TERMS OF USE
Version 2.0 - Updated August 8, 2014


PLEASE READ CAREFULLY

Welcome to the MBK Homes website (the "Website"). "MBK Homes" refers to the MBK family of companies which are wholly owned by MBK Homes LLC, a California limited liability company. Use of the Website is voluntary. Please carefully read this Terms of Use, which contains the terms and conditions for its use ("Terms") before using the Website. By accessing, browsing and using the Website or providing any information to MBK Homes via the Website, you indicate that you agree that the Terms apply to your use of the Website and your acceptance of the Terms contained in this agreement. The use of the Website is subject to the additional terms, disclaimers, caveats, and notices that may appear elsewhere on the Website.

Acceptance of Terms
This Terms of Use is a legally binding agreement between you, any third party to whom you provide or allow access to the Website or who otherwise benefits from your use of the Website (collectively sometimes referred to herein as "you" or "your"), and MBK Homes. By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by the Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to the Terms, then you are not authorized to access, browse or use the Website and you must discontinue use of the Website immediately. MBK Homes may amend the Terms from time to time without notice to you, other than posting the amended Terms to the Website and changing the version number and date of this Terms of Use which is noted just below the first line of text that is the title of this Terms of Use. In addition, use of particular services or information on the Website may be subject to additional terms and conditions that will be available in connection with such services and information. Unless otherwise agreed to in writing between you and MBK Homes, the Terms, as amended, shall govern your use of the Website.

Privacy Policy
Information that you provide to MBK Homes via the Website is subject to our Privacy Policy. For more information, please read our full Privacy Policy.

Disclaimer of Warranties
The content provided on the Website is intended for informational purposes only and is not intended to constitute an offer or solicitation. All homes about which information is provided herein are subject to prior sale. Prospective purchasers must visit a MBK Homes Sales Office to purchase a home. MBK Homes assumes no responsibility or liability for any actions taken as a result of using the Website, or for errors or omissions in the content of the Website.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MBK HOMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE WEBSITE.

ALTHOUGH MBK HOMES ATTEMPTS TO PROVIDE YOU WITH ACCURATE INFORMATION, THE WEBSITE IS INTENDED TO BE FOR INFORMATIONAL PURPOSES ONLY. PRODUCT AND OTHER INFORMATION, INCLUDING PRICING, AVAILABILITY, AND OTHER INFORMATION MADE AVAILABLE ON THE WEBSITE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU AND MAY NOT BE ACCURATE, COMPLETE, CURRENT OR RELIABLE.

MBK HOMES MAKES NO REPRESENTATION OR WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR EXPECTATIONS, (2) THE WEBSITE CONTAINS ACCURATE, COMPLETE, CURRENT, ADEQUATE, USEFUL, CORRECT, TIMELY OR RELIABLE INFORMATION, (3) MBK HOMES WILL UPDATE THE INFORMATION ON THE WEBSITE, (4) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (5) ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (6) THAT THE WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES, ERRORS, HARMFUL COMPONENTS OR OTHER ISSUES OR LIMITATIONS.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU. IN THAT EVENT, EXCEPT AS PROHIBITED BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE YOU FIRST ACCESS THE WEBSITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

THIS DISCLAIMER OF WARRANTIES AND LIABILITIES APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS OR SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT MBK HOMES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MBK HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE; OR (3) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE LIMITATIONS OF DAMAGES AND LIABILITY PROVIDED HEREIN ARE MATERIAL ELEMENTS OF THIS TERMS OF USE. YOU ACKNOWLEDGE AND AGREE THAT MBK HOMES WOULD NOT BE ABLE TO PROVIDE THE WEBSITE WITHOUT SUCH LIMITATIONS.

Product Information, Specifications, Pricing, Renderings
Due to MBK Homes' continuing effort to meet consumer expectations, MBK Homes reserves the right to modify plans, lots, features, specifications and prices without prior notice to you or obligation to notify you. All square footages posted on the Website are approximate. Product and other information posted to the Website are subject to change at any time and may not be accurate, complete, current or reliable. You should not assume that MBK Homes has updated the information, materials or other content on the Website. No information or content provided on the Website shall be construed to be an offer or solicitation for sale. 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. MBK Homes reserves the right to make changes to its home designs and to build more or fewer homes than currently planned. Community description and amenities are developer's current plans, are not guaranteed, and may change without notice. All renderings and floor plans in these materials are an artists' conceptual drawings and will vary from the actual plans and homes as built. Square footage numbers are approximate and may vary depending on the standard measurement used. MBK Homes cannot control future development and does not guarantee the preservation of any view or the natural environment surrounding its communities. Views vary significantly by lot location and may be affected by future development. Any photographs or renderings of people in these materials do not depict racial preference. Please consult a MBK Homes Sales Representative for specific price or current product information for each home in each community.

