Legal Disclaimer

Disclaimer

ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.

The St. Regis Sunny Isles Beach (the “project”) is owned, and is being developed, offered and sold by the La Playa Beach Associates, LLC (“Developer”) and not by Marriott International Inc., or its affiliates (“Marriott”) or any of its affiliates (collectively, “Marriott”), and Marriott is not affiliated with or related to the Developer. Marriott is not responsible for any of the content on this Site.

Marriott, through an affiliated entity, has granted to Developer a limited right to use certain intellectual property, including, the St. Regis ® mark (the “Licensed Marks”) in connection with the project. If such rights are terminated, all use of the Licensed Marks in connection with the project will terminate. There are no guarantees or assurances that the rights to use the Licensed Marks will remain in effect for any particular period of time, and therefore the are no guarantees or assurances that the Licensed Marks will continue to be associated with the project.

Any and all statements, disclosures and/or representations shall be deemed made by Developer and not by Marriott and you agree to look solely to the Developer (and not to Marriott) with respect to any and all matters relating to the marketing and/or development of the project condominium and with respect to the sales of units in the project condominium.

Marriott has no responsibility or liability to any party regarding the offering, sale, development or construction of the project. Marriott has not confirmed the accuracy of any marketing, offering or sales materials, prospectus, offering circulars or other similar documents provided or used by the Developer. Marriott is not part of or an agent for the Developer and is not acting as broker, finder or agent in connection with the offer or sale of the units at the project. Purchasers shall have no right to use or interest in the Licensed Marks. Purchasers will be required to acknowledge that their decision to enter into a purchase agreement for purchase of a unit at the project was not based on the continued relationship with BRAND or the existence, use or availability of the Licensed Marks in connection with the project or the condominium.

You waive and release Marriott as well as La Playa Beach Associates, LLC from and against any liability with respect to or in any way relating to: (I) any representations or defects or any claim whatsoever, relating to the marketing, offering, sale, design, construction or management of the project or any unit therein, or the condominium, (II) the termination of the rights to use the Licensed Marks for any reason, and (III) termination and cessation at or in relation to the project or the condominium of use of the Licensed Marks. Nothing herein shall limit or impair the rights of a purchaser against the Developer under Florida Statutes, Section 718.506.

The project materials and content provided via the Site are provided by 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 project being developed by the Developer 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 the Developer without notice.

Nothing on this Site is intended as an offer to sell, or solicitation of offers to buy, condominium units in any jurisdiction where such offer or solicitation cannot be made or are otherwise prohibited by law, and your eligibility to purchase will depend on your state of residency. Such an offering shall only be made pursuant to the offering documents for the condominium and no statements should be relied upon unless made in the offering documents or in the applicable purchase agreement. In no event shall any solicitation, offer or sale of a unit in the condominium be made in, or to residents of, any state or country in which such activity would be unlawful. This is not an offer to sell nor a solicitation to purchase a condominium unit directed to any person where such an offer or solicitation is prohibited by law unless the condominium is registered if required or exempt. No real estate broker or salesperson is authorized to make any representations or other statements regarding this 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.

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

All plans, features and amenities depicted herein are based upon preliminary development plans and are subject to change without notice in the manner provided in the offering documents. No guarantees or representations whatsoever are made that any 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. 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 federal, state and local permits and approvals for same. 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. All such materials are not to scale and are shown solely for illustrative purposes.

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. Consult your agreement and the offering documents for the items included with the units. Dimensions, ceiling heights and square footage are approximate and may vary with actual construction. Images and renderings are not to scale and are shown solely for illustrative purposes. Renderings depict proposed views, which are not identical from each unit. Any view from any unit of from other portions of the property may in the future be limited or eliminated by future development or circumstances or events beyond our control and the Developer in no manner guarantees the continuing existence of any view.

Interior photos shown may depict options and upgrades and are not representative of standard features and may not be available for all model types. All fixtures, furniture and items of finish and decoration of units described herein are for display only and may not to be included with the unit, unless expressly provided in the purchase agreement.

Because wood is a natural product, every piece has a unique color and appearance, and every wood product will have its own distinctive visual character. Photographs, samples and website images can offer an impression of the product, but they may not be representative of the full range of color, knots, texture and grain variations which can exist in the product itself as installed. Wood is subject to weathering and fading and as such the coloration may vary over time. Additionally, wood products will acclimate to the temperature and humidity and seasonal expansion and contraction of wood products is to be expected, as wood is a product of nature and will expand and contract with changes in humidity and temperature. Gaps often appear between boards during colder periods and tighten in warmer temperatures. Minimizing heat and humidity fluctuations is required to preserve the condition of the wood. Even under ideal conditions, wood is subject to warping, bowing and cupping.

Ceiling heights are measured from top of slab to top of slab. As a result, actual clearance between the top of the finished floor coverings and the underside of the finished ceiling, drop ceiling or soffits will be less. All ceiling heights are approximate and subject to change.

Any and all references to and/or renderings of other proposed projects or nearby facilities depicted are proposed only, are not constructed, and are not being developed by the Developer. As such, the Developer has no control over those projects or facilities and there is no guarantee that they will be developed, or if so, when and what they will consist of. The information provided herein regarding other proposed projects or facilities depicted was obtained from newspaper articles and other public information and Developer makes no representations as to same.

Restaurants and other business establishments and/or any operators of same referenced on the Site are subject to change at any time, and no representations regarding restaurants, businesses and/or operators within the project may be relied upon. Restaurants, and/or other business establishments, are anticipated to be operated from the commercial components of the project which may be offered for sale to third parties. Except as may be otherwise provided in the offering materials, the use of the commercial spaces will be in discretion of the purchasers of those spaces and there is no assurance that they will be used for the purposes, and/or with the operators, named herein.

