Terms of Use

YOU ARE ADVISED THAT YOUR ACCESS AND USE OF THIS WEBSITE CONSTITUTES YOUR FULL ACCEPTANCE AND AGREEMENT TO THESE TERMS OF USE.

These Terms of Use (“Terms”) apply specifically to and govern your access to and use of this Website (this “Site”) and all content, services and products, if any, provided on this Site. This Site is presented to you by Newland Real Estate Group, LLC, its affiliates and assigns (collectively referred to as “Newland”). The use of the terms “we,” “us,” or “our” within this Site also refers to Newland. The terms “you” and “your” refer to you, a patron and user of this Site.

Newland may be engaged as the manager of certain residential communities (the “Communities”) and is making this Site available for your use as a convenience, subject to your acceptance without modification of these Terms and all other operating rules and policies (including, but not limited to, Newland’s Privacy Policy. These Terms do not alter in any way the terms and conditions of any contract or agreement you may have with Newland. If you do not agree with any of these Terms, do not access or otherwise use this Site or any information or materials contained on this Site in any manner. This Site is intended as an accommodation only and is directed only to credit-worthy persons who are aged 18 years or older. Persons under the age of 18 should not use this Site or otherwise submit any information to Newland.

 

Copyrighted Materials/Trademarks

Materials on this Site, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship (collectively the “Materials”) that are copyrighted materials are owned by or licensed to Newland. All rights are reserved. The Materials contain trademarks, service marks and trade names which are all owned by Newland or licensed for use by Newland, and may also contain brand and product names which are trademarks, service marks or trade names of third-parties which are owned by their respective owners. Except as otherwise noted in this Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for reproduction, sale, or further distribution, subject to the following additional conditions:

1. Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
2. Newland reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Newland.

Nothing contained on this Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Newland or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on this Site are expressly reserved to Newland and/or any third party who is the owner of such IP Rights in the Materials, as applicable. Any unauthorized use of any Materials or IP Rights shall cause irreparable damage to Newland and shall be subject to prosecution by Newland during which time Newland may pursue all remedies including, but not limited to, injunctive relief.

 

Hyperlinks to this Site

Brokers, salespersons and other real estate professionals are granted a limited, nonexclusive right to create a "hypertext" link to this Site provided that such link is to the entry or home page of this Site and does not portray Newland or any of its products or services in a false, misleading, offensive, derogatory, or otherwise defamatory manner as may be determined by Newland in its sole and absolute discretion. This limited right may be revoked by Newland at any time for any reason whatsoever. Notwithstanding the foregoing, the use of, framing, or utilization of framing techniques to enclose any Newland trademark, logo or trade name or other proprietary information, including the Materials found at or of this Site, the content of any text or the layout/design of any page of this Site or any form contained on a page of this Site without the express written consent of Newland in each instance, is expressly prohibited. In addition, no meta tags or other "hidden text" utilizing a Newland name, trademark, or product name may be used without Newland's express written consent in each instance.

 

Operation and Access of Site

Newland makes no representations or warranties regarding the availability of this Site at any given time, whether the use of this Site will be uninterrupted, or the continued operation of this Site. Newland may, with or without notice, suspend the operation of this Site for indefinite periods of time, terminate the operation of this Site at any time, and suspend or terminate your ability to access and use this Site at any time. Newland, with or without notice, may revise the features and functionality of this Site, and the instructions and guidelines regarding the access to and use of this Site, at any time. Newland, with or without notice, may at any time revise the hardware, software and communication lines necessary to access and use this Site, and the Internet Protocol number(s) or address(es) used for this Site. While Newland makes reasonable efforts to prevent the introduction of viruses, worms, Trojan horses, time bombs, or other computer programming routines, features or operations to this Site that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, Newland does not guarantee or warrant that this Site or materials transmitted from this Site do not contain such computer programming routines, features or operations. You agree to indemnify and hold Newland harmless from any damage, loss, expense, including without limitation reasonable attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with these Terms. Newland is not responsible for any technical failures or problems that are beyond its control, or any results of any such failures or problems.

