Last updated: November 8, 2016
ACCEPTANCE OF POLICY
Please read this Policy carefully. Each time you use, place an order on, browse, or otherwise access the System, you signify your acceptance of the then-current Policy, including, without limitation, the then-current terms found elsewhere on the System. If you do not agree with this Policy, you are not authorized to use or otherwise access the Websites or Applications or any other part of the System.
This Policy does not apply to the practices of companies that we do not own or control, or to people whom we do not employ or manage.
INFORMATION THAT WE MAY COLLECT
You acknowledge that any personal information provided or collected through our System is voluntarily provided to us from you. As you navigate the Websites or other portions of the System, you will find that there are several online forms or other locations which you can use to request information about the company or a specific product or service. In order for us to effectively respond to your requests, we may ask for and collect certain personal information, including, without limitation, names, company names, postal addresses, email addresses, telephone numbers, occupation, dates of birth, age, gender, financial information, product and/or service preferences, photographs, and comments that can be used to uniquely identify or contact a single person (“Personal Data”).
In addition, the System may also obtain and record non-personal or traffic information, including, without limitation, information about your device, Internet browser, Internet protocol address, cookie information, location-based or real-time geographic location information, type of web browser or application, and the pages you request (“Traffic Data” and together with Personal Data, the “Collected Data”).
SYSTEM PROVIDED “AS IS” AND OTHER DISCLAIMERS
You agree that all information contained within the Website and other parts of the System are provided “as is” and subject to change without notice to you. We make no representations, warranties or guarantees of any kind, express or implied, including, without limitation, as to the operation of the System or the accuracy of the information, content, materials or products included on Website. For example, architectural styles may differ from those shown, price ranges may increase or decrease, community facilities may change from those planned for a neighborhood and area amenities will vary. In addition, we reserve the right to change product, design specifications, materials and terms without prior notice. Product type (including, without limitation, floorplans, architectural elevations and lot locations) is subject to availability. Optional features may be included at additional cost, and are subject to availability and construction cutoff dates. All square footage representations are approximate and can vary by architectural and elevation differences within like floorplans or by the method of measurement. Many architectural elements, such as window placement and porches, may vary according to the exterior elevation of the home. Some of these variances may also contribute to minor variations in square footage. Numerous items in and around the model homes are upgraded and are not included in the purchase price. All maps, plans, landscaping and elevation renderings are artist conceptions, are not to scale, and are not intended to be an actual depiction of the buildings, fencing, walks, driveways or landscaping. Completion and submission of the interest list for a particular neighborhood is not a guarantee of any priority for purchasing a home in that neighborhood. The design, construction and sale of homes are the sole responsibility of the community builders and not us. The purchase agreement for a particular home contains the terms and conditions of the purchase and supersedes any and all information on this Website or System.
To the full extent permissible by applicable federal and state laws, we disclaim all warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. We will not be liable for damages of any kind arising from the use of this System, including without limitation, direct, indirect, incidental, punitive and consequential damages.
INFORMATION SHARING AND DISCLOSURE
We may, in our sole and absolute discretion, release and disclose the Collected Data to affiliated or contracted persons, associations, or other entities of whatsoever nature, including, without limitation, strategic alliances and advertising affiliated persons and/or entities (the “Related Parties”) or to any law enforcement agency, court, or other governmental authority to: (a) help us respond to your requests for information, goods or services and/or otherwise fulfill a user’s lawful request, including, without limitation, to assist in the marketing and sale of homes or other amenities; (b) respond or otherwise comply with subpoenas, court orders, or other legal process, (c) establish or exercise our legal rights or defend against legal claims; or (d) protect the personal safety of our users, employees, or the public.
