Terms Of Use
PLEASE READ THESE TERMS
OF USE VERY CAREFULLY.
Welcome to our website ("Site").
We maintain this Site as a service to our customers. BY USING
THE SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY
THE FOLLOWING TERMS OF USE ("Terms of Use"). For
purposes of these Terms of Use, the terms "we," "us," our" and "San
Elijo Hills" refers to San Elijo Hills Development Company,
LLC, a Delaware limited liability company, and "you" and "your" refers
to you, as a user of our site.
We may change these Terms of
Use at any time, without prior notice. If you access or use
the Site after we post a change,
you accept that change. If you do not accept the change,
do not access or use the Site. You should check these Terms
of Use periodically. USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE
OF ALL THE FOLLOWING TERMS OF USE, IN THEIR CURRENT FORM
OR AS MODIFIED.
1. Subject to your performance of all of the
provisions of these Terms of Use, San Elijo Hills hereby
grants you, a
limited, terminable, personal, non-exclusive license to access
and use the Site solely as provided herein and not to download
(other than page caching and other than the product information,
including neighborhood and home information, that you are
permitted to download through links on the Site) or modify
the Site or any information or data therein. You may use
the Site to browse San Elijo Hills' community and service
information, to request additional information from and to
communicate with us. Notwithstanding anything to the contrary
herein, all rights not specifically granted in the license
set forth above shall be reserved and remain always with
San Elijo Hills. No minors may use or access the Site. By
agreeing to these Terms of Use, you hereby warrant that you
are at least 18 years of age and are legally capable of agreeing
to these Terms of Use. We will not be liable for any loss
or damage arising from your failure to comply with these
terms. Your right to use the Site is not transferable.
2.
None of the material on our Site may be downloaded, distributed,
reproduced, republished, posted, transmitted or copied in
any form or by any means, without the prior written permission
of San Elijo Hills. All downloadable information, if any,
are provided solely for your personal evaluation use and
you may not distribute, reproduce, republish or otherwise
copy them or alter them in any way. Nothing contained herein
shall be construed by implication, estoppel or otherwise
as granting to the user an ownership interest in any copyright,
trademark, patent or other intellectual property right of
San Elijo Hills or any third party.
3. You will use the Site
in accordance with all applicable laws. San Elijo Hills may,
without notice, terminate your access to the Site or take
other actions as are reasonably necessary to comply with
legal requirements and as necessary to protect San Elijo
Hills' networks, information and the security and integrity
of the Site.
4. You shall not engage in unacceptable use
of the Site, which includes, without limitation, use of the
Site to: (a)
create a false identity or to otherwise attempt to mislead
any person as to the identity or origin of any communication;
(b) misrepresent or otherwise attempt to mislead any person
as to your information or otherwise engage in fraudulent
or deceptive conduct; (c) interfere, disrupt or attempt to
gain unauthorized access to other accounts on the Site or
any other computer network or to portions of the Site that
are restricted; (d) disseminate, store or transmit viruses,
trojan horses or any other malicious code or program; or
(e) engage in any other activity deemed by San Elijo Hills
to be in conflict with the spirit or intent of these Terms
of Use.
5. The content, including, but not limited
to, all product brochures and other community and home information,
contained
within or linked into the Site, organization, graphics, design,
compilation, and other matters related to the Site are protected
under applicable U.S. and international copyright, trademark
and other proprietary (including but not limited to intellectual
property) rights. "San Elijo Hills" our logos and
others marks are either trademarks or registered trademarks
of San Elijo Hills. The posting of information or materials
on the Site by San Elijo Hills does not constitute a waiver
of any rights in such information and materials. San Elijo
Hills exclusively owns all worldwide right, title and interest
in and to all documentation, software, contents, graphics,
designs, data, computer codes, ideas, know-how, "look
and feel," compilations, magnetic translations, digital
conversions and other materials included within the Site
and related to the Site, and all modifications and derivative
works thereof, and all intellectual property rights related
thereto. You shall not challenge, contest or otherwise impair
San Elijo Hills' ownership of the Site and the content therein
or the validity or enforceability of San Elijo Hills' intellectual
property rights related thereto. We reserve the right in
our sole discretion to edit or delete any documents, information
or other content appearing on the Site at any time without
notice. Community and home information, product and service
descriptions , terms and other information provided herein
are subject to change without notice.
6. You are responsible
for obtaining, installing and maintaining your own internal
equipment and communications services necessary
to access and use the Site. You shall be solely responsible
for any telephone charges, Internet access fees, and other
such similar fees and expenses that you incur by accessing
the Site.
7. Any and all information that we obtain from
you, or from transactions processed through the Site, including
names,
addresses, telephone numbers, e-mail addresses and any other
information concerning use, transactions, and traffic through
the Site may be collected and used by us as provided in our
Privacy Policy which can be accessed through the following
link: Privacy Policy.
8. THIS SITE AND THE MATERIALS CONTAINED
HEREIN, INCLUDING, BUT NOT LIMITED TO, COMMUNITY AND HOME
INFORMATION AND ANY
OTHER INFORMATION ABOUT OUR PRODUCTS AND SERVICES CONTAINED
WITHIN OR LINKED INTO THE SITE, ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE
CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION
OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
SAN ELIJO HILLS SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF THE SITE OR USE OF ANY INFORMATION OR SERVICE ACCESSED
THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM SAN ELIJO HILLS THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
OF ANY KIND. San Elijo Hills is not responsible for the contents
of any linked sites or any link contained in a linked site,
or any changes or updates to such sites.
9. SAN ELIJO HILLS
SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER
FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE
TERMS OF USE, ANY VIRUSES AFFECTING THIS SITE, THE USE
OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM
THE
USE OF THIS SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS,
HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
10.
These Terms of Use shall be interpreted and enforced according
to the substantive laws of the State of California,
without application of its conflicts or choice of law
rules. Should any part of these Terms of Use be held invalid
or
unenforceable, that portion shall be severed and the
remaining portions shall remain in full force and effect.
Our failure
to enforce any provision of these Terms of Use shall
not be deemed a waiver of such provision nor of the right
to
enforce that or any other provision of these Terms of
Use. In the event a dispute arises regarding these Terms
of
Use or the use of this Site, the prevailing party shall
be entitled
to recover reasonable attorneys' fees and costs incurred,
in addition to damages and any other relief to which
it is entitled.
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