(Last Updated April 25, 2017)
Use of Copyrighted Materials/Trademarks
Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship (collectively the “Materials”) are copyrighted materials owned by or licensed to Developer. All rights are reserved. The Materials contain trademarks, service marks and trade names which are all owned by Developer or licensed for use by Developer, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for reproduction, sale, commercial use or further distribution, subject to the following additional conditions:
1) Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
2) Developer reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Developer or its agents.
Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Developer or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Developer and/or any third party who is the owner of such IP Rights in the Materials, as applicable. Any unauthorized use of any Materials or IP Rights shall cause irreparable damage to Developer and shall be subject to prosecution by Developer during which Developer may pursue all remedies including injunctive relief.
Hyperlinks to this Site
You are granted a limited, nonexclusive right to create a "hypertext" link to the Site provided that such link is to the entry or home page of this Site and does not portray Developer or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Developer at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Developer trademark, logo or trade name or other proprietary information, including the Materials found at or on the Site, the content of any text or the layout/design of any page of the Site or any form contained on a page of the Site without the express written consent of Developer in each instance. In addition, you may not use any meta tags or any other "hidden text" utilizing Developer’s name, trademark, or product name without Developer's express written consent in each instance.
Operation and Access of Site
Developer makes no representations or warranties regarding the availability of the Site at any given time, whether the use of the Site will be uninterrupted, or the continued operation of the Site. Developer may, with or without notices, suspend the operation of the Site of indefinite periods of time, terminate the operation of the Site at any time, and suspend or terminate your ability to access and use the Site at any time. Developer, with or without notice, may revise the features and functionality of the Site, and the instructions and guidelines regarding the access to and use of the Site, at any time. Newland, with or without notice, may at any time revise the hardware, software and communication lines necessary to access and use the Site, and the Internet Protocol number(s) or address(es) used for the Site. While Developer takes reasonable steps to prevent the introduction of viruses, worms, Trojan horses, time bombs, or other computer programming routines, features or operations to the Site that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, Developer does not guarantee or warrant that the Site or materials transmitted from the Site do not contain such computer programming routines, features or operations. You shall indemnify and hold Developer harmless from any damage, loss, expense, including without limitation attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with these Terms. Developer is not responsible for any technical failures or problems that are beyond its control, or any results of any such failures or problems.
Prohibited and Unlawful Uses
You agree not to use this Site, including but not limited to any materials or services that you may receive through your use of this Site: (a) in a manner that violates any local, state, federal, foreign, or international statute, regulation, rule, order, treaty, or other law or for any purpose that is prohibited by these terms, conditions, or notices; (b) to stalk, harass or harm another person or to interfere with any other party's use and enjoyment of this Site; (c) to impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity; (d) to imply any relationship with Developer and/or its affiliates or to create the perception of any such relationship or (e) to damage, disable, overburden, interfere or disrupt this Site or the servers or networks connected to this Site or any of Developer's related websites. You further agree not to: (a) use any data mining, robots, or similar data gathering or extraction methods in connection with this Site or (b) attempt to gain unauthorized access to any portion of the Site or any other services, accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. Any hacking or interference by yourself or others in the orderly and proper administration of this Site will be prosecuted to the full extent of the law. You shall indemnify and hold Developer harmless from any damage, loss, expense, including without limitation attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relenting to any failure by you to comply with these Terms or any misrepresentation you make in your use and participation in the information provided by the Site.
Links to Third Party Web Sites
The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Newland. If you use these links, you may leave the Site. Developer has not reviewed any of these third party websites and does not control and is not responsible for any of these websites or their content. Developer does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
Use of Site is “As Is”
CERTAIN JURISDICTIONS MIGHT NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.
Developer makes no, and hereby disclaims all, warranties, express, implied and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, compliance with Federal, State and local regulations, the accuracy, timeliness, relevance, reliability or completeness of the Site or the Materials or any other warranties regarding the Site, Materials or the quality, suitability, truth, accuracy, timeliness, relevance and completeness of any content or other Materials contained on the Site. You acknowledge and agree that Developer does not warrant that access to the Site will be uninterrupted, or error-free. The Site is made available “as is” and “with all faults.”
