Materials on this 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”) that are copyrighted materials are owned by or licensed to Developer. All rights are reserved. The Materials contain trademarks, service marks and trade names which are all owned by Developer or licensed for use by Developer, 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 this Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for reproduction, sale, or further distribution, subject to the following additional conditions:
1) Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
2) Developer reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Developer or its agents.
Nothing contained on this 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 Developer or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on this Site are expressly reserved to Developer and/or any third party who is the owner of such IP Rights in the Materials, as applicable. Any unauthorized use of any Materials or IP Rights shall cause irreparable damage to Developer and shall be subject to prosecution by Developer during which time Developer may pursue all remedies including, but not limited to, injunctive relief.
Hyperlinks to this Site
Brokers, salespersons and other real estate professionals are granted a limited, nonexclusive right to create a "hypertext" link to this Site provided that such link is to the entry or home page of this Site and does not portray Developer or any of its products or services in a false, misleading, offensive, derogatory, or otherwise defamatory manner as may be determined by Developer in its sole and absolute discretion. This limited right may be revoked by Developer at any time for any reason whatsoever. Notwithstanding the foregoing, the use of, framing or utilization of framing techniques to enclose any Developer trademark, logo or trade name or other proprietary information, including the Materials found at or on this Site, the content of any text or the layout/design of any page of this Site or any form contained on a page of this Site without the express written consent of Developer in each instance, is expressly prohibited. In name, trademark, or product name may be used without Developer’s express written consent in each instance.
Operation and Access of Site
Developer makes no representations or warranties regarding the availability of this Site at any given time, whether the use of this Site will be uninterrupted, or the continued operation of this Site. Developer may, with or without notice, suspend the operation of this Site for indefinite periods of time, terminate the operation of this Site at any time, and suspend or terminate your ability to access and use this Site at any time. Developer, with or without notice, may revise the features and functionality of the Site, and the instructions and guidelines regarding the access to and use of this Site, at any time. Developer, with or without notice, may at any time revise the hardware, software and communication lines necessary to access and use this Site, and the IP number(s) or address(es) used for this Site. While Developer makes reasonable efforts to prevent the introduction of viruses, worms, Trojan horses, time bombs, or other computer programming routines, features or operations to this Site that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, Developer does not guarantee or warrant that this Site or materials transmitted from this Site do not contain such computer programming routines, features or operations. You agree to indemnify and hold Developer harmless from any damage, loss, expense, including without limitation reasonable attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with these Terms. Developer is not responsible for any technical failures or problems that are beyond its control, or any results of any such failures or problems.
Prohibited and Unlawful 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; (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; (d) to imply any relationship with Developer or to create the perception of any such relationship; or (e) to damage, disable, overburden, interfere with or disrupt this Site, or the servers or networks connected to this Site or any of Developer's or Newland’s related websites. You further agree not to: (a) use any data mining, robots, or similar autonomous program or any network designed for 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 or method. You may not obtain or attempt to obtain any materials or information through any means or method not intentionally made available through this Site. Any hacking or interference by yourself or others in the orderly and proper administration of this Site will be prosecuted to the full extent of the law. You agree to indemnify and hold Developer harmless from any damage, loss, expense, including without limitation reasonable attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relenting to any failure by you to comply with these Terms or any misrepresentation you make in your use and participation in the information provided by this Site.
Links to Third-Party Websites
This 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 Developer or Newland. If you use these links, you may leave the Site. Developer has not reviewed any of these third-party websites and does not control and is not responsible for any of these websites or their content. Developer does not endorse or make any representations about third-party websites 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 websites linked to this Site, you do so entirely at your own risk.
Access and Use of Site is Provided “As Is”
USE OF THIS SITE IS PROVIDED “AS IS” AND WITH “ALL FAULTS”, FOR INFORMATIONAL PURPOSES AND AS AN ACCOMMODATION AND COURTESY ONLY, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, RELEVANCE, RELIABILITY, COMPLETENESS OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IN NO EVENT SHALL DEVELOPER BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THIS SITE, FOR ANY SUSPENSION OR TERMINATION OF THE OPERATION OF THIS SITE OR YOUR ABILITY TO ACCESS AND USE THIS SITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF NEWLAND HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE SITE BY YOU IS AT YOUR SOLE RISK, RESPONSIBILITY, EXPENSE, AND LIABILITY.
Notice to Prospective Homebuyers: No Investment Representation
Developer and Newland do not make, nor condone, any representations about future income, profit or rental potential of any home. You should purchase a home for personal use and enjoyment only, and without reliance upon any potential for future profit, rental income, economic or tax advantages. There should be no expectation of profit on your purchase of a home based upon the efforts of others, including Developer or Newland. No purchase of real property in a community owned by Developer or managed by Newland should be considered a risk capital investment and purchasers acknowledge that the only representations related to any such purchase shall be confined to the provisions contained in the purchase agreement which may not be varied by anything contained on this Site.
Not an Offering Where Prior Qualification Required or Where Prohibited by Law
The information on this Site does not constitute an offer to residents of jurisdictions where prior registration of out-of-state real estate offerings are required unless the community in question has been so qualified or an applicable exemption is available. Offers to buy real property originate from the homebuyer and can only be accepted at the sales center for the Community. Void where prohibited by law. No state or federal agency has judged the merits or value, if any, of the real property offered on this Site.
California State Residents
WARNING: THE CALIFORNIA DEPARTMENT OF REAL ESTATE HAS NOT INSPECTED, EXAMINED, OR QUALIFIED THIS OFFERING.
