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.
1. Acceptance of Terms
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.
Company reserves the right to terminate using the Service and/or the Site.
10. NO WARRANTIES
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
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.
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
18. Severability; Waiver
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.
21. Attorneys’ Fees