No Investment Representation
Homes in MiraBay are being sold by builders that are unrelated to Developer or Newland, for personal use and enjoyment. Developer and Newland do not make, nor condone, any representations about future income, profit or rental potential of any home. You should purchase a home for personal use and enjoyment without reliance upon any potential for future profit, rental income, economic or tax advantages. There should be no expectation of profit on your purchase of a home based upon the efforts of others, including Developer or Newland. No purchase of property in a community owned by Developer or managed by Newland should be considered a risk capital investment and purchasers acknowledge that the only representations related to any such purchase shall be confined to the provisions contained in the purchase agreement which may not be varied by anything contained on this Site.
Not an Offering Where Prior Qualification Required or Where Prohibited by Law
The information in this Site does not constitute an offer to residents of jurisdictions where prior registration of out-of-state real estate offerings are required unless the community in question has been so qualified or exemptions are available. Offers to buy property originate from the buyer and can only be accepted at the sales center for MiraBay. Void where prohibited by law. No State or Federal agency has judged the merits or value, if any, of the real property offered in this Site.
California State Residents
WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE HAS NOT INSPECTED, EXAMINED, OR QUALIFIED THIS OFFERING.
New York State Residents
Developer and principal(s) taking part in the public offering or sale of homes in MiraBay are not incorporated in, nor do they currently maintain an office within the State of New York. Unless the offering of any cooperative interest in real estate is otherwise qualified under applicable New York law as described below. The offering for sale of homes in MiraBay is neither made in the State of New York nor made to the residents of the State of New York. Until such time as all registration and filing requirements under the Martin Act and the Attorney General’s regulations are complied with; a written exemption is obtained pursuant to an application and such is granted pursuant to and in accordance with the Cooperative Policy Statements #1, #7, or #12; or a “No-Action” request is granted (i.e., the offering has been “qualified” under New York law), no offering for sale of homes in MiraBay will be directed to any person or entity in or from the State of New York by, or on behalf of Developer or anyone acting on behalf of Developer or anyone acting with Developer’s knowledge, nor will any activities by Developer under such circumstances target New York State residents. These disclosures have been made to ensure that Developer has taken adequate measures to notify residents of the State of New York that it will not offer property that has not been previously qualified for sales in New York in or from the State of New York.
Disclaimers of Warranties
Newland has been retained by Developer of MiraBay as the property manager only. Newland shall have no (i) liability whatsoever with respect to the development of MiraBay or the selling of homes by the home builders (“Builders”), or (ii) responsibility for any claims, issues or matters arising at MiraBay. Neither Developer nor Newland is a guarantor or party to any of the agreements between the Builders and third parties, including home buyers, and, furthermore, Newland is not a guarantor or party to any of the agreements between Developer and any third parties or the Builders. Homebuyers shall look solely to the Builders with respect to any claims or issues arising out of their purchase of a home in MiraBay. Homebuyers should look to the relevant purchase contract and the disclosures, if any, accompanying such purchase contract provided by the Builder for the complete terms of sale.
Homes within MiraBay are constructed and sold by Builders not affiliated with Developer or Newland. Developer and Newland do not warrant or guarantee the obligations, construction, or pricing of Builders who may build and sell homes in MiraBay. Future development of MiraBay may or may not occur as shown on illustrations, depictions or maps.
Developer is responsible only with respect to the development of certain infrastructure improvements (e.g., roads, water, sewer, electric and certain amenities, etc.) and such obligations run solely to persons buying property directly from Developer. Builders, unaffiliated with Developer or its affiliates and unaffiliated with Newland, are building homes in MiraBay. Developer and Newland are not co-developing, co-building or a partner or joint venturer with such Builders. Developer and Newland are in no way responsible for any obligations or representations of any of the Builders to third-parties and/or homebuyers, and Developer and Newland shall incur no liability whatsoever nor shall it have any obligations or liability to any homebuyer regarding a home purchase from a Builder. Homebuyers from any of the Builders waive, to the fullest extent permitted by law, any and all rights, claims, causes of action, and other rights whatsoever against Developer or Newland arising out of their purchase transaction with the Builders.