New York State Residents
Developer and principal(s) taking part in the public offering or sale of homes in the Community are not incorporated in, nor do they currently maintain an office within the State of New York. Unless the offering of any cooperative interest in real estate is otherwise qualified under applicable New York law as described below, the offering for sale of homes in the Community is neither made in the State of New York nor made to the residents of the State of New York. Until such time as all registration and filing requirements under New York General Business Law Article 23-A and the Attorney General’s regulations are complied with; a written exemption is obtained pursuant to an application and such is granted pursuant to and in accordance with the Cooperative Policy Statements #1, #7, or #12, or a “No-Action” request is granted (i.e., the offering has been “qualified” under New York law), no offering for sale of homes in the Community will be directed to any person or entity in or from the State of New York by, or on behalf of Developer or anyone acting on behalf of Developer or anyone acting with Developer’s knowledge, nor will any activities by Developer under such circumstances target New York State residents. These disclosures have been made to ensure that Developer has taken adequate measures to notify residents of the State of New York that it will not offer property that has not been previously qualified for sales in New York in or from the State of New York.
Newland may be engaged by Developer to manage the Community. Homes within the Community are constructed and sold by homebuilders (“Builders”), not affiliated with Newland or Developer. Developer is responsible only with respect to the development of certain infrastructure improvements (e.g., roads, water, sewer, electric and certain amenities, etc.) and such obligations run solely to persons buying real property directly from Developer. North America Sekisui House, LLC (“NASH”) and the California Public Employees Retirement System (“CalPERS”) may own an indirect interest in one or more of the members of Developer. Newland, NASH and CalPERS (collectively, the “Released Parties”) are not co-developing, co-building, partnering with, or joint venturers with Builders and do not warrant or guarantee the obligations, construction or pricing of Builders who may build and sell homes in the Community. You agree that Released Parties shall have no (i) liability whatsoever with respect to the development of the Community or the selling of homes by Builders, or (ii) responsibility for any claims, issues or matters arising at the Community. Released Parties are not a guarantor or party to any agreements between Builders and third-parties, including, homebuyers. Homebuyers should look to the relevant purchase contract and the disclosures, if any, accompanying such purchase contract provided by Builder for the complete terms of sale. Homebuyers agree to waive, to the fullest extent permitted by law, any and all rights, claims, causes of action, and other rights whatsoever against Released Parties arising out of their purchase transaction with Builders.
As a courtesy only, Developer may at times post on this Site sketches, renderings, elevations, graphic materials, floor plans, specifications, completion dates, terms, conditions and statements provided by Builders. Any sketches, renderings, elevations, graphic materials, floor plans, plans, specifications, completion dates, terms, conditions and statements contained in this Site are proposed and for illustrative purposes only, and may be modified, revised or withdrawn at any time and without notice. Maps and other illustrations are not drawn to scale and are artistic renderings only. Finishing items displayed on this Site are shown for illustrative purposes only and may not actually be included in the home you purchase. Future development of Community may or may not occur as shown on illustrations, depictions or maps. Finishing items are items such as, but not limited to, tile, marble, carpet, cabinets, stone, brickwork, wood, paint, stain and mica that are subject to size and color variations, grain and quality variations, and whose availability may vary in accordance with price, availability and manufacturer. Similarly, wall coverings, paint colors, accent light fixtures, wall ornaments, drapes, blinds, bedspreads, furniture, furnishings, wet bars, monitoring systems, certain built-in fixtures, special floor coverings, wood trim may be included in models or shown in illustrations on this Site strictly for purposes of decoration or example only and may not be included in the home you purchase from Builder. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for the same. Actual improvements may vary from those depicted and water, skyline or any other views may not be available from all the homes located in the Community nor are any such views guaranteed. Future development can modify, limit or eliminate view from a particular home. All references to square footage (or square meters) are approximate and the actual configuration may vary. Differing measuring techniques may also yield different total area of a home. You should not rely upon any listed figures describing the gross area of a home. All homes are being sold based upon their type and location without regard to the total size or square footage and there is no guaranty that measurement will yield a specific figure.
Builders operate independently and are not affiliated with Developer or Newland. Homebuyers in the Community contract directly with Builders and must rely solely on their own investigation and judgment of the Builder's construction and financial capabilities in as much as the Developer does not warrant or guarantee such capabilities, nor does Developer warrant or guarantee the design, views, pricing, engineering, workmanship, construction materials or their availability, or availability of any home or any other building constructed by such Builders at the Community or the obligations of any such Builders or materialmen to the homebuyer.
Americans with Disabilities Act
Developer uses reasonable efforts to comply with the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits discrimination against persons with disabilities in places of public accommodation and commercial facilities and will not tolerate any such discrimination.
Developer is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. Developer encourages and supports 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.
Human Models/Lifestyle Photos
No racial or ethnic preference should be inferred from the models/lifestyle photos posted on this Site.
The information contained within press releases issued by Developer should not be deemed accurate or current except as of the date the release was posted in which case, Developer has used reasonable efforts to ensure the accuracy. Developer has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.
Forward Looking Statements
Our marketing materials and communications may contain “Forward Looking Statements” – that is, statements related to future, not past, events or projects. In this context, forward looking statements usually address our expected business performance and condition, and often contain words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “see,” “will,” “would,” or “target.” Forward Looking Statements by their very nature address issues that are uncertain and may cause our actual future results to be materially different than those expressed in our Forward Looking Statements.
Developer reserves the right to revise these Terms at any time without notice by updating this posting on this Site. You agree that your continued use of this Site after such modifications have been made constitutes your acceptance of such revised Terms.
The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of this Site will lie in the state or federal courts located in Orange and Durham Counties, North Carolina, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Developer to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Developer in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.
If you have questions regarding these Terms, Site or would like to be removed from our database, please send an e-mail to: firstname.lastname@example.org, or contact us by mail at:
4790 Eastgate Mall, Suite 150
San Diego, CA 92121
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