TERMS OF USE
Version 1.0 - Updated August 16th, 2007

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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.



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