Terms and Conditions
ACCURACY OF INFORMATION
Company is not responsible if information made available on this Website is not accurate, complete or current. The material provided on this Website is for general information only. You agree that any reliance on the information contained on this Website is at your own risk. The Website and any website links within the Website do not constitute an offer or solicitation to sell real property. Only Neighborhood Builders within the communities may accept offers to sell real property at each corresponding Neighborhood Builder’s sales center.
In connection with your access to, and use of, the Website, you agree not to: (a) upload, post, email, or otherwise transmit any obscene, threatening, defamatory, misleading or unlawful material, or any viruses, worms or Trojan horses; (b) violate any applicable international, federal, state or local law or regulation; (c) sell or otherwise distribute any data obtained from any Company database; (d) use any automated means to download data from any Company database; and (e) interfere with or disrupt the performance of the Website.
EQUAL HOUSING OPPORTUNITY
The Company is the developer of a master planned community in Marina, California. Accordingly, the information provided on this Website may be subject to the U.S. Federal Fair Housing Act of 1968, as amended, which makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an intention to make any such preference limitation, or discrimination.” The Company encourages all Neighborhood Builders in the master planned community to commit to advertising programs which freely offer residences to all on an equal basis.
NO REPRESENTATIONS AND WARRANTIES
The Company makes no representation or warranty of any kind with respect to the Website, any website links or any content on the Website. Inclusion of any website link on the Website does not imply approval of any linked websites by the Company. Your use of the Website and any website links is at your own risk. The Website and all information contained therein is intended for general reference and informational purposes only. The Company assumes no responsibility for any errors or omissions in the Website content or on any third party sites. The Company shall not be liable for any damages resulting from your use of, or reliance upon, the Website or any content contained therein.
As you access the Website, please note that all information contained on the Website regarding homes, floor plans, materials and features offered by Neighborhood Builders within the communities has been provided to the Company by Neighborhood Builders within the communities. Although every effort has been made to ensure that the information is accurate, each Neighborhood Builder has the right to modify or change its information at any time, and the Website may contain inaccurate, incomplete or outdated information. Updates to the Website are made from time to time based on receipt of information from each Neighborhood Builder, and you should not assume that the information on the Website has been updated with current information.
MAPS AND DEVELOPMENT PLANS FOR THE COMPANY’S COMMUNITIES
All maps on this Website are not to scale and represent an artist’s depiction of the existing and/or planned elements of the current proposed development concepts for the Company’s communities. Artist’s renderings, photos, specifications and planned amenities continue to evolve and are based on current proposed development plans that are subject to change without notice. No guarantee is made that the facilities and features depicted within a certain community will be constructed, or that if constructed, the number, type, size and location will be as depicted. The Company does not guarantee the current or future use of lands outside the boundaries of current communities.
The zoning and land use designations for the communities is subject to change from time to time. You are strongly advised to investigate and determine if the zoning and land use designations for any community of interest and other real properties in the vicinity of such community are compatible with your occupancy, use and enjoyment of a lot and residential dwelling. Neither any Neighborhood Builder (including any of their respective agents, employees, or affiliates) nor the Company, has made any representation concerning the timing, location, configuration or existence of any non-residential use on or about any community. The total number of residential units may increase or decrease from the current plan, depending upon market conditions or other conditions, including the annexation of additional property to the community. Plans for common areas surrounding residential areas may be affected by such changes.
If you purchase a home or lot within the communities, that Neighborhood Homebuilder within any community is independently owned and operated and is not affiliated with the Company (collectively, the “Builders”). References to or approval of such Builders by the Company shall not be construed as an endorsement, warranty or certification of such Builders or such Builder’s performance by the Company.
All materials published on the Website, including, but not limited to, images, photographs, graphics, logos, data, information, text, design, artwork or other copyrightable elements and trademarks, service marks, trade names and any other intellectual property is the exclusive property of the Company and the homebuilders located within the Company’s communities. Materials may not be copied, reproduced, displayed, republished, transmitted, distributed, altered or otherwise used, in whole or in part, in any manner without the prior written consent of the Company. Your use of the Website does not give you any ownership rights in the information contained on the Website.
You agree that the Company, in its sole discretion, may terminate or suspend your use of the Website at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website. Accessing the Website after such termination, suspension or discontinuation shall constitute an act of trespass. You agree that the Company shall not be liable to you for any termination or suspension of your access to the Website.
RELEASE AND LIMITATION OF LIABILITY
COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE CYPRESS MARINA HEIGHTS, LLC, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM ALL CLAIMS OF ANY KIND, INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS OR CLAIMS FOR INTEREST THAT ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR (A) ACCESS TO AND USE OF THE WEBSITE, OR (B) THE USE OF ANY INFORMATION CONTAINED ON THE WEBSITE. THE WEBSITE AND ANY AND ALL CONTENT CONTAINED THEREON IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, OR INFORMATION, SERVICES AND CONTENT CONTAINED THEREON SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF MONTEREY, STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.