North America Sekisui House or the California Public Employees Retirement System (“CalPERS”) may have an indirect interest in one of Developer’s members. Newland, North America Sekisui House, or CalPERS shall have no (i) liability whatsoever with respect to the development of MiraBay or the selling of homes by the Builders, and (ii) responsibility for any claims, issues, or matters arising at MiraBay. Developer is not a guarantor or party to any of the agreements between the Builders and third-parties, including homebuyers, and furthermore Newland, North American Sekisui House, and CalPERS are not a guarantor or party to any of the agreements between Fee Owners and any third parties or the Builders. Homebuyers shall look solely to Builders with respect to any claims or issues arising out of their purchase of a home in MiraBay.
Any sketches, renderings, elevations, graphic materials, floor plans, plans, specifications, completion dates, terms, conditions and statements contained in the Site are proposed only, and Developer reserves the right to modify, revise and withdraw any or all of same in its sole discretion and without further notice. Maps and illustrations are not drawn to scale and are artistic renderings only. Finishing items displayed in this Site are shown for illustrative purposes only and may not actually be included in the home you purchase. Finishing items are items such as, but not limited to, tile, marble, carpet, cabinets, stone, brickwork, wood, paint, stain and mica that are subject to size and color variations, grain and quality variations, and whose availability may vary in accordance with price, availability and manufacturer. Similarly, wall coverings, paint colors, accent light fixtures, wall ornaments, drapes, blinds, bedspreads, furniture, furnishings, wet bars, monitoring systems, certain built-in fixtures, special floor coverings, wood trim may be included in models or shown in illustrations in this Site strictly for purposes of decoration or example only and may not be included in the home you purchase from Builder. All improvements, designs and construction are subject to first obtaining the appropriate Federal, State and local permits and approvals for the same. Actual improvements may vary from those depicted and water, skyline or any other views may not be available from all the homes located in MiraBay nor are any such views guaranteed. Future development can modify, limit or eliminate view from a particular home. All references to square footage (or square meters) are approximate and the actual configuration may vary. Differing measuring techniques may also yield different total area of a home. You should not rely upon any listed figures describing the gross area of a home. All homes are being sold based upon their type and location without regard to the total size or square footage and there is no guaranty that measurement will yield a specific figure.
Developer seeks to work with reputable Builders; however, each Builder operates independently and is not affiliated with Developer. Homebuyers in MiraBay contract directly with the Builder and must rely solely on their own investigation and judgment of the Builder's construction and financial capabilities in as much as the Developer does not warrant or guarantee such capabilities, nor does Developer warrant or guarantee the design, views, pricing (which is subject to change), engineering, workmanship, construction materials or their availability, or availability of any home or any other building constructed by such Builder at MiraBay or the obligations of any such Builder or materialmen to the homebuyer.
Americans with Disabilities Act
Developer supports and will use reasonable and diligent efforts to comply with the policies and intent of the Americans with Disabilities Act (ADA). Title III of the ADA prohibits discrimination against persons with disabilities in places of public accommodation and commercial facilities. Developer intends to adhere to such requirements in its places of public accommodation and commercial facilities including on this site. Guidance on website navigation from federal authorities is only in the formative stages, but we are routinely updating this site. It is reasonably accessible to all in conformity with such guidance. Some legacy pages, including some blog posts, may not be readily susceptible to updating due to their age, source or type of content and may not be as accessible as the primary pages on our site. If any person has difficulties navigating any areas of this site due to a disability, please contact Kylene Kaelin at 858-875-8116 for assistance. In such an event, we can help facilitate the process and that will assist us in updating the site and navigation capabilities accordingly for the benefit of all.
Developer is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. Developer encourages and supports an affirmative advertising and marketing program in which there are not barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
Human Models/Lifestyle Photos
Models/lifestyle photos do not reflect racial or ethnic preference.
The information contained within press releases issued by Developer should not be deemed accurate or current except as of the date the release was posted in which case, Developer has used reasonable efforts to ensure the accuracy. Developer has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.
Forward Looking Statements
Our marketing materials and communications may contain “Forward Looking Statements” – that is, statements related to future, not past, events or projects. In this context, forward looking statements usually address our expected business performance and condition, and often contain words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “see,” “will,” “would,” or “target.” Forward Looking Statements by their very nature address issues that are uncertain and may cause our actual future results to be materially different than those expressed in our Forward Looking Statements.
If you have any questions regarding the Site, please contact Developer by sending an email to: email@example.com.
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