Effective date: September 29, 2016

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.

Terms of Use