 |
|
 |
 |
TERMS
OF USE
Version 1.0 - Updated August 16th, 2007
The MBK Homes website is best viewed with Internet Explorer 4.0 and
above or Netscape Navigator 4.0 and above.
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.
Each project description includes the name of the entity that is
the owner and developer for that particular project. 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 you
indicate that you agree to the Terms contained in this agreement.
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.
If you do not agree to the Terms, do not access, browse or use the
Website. 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 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
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,
THIS WEBSITE IS INTENDED TO BE FOR INFORMATIONAL PURPOSES ONLY. PRODUCT
AND OTHER INFORMATION, INCLUDING PRICING, AVAILABILITY, THE MBK HOMES
LIMITED WARRANTY AND HOMEOWNER MANUAL, ARE SUBJECT TO CHANGE AT ANY
TIME WITHOUT NOTICE TO YOU AND MAY NOT BE ACCURATE, COMPLETE, CURRENT
OR RELIABLE. THE MBK HOMES LIMITED WARRANTY AND HOMEOWNER MANUAL
POSTED TO THE WEBSITE ARE INTENDED TO BE FOR GENERAL REFERENCE ONLY.
IF YOU PURCHASED A HOME FROM MBK HOMES, THE LIMITED WARRANTY AND
HOMEOWNER MANUAL POSTED ON THE WEBSITE MAY NOT PROVIDE THE SAME COVERAGE
OR CONTAIN THE SAME PROVISIONS AS THE ACTUAL MBK HOMES LIMITED WARRANTY
AND HOMEOWNER MANUAL THAT WERE PROVIDED TO YOU IN CONNECTION WITH
THE PURCHASE OF YOUR HOME. YOU AGREE TO CONSULT THE ACTUAL MBK HOMES
LIMITED WARRANTY AND HOMEOWNER MANUAL THAT YOU RECEIVED TO DETERMINE
THE PROVISIONS OR LIMITED WARRANTY COVERAGE APPLICABLE TO YOU IN
CONNECTION WITH THE PURCHASE OF YOUR HOME.
MBK HOMES MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR EXPECTATIONS,
(2) THE WEBSITE CONTAINS ACCURATE, COMPLETE, CURRENT 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 IN THE WEBSITE WILL BE CORRECTED, OR (6) THAT THE
WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES, ERRORS OR OTHER 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
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
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 is 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. Please consult a MBK Homes Sales Representative for 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.
Notices
Notices to you may be made via either email or regular mail. The
Website may also provide notices of changes to the Terms or other
matters by displaying 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 the 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 the 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.
International Use
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable content.
Without limiting the generality of the foregoing, you agree to comply
with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you
reside. You agree not to use the Website unless you are either a
citizen of the Unites States or currently reside in the United States.
Changes to the 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 the
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 the 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. |
|
|