MBK Homes' Proprietary Rights, Limited Licenses, Trademarks and Trade Secrets
You acknowledge and agree that any content used in connection with the Website, including any software accessible through the Website, contains MBK Homes' proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. "MBK", "MBK Homes" and all other MBK Homes' product and service names and design logos are trademarks and/or service marks of MBK Homes and/or its affiliates (the "MBK Marks"). As between you and MBK Homes, MBK Homes shall own all right, title and interest in and to the MBK Marks. Subject to the Terms, MBK Homes grants you a personal, non-transferable and non-exclusive right and license to use the Website. You are not permitted to (and may not allow any third party to) copy, modify, adapt, translate, lease, rent, loan, distribute, create a derivative work of, reverse engineer, disassemble, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website. You agree not to modify any software on the Website in any manner or form or to use modified versions of the software. Without MBK Homes' prior permission, you agree not to display or use the MBK Marks in any manner. MBK Homes reserves all patent, copyright, trade secret, trade name, trademark, service mark, license and other proprietary rights related to the Website, its software and services and you shall not infringe upon or violate such rights.

The license provided herein shall automatically terminate on the date MBK Homes decides to remove or terminate the Website. In addition, your license shall terminate immediately if you breach any of the Terms and MBK Homes is entitled to enforce its rights under this Terms of Use by an action for damages or by specific performance, injunctive or other equitable relief. This Terms of Use does not limit any rights that MBK Homes may have under trade secret, copyright, patent or other laws.

Termination
MBK Homes, in its sole discretion, may terminate your license to use the Website for any reason without prior notice to you. You acknowledge and agree that MBK Homes may immediately bar your further access to the Website. MBK Homes will not be liable to you or any third party for any termination of your access and/or use of the Website.

Links
The Website may provide links to other World Wide Web sites or resources. MBK Homes has no control over or responsibility for such websites and resources. You agree that MBK Homes is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, terms and conditions, or other materials on or available from such websites or resources. However, we encourage you to read any applicable terms and conditions or privacy policies at such websites. MBK Homes provides these links to you only as a convenience and providing such links does not constitute an endorsement by MBK Homes of such websites or the content, products, advertising, or other materials presented on such websites, including any changes or updates thereto.

Fair Housing and Equal Opportunity
MBK Homes is pledged to the letter and spirit of the U.S. policy for the achievement of 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." Your state or local jurisdiction may impose additional requirements. We encourage and support affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, gender, disability, familial status, or national origin.

Notices
Notices to you may be delivered by email, by U.S. mail, or by general notice on the Website. The Website may also provide notices of changes to the Terms or other matters by posting notices or links to notices to you on the Website. MBK Homes is not responsible for keeping your email address, mailing address and/or phone number up to date and accurate.

Records
Except to the extent required by applicable law, MBK Homes has no obligation to store, maintain or provide to you any information that you provide to MBK Homes.

General Information
The Terms and the Privacy Policy constitute the entire agreement between you and MBK Homes and govern your use of the Website, superseding any prior agreements between you and MBK Homes. You also may be subject to additional terms and conditions that are applicable to certain services on the Website. The Terms and the Privacy Policy do not alter the terms and conditions of any other written or online agreement between you and MBK Homes. The failure of MBK Homes to exercise or enforce any right or provision of the Terms or this Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity of the remaining Terms. You may not assign the Terms or any of your rights or obligations under the Terms without MBK Homes' express written consent. The Terms inure to the benefit of MBK Homes' successors, assigns and licensees. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or the terms and conditions contained in this Terms of Use must be filed within one year after such claim or cause of action arose or the claim or cause of action shall be forever barred.

Governing Law
This Terms of Use shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.

Changes to Terms of Use
As MBK Homes' business changes from time to time, this Terms of Use is expected to change. MBK Homes reserves the right to amend this Terms of Use at any time as provided herein. You should check the Website frequently to see the current Terms of Use in effect and any changes that may have been made to it. Your use of the Website is subject to this Terms of Use and Privacy Policy in effect at the most recent time of use. The provisions contained herein supersede all previous notices or statements regarding the Terms or use of the Website.

Questions Regarding The Website
If you have any questions or comments about the Website or this Terms of Use, please contact us at mbkhomes@mbk.com or you can write to us at 4 Park Plaza, Suite 1000, Irvine, CA, 92614.




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