Effective Date: December 27, 2019
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
You accept these Terms by accessing or using this Website in any manner, even if You do not create an Account at this Website. 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 18. This Website is a general audience site that is neither designed nor intended to collect personal information from children. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. If You are using this Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.
SECTION 18 OF THIS TERMS AND CONDITIONS OF USE AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.
Landsea may revise, modify, amend, or supplement these Terms 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.
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. This is the most current version of these Terms. By continuing to access or use this Website, You accept any changes or revisions to the Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
- General Terms and ConditionsThe Terms apply to use of this Website by You and all Users. By accessing or using the Website, You and all Users agree to be bound by the Terms. Landsea provides the information, services, text, graphic, links or other material on this Website to You and all Users conditioned on Your acceptance without modification of the Terms. The information offered on this Website is provided with the understanding that neither Landsea nor any of its affiliated entities is engaged in rendering legal or other professional services or advice. The use of the Website is subject to the additional disclaimers, caveats and notices that may appear throughout the Website.
- License to Use this WebsiteLandsea grants You a personal, non-exclusive, non-transferable, limited and revocable license to use this Website subject to the Terms. You may use this Website and information acquired from this Website for Your own personal, non-commercial, lawful purposes. You may not use this Website in a manner that exceeds the rights granted for Your use.
Other than connecting to this Website by HTTP or HTTPS request using a web browser, You may not attempt to access Landsea’s servers or this website by any means. Particularly, You may not scrape, crawl, data-mine, or use any robot, spider, or other automatic device to send queries to Landsea’s servers or this Website. You may not use this Website to compile data for use by any commercial entity.
You agree not to disrupt, modify, or interfere with this Website, or any associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of this Website. You agree not to alter or tamper with any information or materials on or associated with this Website.
The Website and all rights therein are and will remain with Landsea or one of our affiliates. You may view, copy or print a single copy of any page from the Website for personal, non-commercial purposes if You do not remove, modify or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other content from the Website without our express, prior, written consent. You may not use any portion of the website for any commercial purpose. Any special rules for any software, audio files, video files, downloads and other items accessible through the Website may be included elsewhere in the Website and are incorporated into these Terms by reference.
You may not:
- remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Website;
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, or any aspect of it, except as expressly permitted by us;
- decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software (including the tools, processes, methods and infrastructure) that enables or underlies the Website, except as may be permitted by applicable law;
- link to, mirror or frame any portion of the Website;
- cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website;
- attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers or networks;
- use the Website to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation;
- impersonate any person or entity, or otherwise misrepresent Your affiliation with any person or entity; or
- use any portion of the Website or any content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
- Proprietary Rights and Use of Landsea’s Intellectual Property MaterialsAll 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.
- Account InformationSome parts of the System may be used only by those who register for an account on the Website. Your account registration is subject to Landsea’s approval and we reserve the right not to approve, 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 and refuse any and all current or future 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 email@example.com 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. ANY TRANSMISSION OF PERSONAL INFORMATION IS AT YOUR OWN RISK.
- SubmissionsThe 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.
- AssignmentsLandsea may assign this agreement at any time without notice to You and/or its Users. You may not assign this agreement to anyone else, and any attempt to assign shall be void.
- Equal Housing OpportunityAll 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.” Your state or local jurisdiction may impose additional requirements. Landsea is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. Landsea encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin. All dwellings within the United States advertised by Landsea’s affiliated entities are available on an equal opportunity basis.
- Informational Purposes OnlyThe content provided on this Site is intended for informational purposes only and is not intended to be a legally binding offer or solicitation. Landsea assumes no responsibility or liability for any actions taken as a result of using this Website, or for errors or omissions in content. Landsea has no duty to keep the Website updated.
You acknowledge and agree that Landsea has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; the availability or accuracy of any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.
- Landsea’s Intellectual Property – Service and Trade MarksThe entire content of information on this Website, including without limitation all images, videos, design, text, images, screen displays, software, photographs, press releases and other information, are copyrighted as a collective work and protected under the United States and other copyright laws, and are owned by Landsea and/or used under license or permission from the copyright owner, and are protected under U.S. and international intellectual property laws.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
You agree not to reproduce, distribute, display or create derivative works of any part of this Website or any information presented to You through this Website, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on this Website, framing content from this Website, or creating any unauthorized derivative work. The information contained in this Website 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 Landsea’s prior written consent, except to the extent that such use is authorized under U.S. or other intellectual property laws. Landsea’s logos, images, service marks and trademarks used on the Website are owned property of Landsea and may not be used without prior written consent of authorized Landsea officers.
Landsea uses third party trademarks on this Website to identify the owners of those marks. Use of any third party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and this Website. All third party trademarks and logos are the property of their respective owners.
- Intellectual Property ClaimsIf You believe that Your copyright has been infringed on the System or that Your intellectual property rights have been violated, promptly provide Landsea’s Digital Millennium Copyright Act (17 U.S.C. §512) Designated Copyright Agent a notice with the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Landsea to locate the material;
- Information reasonably sufficient to permit Landsea to contact You, such as an address, telephone number and e-mail address;
- A statement by You that You have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by You that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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.
- Disclaimer of WarrantiesLANDSEA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE MATERIALS AND INFORMATION CONTAINED ON THIS WEBSITE.
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. YOU USE THIS WEBSITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM THIS WEBSITE, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF LANDSEA HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LANDSEA PROVIDES THIS WEBSITE, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND LANDSEA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
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 CEASE FROM USING THE INFORMATION OR MATERIAL OBTAINED.
YOU AGREE THAT LANDSEA SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF, OR RELIANCE UPON THE WEBISTE OR ANY OF ITS CONTENT.
NO INFORMATION OR ADVICE PROVIDED ON THIS WEBSITE BY LANDSEA, OR BY LANDSEA’S EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY.
LANDSEA MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:
- AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT;
- THAT THIS WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
- THAT THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;
- AS TO THE QUALITY OR VALUE OF ANY OF LANDSEA’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU OBTAIN VIA THE WEBSITE; OR
- THAT ANY ERRORS ON THIS WEBSITE WILL BE CORRECTED
- Limitation of Landsea’s LiabilityTo the fullest extent permitted by applicable law, Landsea, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors and assigns, shall have no liability, relating to Your use of or access to (or inability to access) this Website, Your use of any information or material contained therein, for:
- Any and all claims for damages for actual, consequential, incidental, exemplary, special, or punitive damages even if Landsea is advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or
- For actual damages incurred by You, exceeding US $1,000.00. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.
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.
Landsea reserves the right, at any time, in Landsea’s sole and exclusive discretion, to amend, modify, suspend, or terminate this Website, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Landsea shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.
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.
- IndemnityBy using the System, You agree to defend, indemnify, and hold Landsea, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, 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 Venue for Resolving DisputesThe 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.
- SeverabilityExcept as expressly provided in any notices or special terms on the System, if any term of this Agreement is declared unlawful, void or 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 the remaining terms.
- Termination of ServiceWe may suspend or terminate Your right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.
- Entire AgreementThese Terms and any policies posted on this Website constitute the entire contract between You and Landsea and supersede all previous written or oral contracts regarding this Website and its usage. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
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, Attn: Privacy Officer. We can also be reached by phone at (877) 642-6080.