PLEASE READ THE FOLLOWING, TERMS AND CONDITIONS FOR USE OF THIS WEBSITE (“Terms and Conditions”) CAREFULLY BEFORE USING THIS WEBSITE. All users (“Users”) of this Website (“the Site”) agree that access to and use of this Site are subject to the following Terms and Conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use this Site.
1. GENERAL TERMS AND CONDITIONS Dividend Homes provides the information, services, text, graphics, links or other material (“the Content”) on this Site to the User, conditioned on the User’s acceptance, without modification, of the Terms and Conditions. The content provided on this site is provided by Dividend Homes as a service to the public and is to be used for personal informational purposes only. The following Terms and Conditions apply to all use of this Site by Users. By accessing or using the Site, each User agrees to be bound by the Terms and Conditions. The Content offered on this Site is provided with the understanding that neither Dividend Homes, nor any if its affiliated entities, is engaged in rendering legal or other professional services or advice. The use of the Site is subject to the additional disclaimers, caveats, and notices that may appear throughout the Site.
2. DISCLAIMERS Dividend Homes, its subsidiaries, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Site. While Dividend Homes strives to keep Content on this Site updated, accurate, and complete, Dividend Homes, its agents, or affiliated entities will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content. The Content provided on this Site 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 Dividend Homes Sales Office to purchase a home. Despite the efforts of Dividend Homes to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. Dividend Homes assumes no responsibility or liability for any actions taken as a result of using this Site, or for errors or omissions in the Content on this server. THIS SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DIVIDEND HOMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIVIDEND HOMES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. DIVIDEND HOMES DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DIVIDEND HOMES SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS SITE, EVEN IF DIVIDEND HOMES HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
4. LINKS TO AND FROM THIS SITE Dividend Homes does not have responsibility and shall not be liable for the accuracy or availability of information provided by Websites which are linked to the Site via hypertext or other computer “Links.” Links to external Websites are provided merely as a convenience to Users and do not constitute an endorsement by Dividend Homes of such Websites or the content, products, advertising, or other materials presented on such Websites, including any changes or updates thereto.
5. 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. Dividend Homes is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. Dividend Homes encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion sex, handicap, familial status, or national origin. All dwellings within the United States advertised by Dividend Homes and its affiliated entities are available on an equal opportunity basis.
6. SPECIFICATIONS, PRICES, TERMS, RENDERINGS AND OTHER INFORMATION Although every effort has been made to ensure that the prices and terms contained herein are accurate and current, at any time such prices and terms are subject to change, prior sale, selected lot premiums and/or predetermined options. 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. Dividend Homes reserves the right to make changes to its home designs and to build more or fewer homes than currently planned. 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. Dividend Homes cannot control future development or guarantee the preservation of the natural environment surrounding its communities. Dividend Homes does not guarantee that any communities with guard gates will be guarded in perpetuity or that the gate will provide additional security or protection for residents. Views vary significantly by lot location and may be affected by future development. Dividend Homes does not guarantee the preservation of any view or the natural environment surrounding any of its communities. Promotional programs are typically available only on select lots at select communities, and typically are not available in conjunction with other offers. Payment of any Broker Co-Op fee will be subject to certain conditions including, but not limited to, completion of a registration card evidencing that the buyer was accompanied by the broker on the first visit to the home. Any photographs or renderings of people in these materials do not depict racial preference. Please consult a Dividend Homes Sales Representative for specific price or other information for each community.
7. FINANCING AND INCENTIVES Any financing or incentive programs described in these materials are available only through Dividend Homes and Dividend Homes preferred lenders. Home buyers are not required to obtain financing from Dividend Homes preferred lenders, and may obtain financing from any lending institution. Special financing programs described in these materials may be subject to certain eligibility requirements and other terms and restrictions. For further information, please contact a Dividend Homes Sales Representative.
8. REPRODUCTION OF MATERIALS No Content from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that the User may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content from the different areas of the Site solely for the User’s own non-commercial use, or towards making a purchase of a home, provided that the User acknowledges and agrees that all homes about which information is provided herein are subject to prior sale, and that prospective purchasers must visit a Dividend Homes Sales Office to purchase a home. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this Site is strictly prohibited. The User further agrees not to change or delete any proprietary notices from Content downloaded from the Site.
9. TRADEMARKS Trademarks, registered trademarks, or service marks of Dividend Homes include: DIVIDEND HOMES, COYOTE ESTATES, MISSION RANCH, ALICANTE, COYOTE ESTATES AT CAPRIANO, MALLLORCA AT CAPRIANO, THE RANCH AT ALICANTE, MESA RIDGE.
10. NOTICE Dividend Homes may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in Ponderosa ‘s account information.
11. APPLICABILITY OF TERMS AND CONDITIONS These Terms and Conditions are applicable upon the User’s access to the Site. These Terms and Conditions may be revised, modified, amended, or supplemented by Dividend Homes without notice at any time for any reason. These terms and conditions shall apply to all Users regardless of any future transaction or dealings between such User and Dividend Homes, or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.
12. MISCELLANEOUS The use of the Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. 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 Site (including but not limited to the purchase of a home through a Dividend Homes Sales Office) must be commenced within one (1) year after the claim or cause of action arises. Dividend Homes failure to insist upon or enforce strict performance of any provision of these Terms and Conditions 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 and conditions. Dividend Homes may assign its rights and duties under the Terms and Conditions to any party at any time without notice to the User.
