Effective Date: January 1, 2019
By using the System, you acknowledge that you have read and understand, and agree to be bound by these Terms, which form an agreement that is as effective as if you had signed it. Your use of the System is subject to these Terms and all applicable laws. If you do not agree to these Terms, you are not authorized to access, use or browse the System, and must discontinue use of the System immediately.
These Terms require you to waive your rights to a class action lawsuit and a jury trial and limit Landsea’s liability in the event of a dispute.
CHANGES TO THESE TERMS
These Terms may be revised, modified, amended or supplemented by Landsea at any time for any reason by posting an update on the System, with its Effective Date, and without further notice. You should check the Terms regularly for updates. Each time you access, use or browse the System, you signify your acceptance of the then-current Terms. These Terms apply to all users, regardless of any future transaction or dealings between such user and Landsea or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.
PERMITTED USERS OF THE SYSTEM
The System is directed to persons 18 years old or older. By using the System, you represent that you are the age of majority in your state of residence. The System is offered under the laws of the United States. If you access or use the System from outside the United States, you are solely responsible for compliance with all applicable laws.
PROPRIETARY RIGHTS AND USE OF MATERIALS
All material on the System, including without limitation all content, "look and feel," layout, photographs, graphics, audio, video, messages, functions, files, documents or other materials (collectively, the "Materials"), as well as all derivative works, are owned by Landsea or its licensors, and are protected by copyright, trademark and other intellectual property laws. Trademarks, service marks, logos, taglines and copyrights used on the System also are the property of Landsea or its licensors. Without limitation, the trademarks LANDSEA® and LIVE IN YOUR ELEMENT™, are owned by Landsea or its affiliates. You may not publish, display, use, modify, distribute, perform, sell, resell, exploit, or create derivative works from the Materials or any property of Landsea or its licensors without Landsea’s prior written permission.
Landsea authorizes you to view, print, download and share a single copy of portions of the Material solely for your personal, noncommercial use, but you must retain any marks or logos and any trademark, copyright, proprietary rights or other legal notices, acknowledgements and credits, as contained on the System. Except for that single copy, you may not copy, republish, modify, upload, share, post, transmit, distribute or exploit the Materials in any way, now known or hereafter developed, without the prior written consent of Landsea. Any modification of the Materials, use of the Materials on any other site, networked computer environment, or other digital or printed media, or use of the Materials for any purpose other than personal, non-commercial use, without the prior written consent of Landsea, is a violation of these Terms and the proprietary rights of Landsea, and is expressly prohibited. All rights not expressly granted herein are reserved by Landsea.
The Materials are subject to change or removal without notice at the discretion of Landsea. If you violate any of these Terms, your permission to use the System and Materials automatically terminates and you must immediately destroy any copies you have made of any portion of the System or Materials.
Some parts of the System may be used only by those who register an account. Your account registration is subject to Landsea’s approval and we reserve the right not to approve, or to withdraw our approval of, or suspend, your account at any time. You agree to provide, maintain, and update information about yourself in your registration or account that is true, accurate, current and complete on an ongoing basis. You acknowledge that, if any information provided by you is, or we suspect that it is, untrue, inaccurate, not current or incomplete, we may terminate your account or use of the System.
In registering an account, you may be asked to create a password and username, and to answer security questions or provide other information to protect the security of your account ("Account Details"). Your Account Details are the property of Landsea and will be used by Landsea to administer your account. You are solely responsible for controlling your Account Details, maintaining their confidentiality, and monitoring and controlling access to and use of your account. You may not distribute, provide or otherwise make available your Account Details to any third party and are responsible for all activities that occur under your Account Details. You agree to log out of your account at the end of each session. Please notify us at immediately firstname.lastname@example.org of any unauthorized use of your account or of any need to deactivate your account. You authorize Landsea to act on instructions received through use of your Account Details and agree that Landsea is not liable for any loss or damage arising from your failure to comply with this Section.
The System may allow the public to post suggestions, ideas, feedback, graphics, comments, photos, videos or other information, or to communicate by sending and receiving messages and materials through the System ("Submissions"). In consideration of the opportunity for you to share your Submissions with others, you hereby grant Landsea an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, publish, transmit and distribute the Submissions for any and all purposes, and you agree that Landsea may use or allow others to use any Submission for any purpose, with no compensation or credit to you. By making a Submission you represent that its content is true, accurate and not misleading, non-confidential, appropriate for a general audience and related to the communications service, and that any person pictured or identifiable in any Submission (or, if a minor, his/her parent/legal guardian), or any other holder of third party rights in any Submission (such as a copyright or trademark owner), authorizes Landsea to use, reproduce, display, perform, edit, modify, publish, transmit and distribute the Submission. Landsea may monitor, edit, retain, remove, use or not use any Submission as it deems appropriate in its sole discretion.
You acknowledge that your Submissions together with your name, username or email address may be or become available to others on the System and elsewhere. You are responsible for the Submissions you make or post to the System. You should only provide Submissions that you are comfortable sharing with others under these Terms.
You agree that you will not share any Submission that contains hate, racism, abuse, threats, harassment, defamation, slander, embarrassment, pornography, sexually explicit materials, or any material that is offensive or could give rise to any civil or criminal liability under applicable law or regulations.
You acknowledge that by using the System, you may be exposed to Submissions of others that are inaccurate or that you find offensive or objectionable. You agree that you bear all risks of exposure to or reliance on any Submission. Landsea reserves the right to pre-screen or review any Submission and to remove any Submission for any reason at any time, without prior notice, at its sole discretion, but has no obligation to do so. Landsea shall have no liability for any publication, modification or removal of any Submission. You agree to bear all risks associated with making a Submission and any disclosure(s) in it.
