Terms of Use

These Terms of Use (“Terms of Use”) apply exclusively to your access to and use of this Web site (the “Site”). This Site is presented to you by Newland Communities (“Newland”). These Terms of Use do not alter in any way the terms and conditions of any agreement you may have with Newland or any entity affiliated with Newland.
If you do not agree with any of these Terms of Use, do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.

Privacy Policy                  
Your use of the Site is also governed by the Privacy Policy, which is available at http://www.newlandcommunities.com/privacy.php and incorporated by reference into these Terms of Use.

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 Newland. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Newland and its affiliates, 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 resale or further distribution, subject to the following conditions:
1) Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
2) Newland reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Newland.
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 Newland, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Newland, its affiliates, and/or any third party, as applicable.

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 Newland or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Newland at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Newland 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 Newland in each instance. In addition, you may not use any meta tags or any other "hidden text" utilizing a Newland or Newland affiliate name, trademark, or product name without Newland's express written consent in each instance.

Links to Third Party Web Sites
The Site may be linked to other Web sites 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. Newland has not reviewed any of these third party sites and does not control and is not responsible for any of these sites or their content. Newland 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 sites linked to the Site, you do so entirely at your own risk.

Disclaimer of Warranties
Newland 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 Newland 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”.
Homes within Newland’s communities are constructed and sold by builders not affiliated with Newland. Neither Newland nor any of its affiliates warrant or guarantee the obligations, construction, or pricing of builders who may build and sell homes in this community. Future development of any community being developed by Newland or any of its affiliates may or may not occur as shown on illustrations, depictions or maps.
Newland seeks to work with reputable builders, however, each builder operates independently and is not affiliated with Newland. Buyers of homes in communities contract directly with the builder and must rely solely on their own investigation and judgment of the builder's construction and financial capabilities inasmuch as neither Newland nor any of its affiliates warrants or guarantees such capabilities, nor does Newland or any affiliate of Newland warrant or guarantee the design, pricing, engineering, construction, or availability of any home or any other building constructed by such builder at a community or the obligations of any such builder to the buyer.

Limitation of Liability
Newland shall not be liable to you or any third party claiming through you for any damages in connection with your use of the Site, your inability to use the Site or any content appearing on the Site. In no event will Newland be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Newland has been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Newland for damages under these Terms of Use exceed one hundred dollars ($100.00).
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.

Equal Opportunity
Newland is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. Newland 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.

Press Releases
The information contained within press releases issued by Newland and its affiliates should not be deemed accurate or current except as of the date the release was posted. Newland and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

Revisions to these Terms of Use
You agree that Newland can revise these Terms of Use at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms of Use.

General Provisions
Enforcement of these Terms of Use will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Site will lie in the state or federal courts located in San Diego, California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Newland to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Newland in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

Contact Us
If you have any questions regarding the Site, please contact Newland by sending an e-mail to corporateprivacyinfo@newlandcommunities.com.