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You should read this
Legal information carefully before using the Web Site. By using
the Web Site, you assent to the following terms of use. If you do
not agree to these terms, do not use the Web Site.
Hallmark Communities, Inc. is the owner of the HallmarkCommunities.com
web site. Visitors are invited to visit the Web Sites subject
to these terms and conditions. HallmarkCommunities.com is a company
registered under the laws of the State of California. The
commitments and responsibilities are set forth elsewhere in this
Web site and are included by reference here, as an integral part
of this Agreement. Hallmark Communities, Inc. retains sole discretion as to
decisions made regarding any use of this Web site.
BY VISITING OR USING ANY OF THE Hallmark Communities FAMILY OF WEB
SITES OR ANY PAGE OF THE Hallmark Communities FAMILY OF WEB SITES,
EXCEPT THIS PAGE AND HOME PAGES OF THE Hallmark Communities WEB
SITES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND THAT
SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND Hallmark Communities, Inc.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE,
PLEASE DO NOT VISIT OR USE ANY OF THE Hallmark Communities WEB
SITES OR ANY PAGE OF THE Hallmark Communities FAMILY OF WEB SITES.
FURTHERMORE, BY USING ANY OF THE Hallmark Communities FAMILY OF WEB
SITES, YOU ACKNOWLEDGE THAT Hallmark Communities IS NOT A REAL
ESTATE BROKER, MORTGAGE BROKER OR MORTGAGE LENDER. IT DOES NOT AID
OR ASSIST BORROWERS IN OBTAINING, SOLICIT BORROWERS OR LENDERS
FOR, NEGOTIATE OR MAKE LOANS SECURED BY LIENS ON REAL PROPERTY.
The Hallmark Communities, Inc.'s Hallmark Communities Web site (the "Web
site") is an online communication and vendor information
service provided by Hallmark Communities, Inc. Hallmark Communities
("HallmarkCommunities.com").
Access and use of the Web site is subject to compliance with the
terms and conditions set forth in this agreement
("Agreement"). Please take the time to examine this
document carefully and understand its full contents before
accessing or using the Web site. By accessing or using the Web
site, you will agree to be legally bound by the terms and
conditions set forth below. You should not access or use the Web
site if you do not want to be bound by these terms and conditions,
without exception. This Agreement may be modified at any time
without notice, and any such modification shall be effective
immediately upon posting. By accessing and using this Web site you
agree to periodically review this Agreement and be bound by any
modifications or amendments to this Agreement.
HallmarkCommunities.com Usage Agreement
You shall not use the HallmarkCommunities.com Web Site, in whole or
in part, for any purpose that is unlawful or prohibited by these
Terms and Conditions of or for any purposes other than those that
are personal and non-commercial, provided, however, that a real
estate commission shall not be considered a fee for the purposes
hereof. You agree that you will not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, transfer,
download, post, create derivative works from, frame in another web
page, use on any other web site, transfer or sell any information,
software, lists of users, databases or other lists, products or
services provided through or obtained from the HallmarkCommunities.com
web site, including, but not limited to the
text, graphics, logos, photos, and audio and visual files, without
express written permission from HallmarkCommunities.com. This means,
among other activities, that you agree not to engage in the
practices of "screen scraping," "database
scraping," or any other activity with the purpose of
obtaining lists of users or other information. You agree that you
will not use the HallmarkCommunities.com web site in any manner that
could damage, disable, overburden, or impair the HallmarkCommunities.com
web site or interfere with any other party's
use and enjoyment of the HallmarkCommunities.com web site. You may
not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for
through the HallmarkCommunities.com web site.
Unauthorized individuals attempting to access any area of this
site in a prohibited manner may be subject to prosecution.
HallmarkCommunities.com Disclaimer
HallmarkCommunities.com is a company registered under the laws of
the State of California. The commitments and responsibilities are
set forth elsewhere in this Web site and are included by reference
here, as an integral part of this Agreement. HallmarkCommunities.com
retains sole discretion as to decisions made regarding any use of
this Web site.
