Terms and Conditions of Use
Kingfish Bay Development, LLC
Last Modified: October 26, 2023
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for both:
- making all arrangements necessary for you to have access to the Website;
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret or other intellectual property or proprietary rights laws.
- your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- you may store files that are automatically cached by your Web browser for display enhancement purposes;
- you may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; and
- if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications;
You must not:
- modify copies of any materials from this site;
- use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
- delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
Notwithstanding the foregoing, and as a sole exception, if you are a realtor you may access, and use this website for the commercial purpose solely of promoting Kingfish Bay Development or any lots or homes thereon to persons who have legitimate and bona fine interests in purchasing a lot or home in Kingfish Bay Development.
If you wish to make any use of material on the Website other than that set out in this section, please first address your request to the CFO, Kingfish Bay Development, LLC: [email protected]. Any such use shall require the prior written consent of a corporate officer of the Company, duly authorized for such purpose.
The Company name, the terms ‘Kingfish Bay Development’, ‘Live Relaxed’, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
- in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- if you are a specially designated national or other blocked person designated as such by the United States’ Treasury’s Office of Foreign Asset Control, The United States Department of Commerce’s bureau Of Industry and Security or other United State governmental authority or reside in a country for which the Office of Foreign Asset Control administers a sanctions program;
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- to impersonate or attempt to impersonate the Company, a Company employee or contractor, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- use any device, software or routine that interferes with the proper working of the Website.
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain contact forms, message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) which may allow users to post, submit, publish, display or transmit to Company, other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers and Kingfish Bay Owners Association, and each of their and our respective licensees, successors and assigns the perpetual, royalty-free, freely assignable, worldwide right to use, reproduce, copy, modify, perform, display, publish distribute and otherwise disclose to third parties or any other persons such material for any purpose.
You represent and warrant that:
- you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers and each of the other persons referenced, and each of their and our respective licensees, successors and assigns;
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website;
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, applicable law, or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website, including, without limitation through any contact form submission. YOU HEREBY RELEASE, WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS AND KINGFISH BAY OWNERS ASSOCIATION, TOGETHER WITH EACH OF ITS OR THEIR REPRESENTATIVES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PERSONS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, of a sexual nature, contains nudity, or is otherwise objectionable;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- promote any illegal activity, or advocate, promote or assist any unlawful act;
- cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
- give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, homeowners, residents, bloggers and third-party licensors, syndicators, aggregators, reporting services and/or other persons. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content authored by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.
Elevations, home plans and other content on this website are conceptual and for informational use only. Square footage and other dimensions are approximate.
Homes are sold without furniture. The Developer reserves the right to make any changes at any time to prices, models, plans, sizes, dimensions, or other content, whatsoever. Photos displayed on the Website may be representational and may not be the exact home, model or other subject matter referenced in the posting, and persons shown in the photos may not live at Kingfish Bay Development. Floorplans shown, or referenced on the Website are not drawn to scale and are representational only. Company reserves the right, within its entire discretion, to change any floorplan or model, or to discontinue or reintroduce any of the foregoing, at any time, with or without notice.
All sales of homes are entirely within Company’s discretion and are subject to written contract on terms acceptable to Company. Company reserves the right not to accept any offers to purchase, and/or to refuse to sell, or grant access to the Development to any person, for any reason, within Company’s sole discretion.
Nothing on the Website, any social media platform, page or profile, third party platform (for example, Zillow or the MLS) or any advertisements constitutes an offer to purchase, sell or have constructed any home, and Company may change any content at any time with, or without notice, including, without limitation change, withdraw or remove any pricing or any home or model listed.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material, nor are responsible for any inaccuracies or omissions.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Website may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on this Website;
- send e-mails or other communications with certain content, or links to certain content, on this Website;
- cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites; or
- share the Website or pages on it to your social media pages or profiles.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- establish a link on any platform, page, profile or website that is not owned by you;
- cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, platform, page or profile;
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of North Carolina in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files or other content capable of being downloaded from the internet or the Website, any platform, page or profile or advertisement will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ANY PLATFORM, PAGE OR PROFILE OR ADVERTISEMENT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR THEM, OR ON ANY WEBSITE LINKED TO IT OR THEM.
YOUR USE OF THE WEBSITE, ANY PLATFORM, PAGE OR PROFILE OR ANY ADVERTISEMENT, ITS OR THEIR CONTENT AND ANY AND ALL SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR PLATFORM, PAGE OR PROFILE OR ADVERTISEMENT IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, ANY PLATFORM, PAGE OR PROFILE OR ADVERTISEMENT ITS OR THEIR CONTENT AND ANY AND ALL SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, PLATFORM, PROFILE OR PAGE OR ADVERTISEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY, KINGFISH BAY OWNERS ASSOCIATION NOR ANY PERSON ASSOCIATED WITH THEM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ANY PLATFORM, PROFILE OR PAGE OR ADVERTISEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, KINGFISH BAY OWNERS ASSOCIATION, NOR ANYONE ASSOCIATED WITH THEM REPRESENTS OR WARRANTS OR PROVIDES ANY GUARANTEE THAT THE WEBSITE, OR ANY PLATFORM, PROFILE OR PAGE OR ADVERTISEMENT, ITS OR THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR OTHERWISE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, THIRD PARTY HOSTED PLATFORMS, PAGES OR PROFILES OR ADVERTISEMENTS, OR THE SERVERS THAT MAKE IT OR THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, PLATFORM, PROFILE OR PAGE OR ADVERTISEMENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, PLATFORM, PROFILE OR PAGE OR ADVERTISEMENTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, KINGFISH BAY OWNERS ASSOCIATION, ITS OR THEIR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, MEMBERS, DIRECTORS CONSULTANTS, OR PROFESSIONAL ADVISORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY PLATFORM, PROFILE OR PAGE OR ADVERTISEMENT, ANY WEBSITES, PLATFORMS, PROFILES OR PAGES LINKED TO IT OR ANY OF THEM, ANY CONTENT ON THE WEBSITE, PLATFORM, PROFILE OR PAGE OR ADVERTISEMENT OR SUCH OTHER WEBSITES, PLATFORMS, PROFILES OR PAGES OR ADVERTISEMENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ANY PLATFORM, PROFILE OR PAGE OR ADVERTISEMENT OR SUCH OTHER WEBSITES, PLATFORM,S PROFILES OR PAGES OR ADVERTISEMENTS, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This Website is operated by:
Kingfish Bay Development, LLC
7122 Beach Drive SW
Ocean Isle Beach, North Carolina, 28469.
All feedback, comments, complaints, requests for technical support, and other communications relating to the Website should be directed to: