TERMS OF USE
Standard Pacific Corp. and its affiliates (collectively, the “Company”) provides this website for your information.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE 1. Acceptance of Terms. The following describes the terms and conditions (these “Terms of Use”) governing your use of this website and the materials accessible on or from this website (collectively, the “Website”). Please read them carefully before accessing any part of the Website. Your access of the Website constitutes your understanding and acceptance of, and agreement to, these Terms of Use. If you do not agree with these Terms of Use, please do not access and use the Website.
2. Amendments to Terms of Use. The Company reserves the right to amend these Terms of Use from time to time in its sole discretion, and will post and maintain the most recent version of these Terms of Use on this Website. The Company will not notify its Website visitors or customers of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms of Use upon each visit to the Website.
3. Equal Housing Opportunity. The Company is an equal opportunity home builder. Information provided on this Website may be subject to the U.S. Federal Fair Housing Act of 1968, as amended. The Fair Housing Act makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an intention to make any such preference limitation, or discrimination.” The laws and regulations of other jurisdictions may add prohibitions against discrimination based on such things as age, parental status, sexual orientation, political ideology, and financial status. The Company is committed to complying with these policies for the achievement of equal housing opportunity throughout the nation. The Company encourages and supports an affirmative advertising and marketing program in which there are no barriers and makes all residences available on an equal opportunity basis.
4. User Representations. You represent and warrant that (a) your use of the Website is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) all information (if any) provided by you to the Company is correct; (c) you possess the legal right and ability to enter into these Terms of Use and to use the Website in accordance with these Terms of Use; and (d) your use of the Website shall be in accordance with these Terms of Use and all applicable laws, rules or regulations.
5. Prohibited Acts. In connection with your access to, and use of, the Website, you agree not to: (a) violate any applicable international, federal, state, or local law or regulation; (b) upload, post, email, or otherwise transmit any infringing, obscene, threatening, libelous, defamatory, misleading, or otherwise unlawful or tortious material (including material that is harmful to children or violates third party privacy rights); (c) upload, post, email, or otherwise transmit viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs; (d) sell or otherwise distribute any data obtained from any Company database; (e) use any automated means (including, but not limited to, electronic spiders, robots, or crawlers, to download data from any of Company's databases; (f) interfere with or disrupt the integrity or performance of the Website; or (viii) attempt to gain unauthorized access to the Website or its related systems or networks.
6. No Representations and Warranties. The Company makes no representation or warranty of any kind with respect to the Website or the content contained on or accessible through the Website. Your use of the Website is at your own risk. Although the Company attempts to provide accurate information, the Website is intended to be for general reference and informational purposes only. The Company assumes no responsibility for errors or omissions in the content of the Website, and makes no commitment to update such content. Your sole and exclusive remedy for issues relating to the use of, or the content on or accessible through, the Website shall be to discontinue accessing the Website and using the content so obtained. You and the Company agree that the Company shall not be liable for any damages relating to your use of, or reliance upon, the Website or any of its content. When utilizing the Website please keep the following in mind:
Product information may be incomplete. In the interest of continuous improvement, the Company reserves the right to modify or change floor plans, materials and features of our homes without prior notice or obligation. Such changes may not always be reflected in the Website or our models. Applicable fees and charges may not be disclosed on the Website. For example, there may be homeowner associations supported by residents maintaining common areas and facilities for a monthly fee. Our projects may also be included in community facilities, landscape maintenance and similar assessment districts which may be financially supported by residents. Ask your sales representative for details. 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. The Company 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 artist’s conceptual drawings and will vary from the actual plans and homes built. Square footage numbers are approximate and may vary depending on the standard measurement used. The Company cannot control future development or guarantee the preservation of any view or the natural environment surrounding its communities. The Company 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. Promotional programs are typically available only on select lots at select communities, and typically are not available in conjunction with other offers. Any photographs or renderings of people in these materials do not depict racial preference. Please consult a sales representative for specific price or other information for each community.
The Company undertakes no duty to keep the Website updated. Product and other information (including, without limitation, availability) is subject to change at any time. The Website may contain inaccurate, incomplete, or out-of-date information. Prices may increase or decrease at any time. Postings to the Website are made at such times as determined by the Company in its discretion. Users of the Website should not assume that the information contained on the Website has been updated or otherwise contains current information. The Company does not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded.
7. No Offer To Sell. No information or material on this Website is to be construed to be an offer or solicitation for sale of real property. Offers to sell real property may only be made and accepted at a Company sales office. All homes about which information is provided herein are subject to prior sale. The information on this Website is provided for informational purposes only.