HallmarkCommunities.com reserves the right to void or delete
information for any reason, without notice, and as it deems
necessary.
HallmarkCommunities.com will not be responsible for errors or
technical difficulties with the functionality of the site or for
electronic mail transmissions. HallmarkCommunities.com accepts no
responsibility for errors in specifications, pictures or
illustrations, typographical or photographic errors, or
functioning of this site's software or hardware.
The information, photography, text, graphics and other materials
provided on this Web site are intended solely for informational
purposes only and are not intended to constitute an offer or
solicitation to sell real estate. The new home images featured on
this Web site are merely representations of the type of homes
built in the particular community and are not intended to imply
that the specific new home you have viewed on this Web site is
available for sale on the terms presented. All information
regarding the new homes shown on this Web site, including without
limitation, pricing, availability, features, square footage and
floor plan are subject to change by the respective builder without
notice. While we make every effort to provide accurate information
on this Web site, we cannot guarantee that all of the information
on our Web site is correct or current.
You understand that, except for information, products or services
clearly identified as being supplied directly by HallmarkCommunities.com,
HallmarkCommunities.com does not operate,
control, endorse, guarantee, represent or warrant any information,
products or services on, or accessed through, this Web site in any
way. Except for HallmarkCommunities.com identified information,
products or services, all information, products and services
offered on the Web site are offered by third parties that are not
affiliated with, nor under the control of, HallmarkCommunities.com.
HallmarkCommunities.com will not and does not guarantee, represent
or warrant that files or software of any kind, or from any source,
available for use or downloading through the Web site, will be
free of infection or viruses, worms, Trojan Horses or other code
or defects that manifest contaminating or destructive properties.
BY ACCESSING OR USING THIS WEB SITE, YOU ASSUME ANY AND ALL
RESPONSIBILITY AND RISK OF USE OF THE WEB SITE AND ANY PRODUCTS OR
SERVICES CONTAINED THEREIN. THE WEB SITE IS PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR TITLE. HallmarkCommunities.com ASSUMES NO
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS WEB SITE OR ANY
OTHER WEB SITE WHICH MAY BE REFERENCED OR LINKED TO THIS WEB SITE.
REFERENCES TO CORPORATIONS, THEIR SERVICES, INFORMATION, OR
PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR TITLE. HallmarkCommunities.com MAKES NO
REPRESENTATION OR WARRANTY CONCERNING THE FUNCTION OF PRODUCTS AND
SERVICES AVAILABLE THROUGH THIS WEB SITE WHEN HANDLING DATES IN OR
AFTER THE YEAR 2000, AND DISCLAIMS ANY LIABILITY FOR THEIR FAILURE
TO HANDLE SUCH DATES PROPERLY.
UNDER NO CIRCUMSTANCES SHALL HallmarkCommunities.com BE LIABLE TO A
USER OR ANY OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA, SALES, GOODWILL OR PROFITS, WHETHER OR NOT HallmarkCommunities.com
HAS BEEN ADVISED OF SUCH POSSIBILITY, OR
UNDER ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, IN TORT,
CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE
USE, COMMUNICATION OR TRANSMISSION WITH OR BY THE WEB SITE. THE
INFORMATION INCLUDED IN THIS WEB SITE MAY INCLUDE TECHNICAL OR
OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. HallmarkCommunities.com
DOES NOT REVIEW OR SUBSTANTIATE ANY OF THE INFORMATION, PRODUCTS,
SERVICES, OR CLAIMS MADE ON THE WEB SITE. IMPROVEMENTS,
MODIFICATIONS AND/OR AMENDMENTS (COLLECTIVELY "CHANGES")
ARE PERIODICALLY MADE TO THIS AGREEMENT; THESE CHANGES WILL BE
INCORPORATED INTO THE WEB SITE. HallmarkCommunities.com MAY MAKE
IMPROVEMENTS AND/OR AMENDMENTS TO THE WEB SITE AT ANY TIME WITH OR
WITHOUT NOTICE ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL
AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY
APPEAR. IT IS SOLELY THE USERS RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION,
SERVICES, MERCHANDISE PROVIDED THROUGH THE WEB SITE. HallmarkCommunities.com
DOES NOT AND WILL NOT GUARANTEE, REPRESENT
OR WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE
OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED.
