Terms and Conditions of Use of this Website
Revised December 1, 2019
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
You accept these Terms by accessing or using this Website in any manner, even if You do not create an Account at this Website. To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, we do not knowingly provide products or services to children under the age of 18. This Website is a general audience site that is not designed nor intended to collect personal information from children. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. If You are using this Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.
SECTION 18 OF THIS TERMS AND CONDITIONS OF USE AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.
CPH may change these Terms at any time. The most current version of these Terms can be accessed at http://www.calpacifichomes.com/about/terms-of-use. By continuing to access or use this Website, You accept any changes or revisions to the Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
1. General Terms and Conditions
The Terms apply to use of this Website by You and all Users. By accessing or using the Website, You and all Users agree to be bound by the Terms. CPH provides the information, services, text, graphic, links or other material on this Website to You and all Users conditioned on Your acceptance without modification of the Terms. The information offered on this Website is provided with the understanding that neither CPH nor any of its affiliated entities is engaged in rendering legal or other professional services or advice. The use of the Website is subject to the additional disclaimers, caveats and notices that may appear throughout the Website.
2. License to Use this Website
CPH grants You a personal, non-exclusive, non-transferable, limited and revocable license to use this Website subject to the Terms. You may use this Website and information acquired from this Website for Your own personal, non-commercial, lawful purposes. You may not use this Website in a manner that exceeds the rights granted for Your use.
OTHER THAN CONNECTING TO THIS WEBSITE BY HTTP OR HTTPS REQUEST USING A WEB BROWSER, YOU MAY NOT ATTEMPT TO ACCESS CPH'S SERVERS OR THIS WEBSITE BY ANY MEANS. IN PARTICULAR, YOU ARE PROHIBITED FROM SCRAPING, CRAWLING, DATA-MINING, OR USING ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE TO SEND QUERIES TO CPH'S SERVERS OR THIS WEBSITE. YOU MAY NOT USE THIS WEBSITE TO COMPILE DATA FOR USE BY ANY COMMERCIAL ENTITY.
YOU AGREE NOT TO DISRUPT, MODIFY OR INTERFERE WITH THIS WEBSITE, OR ITS ASSOCIATED SOFTWARE, HARDWARE, AND SERVERS IN ANY WAY. YOU AGREE NOT TO IMPEDE OR INTERFERE WITH OTHERS' USE OF THIS WEBSITE. YOU FURTHER AGREE NOT TO ALTER OR TAMPER WITH ANY INFORMATION OR MATERIALS ON OR ASSOCIATED WITH THIS WEBSITE.
CPH may assign this agreement at any time without notice to You/its Users. You may not assign this agreement to anyone else, and any attempt to assign shall be void.
4. Equal Housing Opportunity.
All real estate information provided herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination." Your state or local jurisdiction may impose additional requirements. CPH is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. CPH encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin. All dwellings within the United States advertised by CPH and its affiliated entities are available on an equal opportunity basis.
5. Specifications and Virtual Models
Despite CPH's efforts to provide accurate information, it is not possible to completely ensure that the ever-changing information affecting its properties is up-to-date. The information contained on this Website may contain inadvertent errors or oversights. All information should be verified at the particular CPH community from which information is desired and should be confirmed at such time that You may wish to enter into a sales contract for the purchase of a home from CPH.
All virtual models are displayed for illustrative purposes only, and the homes and property actually available to You may differ. Nothing in any virtual display is intended as an agreement, representation, or commitment by CPH to deliver the home or property exactly as depicted in any such display. The virtual display is a computer rendition of the homes and the size, shape, building materials, colors and other features of the homes may differ from the actual as-built condition of the property. Square footage numbers are approximate and may vary depending on the standard measurement used. In addition, square footage and design may change from the original conceptual design throughout the actual construction process. CPH reserves the right to make any changes and substitutions to the models, plans, specifications, amenities, features, designs, dimensions, materials, fixtures and other elements of the homes and property and any residential development project of which they are a part. Prices and availability are subject to change without notice.
Any facilities labeled "proposed" or "future development" are in formative stages and there is no guarantee that they will be completed or developed in accordance with any plans or specifications, if at all. CPH cannot guarantee the continuation of any contiguous or nearby amenities in the area surrounding its communities.
