Welcome to our website. By accepting our invitation to enter this website, you are agreeing to the Terms and Conditions described below.
This website tells you about the plans for a proposed hotel to be known as The Westin St. Maarten Dawn Beach Resort & Spa, and condominium development to be known as The Westin St. Maarten Dawn Beach Residences. The proposed hotel and development are under construction at Dawn Beach in Dutch St. Maarten, Netherlands Antilles. The real estate lies outside the territorial boundaries of the United States.
This website is hosted by Babitbay Beach Development Corporation B.V. Babitbay Beach Development Corporation B.V. uses the Westin® trademarks and trade names under a license from Westin International Services Company. The Westin St. Maarten Dawn Beach Residences are not owned, developed or sold by Starwood Hotels & Resorts Worldwide, Inc., Westin International Services Company or their affiliates. Starwood Hotels & Resorts Worldwide, Inc., Westin International Services Company and their affiliates are not responsible for the content presented in this web site, including but not limited to, any advertising claims, marketing practices, and data collection, use and privacy practices. Westin International Services Company is an affiliate of Starwood Hotels & Resorts Worldwide, Inc., which sponsors the Starwood Preferred Guest program, which may be mentioned elsewhere on this site, if such program remains available.
Babitbay Beach Development Corporation B.V. reserves the right to change the pricing, plans, specifications and building materials associated with the real estate development depicted on this site. The materials, designs, square footages and floor plans are based upon current development plans, which are subject to change, and no guarantee is made that the project or any condominium unit will be built, or if built, will be the same size or have the same features or amenities as depicted or described. The contemplated products, amenities or services may be withdrawn, modified or discontinued at any time without notice.
BABITBAY BEACH DEVELOPMENT CORPORATION B.V. MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ADEQUACY OR SUITABILITY OF ANY OF THE REAL ESTATE, PROPERTIES, PRODUCTS OR SERVICES DESCRIBED IN THIS WEBSITE. EXCEPT AS PROHIBITED BY APPLICABLE LAW, BABITBAY BEACH DEVELOPMENT CORPORATION B.V. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, QUALITY, DESIGN, VALUE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, FREEDOM FROM PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT OR TAX, INVESTMENT OR ECONOMIC BENEFITS OR ATTRIBUTES.
This website does not provide all the information that may be important to you in deciding whether to take advantage of the opportunities, products or services described on this website. This website is an advertisement, not an offer to sell or solicitation of offers to buy, nor is any offer or solicitation made where prohibited by law, and any indication of interest we receive from you will not give rise to a contract, agreement or obligation on the part of Babitbay Beach Development Corporation B.V., Starwood Hotels & Resorts Worldwide, Inc., Westin International Services Company or their affiliates.
If you are interested in acquiring an ownership interest in a condominium in the Westin St. Maarten Dawn Beach Residences, please complete the Request Information page of this website. The personal information that you provide will be governed by the Privacy Policy published elsewhere on this site. The Privacy Policy is incorporated by reference into these Terms and Conditions.
After completing the Request Information page, you will be contacted by one of our marketing executives. Please refer to the written disclosures, reservation agreement, purchase contract and homeowners’ association materials that will be made available upon request. These documents contain critical information relevant to your evaluation of the property. You may not rely on oral statements or representations.
No agency or instrumentality of any government has assessed the merits, benefits or value of the real estate or properties or the products, services or amenities described on this website. The real estate and properties have not been inspected or qualified by the California Department of Real Estate, nor have they been registered with the New Jersey Real Estate Commission. If the real estate and properties are not exempt from registration or registered in New Jersey, the real estate and properties will not be made available to New Jersey residents. If you reside in a jurisdiction where registration is required before the issuance of an offer to sell real estate, no further information will be provided to you unless and until such registration is obtained. If the laws of the jurisdiction where you reside entitle you to a property disclosure report, please review the report before proceeding with any purchase.
Nothing contained in this website shall be construed as an offer or a solicitation of an offer for the purchase or sale of securities. Statements contained in this website do not constitute investment advice. No effort has been made to encourage you to invest in Babitbay Beach Development Corporation B.V., Starwood Hotels & Resorts Worldwide, Inc., or Westin International Services Company or their affiliates. Babitbay Beach Development Corporation B.V. provides no assurances concerning the economic or tax benefits of purchasing or renting any property or residence described on this website.
The purchase of a condominium in The Westin St. Maarten Dawn Beach Residences does not obligate you to enter into a rental program. The purchase of a condominium will not require you to make your residence available for rent. You will have the opportunity to enter into your own rental arrangement, a rental arrangement administered by the hotel, or a rental arrangement with another party. Rental income will not be pooled for ratable distribution among condominium owners.
In the event that any information appearing on this website is construed as a “forward looking statement” under the Private Securities Litigation Reform Act of 1995, these Terms and Conditions shall serve as precautionary statements reminding you that actual results may differ materially from projected results. Real estate developments pose unique financial risks, especially with respect to income-producing potential, salability, valuation and appreciation. Please be mindful that forward looking statements do not always disclose all material risks, in part because they relate to circumstances existing at the time when the statements are made. Any information furnished on this website that may be deemed a “forward looking statement” should be viewed as falling within the safe harbor provisions of the Private Securities Litigation Reform Act of 1995.