The project graphics, renderings and text provided herein are copyrighted works owned by or licensed to the Developer or an affiliate thereof. All rights reserved. Unauthorized reproduction, display or other dissemination of such materials is strictly prohibited and constitutes copyright infringement. Please refer to the Developer’s official project brochures and materials and the documents furnished by the Developer pursuant to state law for information regarding the project. This Site may contain or reference trademarks, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of the Developer and/or third parties. No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of the Company or the Developer and/or third parties is granted to or conferred upon you. Nothing contained on this Site or in these Terms of Use 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 the project name or trademarks is acquired by purchasing any unit or interest in the project.

With respect to any and all communications sent or otherwise made to the Company or the Developer, including, without limitation, feedback, questions, comments and suggestions (“Communications”), unless otherwise required by applicable law: (a) no right of confidentiality shall apply to Communications and neither the Developer nor any of their affiliates shall have any obligation to protect Communications from disclosure; (b) the Developer and its affiliates shall be free to reproduce, use, disclose and distribute Communications to others; and (c) the Developer and its affiliates 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 to send us only 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 Developer or its affiliates that contain confidential, private or personal information do so entirely at their own risk.

Renderings and other materials depict views which are not identical from each unit, and depictions of surrounding areas which are for conceptual purposes only, which are not entirely accurate, which may change from time to time, and which may be may be substantially altered or eliminated by future development, forces of nature, or otherwise. Any adjacent green space areas or other areas depicted or described herein do not reflect currently existing, proposed or potential improvements for such sites or any surrounding areas and developer makes no representations as to the present or future accuracy of, nor shall buyers rely upon, any such renderings or other materials.

Stated dimensions are measured to the exterior boundaries of the exterior walls and the centerline of interior demising walls and in fact vary from the dimensions that would be determined by using the description and definition of the “Unit” set forth in the Declaration (which generally only includes the interior airspace between the perimeter walls and excludes interior structural components). Additionally, measurements of rooms set forth on any floor plan are generally taken at the greatest points of each given room (as if the room were a perfect rectangle), without regard for any cutouts. Accordingly, the area of the actual room will typically be smaller than the product obtained by multiplying the stated length times width. All dimensions are approximate, and all floor plans and development plans are subject to change. This is not intended to be an offer to sell, or solicitation to buy, condominium units in any other jurisdiction where prohibited by law, and your eligibility for purchase will depend upon your state of residency. This offering is made only by the prospectus for the condominium and no statement should be relied upon if not made in the prospectus. The sketches, renderings, graphic materials, plans, specifications, terms, conditions and statements contained in this brochure are proposed only, and the Developer reserves the right to modify, revise or withdraw any or all of same in its sole discretion and without prior notice. These drawings and depictions are conceptual only and are for the convenience of reference. They should not be relied upon as representations, express or implied, of the final detail of the residences. The developer expressly reserves the right to make modifications, revisions, and changes it deems desirable in its sole and absolute discretion. All depictions of furnishings, finishes, 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. Consult your Agreement and the Prospectus for the items included with the 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.

Any images of a competed building are artists renderings incorporating the proposed building into the existing skyline. As depicted in the developers brochures or on this Site, sketches, renderings, graphics, plans, specifications, services, amenities, terms, conditions and statements contained in this brochure are proposed only, and the Developer reserves the right to modify, revise or withdraw any or all of same in its sole discretion and without prior notice.

Equal Housing Opportunity

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.

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

THE SITE MAY CONTAIN INFORMATION AND PRESS RELEASES ABOUT AND BY THE DEVELOPER. ALTHOUGH THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED BY THE DEVELOPER, THE DEVELOPER 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 DEVELOPER OR ITS AFFILIATES AND SHOULD NOT BE VIEWED AS SUCH.

NOTHING CONTAINED IN THIS WEBSITE IS INTENDED OR SHALL BE DEEMED TO BE AN OFFER TO SELL REAL ESTATE OR REAL ESTATE SECURITIES TO RESIDENTS OF THE STATE OF NEW YORK. IN FURTHERANCE OF THE FOREGOING, PPG WG SHELL BAY CONDO LLC, A DELAWARE LIMITED LIABILITY COMPANY (“SPONSOR” OR “DEVELOPER”), SPONSOR HEREBY DISCLOSES THE FOLLOWING: (A) NEITHER SPONSOR, NOR ITS PRINCIPAL(S) TAKING PART IN THE PUBLIC OFFERING OR SALE ARE INCORPORATED IN, LOCATED IN, OR RESIDENT IN THE STATE OF NEW YORK, (B) THE OFFERING IS NEITHER MADE IN THE STATE OF NEW YORK NOR MADE TO THE RESIDENTS OF THE STATE OF NEW YORK, (C) THE OFFERING IS NOT DIRECTED TO ANY PERSON OR ENTITY IN THE STATE OF NEW YORK BY, OR ON BEHALF OF, SPONSOR OR ANYONE ACTING WITH SPONSOR’S KNOWLEDGE; AND (D) NO OFFERING OR PURCHASE OR SALE OF THE SECURITY OR ANY UNIT SHALL TAKE PLACE AS A RESULT OF THIS OFFERING IN NEW YORK OR WITH A RESIDENT OF THE STATE OF NEW YORK, UNTIL ALL REGISTRATION AND FILING REQUIREMENTS UNDER THE MARTIN ACT AND THE NEW YORK ATTORNEY GENERAL’S REGULATIONS ARE COMPLIED WITH; A WRITTEN EXEMPTION IS OBTAINED PURSUANT TO AN APPLICATION IS GRANTED PURSUANT TO AND IN ACCORDANCE WITH COOPERATIVE POLICY STATEMENTS #1 OR #7; OR A “NO-ACTION” REQUEST IS GRANTED.