References to home prices that may appear in the Web pages refer to the base house and do not include any optional features. Prices and terms are subject to change, prior sale, selected lot premiums and or predetermined options at any time and without notice. Photos or drawings of homes may show upgraded landscaping and may not represent the lowest priced homes in the community. Floor plans will vary from the actual plans and homes built. CPH expressly reserves the right to make changes to its home designs, prices, available options and other features, and to build more or fewer homes than currently planned.
You should therefore consult a Design Counselor and refer to the plans and specifications available at the sales center for the individual CPH community to satisfy yourself on details on any particular lot and any particular home design.
6. Home Financing
Financing programs described in these materials are available only through certain vendors specified by CPH, which may be affiliated with CPH. Home buyers are not required to obtain financing from these sources and may obtain financing from any lending institution. Any applications or other information submission pages contained in this Website are
neither a full mortgage application nor a promise to provide a loan. For further information, please contact a CPH Design Counselor for information on the CPH community.
7. Informational Purposes Only
The content provided on this Site is intended for informational purposes only and is not intended to be a legally binding offer or solicitation. All homes are subject to prior sale. Prospective purchasers must visit a sales office to purchase a home. CPH assumes no responsibility or liability for any actions taken as a result of using this Website, or for errors or omissions in content. CPH has no duty to keep the Website updated. Homes, prices and other information, including availability, is subject to change at any time, and the Website may contain inaccurate, incomplete or out of-date information. You should not assume that the Website information is current. For most current information, please contact a CPH Design Counselor for information on the specific CPH community.
9. Links to Other Websites
You may find links to other Internet sites or resources on this Website that offer content, goods, or services. A link from this Website to a third-party website does not imply endorsement of that website nor any ability to control that site's contents, products or privacy practices. You acknowledge and agree that CPH has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; the availability or accuracy of any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.
10. CPH's Intellectual Property- Service and Trade Marks
The entire content of information on this Website, including without limitation all images, videos, design, text, images, screen displays, software, photographs, press releases and other information, are copyrighted as a collective work and protected under the United States and other copyright laws, and are owned by CPH and/or used under license or permission from the copyright owner, and are protected under U.S. and international intellectual property laws.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
You agree not to reproduce, distribute, display or create derivative works of any part of this Website or any information presented to You through this Website, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on this Website, framing content from this Website, or creating any unauthorized derivative work. The information contained in this Website may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without CPH's prior written consent, except to the extent that such use is authorized under U.S. or other intellectual property laws. CPH's logos, images, service marks and trademarks used on the Website are owned property of CPH and may not be used without prior written consent of authorized CPH officers.
CPH uses third party trademarks on this Website to identify the owners of those marks. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and this Website. All third-party trademarks and logos are the property of their respective owners.
11. Submission of Confidential Information and Ideas
From time to time users submit ideas to CPH, either by email or in the course of a customer service interaction, for improving this Website or CPH's communities, homes, and services. CPH has no obligation to treat this material as confidential information. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to CPH.
12. Intellectual Property Claims
If You believe that Your copyright has been infringed in any way by this Website, promptly provide in writing the following information to our Digital Millennium Copyright Act (17
U.S.C. §512) Designated Agent:
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CPH to locate the material;
iv) Information reasonably sufficient to permit CPH to contact You, such as an address, telephone number and e-mail address;
v) A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
vi) A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for this Website is: California Pacific Homes
Attn: DMCA Designated Agent/Privacy Officer
16530 Bake Parkway, Suite 200
Irvine, CA 92618
Or fax to: 949.833.6133, Attn: Privacy Officer/DMCA Designated Agent
If You believe that Your other intellectual property or publicity rights have been infringed in any way by this Website, please provide a detailed description of the alleged infringement for further investigation via e-mail to email@example.com. CPH actions in receiving, investigating, or responding to Your e-mail shall not constitute CPH's agreement or verification of Your claim(s) nor any admission of liability therefor. CPH makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.
Any notices to be given to CPH under these Terms shall be made m writing to firstname.lastname@example.org or to the following address:
California Pacific Homes
Attn: DMCA Designated Agent/Privacy Officer
16530 Bake Parkway, Suite 200
Irvine, CA 92618
You agree that CPH can send You electronic notices to the e-mail address that You provided to CPH in creating Your Account or by displaying the notice on this Website. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that CPH may deliver notice to you by written communication delivered by first class U.S. mail or courier service to your address on record in Your Account.