Links To Third Parties' Sites
This site may contain links and pointers to sites maintained by
third parties. HallmarkCommunities.com does not operate or control,
in any respect, any software, hardware, information, products or
services received on or through such third-party sites.
Third-party links and pointers are included solely for the
convenience of third-party, and do not constitute any endorsement,
representation, warranty, or guarantee by HallmarkCommunities.com of
such third-party sites. Third-party assumes sole responsibility
and risk for use of such third-party links and pointers.
Third Party Sources
In order to provide a comprehensive resource for the new home
buyer, HallmarkCommunities.com has collected product and service
offering information from many sources. The accuracy of
information has not necessarily been verified. If you believe any
information is inaccurate, please contact HallmarkCommunities.com at
support at HallmarkCommunities.com
Web Site Property
The computer programs contained on the site or other electronic
media contains the intellectual property and other proprietary
information of HallmarkCommunities.com All title to, ownership of,
and rights in and to the software including and enhancements,
improvements and other additions thereto shall remain the sole and
exclusive property of HallmarkCommunities.com.
All software and hardware involved in this site is the exclusive
property of HallmarkCommunities.com Inc. Hallmark Communities This
software, including without limitation all HTML code, Java
Programs and Active X controls contained in this site, exclusively
owned by HallmarkCommunities.com Inc. Hallmark Communities, is and
shall, to the maximum extent possible, be protected by copyright
laws and international treaty provisions.
Any reproduction, redistribution, public performance, display or
creation of a derivative work of the software is expressly
prohibited by this Agreement and breaches will be pursued by legal
action to the fullest extent possible. To the extent this software
is covered by copyright law, violators are given notice that any
such violations may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. You
shall have no right or claim of right to the software or any
unique ideas found on this site.
All data and materials digitized by HallmarkCommunities.com on your
behalf, shall be exclusively licensed to HallmarkCommunities.com for
the sole purpose of use on the Site. You, or any agent or party on
your behalf, agree that you shall not enter the Site in order to
use data digitized by HallmarkCommunities.com for any purpose other
than those described in these terms and conditions, without the
express written consent of HallmarkCommunities.com.
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED.
Arbitration and General Provisions
Any claims relating to the information available on the Web Site
("Claims") shall be governed by the laws of the State of
California U.S.A., excluding the application of its conflicts of
law rules. Any claim or controversy arising out of or relating to
these Terms and Conditions shall be settled exclusively by final
and binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association. The Web
Site is operated by Hallmark Communities, Inc. from its offices within the
United States. Hallmark Communities, Inc. makes no representation that the
information in the Web Site is appropriate or available for use in
other locations, and access to the Web Site from territories where
the contents of the Web Site may be illegal is prohibited. Those
who choose to access the Web Site from other locations do so on
their own initiative and are responsible for compliance with
applicable local laws.
You agree that any dispute or controversy arising out of or
relating to any interpretation, construction, performance or
breach of these Terms and Conditions or any agreement
incorporating these terms and conditions be reference, shall be
settled by arbitration to be held in San Diego County, California,
in accordance with the rules then in effect of the American
Arbitration Association. The arbitrator may grant injunctions or
other relief in such dispute or controversy. The decision of the
arbitrator shall be final, conclusive and binding on the Parties
to the arbitration. Judgment may be entered on the arbitrator's
decision in any court having jurisdiction. The Parties shall each
pay one-half of the costs and expenses of such arbitration, and
each shall separately pay its counsel fees and expenses. |
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