Terms of Use
The following Terms of Use govern your use of the
Pacifica Development, Inc. ("Pacifica Development") Web site and the materials
accessible on or from the site. Please read these Terms of Use carefully before
accessing any part of the site. Your access of the Web site constitutes your
agreement with and acknowledgement of these terms. If you do not agree with
these Terms of Use, please do not access the Web site.
No Representations and Warranties. Pacifica
Development does not warrant or make any representations of any kind with
respect to the materials and information contained on this Web site. Your use of
the site is at your own risk. Although Pacifica Development attempts to provide
accurate information, this site is intended to be for general reference and
informational purposes only. Product and other information, including pricing
and availability is subject to change at any time. This Web site may contain
inaccurate, incomplete, or out-of-date information. Pacifica Development assumes
no responsibility for errors or omissions in the content of this site, and makes
no commitment to update such information. Your sole and exclusive remedy for
issues relating to the use of, or the material on, this Web site shall be to
discontinue accessing the Web site and using the information or material
obtained. The user and Pacifica Development agree that Pacifica Development
shall not be liable for any damages relating to the use of, or reliance upon,
this Web site or such material.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW,
YOU HEREBY WAIVE, DISCLAIM AND RELEASE PACIFICA DEVELOPMENT, ITS SUBSIDIARIES
AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS,
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 PACIFICA DEVELOPMENT IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR
ACCESS TO (OR INABILITY TO ACCESS) THIS WEB SITE OR THE USE OF ANY INFORMATION
OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON
THIS SITE 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.
Product information is subject to change and may
be incomplete. For example, in the interest of continuous improvement, Pacifica
Development reserves the right to modify or change floorplans, materials and
features without prior notice or obligation. Such changes may not always be
reflected in this Web site or our models. Additional fees and charges may be
applicable. For example, there may be homeowner associations supported by
residents maintaining common areas and facilities for a monthly fee. The project
may be included in an Assessment District, Community Facilities District and
Landscape Maintenance District which may be financially supported by its
residents maintaining certain facilities. Prices may increase or decrease at any
time. Ask your Sales Representative for details.
Forward-Looking Statements. In addition, certain
statements and information in this Web site and in Pacifica Development's press
releases, and other reports or information circulated by Pacifica Development
may contain "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 development,
the availability and cost of materials and labor, interest rates, consumer
confidence, weather conditions, competition, environmental matters, governmental
regulation and other factors.
No Duty to Update. Postings are made at such times
as determined by Pacifica Development in its discretion. Readers should not
assume that the information contained on this site has been updated or otherwise
contains current information. Pacifica Development does not review past postings
to determine whether they remain accurate, and information contained in such
postings may have been superseded.
No Tax, Investment or Legal Advice. The content
and information presented on this Web site is informational and promotional 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 THIS WEB SITE, YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THE
WEB SITE TO MAKE ANY INVESTMENT OR PURCHASE DECISION.
No Offer To Sell. No information or material on
this Web site is to be construed to be an offer or solicitation for sale.
Product information, including pricing and availability is subject to change at
any time and may be out-of-date or inaccurate. The information is provided for
informational purposes only.
Links to Other Sites. Pacifica Development may
provide links to other web sites maintained by third parties. Pacifica
Development has not reviewed or endorsed these linked sites, and you hereby
acknowledge and agree that Pacifica Development shall not be responsible for the
content, products or services offered in such sites. To the extent applicable,
you are responsible for compliance with all local laws regarding material
obtained from this or linked sites.
Intellectual Property. The information on Pacifica
Development's Web site, 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 Pacifica Development 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 Pacifica Development's
prior written consent, except to the extent that such use is authorized under
the United States and other relevant copyright laws. Pacifica Development's
trademarks, logos, images, and service marks used on the site are the property
of Pacifica Development and may not be used without the prior written consent of
Pacifica Development and without proper acknowledgment. All other trademarks
and/or logos are the property of their respective owners.
Privacy. Pacifica Development recognizes and
respects the privacy of users of its Web site. Please note that this site may
contain links to other sites and/or information provided by third parties.
Pacifica Development is not responsible for the privacy practices or the content
of any Web site not owned or operated by it.
In general, Pacifica Development may gather
information about users to its Web site when it aggregates information gathered
by tracking the usage of certain features available on the Web site. The
collection of this information enables Pacifica Development to tailor its
content to our users and to help better understand the demographics of the
audience, which assists it in providing appropriate products and services to its
customers. Pacifica Development will not divulge personally identifiable
information about you to any third party unless you give it express consent to
do so. Pacifica Development may track user traffic patterns throughout its Web
site. However, Pacifica Development will not correlate this information with
data about individual users.
In the event that you chose to provide Pacifica
Development with detailed personal information about yourself and/or your
family, Pacifica Development will act in a responsible manner with respect to
that information. Pacifica Development will use the personally identifiable
information to respond to your requests and to provide you with information
about the requested products or services. If you ask for information about the
products and services offered by a third party, Pacifica Development may share
your request with those parties. Pacifica Development and/or its affiliates may
maintain information that you chose to provide to contact you, from time to
time, regarding their products and/or services and/or for use in its aggregate
statistics.
Except as noted above, Pacifica Development may
store and disclose personal information as allowed or required by applicable
law, including making disclosures that are necessary or advisable to: (i)
protect the rights, safety or property of Pacifica Development or others and (b)
conform to legal or regulatory requirements. Without your express approval,
however, Pacifica Development will not trade, sell or rent your personal
information.
Pacifica Development has no intention of
collecting any personal data from individuals under thirteen years of age.
Equal Housing Opportunity. All real estate
information provided herein is subject to the Federal Fair Housing Act, which
makes it illegal to advertise "any preference, limitation, or discrimination
because of race, color, religion, sex, handicap, familial status, or national
origin, or intention to make any such preference, limitation or discrimination."
Models shown do not reflect any racial preference. Your state or local
jurisdiction may impose additional requirements. Pacifica Development fully
complies with the law and all residences are available on an equal opportunity
basis.
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 or the Web site.
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.
Pacifica Development may revise these Terms of Use
at any time, and all users will be bound by such revisions. Revisions will be
posted on this "Terms of Use" page and users are responsible to review the page
from time to time to ensure compliance.
Equal
Housing Opportunity
Website design and maintenance
by Albion Design and
Marketing.