Babitbay Beach Development Corporation B.V. is the owner of this website and, as such, it is entitled to copyright, trademark, trade dress and trade name protections relating to this site. This site (including, but not limited to, the contents, scheme, design, format, style and configuration of the site) constitutes the intellectual property of Babitbay Beach Development Corporation B.V. Information and materials from this website are proprietary and may not be displayed, copied, modified, adapted, distributed, transmitted, published or otherwise disseminated without the express written permission of Babitbay Beach Development Corporation B.V. You may download information from this site solely for your personal use and not for distribution outside your immediate household or to persons other than your advisors.
This website may include links to other websites that may be of interest to you. Linked sites are not controlled by Babitbay Beach Development Corporation B.V. Links are provided solely for your convenience, and they do not constitute an endorsement by Babitbay Beach Development Corporation B.V. of the products or services described on such sites, nor are they evidence of any relationship between Babitbay Beach Development Corporation B.V. and the sponsors of such sites.
This website may not be used for fraudulent, speculative, defamatory, indecent or unlawful activities or to infringe the rights of Babitbay Beach Development Corporation B.V., Starwood Hotels & Resorts Worldwide, Inc., Westin International Services Company, their affiliates or other persons or entities who may access this site. This website may not be used to promote the products or services of other persons or entities, who are unaffiliated with Babitbay Beach Development Corporation B.V., Starwood Hotels & Resorts Worldwide, Inc., or Westin International Services Company.
Photographs, drawings and images appearing on this website are merely suggestive and may not constitute accurate representations of persons, places or things associated with The Westin St. Maarten Dawn Beach Resort & Spa or The Westin St. Maarten Dawn Beach Residences. The maps and illustrations are artists’ renderings, which may differ from the actual dimensions, locations and appearances of the real estate, properties and completed improvements. Although Babitbay Beach Development Corporation B.V. has made every effort to provide reliable information, this site may contain typographical errors, technical inaccuracies and omissions.
Babitbay Beach Development Corporation B.V. makes no representation or warranty that this website will remain available and operable on a continuous basis. It provides no assurances that this website or related systems or networks will be free from viruses, errors or other harmful elements. The information contained on this website is subject to change by Babitbay Beach Development Corporation B.V. at any time without notice.
When you access or share information from this website, you promise to indemnify, defend and hold harmless Babitbay Beach Development Corporation B.V., Starwood Hotels & Resorts Worldwide, Inc. and Westin International Services Company and their affiliates, shareholders, members, partners, officers, directors, employees, attorneys and agents from any and all claims, damages, liabilities, costs and expenses, including, but not limited to, attorneys’ and experts’ fees, resulting from your failure to abide by these Terms and Conditions, your defamation, slander, libel or misuse of any other person through your use of the website, and your infringement of any intellectual property or other legal rights of Babitbay Beach Development Corporation B.V., Starwood Hotels & Resorts Worldwide, Inc. or Westin International Services Company, their affiliates or any other person or entity.
EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, BABITBAY BEACH DEVELOPMENT CORPORATION B.V. EXPRESSLY DISCLAIMS ANY LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES THAT MAY ARISE IN CONNECTION WITH THE EXISTENCE, USE OF, OR THE INFORMATION OR MATERIALS PROVIDED OR COLLECTED ON THIS WEBSITE. BABITBAY BEACH DEVELOPMENT CORPORATION B.V. SHALL NOT BE LIABLE FOR ANY INTERRUPTION, DELAY OR MALFUNCTION OF THIS WEBSITE OR ANY SITE, SYSTEM OR NETWORK TO WHICH THIS WEBSITE MAY BE LINKED. THIS LIMITATION SHALL EXTEND TO DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, DATA LOSS OR CORRUPTION OR SYSTEMIC FAILURES, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of St. Maarten, without regard to conflict of laws principles. In the event of a dispute, you irrevocably submit to the exclusive jurisdiction of the courts of St. Maarten in any action or proceeding arising out of or relating to this website, and you irrevocably agree that all claims in respect of such action or proceeding may be heard and determined by such St. Maarten court.
If, at any time, any provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable under the law of any jurisdiction, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be adversely affected or impaired. In such event, the illegal, invalid or unenforceable provision shall be replaced with a legal, valid and enforceable provision that most nearly corresponds to the intent of the original provision.
These Terms and Conditions, including the provisions of the Privacy Policy and Request Information Agreement set forth elsewhere on this website, constitute the entire agreement between the parties with respect to this website. These Terms and Conditions supersede all prior or contemporaneous understandings or agreements, written or oral, with respect to this website, and they may be changed only by subsequent postings to this website by Babitbay Beach Development Corporation.
Copyright © Babitbay Beach Development Corporation B.V. 2008. All rights reserved.