We may, in our sole and absolute discretion, release and disclose the Collected Data to any persons, associations, or other entities of whatsoever nature not affiliated with us (the “Non-Affiliates”) for the purpose of facilitating your instructions, requests, reservations and/or registrations for products or services provided by us or the Non-Affiliates (including, without limitation, customer support, information technology support, credit card or other electronic payment processing and personal profile services) when the transfer of such Collected Data is necessary to provide you with such products or services. By instructing, requesting, reserving and/or registering for such products or services from us or the Non-Affiliates on or through the System, you consent to the release of your Collected Data to the Non-Affiliates. We will use reasonable efforts to provide the Non-Affiliates access only to the Personal Data necessary to assist in responding to your instructions, requests, reservations and/or registrations for such products or services and cause such Non-Affiliates to use your Personal Data for these limited purposes.
We may also disclose, release, transfer, sell, or otherwise convey any Collected Data to prospective or actual buyers, sellers or persons and/or entities related to such actions by us, including, without limitation, we may transfer information about you if we are acquired by or merge with, or otherwise sell any portion of our assets or equity to another company. You consent to any and all such conveyances of the Collected Data.
You consent to any and all such conveyances of the Collected Data regardless of your location and your consent includes any and all such conveyances outside of your location, including, without limitation, in the United States and in other countries and territories.
In the event that we wish to transfer or release your Personal Data to a third person in a manner not set forth in this Policy, we shall inform you prior to such transfer or release and provide you with the ability to opt out of such transfer or release of Personal Data.
COOKIES AND OTHER TRACKING METHODS
HOW WE USE AND DISCLOSE YOUR INFORMATION
We use information you provide on an aggregated basis to do such things as operate our site, enhance our site, and to better understand the profile of our online audience. We may also use this data, to enhance your site experience on our site by displaying content and marketing messages that we believe will be of interest to you. We will use your personal information to respond to your requests for information.
LINKS TO OTHER WEBSITES
For example, chat rooms, forums, message boards, links to third party websites or mobile applications (including social media websites and mobile applications), and/or news groups may be available through the System. While we will only use and disclose the Collected Data as set forth herein, any information disclosed in these areas is or may be deemed public information and you must exercise caution and discretion when deciding to disclose personal and non-personal information.
Additionally, please keep in mind that if you directly disclose Personal Data or personally sensitive data through your home page, linked sites, or other public forums, this information may be collected and used by others. We encourage all users to review the privacy statements of websites and/or mobile applications you choose to link to from the System so that you understand how those third parties collect, use and share information about you and/or your electronic devices. We are not responsible for the data collection, data usage, privacy statements or content on other websites or other solutions.
We have implemented security measures to help protect the Personal Data. For example: (a) we store Personal Data on servers that are in one or more physical locations that are monitored and accessible by a limited authorized set of individuals and (b) certain Collected Data is obtained through a web form and transmitted using secure socket layer (SSL) or other secure technology as may be determined by us from time to time. Although we have implemented such security measures to help protect the Personal Data, the Personal Data may still be accessed, altered, disclosed and/or otherwise used in an unauthorized manner and as such, we are not responsible if such unauthorized access, alteration, disclosure and/or other uses occur.
NOTIFICATION OF CHANGES
We reserve the right to change or modify our Policy. Please revisit our Policy from time to time for changes and updates. If we refuse access to you, we may provide you with the reasons for such refusal upon request. Exceptions may include information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
This Policy, the System, and any claim associated with, related to, or arising from the Policy and/or System are governed by the law of the State of Nevada within the United States. Any claim associated with, relating to or arising from this Policy or the System shall be brought in a federal or state court in the County of Clark, State of Nevada within one year after the claim arises. You hereby affirm your consent to the sole and exclusive jurisdiction of the courts located in the County of Clark, State of Nevada as the most convenient and appropriate forum for the resolution of disputes concerning this Policy or System. The System is controlled, operated and administered entirely within the United States. Use of the System from locations outside the United States where these practices are illegal or violate any law is prohibited.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS POLICY, UNDERSTAND IT AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS POLICY. BY CONTINUING TO BROWSE THIS SYSTEM, YOU ARE LEGALLY GRANTING YOUR CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND TRAFFIC DATA IN ACCORDANCE WITH THIS POLICY.
If you have any questions about this Policy or any part of our System, please contact us at firstname.lastname@example.org. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to us.