Terms and Conditions 2018-03-26T17:30:02+00:00

Terms and Conditions

PLEASE READ CAREFULLY: The following terms and conditions (“Use Terms”) govern your use of this website and its associated web pages (the “Site”). By accessing and/or using this Site, you (“you” or the “User”) agree to be bound by these Use Terms.

OWNERSHIP AND USE

This Site and its content (including, without limitation, its information, text, commentary, graphics, photographs, images, renditions, floor plans, conceptual drawings, audio, video, pages and other content) (“Content”) are owned by, or licensed to, Davidon Homes and/or its affiliated entities (“Davidon”). All rights are reserved with respect to the Content. The Content is protected by federal law against unauthorized copying and reproduction. You agree not to reproduce, re-create, transmit or otherwise use the Content, or post the same on any website or other medium, without the advance written consent of Davidon; provided, however, you may print portions of the Content for your limited personal, non-commercial use, in deciding whether to buy a Davidon home. If you use or visit our Sites and submit content to us, or post any content on our Site, you agree that Davidon is granted an unlimited, worldwide, non-exclusive and perpetual license to publish, duplicate, transmit, use, reproduce, create derivative works from, and sublicense such content without compensation to you.

Your use of this Site is subject to the Privacy Policy of Davidon linked to this Site, which policy is incorporated herein by this reference.

EQUAL HOUSING OPPORTUNITY

Davidon (and its affiliates) is an equal opportunity home builder, and provides housing without discrimination or other limitation based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, medical condition, source of income, familial status, ancestry, or national origin.

LINKS TO AND FROM THIS SITE

The Site may contain “links” to other websites, content, social media platforms, advertisements and other external medium/information (“external sources”). These links are provided to you as a courtesy and do not constitute an endorsement, referral or approval by Davidon of such external sources. Davidon does not undertake to verify the accuracy or veracity of the content on external sources. By clicking on a link, you agree that Davidon is not liable or responsible to you for such external sources, and that your use or linking to such external sources is solely at your own risk.

DISCLAIMERS

The Content is provided for information use only, is not guaranteed, and is not intended to create an offer or solicitation to purchase a home. Homes that may be viewed on this Site may have already been sold or may be subject to a pending sale. The Content is subject to change without notice, including, without limitation, with respect to pricing, features, terms, availability, and amenities. While efforts are made to keep the Site reasonably accurate and current, the Content may be outdated or erroneous, and you should not rely on the Content as being correct or current. If you are interested in learning about our communities and homes, please visit the sales offices at our communities. The sales office is able to provide you with up to date information on our homes and current disclosure information about our communities. Davidon expressly disclaims any liability or responsibility for the accuracy or completeness of the Content on this Site. Nothing on the Site should be construed as legal, accounting or tax advice.

THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “WITH ALL FAULTS” BASIS. DAVIDON DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.   DAVIDON DOES NOT WARRANT THAT THE SITE AND ITS CONTENT ARE ERROR FREE OR THAT SERVICES WILL BE WITHOUT INTERRUPTION. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE AND RELEASE DAVIDON FROM ALL LIABILITY AND DAMAGES, INCLUDING, WITH LIMITATION, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE AND/OR ITS CONTENT, AND AGREE TO INDEMNIFY AND DEFEND DAVIDON AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITY THAT DAVIDON AND/OR ITS AFFILIATES MIGHT INCUR BY REASON OF YOUR USE OF THIS SITE AND/OR ITS CONTENT.   FURTHER, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING OUT OF ANY USE OF THIS SITE, IF ANY, SHALL BE YOUR DISCONTINUATION OF THE USE OF THIS SITE.

THIS SITE IS ACCESSIBLE THROUGHOUT THE WORLD; HOWEVER, THE PRODUCTS AND SERVICES OF DAVIDON MAY NOT BE AVAILABLE IN YOUR STATE OR COMMUNITY; AND ACCORDINGLY, THIS SITE AND ITS CONTENT ARE VOID WHERE DAVIDON AND/OR ITS AFFILIATES ARE NOT DOING BUSINESS OR WHERE PROHIBITED BY APPLICABLE LAW.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe in good faith that the Content on our Site infringes on your copyright, please notify us pursuant to the Digital Millennium Copyright Act of 1998 in writing addressed to Davidon Homes, Attention: Chief Financial Officer, 1600 South Main Street, Suite 150, Walnut Creek, CA 94596.

PROHIBITED USER ACTS

You agree not to do any of the following with respect to your use of the Site: (i) upload, post, email, or otherwise transmit (“transmit”) unlawful content; (ii) violate applicable laws; (iii) transmit viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs; (iv) take any action which interferes with the integrity or performance of the Site; or (v) attempt to gain unauthorized access to the Site or its related systems or networks.

PREFERRED LENDERS

We have identified Preferred Lenders for our communities that offer competitive financing programs. These lenders are familiar with our communities and the new home financing process. They are not affiliated with Davidon and we do not warrant their services. Please contact the Preferred Lender for the community you are interested in to complete an application for loan pre-approval. Davidon will require a pre-approval with the Preferred Lender as part of the home buying process; however, you are under no obligation to obtain a loan from the Preferred Lender in the event you purchase a home, and you will not incur any costs associated with the pre-approval process. THERE ARE OTHER LENDERS AVAILABLE WHO MAY PROVIDE SIMILAR FINANCING PROGRAMS. YOU ARE FREE TO SELECT THE LENDER AND FINANCING PROGRAM OF YOUR CHOICE.

HOME SPECIFICATIONS, PRICES AND OTHER INFORMATION

The specifications included in the Content are not guaranteed. Prices, promotions, incentives, features, options, amenities, floor plans, elevations, designs, materials, dimensions, colors and sizes are approximate, for illustration purposes only, and will vary from the homes as built. Davidon may make changes to its home designs or to its communities at any time without notice to you. Prices shown on the Site refer to the base house and do not include any optional features. Photos and other drawings or renderings of model homes may contain features, designs, decorator items, options, furniture and/or upgrades that may not be available for purchase, and may show mature and upgraded landscaping. Model homes may not represent the lowest-priced homes in the community. Square footage numbers are approximate and vary based on actual construction. Views are not guaranteed and may vary significantly by lot location and may be affected by future development and the growth of landscaping. Community improvements and recreational features and amenities described on the Site are subject to frequent change and may not ultimately be included in the final development. Images do not reflect a racial or ethnic preference. Please visit a community sales office for additional information and disclosures.

MISCELLANEOUS

We reserve the right to modify these terms from time to time without notice to you. Please review the Use Terms periodically for updates. If you do not agree to any updates or modifications, please discontinue your use of the Site. These Use Terms are governed under the laws of California without regard to its conflict of laws rules. Such law will govern any disputes arising out of or relating to this Site. If any provision of these Use Terms are determined to be invalid, unlawful, void or otherwise not enforceable, you agree that the remaining provisions will remain in full force and effect. By accessing this Site, you agree that all disputes will be subject to the jurisdiction of California and shall be venued in Contra Costa County.