3. Equal Housing Opportunity. All real estate information provided on this Website is subject to the Federal Fair Housing Act and state or other local regulation. The Fair Housing Act makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an intention to make any such preference limitation, or discrimination.” Laws and regulations in some of the states in which we operate add prohibitions against discrimination based on such things as age, parental status, sexual orientation, political ideology and financial status. The Company is committed to complying with these policies for the achievement of equal housing opportunity throughout the nation. The Company encourages and supports an affirmative advertising and marketing program in which there are no barriers and makes all residences available on an equal opportunity basis.
4. No Representations and Warranties. Neither Falk Construction, Inc., and its subsidiaries, nor any of its other affiliates (collectively, the “Company”) makes any representation or warranty of any kind with respect to the materials and information contained on the Website. Your use of the Website is at your own risk. Although the Company attempts to provide accurate information, the Website is intended to be for general reference and informational purposes only. The Company assumes no responsibility for errors or omissions in the content of the Website, and makes no commitment to update such information. Your sole and exclusive remedy for issues relating to the use of, or the material on, the Website shall be to discontinue accessing the Website and using the information or material obtained. You and the Company agree that the Company shall not be liable for any damages relating to your use of, or reliance upon, the Website or any of its content. When utilizing the Website please keep the following in mind:
Product Information May Be Incomplete. In the interest of continuous improvement, the Company reserves the right to modify or change floor plans, materials and features without prior notice or obligation. Such changes may not always be reflected in the Website or our models. Applicable fees and charges may not be disclosed on the Website. For example, there may be homeowner associations supported by residents maintaining common areas and facilities for a monthly fee. Our projects may also be included in community facilities, landscape maintenance and similar assessment districts which may be financially supported by residents. Ask your sales representative for details. Although every effort has been made to ensure that the prices and terms contained herein are accurate and current, at any time such prices and terms are subject to change, prior sale, selected lot premiums and/or predetermined options. Prices shown refer to the base house and do not include any optional features. Photos and/or drawings of homes show upgraded landscaping and may not represent the lowest-priced homes in the community. The Company reserves the right to make changes to its home designs and to build more or fewer homes than currently planned. All renderings and floor plans in these materials are an artist’s conceptual drawings and will vary from the actual plans and homes built. Square footage numbers are approximate and may vary depending on the standard measurement used. The Company cannot control future development or guarantee the preservation of any view or the natural environment surrounding its communities. The Company does not guarantee that any communities with guard gates will be guarded in perpetuity or that the gate will provide additional security or protection for residents. Views vary significantly by lot location and may be affected by future development. Promotional programs are typically available only on select lots at select communities, and typically are not available in conjunction with other offers. Any photographs or renderings of people in these materials do not depict racial preference. Please consult a sales representative for specific price or other information for each community.
The Company Undertakes No Duty to Keep the Website Updated. Product and other information, including availability is subject to change at any time. The Website may contain inaccurate, incomplete or out-of-date information. Prices may increase or decrease at any time. Postings to the Website are made at such times as determined by the Company in its discretion. Users of the Website should not assume that the information contained on the Website has been updated or otherwise contains current information. The Company does not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded.
5. No Offer To Sell. No information or material on this Website is to be construed to be an offer or solicitation for sale. All homes about which information is provided herein are subject to prior sale. You must visit a Company sales office to purchase a home. The information on this Website is provided for informational purposes only.
6. Forward-Looking Statements. Certain statements and information on this Website and in the Company’s press releases and other reports are “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995. Such statements involve known and unknown risks, uncertainties and other factors that may cause actual results to differ materially from the expectations expressed herein or in such press releases or other reports. Such factors include, but are not limited to, changes in general economic conditions, the availability and cost of land suitable for residential development, the availability and cost of materials and labor, interest rates, consumer confidence, weather conditions, competition, environmental matters, governmental regulation and other factors as may be noted from time to time.
7. No Tax, Investment or Legal Advice. The content and information presented on the Website is for informational and promotional purposes only and is not intended to offer specific tax, investment or legal advice of any kind. References to tax and other laws are intended to convey the gist of general rules only and do not describe the various exceptions, limitations and rules for special situations that frequently accompany such general rules.
ALL USERS ARE EXPRESSLY ADVISED TO CONSULT WITH THEIR OWN TAX, INVESTMENT AND/OR LEGAL PROFESSIONALS BEFORE MAKING ANY PURCHASE OR INVESTMENT DECISIONS. BY USING THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THE WEBSITE TO MAKE ANY INVESTMENT OR PURCHASE DECISION.
8. Release, Disclaimer and Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE FALK CONSTRUCTION, INC., ITS MEMBERS, OWNERS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THE WEBSITE OR THE USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
9. Links to Other Sites. While on the Website, you may be referred to websites other than the Company’s Website. A link from the Website to such a third party website does not imply endorsement of that site nor any ability to control that site’s privacy practices. The Company has not reviewed or endorsed any third party website, and you hereby acknowledge and agree that the Company shall not be responsible for the content, products or services offered on such websites. Be aware that third party websites may collect data and personal information and operate according to their own privacy practices. Therefore, you should carefully review the privacy policies of third party websites before submitting any personal information to them. You are responsible for compliance with all laws regarding material obtained from any third party websites.
10. Intellectual Property. The information on the Website including, without limitation, all design, text, images, photographs, press releases, and other information, are protected under United States and other copyright laws and are owned by the Company and/or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the Company’s prior written consent, except to the extent that such use is authorized under the United States and other relevant copyright laws. The Company’s trademarks, logos, images, and service marks used on the Website are the property of the Company and may not be used without the prior written consent of the Company and without proper acknowledgment. All other trademarks and/or logos are the property of their respective owners.
11. Children. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, we do not knowingly provide products or services to children under the age of 13. The Website is a general audience site that is not designed nor intended to collect personal information from children under the age of 13. If you are under 13 years old, you should not request any information nor provide any Personal Information to the Website.
12. Governing Law. The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims relating to the materials on the Website.
13. Severability. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms.