TERMS OF USE

(Last Updated September 30, 2016)

 

YOU ARE ADVISED THAT THE CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE TO THESE TERMS OF USE.

 

These Terms of Use (“Terms”) apply exclusively to and govern your access  and use of this Web site (the “Site”) and all content, services and products, if any, provided through the Site. This Site is presented to you by NASH Cinco NW, LLC; Terrabrook Cinco Ranch Southwest, LLC and its affiliates (collectively referred to as “Developer”). The use of the terms “we,” “us,” or “our” within this Site also refer to Developer. The terms “you” and “your” refer to you, a patron and user of this Site.

 

Newland Real Estate Group, LLC (“Newland’) has been engaged as the property manager of Cinco Ranch only. The Site is being offered for your use, subject to your acceptance without modification of these Terms and all other operating rules and policies (including Developer’s Privacy Policy). These Terms do not alter in any way the terms and conditions of any contract or agreement you may have with Developer. If you do not agree with any of these Terms, do not access or otherwise use this Site or any information or materials contained on the Site. This Site is intended as an accommodation and is directed only to credit-worthy persons who are aged 18 years or older. Persons under the age of 18 should not use or submit any information to Developer. 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 here and incorporated by reference into these Terms.

 

 

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 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 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 reproduction, sale, commercial use 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 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 Developer or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the 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 Developer may pursue all remedies including injunctive relief.

 

 

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 Developer or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Developer at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Developer 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 Developer in each instance. In addition, you may not use any meta tags or any other "hidden text" utilizing Developer’s name, trademark, or product name without Developer's express written consent in each instance.

 

Operation and Access of Site

Developer makes no representations or warranties regarding the availability of the Site at any given time, whether the use of the Site will be uninterrupted, or the continued operation of the Site. Developer may, with or without notices, suspend the operation of the Site of indefinite periods of time, terminate the operation of the Site at any time, and suspend or terminate your ability to access and use the 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 the Site, at any time. Newland, with or without notice, may at any time revise the hardware, software and communication lines necessary to access and use the Site, and the Internet Protocol number(s) or address(es) used for the Site. While Developer takes reasonable steps to prevent the introduction of viruses, worms, Trojan horses, time bombs, or other computer programming routines, features or operations to the Site that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, Developer does not guarantee or warrant that the Site or materials transmitted from the Site do not contain such computer programming routines, features or operations. You shall indemnify and hold Developer harmless from any damage, loss, expense, including without limitation 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, 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; (d) to imply any relationship with Developer and/or its affiliates or to create the perception of any such relationship or (e) to damage, disable, overburden, interfere or disrupt this Site or the servers or networks connected to this Site or any of Developer's 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. 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 shall indemnify and hold Developer harmless from any damage, loss, expense, including without limitation 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 the Site.

 

 

Links to Third Party Web Sites

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 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 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 websites linked to the Site, you do so entirely at your own risk.

 

Social Media

Developer may from time to time operate pages on social media sites such as Facebook, Google+, Instagram, Twitter, YouTube and Pinterest to name the currently most-popular sites. By accessing, viewing, and or interacting with Developer’s social media pages, you unconditionally accept and agree to abide by those Terms, Terms of Service, Privacy Policy, Community Guidelines and Privacy Guidelines (collectively “Social Media Terms of Use”) for Facebook, Google+, Instagram, Twitter, YouTube and Pinterest, respectively, as well as other such sites that may be utilized in the future. Developer hereby expressly incorporates the Social Media Terms of Use to these Terms of Use.

 

Use of Site is “As Is”

USE OF THE SITE IS PROVIDED “AS IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF NON-INFRINGEMENT. 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 THE SITES, FOR ANY SUSPENSION OR TERMINATION OF THE OPERATION OF THE SITE OR YOUR ABILITY TO ACCESS AND USE THE 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 AND LIABILITY. NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF DEVELOPER 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.

 

Developer 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 Developer 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.”

 

No Investment Representation

Homes in Cinco Ranch are being sold by builders that are unrelated to Developer or Newland, for personal use and enjoyment. 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 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 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 in 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 exemptions are available. Offers to buy property originate from the buyer and can only be accepted at the sales center for Cinco Ranch.  Void where prohibited by law. No State or Federal agency has judged the merits or value, if any, of the real property offered in this Site.

 

California State Residents

WARNING: THE CALIFORNIA BUREAU 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 Cinco Ranch 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 Cinco Ranch 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 the Martin Act 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 Cinco Ranch 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.

 

Disclaimers of Warranties

Newland has been retained by Developer of Cinco Ranch as the property manager only. Newland shall have no (i) liability whatsoever with respect to the development of  Cinco Ranch or the selling of homes by the home builders (“Builders”), or (ii) responsibility for any claims, issues or matters arising at Cinco Ranch. Neither Developer nor Newland is a guarantor or party to any of the agreements between the Builders and third parties, including home buyers, and, furthermore, Newland is not a guarantor or party to any of the agreements between Developer and any third parties or the Builders. Homebuyers shall look solely to the Builders with respect to any claims or issues arising out of their purchase of a home in Cinco Ranch. Homebuyers should look to the relevant purchase contract and the disclosures, if any, accompanying such purchase contract provided by the Builder for the complete terms of sale.

 

Homes within Cinco Ranch are constructed and sold by Builders not affiliated with Developer or Newland. Developer and Newland do not warrant or guarantee the obligations, construction, or pricing of Builders who may build and sell homes in Cinco Ranch. Future development of Cinco Ranch may or may not occur as shown on illustrations, depictions or maps.

 

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 property directly from Developer. Builders, unaffiliated with Developer or its affiliates and unaffiliated with Newland, are building homes in Cinco Ranch. Developer and Newland are not co-developing, co-building or a partner or joint venturer with such Builders. Developer and Newland are in no way responsible for any obligations or representations of any of the Builders to third-parties and/or homebuyers, and Developer and Newland shall incur no liability whatsoever nor shall it have any obligations or liability to any homebuyer regarding a home purchase from a Builder. Homebuyers 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 Developer or Newland arising out of their purchase transaction with the Builders.

 

North America Sekisui House or the California Public Employees Retirement System (“CalPERS”) may have an indirect interest in one of Developer’s members. Newland, North America Sekisui House, or CalPERS shall have no (i) liability whatsoever with respect to the development of Cinco Ranch or the selling of homes by the Builders, and (ii) responsibility for any claims, issues, or matters arising at Cinco Ranch. Developer is not a guarantor or party to any of the agreements between the Builders and third-parties, including homebuyers, and furthermore Newland, North American Sekisui House, and CalPERS are not a guarantor or party to any of the agreements between Fee Owners and any third parties or the Builders. Homebuyers shall look solely to Builders with respect to any claims or issues arising out of their purchase of a home in Cinco Ranch.

 

Any sketches, renderings, elevations, graphic materials, floor plans, plans, specifications, completion dates, terms, conditions and statements contained in the Site are proposed only, and Developer reserves the right to modify, revise and withdraw any or all of same in its sole discretion and without further notice.  Maps and illustrations are not drawn to scale and are artistic renderings only. Finishing items displayed in this Site are shown for illustrative purposes only and may not actually be included in the home you purchase. 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 in 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 Cinco Ranch 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.

 

 Developer seeks to work with reputable Builders; however, each Builder operates independently and is not affiliated with Developer. Homebuyers in Cinco Ranch contract directly with the Builder 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 (which is subject to change), engineering, workmanship, construction materials or their availability, or availability of any home or any other building constructed by such Builder at Cinco Ranch or the obligations of any such Builder or materialmen to the homebuyer.

 

Americans with Disabilities Act

Developer supports and uses its best efforts to secure full compliance with the Americans with Disabilities Act (ADA). Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodation and commercial facilities and will not tolerate any such discrimination. Developer pledges to utilize reasonable efforts to ensure compliance with the ADA in its places of public accommodation and commercial facilities.

 

Equal Opportunity

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

Models/lifestyle photos do not reflect racial or ethnic preference.

 

Press Releases

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.

 

Revisions to these Terms of Use

You agree that Developer 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 Developer 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 Developer 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 Developer by sending an email toinfo@newlandco.com.

 

COPYRIGHT © NASH Cinco NW, LLC; Terrabrook Cinco Ranch Southwest, LLC. 2016 All rights reserved.