 

Prohibited and Unlawful Uses

You agree not to use this Site, including but not limited to any materials or services that you may receive through your use of this Site: (a) in a manner that violates any local, state, federal, foreign, or international statute, regulation, rule, order, treaty, or other law or for any purpose that is prohibited by these Terms; (b) to stalk, harass or harm another person or to interfere with any other party's use and enjoyment of this Site; (c) to impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity; (d) to imply any relationship with Newland or to create the perception of any such relationship; or (e) to damage, disable, overburden, interfere with or disrupt this Site, or the servers or networks connected to this Site or any of Newland's related websites. You further agree not to: (a) use any data mining, robots, or similar autonomous program or any network designed for data gathering or extraction methods in connection with this Site or (b) attempt to gain unauthorized access to any portion of this Site, or any other services, accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means or method. You may not obtain or attempt to obtain any materials or information through any means or method not intentionally made available through this Site. Any hacking or interference by yourself or others in the orderly and proper administration of this Site will be prosecuted to the full extent of the law. You agree to indemnify and hold Newland harmless from any damage, loss, expense, including without limitation reasonable attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relenting to any failure by you to comply with these Terms or any misrepresentation you make in your use and participation in the information provided by this Site.

 

Links to Third-Party Websites

This Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Newland. If you use these links, you may leave this Site. Newland has not reviewed any of these third-party websites and does not control and is not responsible for any of these websites or their content. Newland does not endorse or make any representations about third-party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any third-party websites linked to this Site, you do so entirely at your own risk.

 

Social Media

Newland may from time to time operate pages on social media platforms, including but not limited to, Facebook, Google+, Instagram, Twitter, YouTube and Pinterest. By accessing, viewing, and or interacting with Newland’s social media pages, you unconditionally accept and agree to abide by those Terms, Terms of Service, Privacy Policy, Community Guidelines and Privacy Guidelines (collectively “Social Media Terms of Use”) for Facebook, Google+, Instagram, Twitter, YouTube and Pinterest, respectively, as well as other such websites or platforms that may be utilized in the future. Newland hereby expressly incorporates the Social Media Terms of Use to these Terms.

 

Access and Use of Site is Provided “As Is”

USE OF THIS SITE IS PROVIDED “AS IS” AND WITH “ALL FAULTS”, FOR INFORMATIONAL PURPOSES AND AS AN ACCOMMODATION AND COURTESY ONLY, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, RELEVANCE, RELIABILITY, COMPLETENESS OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IN NO EVENT SHALL NEWLAND BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THIS SITE, FOR ANY SUSPENSION OR TERMINATION OF THE OPERATION OF THIS SITE OR YOUR ABILITY TO ACCESS AND USE THIS SITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF NEWLAND HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THIS SITE BY YOU IS AT YOUR SOLE RISK, RESPONSIBILITY, EXPENSE, AND LIABILITY.

 

Investment Disclaimers and Investment Risks to Financial Investors

All investments, including real estate, are speculative in nature and involve substantial risk of loss. Newland encourages any prospective financial investor to consult with its investment advisors to make an independent evaluation of any information provided on this Site. Much of the information made available on this Site is derived directly from information published by other companies or submitted to governmental agencies which we believe are reliable, but are without our independent verification. As such, Newland cannot guarantee that all of the information made available on this Site is accurate or complete. Newland does not warrant or guarantee the success of any action taken in reliance on the statements made on this Site. Past performance is not an indicator of future results. All investments carry risk and all investment decisions of any financial investor remain the responsibility of such financial investor. There is no guarantee that systems, indicators, or signals will result or that they not result in losses.

 

Forward-Looking Statements

Our marketing materials and communications may contain “Forward-Looking Statements” – that is, statements related to future events or projects. In this context, forward-looking statements usually address our expected business performance and condition, and often contain words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “see,” “will,” “would,” or “target.” Forward-Looking Statements by their very nature address issues that are uncertain and may cause our actual future results to be materially different than those expressed in our Forward-Looking Statements.

 

Risks Related to the Real Estate Industry

An investor’s performance and the value of its real estate investment is subject to general economic conditions and risks associated with its real estate assets. There are significant expenditures associated with an investment in real estate (such as debt service, real estate taxes, insurance, and maintenance costs) that generally do not decline when circumstances reduce the income from the real estate investment. Income from and the value of any real estate investment may be adversely affected by a number of factors, including but not limited to:

  • Downturns in international, national, regional and local economic conditions, particularly increases in unemployment;
  • The attractiveness of the Communities to potential tenants and competition from other communities;
  • Increases in the supply of or decreases in the demand for similar or competing communities in Newland’s target markets;
  • Bankruptcies, financial difficulties or lease defaults by commercial tenants;
  • Changes in interest rates, availability and terms of debt financing;
  • Changes in, or increased costs of compliance with, governmental laws, rules, regulations and fiscal policies, including changes in tax, real estate, environmental and zoning laws, and Newland’s potential liability thereunder;
  • Environmental conditions or retained liabilities for such conditions; and
  • Civil unrest, acts of God, including earthquakes, floods and other natural disasters, which may result in uninsured losses, and acts of war or terrorism.

