Terms of Use

Effective date: April 15, 2020

INTRODUCTION

Tesoro Viejo Development, Inc., a California corporation (“us,” “we,” or the “Company”) and affiliated entities provide the information and services (“Services”) located on the Company website (the “Site”). We created these Terms of Use (“Terms of Use”) to give you confidence as you visit and use the Site and the Services. These Terms of Use are only applicable to this Site, and not to any other websites that you may be able to access from the Site, each of which may have Terms of Use and Privacy Policy that differ materially from these Terms of Use.

BY ACCESSING OUR SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

PRIVACY POLICY

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current Privacy Policy can be found by clicking here and is expressly incorporated into these Terms of Use.

DISCLAIMERS

NO OFFER TO SELL; PURCHASE AGREEMENT REQUIRED. No information or material on this Site is to be construed to be an offer or solicitation for sale. All homes about which information is provided herein are subject to prior sale. You must visit a Welcome Center to purchase a home. The information provided on this Site is provided for informational purposes only. Completion and submission of an interest list for a particular neighborhood is not a guarantee of any priority for purchasing a home in that neighborhood. The purchase agreement for a particular home contains the terms and conditions of the purchase and supersedes any and all information on this Site.

INFORMATION IS PRELIMINARY AND SUBJECT TO CHANGE. All information contained on this Site is preliminary and subject to change without notice to you. 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 and are outside of our control. All special offers, incentives, and seller contributions are subject to certain terms, conditions, and restrictions, which may include designated lenders and closing agents. In addition, we reserve the right to change product, design specifications, materials and terms without prior notice. Product type including 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 the variance 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, walkways, driveways or landscaping. Human models do not reflect racial preference.

NO WARRANTIES; NO LIABILITY. The materials on the Site are provided “as is”. To the full extent permissible by applicable federal and state laws, we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Despite our efforts to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. The Company and its affiliates assume no responsibility or liability for any actions taken as a result of using this Site, or for errors or omission in the information or Services on this Site.

AFFILIATED SITES; LINKS. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose websites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such websites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site and Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

NO LICENSE IN TM, LOGOS & COPYRIGHT. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner. All contents of Site or Services are: Copyright © 2016 Tesoro Viejo Development, Inc. All rights reserved.

RELEASE. In consideration of being permitted to access and use the Site and Services, you hereby agree to release the Company and its affiliates, and each of its and their respective officers, directors, agents, co-marketers, other partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties in connection with the Site and/or Services, and your use of the Site and/or Services.

IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

PROHIBITED USES

We impose certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site or the Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

GOVERNING LAW

These Terms of Use shall be construed in accordance with and governed by the laws of the State of California, without regard to its conflicts of law provisions.

UPDATES AND CHANGES TO TERMS OF USE

We reserve the right, at any time, and without notice, to add to, change, update or modify these Terms of Use (including the Privacy Policy), simply by posting such change, update or modification on the Site and without any other notice to you. Any such change, update or modification will be effective immediately upon posting on the Site.

Prior Terms of Use was posted on October 2, 2015.

USER GENERATED CONTENT

Communications Services: The Websites or Applications may have social media pages, blogs, chat areas, forums, comments, rankings, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities that are designed to enable you and others to communicate with us and other users (collectively, “Communication Services”). You acknowledge that your submissions to the Websites or Applications may be or become available to others. You agree only to post, send, and receive messages and materials that are proper and related to the particular Communication Service and to adhere to these Terms and our “Terms & Use” posted on any Website, Application, or third-party website, platform or application.

Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and we reserve the right to determine what types of conduct it considers to be inappropriate use of the Websites and Applications. In the case of inappropriate use, the company or its designee may take such measures as it determines in its sole discretion.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  1. Use the Websites or Applications or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
  2. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  3. Take any action that imposes an unreasonable or disproportionately large load on a Website or Application’s infrastructure or otherwise in a manner that may adversely affect performance of the Website or Application or restrict or inhibit any other user from using and enjoying the Communication Service or the Website or Application.
  4. Use any Website or Application for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.
  5. Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Websites or Applications in any manner.
  6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.
  8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
  9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or device.
  10. Use any Website or Application to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
  11. Harvest or otherwise collect information about others, including email addresses, without their consent.
  12. Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
  13. Engage in any other action that, in the judgment of the company, exposes it or any third party to potential liability or detriment of any type.

User Materials: Any text, photos, videos, graphics, or other images, content, views or links submitted or otherwise made available by users through the Websites or Applications (“User Materials”) are strictly those of the originating author, who is solely responsible for the submitted content. Use of or reliance on User Materials is entirely at your own risk. We do not endorse any User Materials nor vouch for their reliability. Under no circumstances will we be liable in any way for any User Materials.

You acknowledge that we may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, edit, modify, delete and/or move any User Materials that are available via the Websites or Applications. Without limiting the foregoing, the company and its designees have the right to remove any User Materials that violate these Terms or are otherwise objectionable in our sole discretion. We shall have no liability for such removal.

You understand that by using the Websites or Applications, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content or User Materials available on or through the Websites or Applications.

Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via a Website or Application (“Submission”). All Submissions are subject to these Terms. We are under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.

By making a Submission, you represent and warrant that (i) your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that and you own all right, title and interest in your Submission and its parts, and copyright therein; (ii) that you and any other person mentioned or shown in your Submission, and your and their representatives, agents, heirs, executors and assigns, are 18 years old or older, and have the right to grant the rights hereunder concerning the company’s or its designees’ use, modification or distribution of the Submission or any part thereof, including without limitation any name, address, likeness, voice, statements, actions or biographical information; (iii) your Submission does not violate any applicable laws or regulations, or the terms or rules of any platform where it was posted, does not include any confidential or private information, and does not infringe or violate any other person’s or entity’s rights; (iv) your Submission does not contain any automated devices, bots, viruses, scripts, or any similar software. You further represent and warrant that you have not been and will not be paid or compensated by anyone else for posting your Submission or any part thereof or for the rights granted to us in these Terms, and no third party agent, manager, union or anyone else is entitled to be paid or compensated as a result of your Submission or the rights granted to us in these Terms. You must own all right, title, and interest, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission and consents and rights to post, distribute, or transmit your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission. By making a Submission, you grant the company and its service providers, licensees, assignees and designees an irrevocable, assignable, fully sub- licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name, username, caption, text, tags, or any part thereof and city/town/village/community of residency, in our discretion, on the Websites or Applications or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.

On behalf of yourself and your representatives, agents, heirs, executors, administrators and assigns, you hereby release the our Entities and all those acting in conjunction with or under the authority of the our Entities or any of them, from and against all claims, damages, losses, injuries, death or liability of any kind arising from or relating, in whole or in part, directly or indirectly, to your Submission or its use pursuant to these Terms. You acknowledge that you are familiar with the provisions of California Civil Code § 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Being aware of said code section, you hereby expressly waive any rights you may have thereunder, as well as any other statute or common law principles of similar effect.

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