14. Representations or Warranties.
CPH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE MATERIALS AND INFORMATION CONTAINED ON THIS WEBSITE.
YOU USE THIS WEBSITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM THIS WEBSITE, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF CPH HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CPH PROVIDES THIS WEBSITE, THE SERVICES, THE INFORMATION AND THE CONTENT "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, AND CPH SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO THE USE OF, OR THE MATERIAL ON, THE WEBSITE SHALL BE TO DISCONTINUE ACCESSING THE WEBSITE AND CEASE FROM USING THE INFORMATION OR MATERIAL OBTAINED.
YOU AGREE THAT CPH SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF, OR RELIANCE UPON THE WEBISTE OR ANY OF ITS CONTENT.
NO INFORMATION OR ADVICE PROVIDED ON THIS WEBSITE BY CPH, OR BY CPR'S EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY.
CPH MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:
i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT;
ii) THAT THIS WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR FREE;
iii) THAT THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;
iv) AS TO THE QUALITY OR VALUE OF ANY OF CPH'S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU OBTAIN VIA THE WEBSITE; OR
v) THAT ANY ERRORS ON THIS WEBSITE WILL BE CORRECTED.
15. Limitation of Liability
To the fullest extent permitted by applicable law, CPH, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors and assigns, shall have no liability, relating to Your use of or access to (or inability to access) this Website, your use of any information or material contained therein, for:
i) Any and all claims for damages for actual, consequential, incidental, exemplary, special, or punitive damages even if CPH is advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or
ii) For direct damages, actually proven, exceeding US$1,000.00. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.
CPH reserves the right, at any time, in CPH's sole and exclusive discretion, to amend, modify, suspend, or terminate this Website, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. CPH shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.
You agree to defend, indemnify, and hold CPH, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of this Website.
CPH reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify CPH. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from CPH.
17. Choice of Law and Venue for Resolving Disputes
The internal laws of the State of California govern this contract and any claims relating to the materials on this Website or dispute that You may have against us, without regard to its conflict of laws rules.
The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
You further agree that any disputes or claims that You may have against us will be exclusively resolved by a court located in Orange County, California, USA. You irrevocably consent to the venue and jurisdiction of such courts.
BY AGREEING TO THESE TERMS YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST CPH BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
18. BINDING ARBITRATION
18.1. Arbitration Procedures. You and CPH agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to this Agreement (each a "Claim"), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
18.2. Except as otherwise set forth in Section 18.4 below, You may seek any non-injunctive remedies available to You under state or local laws in an arbitration action. As part of the arbitration, both You and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) You and CPH may litigate in
court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND CPH WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
18.3. Location. The arbitration will be conducted in Orange County, California, unless the parties agree to video, phone and/or internet connection appearances.
18.4. Limitations. You and CPH agree that any arbitration will be limited to the Claim between CPH and You individually. YOU AND CPH AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
18.5. Exceptions to Arbitration. You and CPH agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of Your or CPH's intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration with the other party's consent.
18.6. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
18.7. Severability. You and CPH agree that if any portion this Section is found illegal or unenforceable, except any portion of Section 18.4, that portion will be severed and the remainder of the Section will be given full force and effect. If Section 18.4 is found to be illegal or unenforceable, then neither You nor CPH will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the Orange County, CA and You and CPH agree to submit to the personal jurisdiction of that court.
EACH OF THE PARTIES HERETO IRREVOCABLY WAlVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.
If any term of this Agreement is declared unlawful, void or unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of the remaining terms.
20. English Language
Various portions of the Website may include non-English language, including but not limited to Spanish, Vietnamese or Chinese, and are provided for Your convenience. CPH makes no representation or warranty as to the accuracy or completeness of the translation provided and undertake no further obligation to interact with You in that language. CPH conducts its business in American English and You should anticipate any further contact with CPH or CPH New Home Advisors will be in English. If you elect to purchase a home from CPH, the home purchase agreement and any supplemental information and correspondence from CPH, including homeowner warranties and maintenance manuals, will be written in English, and all CPH personnel, including its Design Counselors and service warranty personnel, speak English.
21. Entire Agreement
These Terms and any policies posted on this Website constitute the entire contract between You and CPH and supersede all previous written or oral contracts regarding this Website and its usage. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.