TERMS AND CONDITIONS OF USE
Welcome to the www.thebaseatconcord.com website (“Website”) operated by Lennar Concord, LLC (“The Base at Concord”). TheseTerms and Conditions of Use and Privacy Statement (“Terms of Use”) govern your use of the Website.
1. Acceptance. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By accessing and using this Website, all users (individually, a “User” and collectively, “Users”) of this Website acknowledge that you have read, understand and agreed to be bound by the Terms of Use and all applicable laws. If you do not agree to these Terms of Use, do not view, browse or use any portion of this Website. The Base at Concord may revise, modify, amend or supplement these Terms of Use at any time by updating this posting. Your continued use of this Website constitutes your agreement to comply with such revisions. If you breach any of these Terms of Use, your permission to access or use this Website is automatically and immediately revoked. Any rights not expressly granted by these Terms of Use are reserved by The Base at Concord.
2. Copyright Notice. Copyright © 2018 Lennar Concord, LLC.
All rights reserved. The information, services, text, graphics, links or other material (“Content”) of this Website are provided by The Base at Concord as a service to the public and are to be used for personal, informational purposes only. The entire Content included in this Website is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Base at Concord. No Content from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except the User may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content from the different areas of this Website solely for the User’s own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this Website is strictly prohibited. The User further agrees not to change or delete any proprietary notices from Content downloaded from this Website. Any violation of the foregoing conditions or use inconsistent with these terms will subject the User to the possibility of full prosecution under applicable law.
3. Trademark Notice.
The trademarks, registered trademarks, service marks, registered service marks, logos, slogans, trade names and trade dress (“Marks”) used on this Website are proprietary to FivePoint Holdings, LLC (“FivePoint”), its parent companies, subsidiaries, affiliates (collectively, the “FivePoint Parties”), or licensors, and are protected by law. Some of those Marks include, but are not limited to, the following:
FivePoint
FivePoint Communities Management, Inc.
The Base at Concord, FivePoint, and the FivePoint Parties may, from time to time, add or register Marks in addition to those listed above. The absence of a company name or Mark from this list does not constitute a waiver of any trademark or intellectual property rights of The Base at Concord, FivePoint or the FivePoint Parties. The unauthorized use of any Marks on this Website is strictly prohibited. Fair use of the Marks displayed requires proper acknowledgment. Any third party names or trademarks referenced in this Website do not constitute or imply affiliation, endorsement or recommendation by The Base at Concord or FivePoint and neither The The Base at Concord nor FivePoint make any claims to the Marks of others that may appear on this Website.
4. Links to Other Websites and/or Materials.
Hypertext or other computer “links” may appear on this Website that may be used to link to other websites, including websites operated by other parties. These links are provided as a courtesy to Website visitors. In most cases The Base at Concord has no control over the linked websites or the materials, site plans, building renderings, floor plans, neighborhood maps, aerial photos, neighborhood photos, and/or enhanced descriptions of neighborhoods, other illustrations and other information, goods or services available or contained on these linked websites, including their privacy practices and terms and conditions of use. The Base at Concord is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked websites or any privacy or other practices of such websites and The Base at Concord disclaims all liability with respect to your access to, use of, or transactions or other interaction with those linked websites. If you decide to access any of the linked websites, you do so entirely at your own risk.
5. Disclaimers.
Although The Base at Concord attempts to ensure the integrity and accurateness of the Content of this Website, it makes no guarantees whatsoever as to the timeliness, completeness or accuracy of the Content. Content provided on this Website is intended for informational purposes only and is not intended to constitute an offer or solicitation. Information contained on this Website may be changed or updated without notice.
THIS WEBSITE AND THE CONTENT PROVIDED HEREIN IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BASE AT CONCORD, FIVEPOINT, THE FIVEPOINT PARTIES, ANY OF THEIR RESPECTIVE LICENSORS, SUPPLIERS AND THEIR RELATED PARTIES DISCLAIM ALL WARRANTIES OR REMEDIES FOR BREACH OF WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF THE CONTENT AVAILABLE FROM OR THROUGH THIS WEBSITE. IN NO EVENT WILL THE BASE AT CONCORD, FIVEPOINT, OR ANY FIVEPOINT PARTY, ANY OF THEIR RESPECTIVE LICENSORS, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.
6. Limitation of Liability.
WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF THE BASE AT CONCORD AND FIVEPOINT ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THIS WEBSITE AND ITS CONTENT SHALL NOT EXCEED FIFTY DOLLARS (U.S.). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE CONTENT, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THIS WEBSITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7. Real Estate Information; Site Plan/Neighborhood Map Disclaimer.