On behalf of yourself and your representatives, agents, heirs, executors, administrators and assigns, you hereby release Landsea and its directors, officers, employees, licensors, agents and representatives (the “Landsea Parties”) from and against all claims, damages, losses, injuries, death or liability of any kind arising from or relating, in whole or in part, directly or indirectly, to any Submission or its use.
You acknowledge that you are familiar with the provisions of California Civil Code § 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Being aware of said code section, you hereby expressly waive any rights you may have thereunder, as well as any other statute or common law principles of similar effect.
OTHER USES OF SYSTEM THAT ARE NOT PERMITTED
You agree that you will not: use the System to post advertisements or solicitations of business; attempt to disrupt use of the System such as by "spamming" or engaging in other conduct that may inhibit or restrict any other person’s use; post chain letters or pyramid schemes; impersonate another person; distribute viruses or other harmful computer code designed to interrupt, destroy or limit the functionality of or provide unauthorized access to any computer software or the System; make any automated use of the System, or access the System using bot or other automated devices; scrape, harvest or otherwise collect information from the System, including without limitation email addresses; impersonate another person or entity; attempt to circumvent any security measures or to decompile, reverse engineer, disassemble, modify or hack any part of the System; or any other uses which, in the sole discretion of Landsea, may expose Landsea, the System or any System user to any liability or detriment of any kind. Landsea may investigate any use of the System, complaints or questions; and may terminate a user's access to any or all of the System at any time.
The System may include links to third party sites and advertisements, and Landsea may select certain sites or advertisements as priority responses to search terms. Landsea also may allow advertisers to respond to certain search terms with advertisements or sponsored content. Landsea does not recommend or endorse the content on any third-party sites or ads and is not responsible for the content of linked third party sites or ads. Your use of third party sites or ads is at your own risk and subject to the terms and conditions of use for such sites.
DISCLAIMER OF WARRANTIES
THE SYSTEM AND ALL MATERIALS, SUBMISSIONS AND ANY OTHER INFORMATION, PRODUCTS, SERVICES OR ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LANDSEA AND ITS AFFILIATES, LICENSORS, LICENSEES, VENDORS, SUPPLIERS AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS) AND THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH MATERIALS, SUBMISSIONS AND ANY OTHER INFORMATION, PRODUCTS, SERVICES OR ACTIVITIES, AND EXPRESSLY DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE FOREGOING, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, VIRUS FREE, ACCURACY, RELIABILITY, SAFETY, COMPLETENESS, TIMELINESS, UNINTERRUPTED, COURSE OF DEALING, COURSE OF PERFORMANCE OR COMPLIANCE WITH APPLICABLE LAW OR REGULATION. YOUR USE OF THE SYSTEM AND ANY MATERIALS, SUBMISSIONS AND ANY OTHER INFORMATION, PRODUCTS, SERVICES OR ACTIVITIES IS ENTIRELY AT YOUR OWN RISK.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Submissions or access to the System is free of viruses or other harmful code. When using the System, information will be transmitted over a medium that may be beyond the control and jurisdiction of Landsea and its licensors and representatives. Landsea assumes no liability for or relating to any delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the System.
LIMITATION OF LANDSEA’S LIABILITY
In no event shall Landsea, its licensors or representatives be liable for any incidental or consequential damages, lost profits or damages due to lost data or business interruption, or personal injury or death, resulting from use of or inability to use the System or any Materials, Submissions, or other information, products, services or Activities, whether based on warranty, contract, tort or any other legal theory, and whether or not Landsea, its licensors or representatives are advised of the possibility of such damages. In the event of any potential liability, Landsea, its licensors and representatives shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. Any claims arising in connection with your use of the System or any Materials, Submissions, or other information, products, services or Activities must be brought within one (1) year of the date the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
Exclusions and Limitations: Because some jurisdictions do not allow for certain limitations on how long an implied warranty lasts, or duration or disclaimer of warranties, or exclusion or limitation of liability for consequential, incidental or other damages, the above limitations may not apply to you. This Limitation of Landsea’s Liability shall be to the maximum extent permitted by applicable law.
By using the System, you agree to defend, indemnify and hold harmless the Landsea Parties from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, made by you or on your behalf or by any third party resulting from, or alleged to result from: (a) your participation in, use of or reliance on the System or any Materials, Submissions, or other information, products, services or Activities; (b) your breach or violation of these Terms, any applicable laws, or the rights of Landsea or any third party; and (c) any activity that occurred under your account, username and/or password.
GOVERNING LAW AND DISPUTES; NO CLASS ACTION OR JURY TRIAL; ARBITRATION
The use of the System and any dispute between us shall be governed in all respects by the laws of the State of California, U.S.A., without regard to choice of law provisions, except as to matters relating to arbitration, which shall governed by the Federal Arbitration Act. The 1980 UN Convention on the International Sale of Goods is hereby expressly disclaimed. Any cause of action or claim made by a user with respect to the System (including but not limited to the purchase of a home through Landsea) must be commenced within one (1) year after the claim or cause of action arises. Landsea’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Landsea may assign its rights and duties under the Terms at any time without notice.
NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service are Landsea Homes, 660 Newport Center Drive, Suite 300, Newport Beach, CA 92660, (949) 345-8080. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied on the System in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Landsea’s Copyright Agent a Notice with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the System (providing URL(s) in the body of an email is the best way to help us locate content quickly);
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright or intellectual property owner’s behalf.
Landsea’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached by sending an email to firstname.lastname@example.org.
If you have any questions, comments or suggestions about these Terms or the System, please contact us by email at email@example.com or at Landsea Homes, 660 Newport Center Drive, Suite 300, Newport Beach, CA 92660, (949) 345-8080.