Terms & Conditions
Effective Date: August 6, 2026
Welcome to the SeaGate Homes website ("Website"). These Terms & Conditions ("Terms") govern your use of the Website and your participation in our text messaging programs. By accessing or using this Website, submitting your information, or opting into communications from SeaGate Homes ("SeaGate Homes," "we," "our," or "us"), you agree to these Terms.
If you do not agree with these Terms, please do not use our Website or services.
Website use
You agree to use this Website only for lawful purposes.
You may not:
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Use the Website in violation of any federal, state, or local laws;
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Attempt to gain unauthorized access to our systems or networks;
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Introduce malicious software or interfere with Website functionality;
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Submit false or misleading information through our forms;
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Use the Website in any manner that could damage or impair our services.
We reserve the right to suspend or terminate access to the Website for any violation of these Terms.
Intellectual property
All content on this Website, including text, photographs, renderings, floor plans, logos, graphics, videos, downloadable materials, and other content, is the property of SeaGate Homes or its licensors and is protected under applicable copyright, trademark, and intellectual property laws.
You may view, download, or print portions of the Website solely for your personal, non-commercial use.
No material from this Website may be copied, reproduced, republished, distributed, modified, or otherwise used without our prior written permission.
Home information disclaimer
Information available on this Website is provided for general informational purposes only.
Availability, pricing, floor plans, home features, specifications, incentives, renderings, photographs, dimensions, square footage, and included features are subject to change without notice.
Illustrations, photographs, renderings, and virtual tours are intended for illustrative purposes only and may depict options, upgrades, or features not included in every home.
Nothing contained on this Website constitutes an offer to sell real property.
SMS messaging terms
By providing your mobile phone number and affirmatively opting into one or more of our SMS programs, you consent to receive text messages from SeaGate Homes in accordance with these Terms.
Our SMS communications may include:
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Responses to your inquiries
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Appointment confirmations
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Appointment reminders
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Model home tour reminders
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Community information
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Home availability
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Pricing updates
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Incentives and special offers
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Construction updates
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Warranty communications
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Customer care messages
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Marketing communications (where separately consented)
Consent to receive marketing text messages is not a condition of purchasing a home or receiving services from SeaGate Homes.
Message frequency
Message frequency varies depending on your interactions with SeaGate Homes and your communication preferences.
Message and data rates
Message and data rates may apply according to your wireless carrier plan.
STOP INSTRUCTIONS
You may opt out of SMS communications at any time by replying STOP to any message.
After opting out, you will receive one final confirmation message. No additional SMS messages will be sent unless you opt in again.
HELP INSTRUCTIONS
For assistance, reply HELP to any SMS message or contact us using the information listed below.
SUPPORTED CARRIERS
Our SMS program is supported by most major U.S. wireless carriers.
Wireless carriers are not liable for delayed or undelivered messages.
Privacy
Your use of this Website and participation in our SMS programs is also governed by our Privacy Policy.
No mobile information, SMS consent, or text messaging originator opt-in data will be shared with third parties or affiliates for marketing or promotional purposes.
LINKS TO THIRD-PARTY WEBSITES
Our Website may contain links to third-party websites for your convenience.
We are not responsible for the privacy practices, content, or availability of third-party websites.
Accessing those websites is at your own risk.
Disclaimer of warranties
The Website and its contents are provided on an "as is" and "as available" basis.
SeaGate Homes makes no warranties, express or implied, regarding the Website, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or availability.
Limitation of liability
To the fullest extent permitted by law, SeaGate Homes shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Website or participation in our communication programs.
Indemnification
You agree to indemnify, defend, and hold harmless SeaGate Homes, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, costs, or expenses arising from your use of the Website or your violation of these Terms.
Changes to these terms
We reserve the right to modify these Terms at any time.
Updated Terms will be posted on this page with a revised Effective Date.
Continued use of the Website constitutes acceptance of the revised Terms.
Governing Law; Venue
These Terms, and any dispute arising out of or relating to these Terms or your use of the Website, are governed by the laws of the State of Florida without regard to its conflict-of-laws principles. Subject to the "Binding Arbitration; Waiver of Class Actions" section below, the exclusive venue for any dispute shall be the state or federal courts located in Flagler County, Florida, and you consent to the personal jurisdiction of those courts. The Website is directed to users in the United States, and specifically to the Florida market; SeaGate Homes makes no representation that the Website or its content is appropriate or available for use outside the United States.
Binding Arbitration; Waiver of Class Actions
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL, AND REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES.
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Agreement to Arbitrate. You and SeaGate Homes, LLC ("SeaGate") agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, our Privacy Policy, any marketing or other communications you receive from or on behalf of SeaGate (including telephone calls, text messages, and emails, and any claim under the Telephone Consumer Protection Act or the Florida Telephone Solicitation Act), or your relationship with SeaGate (collectively, a "Dispute") shall be resolved exclusively by final and binding individual arbitration, rather than in court, except as provided in Paragraph 2. This agreement to arbitrate is governed by the Federal Arbitration Act.
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Exceptions. Either party may (a) bring an individual action in a small-claims court for Disputes within that court's jurisdiction, or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misuse of intellectual property rights. This section does not govern any dispute arising under a signed purchase-and-sale contract for a home, which is governed by the dispute-resolution terms of that contract.
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Arbitration Procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this section. The AAA Rules are available at www.adr.org. The arbitration will be conducted by a single neutral arbitrator. The seat and any in-person hearing (if required) will be in Flagler County, Florida, unless you and SeaGate agree otherwise or the arbitrator determines a hearing may proceed by telephone or videoconference. The arbitrator may award any relief that a court could award on an individual basis and must issue a written decision explaining the award.
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WAIVER OF CLASS AND REPRESENTATIVE ACTIONS. YOU AND SEAGATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.
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Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, EXCEPT that a court of competent jurisdiction, and not the arbitrator, shall decide any challenge to the enforceability of the class-and-representative-action waiver in Paragraph 4.
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30-Day Right to Opt Out. You may opt out of this arbitration agreement by sending written notice within 30 days after you first accept these Terms to: SeaGate Homes, LLC, Attn: Legal, 185 Cypress Point Parkway, Palm Coast, FL 32164, or email info@SeaGateHomes.com. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
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Severability. If the class-and-representative-action waiver in Paragraph 4 is held unenforceable as to a particular claim or request for relief, that claim or request will be severed and may be brought in a court of competent jurisdiction, but the remaining claims will proceed in arbitration. If any other provision of this section is held unenforceable, the remainder of this section will continue in effect.
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Survival. This section survives termination of these Terms and of your relationship with SeaGate.
CONTACT US
If you have any questions regarding these Terms & Conditions, please contact us:
SeaGate Homes
185 Cypress Point Parkway
Palm Coast, FL 32164
info@SeaGateHomes.com