use this website to transmit or send unsolicited commercial communications.]
[You must not use this website for any purposes related to marketing without HibiscusByTheBay.com express written consent.]
[Access to certain areas of this website is restricted.] HibiscusByTheBay.com reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at HibiscusByTheBay.com’s discretion.
If HibiscusByTheBay.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
[HibiscusByTheBay.com may disable your user ID and password in HibiscusByTheBay.com’s sole discretion without notice or explanation.]
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to HibiscusByTheBay.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to HibiscusByTheBay.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or HibiscusByTheBay.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
HibiscusByTheBay.com reserves the right to edit or remove any material submitted to this website, or stored on HibiscusByTheBay.com servers, or hosted or published upon this website.
[Notwithstanding HibiscusByTheBay.com rights under these terms and conditions in relation to user content, HibiscusByTheBay.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]
This website is provided “as is” without any representations or warranties, express or implied. HibiscusByTheBay.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, HibiscusByTheBay.com does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
HibiscusByTheBay.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if HibiscusByTheBay.com has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit HibiscusByTheBay.com liability in respect of any:
- death or personal injury caused by HibiscusByTheBay.com negligence;
- fraud or fraudulent misrepresentation on the part of HibiscusByTheBay.com; or
- matter which it would be illegal or unlawful for HibiscusByTheBay.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
[You accept that, HibiscusByTheBay.com and its owners have an interest in limiting the personal liability. You agree that you will not bring any claim personally against HibiscusByTheBay.com owners in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect HibiscusByTheBay.com owners, agents, subsidiaries, successors, assigns and sub-contractors as well as HibiscusByTheBay.com.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify HibiscusByTheBay.com and undertake to keep HibiscusByTheBay.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HibiscusByTheBay.com to a third party in settlement of a claim or dispute on the advice of HibiscusByTheBay.com legal advisers) incurred or suffered by HibiscusByTheBay.com arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to HibiscusByTheBay.com other rights under these terms and conditions, if you breach these terms and conditions in any way, HibiscusByTheBay.com may take such action as HibiscusByTheBay.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
HibiscusByTheBay.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
HibiscusByTheBay.com may transfer, sub-contract or otherwise deal with HibiscusByTheBay.com rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and HibiscusByTheBay.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].
About these website terms and conditions
[HibiscusByTheBay.com subscribes to the following code[s] of conduct: NAR Code of Ethics. NAR Code of Ethics can be consulted electronically at http://www.realtor.org.
HibiscusByTheBay.com [registered] address is 6500 Bridge Water Way, Panama City Beach, FL 32407.
You can contact HibiscusByTheBay.com by email to gofishing[AT]hibiscusbythebay.com.
What information do we collect?
We collect information from you when you register on our site, subscribe to our newsletter or fill out a form.
When registering on our site, as appropriate, you may be asked to enter your: e-mail address and/or name. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To send periodic emails
- You may unsubscribe from all emails at any time.
- We DO NOT share your email address with ANYONE for any reason!
The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.hibiscusbythebay.com/
This policy was last modified on 03/08/2013
Mike and Vivian Foate
6500 Bridge Water Way Unit 906, Panama City Beach, Florida 32407, United States