Terms of Use

Terms of Use

YOUR USE OF THIS WEBSITE (the “Site”) CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW (the “Terms”). These website Terms of Use (“Terms of Use”) describe the terms pursuant to which BBF Cooper Jack Ltd., a Turks and Caicos limited liability company (referred to in these Terms of Use as the “Company,” “we,” “us” and “our”) provides you with our website located at [www.TheStrandTCI.com] and any of our other websites which display these Terms of Use (collectively, 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 at any time at www.TheStrandTCI.com.

By using this Site, you agree to these terms. If you do not agree to these terms, please do not use this Site.

Notices and Disclaimers

The project materials and content provided via the Site are provided by BBF Cooper Jack Ltd., a Turks and Caicos limited liability company, its subsidiaries, affiliates and related entities (collectively, 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 Strand Turks and Caicos, a residential resort (the “Resort”) 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 All items are subject to modification, change and/or being withdrawn at any time in the sole discretion of BBF Cooper Jack Ltd., a Turks and Caicos limited liability company. Nothing on this Site is intended as an offer to sell, or solicitation to buy to residents of any jurisdiction where prohibited by law, and your eligibility to purchase will depend on your state or country of residency.

The project graphics, renderings and text provided herein are copyrighted works owned by the Developer. All rights reserved. Unauthorized reproduction display or other dissemination of such materials is strictly prohibited and constitutes copyright infringement. No real estate broker is authorized to make any representations or other statements regarding the 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. Please refer to the Developer’s official project brochures, sales materials and the documents furnished by the Developer pursuant to applicable laws for information regarding the Resort.

The project names, trade names and trademarks appearing on this Site (collectively, “Trademarks”) are service marks and trademarks of the Company and/or its affiliates, third party licensors, business partners or other third parties. Nothing contained on this Site or in these Terms 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 any project name or Trademarks is acquired by purchasing any interest in any project.

 With respect to any and all communications sent by you or otherwise made to the Company or to any Developer, including, without limitation, feedback, questions, comments and suggestions (“Communications”): (a) no right of confidentiality shall apply to Communications and we shall have no obligation to protect Communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute Communications to others; and (c) we 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 Company or any Developer that contain confidential, private or personal information so do entirely at their own risk.

THE INFORMATION AND MATERIALS CONTAINED IN THE SITE ABOUT THE COMPANY, ALL PHOTOS, RENDERINGS, PLANS, PRICES, LAND USES, IMPROVEMENTS, AMENITIES, DIMENSIONS, SPECIFICATIONS, MATERIALS AND AVAILABILITY DEPICTED IN THE SITE OF THE RESORT OR OF ANY COMPANY OR DEVELOPER PROPERTIES 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.

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 WE BELIEVE THESE MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. 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 THE COMPANY’S AND DEVELOPER’S AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE.

THE SITE MAY CONTAIN INFORMATION AND PRESS RELEASES ABOUT AND BY THE COMPANY. ALTHOUGH THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED BY THE COMPANY, THE COMPANY DISCLAIMS ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION. TO THE EXTENT THAT ANY INFORMATION IS DEEMED TO BE A “FORWARD LOOKING STATEMENT” AS DEFINED IN THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995, THIS INFORMATION IS INTENDED TO FIT WITHIN THE “SAFE HARBOR” PROVIDED THEREIN. FORWARD LOOKING STATEMENTS ARE NOT GUARANTEES OF PERFORMANCE. YOU ARE CAUTIONED NOT TO PLACE UNDUE RELIANCE ON FORWARD LOOKING STATEMENTS, WHICH SPEAK ONLY AS OF THE DATE MADE. THE SITE IS NOT INTENDED TO MAKE ANY INVESTMENT REPRESENTATIONS ABOUT THE COMPANY OR ITS AFFILIATES AND SHOULD NOT BE VIEWED AS SUCH.

NO WARRANTIES OR REPRESENTATIONS ARE MADE ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE RESORT, THE CONTENT OF ANY SERVICE LINKED TO THE SITE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE RESORT OR LINKED TO BY THE SITE. NEITHER WE NOR ANY DEVELOPER ASSUMES LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY, INCLUDING INJURIES RELATING TO PRIVACY OR DATA INTERESTS, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION COLLECTED BY US AND/OR 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.

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 permits and approvals for same. They should not be relied upon as representations, express or implied, of the final detail of the Resort. 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. 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. Dimensions, ceiling heights and square footage are approximate and may vary with actual construction. Renderings depict proposed views, which are not identical from each residence. Any view from any residence 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. No guarantees or representations whatsoever are made that 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.

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

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved (see Section 7 below).

Additional Terms

1. Updates to these Terms of Use. We may, in our absolute discretion, modify these Terms of Use, and any policies or agreements which are incorporated herein, from time to time. Any changes or modifications shall be effective immediately upon posting to this Site. 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.

2. Privacy Policy. In connection with your use of the Site, please review our 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.

3. Affirmative Representations Regarding Your Use of the Site. When you use the Site, you represent that: (A) the information you submit is truthful and accurate; (B) your use of the Site and your use of services available on the Site do not violate any applicable law or regulation; (C) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Use; (D) you have full rights to enter into and perform your obligations under these Terms of Use; .

4. Our Intellectual Property Rights. To the best of the Company’s knowledge, all of 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 United States and foreign 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. You further agree that you will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through, the Site or any software used by the Company.

5. Our Management of the Site; User Misconduct

A. 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; (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; (iv) screen our users, or attempt to verify the statements of our users; and/or (v) monitor disputes between you and other users or to terminate or block you and other users for violating these Terms of Use. If it is determined that you are violating these Terms of Use, attempting to violate these Terms of Use, or are associated with someone attempting to violate these Terms of Use, the Company reserves the right to deny you access and pursue any other claims, rights, or remedies.

B. 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.

6. Third Party Sites. The Site may contain links to other websites owned or operated by third parties (“Third Party Sites”). The Company has not and has no obligation to review the Third Party Sites, including reviewing the goods or services made available through Third Party Sites. The availability of these links on the Site does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. The Company is not responsible for any representations made by any such development entities or other third parties, nor for any personal information collected, stored, or used by any third party as a result of you visiting a Third Party Site. THESE TERMS OF USE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SITE, YOU SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITE.

7. Legal Disputes and Applicable Law – Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

A. Initial Dispute Resolution. We are available by email at marketing@thestrandtci.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 commercially reasonable 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.  Where the parties are unable to resolve any such dispute within fourteen (14) days of notification, either party may thereafter take such further action as is permitted pursuant to the laws of the Turks and Caicos Islands.

B. Exclusive Venue for Litigation. The parties agree that any litigation between them shall be filed exclusively and the parties expressly consent to exclusive jurisdiction in the Supreme Court of the Turks & Caicos Islands.

C. Applicable Law. You agree that the laws of the Turks & Caicos Islands, 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.

D. IN NO EVENT SHALL THE COMPANY OR ANY DEVELOPER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

8. 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 costs, expert witness’ fees, and 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.

9. Independent Contractors. Nothing in these Terms of Use shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

10. 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.

11. 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.

12. Assignment. We may assign our rights under these Terms of Use without your approval.

13. 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.

14. Contact Information. If you have any questions about these Terms of Use, please contact us marketing@thestrandtci.com.

WE ARE PLEDGED TO THE LETTER AND SPIRIT OF U.S. POLICY FOR THE ACHIEVEMENT OF EQUAL HOUSING THROUGHOUT THE NATION. 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.

All contents of the Site are: Copyright © 2020 BBF Cooper Jack Ltd. All rights reserved. None of the content of the Site may be copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of BBF Cooper Jack Ltd.