Terms of Use

Terms of Use

Welcome to FIDDLER’S CREEK®. The following websites are owned and operated by 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”.

Please read carefully the following terms of use (“Terms of Use”) before using any Fiddler’s Creek Website. Your access to and use of any Fiddler’s Creek Website is subject to these Terms of Use (including the Privacy Policy, and all applicable laws). By using or visiting any Fiddler’s Creek Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use any Fiddler’s Creek Website.

These Terms of Use may be modified or amended, or new conditions may be imposed, at any time, and replaces all previous terms of use, and cannot be modified orally by any of Fiddler’s Creek, LLC’s representatives, employees or officers. Any such changes or additions will be reflected by an update of this posting. Please check the Terms of Use periodically for such changes. Your continued use of a Fiddler’s Creek Website following the posting of changes to these terms will mean you accept those changes. Fiddler’s Creek, LLC reserves the right to, at any time, impose limits on certain features and services or restrict your access to parts, or the entirety, of any Fiddler’s Creek Website without notice or liability.

Use of Materials on Fiddler’s Creek Websites.

Fiddler’s Creek Websites include written materials, photos, images, trademarks, logos and other intellectual property and proprietary materials which are either owned by, or otherwise made available by permission, to Fiddler’s Creek, LLC. Except as provided in these Terms of Use, no materials contained in the Fiddler’s Creek Websites may be reproduced, republished, uploaded, copied, transmitted, distributed, publicly displayed or otherwise used, without the written permission of Fiddler’s Creek, LLC or the owner. All trademarks and logos found on Fiddler’s Creek Websites are either owned by, licensed to, or made available by permission to Fiddler’s Creek, LLC, and may not be used without the express written permission of Fiddler’s Creek, LLC or the owner thereof. Renderings and images of people or places displayed on Fiddler’s Creek Websites are either the property of, or used with permission by, Fiddler’s Creek, LLC. Use of these images is prohibited without the express written permission of Fiddler’s Creek, LLC or the owner thereof. Any unauthorized use of the renderings or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes. Fiddler’s Creek, LLC neither warrants nor represents that your use of materials displayed on any Fiddler’s Creek Website will not infringe the rights of third parties.

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.

Privacy Policy.

Information on the Internet may find its way to recipients to whom it is not intended or persons you may not want to have such information. This is beyond the control of Fiddler’s Creek, LLC, and you are advised that such transmission may not be secure. Fiddler’s Creek, LLC will use your information for market research purposes, development of prospect lists and project planning, offering you a property in one of our villages or other projects, and you are advised that communications and materials transmitted by you may not be secure. Also, communications and materials transmitted to a Fiddler’s Creek Website by electronic mail or otherwise, including any data, questions, comments, or suggestions, is and will be treated as, non‐confidential and non‐proprietary. Communications and materials transmitted or posted shall become the property of Fiddler’s Creek, LLC and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. The use of a Fiddler’s Creek Website constitutes your permission for such uses. Fiddler’s Creek Websites are designed to inform and familiarize you with our company, homes, villages and other projects. Fiddler’s Creek Websites are not intended to constitute an offer or solicitation. Offers to buy or sell property may be made only through the respective sales offices of the builders.

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.

Tarpon Club and Golf Club. 

The Tarpon Club and The Golf Club at Fiddler’s Creek (the “Golf Club”) are not Recreational Property or Common Areas.  The Tarpon Club and Golf Club facilities are privately owned and operated by affiliated companies of the Seller and administered according to, among other documents, the membership plans and rules and regulations promulgated by the respective owners thereof and amended from time to time (the “Membership Documents”).  The owners of the Tarpon Club and the Golf Club have the exclusive right to determine from time to time, in their sole discretion and without notice or approval of any change, how and by whom these private facilities shall be used, if at all, to reserve use rights, to terminate any or all use rights, and to change, alter, eliminate or cease operation of any or all of these facilities. Ownership of property in Fiddler’s Creek or membership in the Fiddler’s Creek Foundation, Inc. (the “Foundation”) does not give any vested right or easement, prescriptive or otherwise, to the use of the Tarpon Club or Golf Club facilities nor any other future club facility which may be established and does not grant any ownership or membership interests therein.  Ownership of property in Fiddler’s Creek only entitles the property owner to social membership in the Foundation, subject to payment of assessments, fees and charges established from time to time, as more fully described in the Amended and Restated Declaration of General covenants, Conditions and Restrictions for Fiddler’s Creek.    

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.

Liability Disclaimer. 

Information on any Fiddler’s Creek Website may contain inaccuracies or typographical errors. Information may be changed or updated without notice. Anyone who prints, downloads, copies or otherwise communicates information from a Fiddler’s Creek Website is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated; and further agrees to hold Fiddler’s Creek, LLC and its affiliates, and their managers, members, partners, officers, directors, contractors, professionals, licenses, agents, employees and/or assigns, harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use. In no event shall Fiddler’s Creek, LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of any Fiddler’s Creek Website, whether based in contract, tort, strict liability or otherwise, even if Fiddler’s Creek, LLC had been advised of the possibility of damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

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.