8. Forward-Looking Statements. Certain statements and information on this Website and in the Company's press releases, filings with the Securities and Exchange Commission (the “SEC”), and other reports are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks, uncertainties, assumptions, and other factors that that may cause actual results to differ materially from those that may be described or implied herein or in such press releases, SEC filings or other reports. Such factors include, but are not limited to, changes in general economic and local conditions, the availability and cost of land suitable for residential development, the availability and cost of labor and materials, interest rates, consumer confidence and willingness to purchase homes, adverse weather conditions and natural disasters, competition, environmental matters, governmental regulation and other factors as may be noted from time to time in the Company's SEC filings.
9. No Tax, Investment or Legal Advice. The content and information presented on the Website is for informational and promotional purposes only and is not intended to offer specific tax, investment or legal advice of any kind. References to tax and other laws are intended to convey the gist of general rules only and do not describe the various exceptions, limitations and rules for special situations that frequently accompany such general rules. ALL USERS ARE EXPRESSLY ADVISED TO CONSULT WITH THEIR OWN TAX, INVESTMENT AND/OR LEGAL PROFESSIONALS BEFORE MAKING ANY PURCHASE OR INVESTMENT DECISIONS. BY USING THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THE WEBSITE TO MAKE ANY INVESTMENT OR PURCHASE DECISION. 10. Release, Disclaimer and Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE STANDARD PACIFIC CORP., ITS SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “COMPANY PARTIES”) FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR (A) ACCESS TO AND/OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, (B) THE USE OF ANY INFORMATION OR MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE, (C) ANY CONTENT POSTED OR DISTRIBUTED BY YOU THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
11. Indemnification. You will indemnify, defend, and hold the Company Parties harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and court costs) that constitute, or arise out of or in connection with your (a) failure to comply with any of these Terms of Use or (b) use of the Website. The Company has no obligation whatsoever to indemnify, defend, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Website.
12. Links to Other Sites. While on the Website, you may be referred to websites other than the Company’s Website. A link from the Website to such a third party website does not imply endorsement of that website nor any ability to control that website's privacy practices. The Company has not reviewed, and does not endorse, any third party website, and you hereby acknowledge and agree that the Company shall not be responsible for the content, products or services offered on or through such websites. Be aware that third party websites may collect data and personal information and operate according to their own privacy practices. Therefore, you should carefully review the privacy policies of third party websites before submitting any personal information to them. You are responsible for compliance with all laws regarding material obtained from any third party websites. 13. Intellectual Property. The Website and all information, images, photographs, graphics, data, text, files, links, software, messages, communications, content, organization, and design contained on or related to the Website are the exclusive property of the Company and the Company’s licensors, and are protected under applicable United States and other copyright, trademark, and other proprietary rights laws (the “Company Materials”). Except as specifically allowed in these Terms of Use, the Company Materials may not be copied, reproduced, republished, transmitted, displayed, performed, distributed, sold, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner without the Company's prior written consent. The Company's trademarks, logos, images, and service marks used on the Website are the exclusive property of the Company, and may not be used without the prior written consent of the Company and without proper acknowledgment. All other trademarks and/or logos are the property of their respective owners. You do not acquire any ownership rights to any Company Materials through your access to, or use of, the Website.
14. Children. 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 13. The Website is a general audience site that is not designed nor intended to collect personal information from children under the age of 13. If you are under 13 years old, you should not request any information nor provide any personal information to the Website. 15. Governing Law. These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of California, without regard to conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. 16. Dispute Resolution. Any cause of action by you with respect to the Website (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. You agree that any claim or dispute you may have against the Company arising out of or related to this Website must be resolved exclusively by a state or federal court located in Orange County, California. You agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purpose of litigating all such claims or disputes.
17. Severability. If any term of this Agreement is declared unlawful, void or for any reason 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 such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section. 18. English Controls. A Spanish language version of various portions of the Website has been provided for your convenience. We make no representation or warranty as to the accuracy or completeness of the translation provided and undertake no further obligation to interact with you in Spanish. The Company conducts business in English and you should expect that any further contact you may have with the Company will be in English. For instance, if you decide to purchase a home from the Company, the home purchase contract and the home warranty manuals will be written in English and all Company personnel, including warranty and customer service personnel, speak English.
If you have any questions regarding these Terms of Use, please contact us at marketing@stanpac.com or at Standard Pacific Corp., Attn: Website Terms of Use, 15360 Barranca Parkway, Irvine, California 92618.
Copyright © 2010 Standard Pacific Corp. All rights reserved.
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