We are pleased you have visited the website of De Young Properties at
www.deyoungproperties.com (the “Site”). The Site is designed to provide information regarding our homes, communities, services and products. You cannot enter into a contract to buy or finance a residence or any other product or service sold by De Young Properties or its related and affiliated entities through the Site. If you want further information regarding our homes or communities, please contact De Young Properties by using the contact information found here.
PLEASE READ THE FOLLOWING TERMS OF USE OF THIS SITE. ALL USERS OF THE SITE AGREE THAT ACCESS TO AND USE OF THIS SITE ARE SUBJECT TO THE FOLLOWING TERMS OF USE AND OTHER APPLICABLE LAW.
1. Acceptance of Terms
This is a binding agreement between you and De Young Properties and its related and affiliated entities (“us,” “we,” or “Company”). By using the Site or any services in connection with the Site (the “Service”) you agree to be bound by and to abide by these Terms of Use, as they may be amended by Company from time to time in its sole discretion. Amended Terms of Use are effective upon being posted. Company will post a notice on the Site any time these Terms of Use have been materially changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. Privacy Policy
Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current Privacy Policy can be found by
clicking here. Company’s Privacy Policy is expressly incorporated into this Agreement by this reference.
3. Site Access. Company grants you permission to use the Site or Service as set forth in this Terms of Use, provided that: (i) using the Site or Service as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without Company’s prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
4. Offers and Pricing. Any and all offers on the Site are good for only a limited time only and Company reserves the right to change, modify or withdraw any offer at any time, without notice. Offers are void where prohibited by law and in states where prior registration is required. The Site may from time-to-time contain pricing, terms and other information related to costs and expenses of houses located in our communities. While we attempt to ensure that the prices, terms, costs and expenses contained on the Site are accurate, any and all pricing and figures are subject to change in Company’s sole and absolute discretion. Nothing on the Site creates a binding agreement between you and the Company and only definitive legal documents executed by you and Company shall create a legally binding agreement. Company reserves the right to modify, amend, change or withdraw any price, term, cost, expense or offer at any time, without notice. Please consult a sales representative for specific price or other information.
5. Communities. Company reserves the absolute right to change, modify, add, alter, and eliminate features, options and design elements within any community without notice or obligation. Not all features and options are available at all communities, some optional items have additional costs associated with them and may not be available. The description of communities and amenities on the Site represent the current plans and are not guaranteed, and may change at any time without notice. Company cannot control future development and does not guarantee the preservation of any view or the natural surroundings.
6. Floor Plans/Designs. The plans and elevations featured on the Site are renderings and may contain options that are not standard. Company reserves the right to change floor plans, dimensions, and available options without prior notice. The dimensions and square footages provided are approximations and should not be representative of the residence’s actual size. The specific features of a residence may vary from one another. Company reserves the right to substitute equipment, materials, appliances and brand names. Color and size variations may occur.
7. Equal Housing Opportunity. Information on this Site may be subject to the United States Federal Fair Housing Act of 1968, as amended, which makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin or an intention to make any such preference, limitation or discrimination.” The Company is an equal opportunity builder, and encourages and supports affirmative advertising and marketing programs in which there are no barriers to home ownership based on such classes. All homes advertised by the Company are available on an equal opportunity basis. Models and lifestyle photos on the Site do not reflect racial or ethnic preference.
8. Compliance with Intellectual Property Laws
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Using the Service and the Site is governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, trade secret, or other intellectual property or proprietary rights (collectively, “Intellectual Property”). You agree to abide by laws regarding ownership and use of Intellectual Property, and you shall be solely responsible for any violations of any laws and for any infringements of third party rights.
9. Termination
Company reserves the right to terminate using the Service and/or the Site.
10. NO WARRANTIES
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY EMPLOYEE OR REPRESENTATIVE OF COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF USE.
11. LIMITED LIABILITY
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISING OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
12. Affiliated Sites
Company has no control over, and no liability for any third party websites or materials. Company works with several partners and affiliates whose Internet sites may be linked with the Site (“Affiliated Sites”). Because neither Company nor the Site has control over the content and performance of these Affiliated Sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time with using the Site, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that 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 using any and all third party content.
13. Prohibited Uses
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, 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 submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service 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 Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
14. Indemnity
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, violating these Terms of Use, or your infringement, or infringement by any other user of your account, of any Intellectual Property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
15. Company’s Proprietary Rights
All content of the Site, including the text, graphics, logos, icons, screens and configurations, software, trademarks, and trade dress (collectively, “Company Content”), is the property of Company or its licensors and is protected by U.S. and international intellectual property laws. You acquire no ownership rights in or to Company Content by using, printing, downloading or copying any Company Content or using this Site. Any use of Company Content or this Site other than for the express services provided is strictly prohibited. Copying, reproducing, modifying, distributing, transmitting, replicating or public exhibition of Company Content is strictly prohibited.
16. Limited License
Company grants you a personal, non-transferable and non-exclusive right and license to use the object code for the Site and Service on a single computer; provided, however that you shall not (and shall allow no third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software for the Site and Service. This license includes no resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. This Site or any portion of it may not be reproduced, copied, sold, resold, used, visited or otherwise exploited for any commercial purpose without the express written consent of Company.
17. Governing Law and Venue
These Terms of Use shall be construed under and governed by the laws of the United States and California, without reference to their rules regarding conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state or federal courts in Fresno County, California in all disputes arising out of or related to the Site or Service.
18. Severability; Waiver
If, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. Trademarks; No License
The Company’s logo, trademarks and service marks are trademarks of Company (the “Company Marks”). Nothing on the Site should be understood as granting you a license to use the Company Marks, or the marks of any third party. Without Company’s prior written permission, you agree not to display or use in any manner the Company Marks or the marks of any third party on this Site.
20. Alleged Violations. Company reserves the right to terminate your use of the Site. To ensure that Company provides a high quality experience for you and other users of the Site, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes you have violated the Terms of Use, furnished Company with false or misleading information, infringed upon the intellectual property rights of Company or any third party, or interfered with the Site by others.
21. Attorneys’ Fees
In any litigation, arbitration or other proceeding arising out of these Terms of Use, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs to resolve the dispute and to enforce the final judgment.
22. Modifications
Company may and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
