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Terms of Service

Effective Date: January 1, 2025
Last Updated: February 21, 2025

Welcome to Molaya Bay Resort & Residences ("Molaya Bay," "we," "our," or "us"). By accessing or using our website www.molayabay.com (the "Website"), social media pages, or any related services (collectively, the "Services"), you agree to comply with and be bound by these Terms of Use. If you do not agree with these terms, you should not access or use our Services.

1. Use of the Website & Services

  • You must be at least 18 years old to use our Services.

  • You agree to use our Website and Services only for lawful purposes and in accordance with these Terms.

  • You may not misuse, disrupt, or interfere with the security, functionality, or operation of our Website and Services.

  • We reserve the right to suspend or terminate access to any user who violates these Terms or engages in any fraudulent or harmful activities.

2. Intellectual Property

  • All content, including but not limited to text, graphics, logos, images, videos, and software, is the exclusive property of Molaya Bay and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, or create derivative works from our content without prior written consent.

3. User Submissions & Communications

  • If you submit personal information, inquiries, or feedback through our lead capture forms, emails, or social media pages, you grant us permission to use this information to provide services, respond to inquiries, and send marketing materials (subject to your opt-out preferences).

Any information submitted must be truthful, accurate, and not violate any laws or third-party rights.

4. Third-Party Links & Services

  • Our Website may contain links to third-party websites and services. These links are provided for convenience only.

  • We do not endorse, control, or assume responsibility for any third-party websites, their content, or their privacy practices.

5. Limitation of Liability

  • Molaya Bay and its affiliates are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Website or Services.

  • We do not guarantee that our Website will be free from errors, interruptions, or security breaches, although we take reasonable measures to ensure functionality and security.

Your sole remedy for dissatisfaction with our Website or Services is to stop using them.

6. Indemnification

You agree to indemnify and hold harmless Molaya Bay, its affiliates, officers, directors, employees, and partners from any claims, losses, damages, liabilities, and legal expenses that arise from:

  • Your use or misuse of our Services.

  • Your violation of these Terms of Use.

  • Any claims by third parties related to your use of our Website or Services.

7. Changes to These Terms

We may update these Terms of Use from time to time. Any changes will be posted on this page with a revised "Last Updated" date. If material changes occur, we will notify users via email or a notice on our Website. Your continued use of our Services constitutes acceptance of the updated Terms.

8. Governing Law & Dispute Resolution

  • These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, USA.

  • Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in Fort Lauderdale, Florida, except where prohibited by law.

You waive any right to participate in a class-action lawsuit against us.

9. Termination

  • We reserve the right to terminate or suspend access to our Website and Services at any time, without prior notice, for any reason, including a breach of these Terms.

  • Provisions related to intellectual property, limitations of liability, indemnification, and governing law shall survive termination.

9. Termination

  • For any questions or concerns regarding these Terms of Use, please contact us at:

  • Southern Winds Capital Inc. DBA Molaya Bay Resort & Residences
    6700 N Andrews Ave, Suite 203
    Fort Lauderdale, FL 33309-2203
    Email: abdiel@southernwindscapital.com
    Phone: (321) 341-6172

  • By using our Website, social media pages, or any Services, you acknowledge and agree to these Terms of Use.

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