TERMS OF USE

(revised August 10, 2012 )

These Terms of Use ("Terms of Use") apply exclusively to your access to and use of this website (the "Site"). This Site is provided to you by the fee owner(s) of the community presented in this Site (individually, or collectively when there is more than one fee owner, "Fee Owner").  These Terms of Use do not alter in any way the terms and conditions of any agreement you may have with Fee Owner or any entity affiliated with Fee Owner (“Affiliates”).

If you do not agree with any of these Terms of Use, do not access or otherwise use this Site or any information or materials contained on the Site.  Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.

Privacy Policy

Your use of the Site is also governed by the Privacy Policy, which is available at http://www.newlandcommunities.com/ourcommunities/PrivacyPolicy.aspx and incorporated by reference into these Terms of Use.

Use of Copyrighted Materials/Trademarks

Any materials on the Site, including, without limitation, any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship (collectively the "Materials"), are copyrighted materials owned by or licensed  to Fee Owner or Affiliates.  All rights are reserved.  The Materials contain trademarks, service marks and trade names which are owned by Fee Owner and Affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners.  Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, subject to the following conditions:

  1. Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
  2. Fee Owner reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Fee Owner.

Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Fee Owner, Affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Fee Owner, Affiliates, and/or any third party, as applicable.

Hyperlinks to this Site

You are granted a limited, nonexclusive right to create a "hypertext" link to the Site, provided that such link is to the entry or home page of this Site and does not portray Fee Owner or Affiliates or any of their  products or services in a false, misleading, derogatory, or otherwise defamatory manner.  This limited right may be revoked by Fee Owner at any time for any reason whatsoever.  You may not use, frame, or utilize framing techniques to enclose any Fee Owner trademark, logo or trade name or other proprietary information, including the Materials found at or on the Site, the content of any text or the layout/design of any page of the Site or any form contained on a page of the Site, without the express written consent of Fee Owner in each instance.  In addition, you may not use any meta-tags or any other "hidden text" utilizing a Fee Owner or Affiliates name, trademark, or product name without Fee Owner's express written consent in each instance.

Links to Third-Party Websites

The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Fee Owner.  If you use these links, you may leave the Site.  Fee Owner has not reviewed any of these third-party sites and does not control and is not responsible for any of these sites or their content.  Fee Owner does not endorse or make any representations about third-party sites or any information, software or other products or materials found there, or any results that may be obtained from using them.  If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk.

DISCLAIMER OF WARRANTIES

{Fee Owner}("Fee Owner") is the creator and owner of the {Community} Community (“Community”).  Fee Owner’s responsibility with respect to the Community is limited to the development of certain infrastructure improvements (e.g., streets, parks, etc.) and such obligations run solely to persons buying property directly from Fee Owner.  Home builders (“Builders”), unaffiliated with Fee Owner or its affiliates (collectively, “Fee Owner Companies”), are building homes in the Community.  Fee Owner Companies are not co-developing, co-building or a partner or joint venturer with such Builders.  Fee Owner Companies are in no way responsible for any obligations or representations of any of the Builders to third parties and/or home buyers, and Fee Owner Companies shall incur no liability whatsoever nor shall it have any obligations or liability to any home buyer regarding a home purchase from a Builder.  Buyers of homes from any of the Builders waive, to the fullest extent permitted by law, any and all rights, claims, causes of action and other rights whatsoever against Fee Owner Companies arising out of their purchase transaction with the Builders.   Fee Owner has retained Newland Communities solely as the property manager for the Community.  Newland Communities shall have no (i) liability whatsoever with respect to the development of the Community or the selling of homes by the Builders, and (ii) responsibility for any claims, issues or matters arising at the Community. None of the Fee Owner Companies are a guarantor or party to any of the agreements between the Builders and third parties, including home buyers, and furthermore Newland Communities is not a guarantor or party to any of the agreements between Fee Owner and any third parties or the Builders.  Home buyers shall look solely to the Builders with respect to any claims or issues arising out of their purchase of a home in the Community.

Fee Owner makes no, and hereby disclaims all, warranties, express, implied and statutory, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, compliance with federal, state and local regulations, the accuracy, timeliness, relevance, reliability or completeness of the Site or the Materials or any other warranties regarding the Site, Materials or the quality, suitability, truth, accuracy, timeliness, relevance and completeness of any content or other Materials contained on the Site.  You acknowledge and agree that Fee Owner does not warrant that access to the Site will be uninterrupted or error-free.  The Site is made available "as is" and "with all faults."

Future development of any community being developed by Fee Owner or any Affiliates may or may not occur as shown on illustrations, depictions or maps.

UNLAWFUL AND PROHIBITED USES

You agree not to use this Site, including, but not limited to, any materials or services that you may receive through your use of this Site:  (a) in a manner that violates any local, state, federal, foreign,  or international statute, regulation, rule, order, treaty, or other law or for any purpose that is prohibited by these terms, conditions, or notices; (b) to stalk, harass or harm another person or to interfere with any other party's use and enjoyment of this Site; (c) to impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to damage, disable, overburden, interfere or disrupt this Site or the servers or networks connected to this Site or any of Fee Owner's or Affiliates’ related websites.  You further agree not to:  (a) use any data mining, robots, or similar data gathering or extraction methods in connection with this Site, or (b) attempt to gain unauthorized access to any portion of the Site or any other services, accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

LIMITATION OF LIABILITY

FEE OWNER AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE OR ANY CONTENT APPEARING ON THE SITE.  IN NO EVENT WILL FEE OWNER AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER FEE OWNER AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF FEE OWNER AND AFFILIATES FOR DAMAGES UNDER THESE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00).  CERTAIN JURISDICTIONS MIGHT NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.

Equal Opportunity

Fee Owner and Affiliates are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation.  Fee Owner and Affiliates encourage and support an affirmative advertising and marketing program in which there are not barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Press Releases

The information contained within press releases issued by Fee Owner and Affiliates should not be deemed accurate or current except as of the date the release was posted.  Fee Owner and Affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

Revisions to these Terms of Use

You agree that Fee Owner can revise these Terms of Use at any time without notice by updating this posting on the Site.  You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms of Use.

General Provisions

Enforcement of these Terms of Use will be governed by California law, excluding its conflict and choice of law principles.  The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Site will lie in the state or federal courts located in San Diego, California, and you irrevocably agree to submit to the jurisdiction of such courts.  The failure of Fee Owner to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Fee Owner in writing.  In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

Contact Us

If you have any questions regarding the Site, please contact Fee Owner by sending an email to info@newlandcommunities.com.