Welcome to FIDDLER’S CREEK®. The following websites are owned and operated by the Fiddler’s Creek, LLC and its affiliates (collectively “Fiddler’s Creek”). For purposes of this website, references to Fiddler’s Creek include its affiliates: www.fiddlerscreek.com; www.marcoresort.com; www.marcobeachoceanresort.com; www.sale-e-pepe.com. Each such website shall be individually referred to herein as a “Fiddler’s Creek Website”, and collectively as, “Fiddler’s Creek Websites”.
All images, designs and features depicted in renderings are shown solely for illustrative purposes. Renderings may not depict the location, type, size and nature of certain items of their view, perspective or scale, which may have been altered in the rendering for purposes of marketing and promotion. No guarantees or representations whatsoever are made by Fiddler’s Creek, LLC regarding existing or future views from a residence or from other portions of the property. All depictions of furniture, appliances, fixtures, counters, soffits, floor coverings and other matters of detail in the renderings, including items of finish and decoration, are conceptual only and are not included with the residence unless expressly specified in the standard features exhibit to the purchase agreement. No guarantees or representations are made that the materials and features depicted by the renderings will be provided, or, if provided, will be of the same type, size or nature as depicted.
No Reliance on Oral Representations. For all prospective purchasers of condominium units being sold by Fiddler’s Creek, LLC and its affiliates, ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THE PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS, AND TO THE DOCUMENTS REQUIRED BY SECTION718.503, FLORIDA STATUTES, TO BE FURNISHED TO A BUYER OR LESSEE. OBTAIN THE PROPERTY REPORT REQUIRED BY FEDERAL LAW AND READ IT BEFORE SIGNING ANYTHING. NO FEDERAL AGENCY HAS JUDGED THE MERITS OR VALUE, IF ANY, OF THIS PROPERTY. Your decision to buy in a Fiddler’s Creek® community must be based solely upon your examination of the purchase contract, village and community documents, and other written material supplied by the seller, and your purchase was not based upon any representation, warranty, statement or conduct of Fiddler’s Creek, LLC or the listing real estate broker, nor upon any future obligation or opportunity to be a member or join either a yacht club or other facility or a private golf and country club.
Status of Facilities and Amenities. All prices, plans, dimensions, specifications, materials and availability in any Fiddler’s Creek® development are subject to change without notice or obligation. Fiddler’s Creek, LLC does not guarantee the obligations of unaffiliated builders who may build and sell homes in Fiddler’s Creek. All club facilities and amenities as presently proposed are not complete (and completion is neither warranted nor guaranteed) nor will all proposed facilities and amenities be located within the property encompassed in the Fiddler’s Creek® Planned Unit Development. Ownership of property within Fiddler’s Creek® does not entitle an owner to any right, title, interest, or otherwise to use all planned club facilities, but rather an opportunity to join, subject to club approval and the payment of assessments, deposits, fees, and applicable regulations.
Floor Plans and Pricing. Floor plans and some elevations are artist’s renderings and may contain options, which are not standard on all models. Fiddler’s Creek, LLC or the approved builder reserves the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as a representation of the home’s exact size. The specific features in a home or unit may vary from home to home, and from unit to unit. Fiddler’s Creek, LLC or the approved builder reserves the right to substitute equipment, materials, appliances, and brand names with items of equal or higher, in our sole opinion, value. Color and size variations may occur. The prices of homes, lots and units, as well as standard features and available locations, are subject to change without notice. Prices shown refer to the base home or unit and do not include any optional features. Photos and/or drawings of homes and units may show upgraded features and may not represent the lowest-priced home or unit in the represented village. Pricing also does not include the value, if any, of a possible potential for membership in either a yacht club facility or other facility or a private golf and country club. Please see the actual home, lot or unit purchase contract, standard feature lists, village and community documents, and other governing documents containing additional information, disclosures, and disclaimers relating to the home, lot or unit.
Disclosures. Prospective purchasers must read and sign, prior to the execution of a purchase contract, a real property sales disclosure, a Fiddler’s Creek® disclosure summary and a specific village disclosure summary, all of which should be attached to the purchase contract. Also, in various Fiddler’s Creek® villages, if you purchase a residence from an approved builder, Fiddler’s Creek, LLC, or one of its affiliates, may be entitled to a marketing fee and/or brokerage commission from the approved builder which may be paid by the approved builder or charged to the purchaser. Prospective purchasers should check with their approved builder as to payment and the amount of this fee/commission.
Conceptual Master Site Plan and Village Map Disclaimers. All features, amenities, parking and availability shown on the site plans and village maps are conceptual, and Fiddler’s Creek, LLC reserves the right to modify these site plans and maps, all without notice, including the right to make changes to designs and to build more or fewer homes or units than currently planned. The zoning or land use reflected on the properties surrounding Fiddler’s Creek® and other villages therein are, to the best of its knowledge, accurate at this time, but Fiddler’s Creek, LLC does not represent that such zoning or land use may not change in the future.
Warranties and Conditions. Everything on a Fiddler’s Creek Website is provided to you “AS IS. ” FIDDLER’S CREEK, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY FIDDLER’S CREEK WEBSITES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE IMPOSED BY STATUTE IN CONNECTION WITH THE HOME OR UNIT.
Equal Housing Opportunity. Fiddler’s Creek, LLC is pledged to the letter and spirit of the U.S. policy for the achievement of equal housing throughout the nation. We encourage and support affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin. EQUAL HOUSING OPPORTUNITY.
Copyright. All Fiddler’s Creek Websites and all materials contained therein, including but not limited to all text, graphics, pictures, photographs, images, line art, icons, renderings, elevations and floor plans, are copyrighted and may not be distributed, modified, or reproduced in whole or in part without the prior written permission of Fiddler’s Creek, LLC. The pictures and images from a Fiddler’s Creek Website may not be reproduced in any form without the prior advance written consent of Fiddler’s Creek, LLC or the owner. All Fiddler’s Creek Websites and materials referenced therein are protected by federal law against unauthorized copying and reproduction. The layout and presentation of all Fiddler’s Creek Websites are also protectable trade dress under applicable federal law. Copying of Fiddler’s Creek, LLC’s trade dress is strictly prohibited. Any use, reproduction or distribution of any material from a Fiddler’s Creek Website, without the express written permission of Fiddler’s Creek, LLC or the owner, is expressly prohibited. You are advised that Fiddler’s Creek, LLC actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Trade and Service Marks. The Registered Trade Marks or Service Marks of Fiddler’s Creek, LLC and its affiliates, or any approved builder and its affiliates, are either service marks or registered trade and service names of Fiddler’s Creek, LLC or the approved builder. The absence of a company or service name or logo from this list does not constitute a waiver of any service mark or other intellectual property rights. All other products and company names mentioned in the Fiddler’s Creek Websites may be marks of Fiddler’s Creek, LLC or an approved builder. The unauthorized use of any trade or service mark displayed on any Fiddler’s Creek Website is strictly prohibited.
Miscellaneous. By using any Fiddler’s Creek Website and any information on such website, the user submits to the exclusive jurisdiction of the state courts of Collier County or federal court (Middle District) located in the State of Florida to resolve disputes of any kind arising out of user’s reliance on the information on such Fiddler’s Creek Website, or any interaction with Fiddler’s Creek, LLC involving a Fiddler’s Creek Website.
Fiddler’s Creek, LLC may at any time revise these terms and conditions contained by updating a Fiddler’s Creek Website. You are bound by any such revision and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.
Thank you for taking the time to read all of this important information.