You agree by your use of this Website to all of the following: All information regarding any properties, product, design specifications, materials and terms is preliminary and subject to change without notice to you. The purchase agreement for a particular home or property contains the terms and conditions of the purchase and supersedes any information to the contrary set forth on this Website. Site plans, building renderings, floor plans, neighborhood maps, aerial photos, neighborhood photos and/or computer generated or enhanced depictions of neighborhoods (collectively “Illustrations”) posted on this Website or appearing through hypertext or other computer links on this Website that may be used to link to other websites, including websites operated by other parties, are conceptual in nature and are merely an artist’s rendition, and may not accurately represent the actual condition of the item being represented and should never be relied upon. All Illustrations are posted on this Website for illustration purposes only and do not in any way indicate any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination. THE PAST, PRESENT, FUTURE OR PROPOSED ROADS, EASEMENTS, LAND USES, CONDITIONS, PLAT MAPS, LOT SIZES OR LAYOUTS, ZONING, UTILITIES, DRAINAGE, LAND CONDITIONS, OR DEVELOPMENT OF ANY TYPE WHATSOEVER, WHETHER OR NOT REFLECTED ON THE ILLUSTRATIONS, MAY NOT BE SHOWN OR MAY BE INCOMPLETE OR INACCURATE AND MAY OR MAY NOT CHANGE IN THE FUTURE. IT IS NOT UNCOMMON THAT ANY OF THE FOREGOING OR THE ILLUSTRATIONS CAN CHANGE WITHOUT NOTICE TO YOU. YOU SHOULD NEVER RELY ON THE ACCURACY OF THE FOREGOING OR THE ILLUSTRATIONS IN MAKING ANY DECISIONS RELATIVE TO PURCHASING ANY PROPERTY.
8. Indemnification.
You agree to indemnify and hold The Base at Concord, and its parent companies, affiliates, subsidiaries, agents, management companies and related parties, and their respective officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website, violation of these Terms of Use, or the infringement by you, or any other user of your name, of any intellectual property or other right of any person or entity.
9. Applicable Laws.
The Base at Concord operates this Website from its offices in California and makes no representations that materials in this Website are appropriate or available for use in other locations. Access to this Website from any territory where the Content is illegal is prohibited. If you choose to access this Website from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of this Website alone does not subject The Base at Concord to any specific jurisdiction. Any claim related to the use of this Website, the Content or these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely in California, without regard to choice of law principles. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against The Base at Concord or any of its parent companies, affiliates, subsidiaries, agents, management companies or related parties. Any action brought in connection with this Website or Website Content shall be brought in either the state or federal courts with jurisdiction in Orange County, California and you agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Orange County, California.
10. Notices Required by California Law.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of this Website is Lennar Concord, LLC, 1 Sansome Street, Suite 3200, San Francisco, CA 94104. If you have a question or complaint regarding this Website or to receive further information regarding use of this Website, please send a letter to the attention of “Communication Representative” at the above address. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident and have provided personal information to The Base at Concord, you are entitled by law to request certain information regarding any disclosure by The Base at Concord to third parties of personal information for their direct marketing purposes. To make such a request, either (i) send an email to info@thebaseatconcord.com or (ii) mail a request to Lennar Conocord, LLC, 1 Sansome Street, Suite 3200, San Francisco, CA 94104, specifying that you seek your “California Customer Choice Privacy Notice.” Please include your name, address, email address, the specific Website to which your request pertains, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request. Please allow 30 days for a response. The Base at Concord is required to respond to only one request per customer each year, and is not required to respond to requests made by means other than through the above email address.
11. Statute of Limitations.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or the Terms of Use must be filed within one year after such claim or cause of action arose.
12. Forward-Looking Statements.
This Website may contain forward-looking statements regarding The Base at Concord’s business, FivePoint’s business or the business of subsidiaries, affiliated companies, direct or indirect members, shareholders or partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties that could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.
13. Security.
The Base at Concord complies with applicable federal law regarding the safeguarding of your personal information and we employ reasonable administrative, technical and physical safeguards to protect the security, confidentiality, and integrity of your information as required by law. However, The Base at Concord cannot guarantee the security of the information on and sent from this Website. Unfortunately, no data transmission over the Internet or on a computer can be guaranteed to be 100% secure. Any such transmission is done at your own risk.
14. Public Forums.
This Website may make chat rooms, message boards, news groups and other interactive areas available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose any personal or any other information about yourself. The information presented in these areas reflect the views of the individual users or hosts and do not necessarily reflect the views of The Base at Concord or any of its parent companies, affiliates, subsidiaries, agents, management companies or related parties.
15. General Information.
These TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT constitute the entire agreement between you and The Base at Concord and govern your use of this Website. The failure of The Base at Concord to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the applicable provision, and the other provisions of the Terms of Use shall remain in full force and effect. The Base at Concord reserves the right, in its sole discretion, to terminate your access to all or any part of this Website, with or without cause, and with or without notice. The section headings are for convenience only and have no legal or contractual effect. This Website is directed to persons 18 years of age or older. The Base at Concord and this Website do not knowingly collect information from children under age 18. Any questions regarding these Terms of Use or this Website should be directed to: info@thebaseatconcord.com