 

Notice to Prospective Homebuyers: No Investment Representation

Newland is not making, nor does it condone, any representations about future income, profit or rental potential of any home. You should purchase a home for personal use and enjoyment only, and without reliance upon any potential for future profit, rental income, economic or tax advantages. There should be no expectation of profit on your purchase of a home based upon the efforts of others, including Newland. No purchase of real property in the Communities owned or managed by Newland should be considered a risk capital investment and purchasers acknowledge that the only representations related to any such purchase shall be confined to the provisions contained in the purchase agreement which may not be varied by anything contained on this Site.

 

Not an Offering Where Prior Qualification Required or Where Prohibited by Law

The information in this Site does not constitute an offer to residents of jurisdictions where prior registration of out-of-state real estate offerings are required unless the community in question has been so qualified or an applicable exemption is available. Offers to buy property originate from the homebuyer. No state or federal agency has judged the merits or value, if any, of the real property offered on this Site.

 

California State Residents

WARNING: THE CALIFORNIA DEPARTMENT OF REAL ESTATE HAS NOT INSPECTED, EXAMINED, OR QUALIFIED THIS OFFERING.

 

New York State Residents

Newland and principal(s) taking part in the public offering or sale of homes in the Communities are not incorporated in, nor do they currently maintain an office within the State of New York. Unless the offering of any cooperative interest in real estate is otherwise qualified under applicable New York law as described below, the offering for sale of homes in the Communities is neither made in the State of New York nor made to the residents of the State of New York. Until such time as all registration and filing requirements under New York General Business Law Article 23-A and the Attorney General’s regulations are complied with, a written exemption is obtained pursuant to an application and such is granted pursuant to and in accordance with the Cooperative Policy Statements #1, #7, or #12, or a “No-Action” request is granted (i.e., the offering has been “qualified” under New York law), no offering for sale of homes in the Communities will be directed to any person or entity in or from the State of New York by, or on behalf of Newland or anyone acting on behalf of Newland or anyone acting with Newland’s knowledge, nor will any activities by Newland under such circumstances target New York State residents. These disclosures have been made to ensure that Newland has taken adequate measures to notify residents of the State of New York that it will not offer property that has not been previously qualified for sales in New York in or from the State of New York.

 

Additional Disclaimers

Newland may be engaged by the owners of the Communities (collectively, “Fee Owners”) to manage the Communities. Homes within the Communities are constructed and sold by homebuilders (“Builders”), not affiliated with Newland or Fee Owners. Fee Owners are responsible only with respect to the development of certain infrastructure improvements (e.g., roads, water, sewer, electric and certain amenities, etc.) and such obligations run solely to persons buying property directly from Fee Owners. North America Sekisui House, LLC (“NASH”) and the California Public Employees Retirement System (“CalPERS”) may own an indirect interest in one or more of the members of Fee Owners. Newland, NASH and CalPERS (collectively, the “Released Parties”) are not co-developing, co-building, partnering with, or joint venturers with Builders and do not warrant or guarantee the obligations, construction or pricing of Builders who may build and sell homes in the Communities. You agree that Released Parties shall have no (i) liability whatsoever with respect to the development of the Communities or the selling of homes by the Builders, or (ii) responsibility for any claims, issues or matters arising at the Communities. Released Parties are not a guarantor or party to any of the agreements between the Builders and third-parties, including homebuyers. Homebuyers should look to the relevant purchase contract and the disclosures, if any, accompanying such purchase contract provided by the Builder for the complete terms of sale. Homebuyers agree to waive, to the fullest extent permitted by law, any and all rights, claims, causes of action, and other rights whatsoever against Released Parties arising out of their purchase transaction with the Builders.

As a courtesy only, Newland may at times post on this Site sketches, renderings, elevations, graphic materials, floor plans, specifications, completion dates, terms, conditions and statements provided by Fee Owners or Builders. Any sketches, renderings, elevations, graphic materials, floor plans, plans, specifications, completion dates, terms, conditions and statements contained in this Site are proposed and for illustrative purposes only, and may be modified, revised or withdrawn at any time and without notice. Maps and other illustrations are not drawn to scale and are artistic renderings only. Finishing items displayed on this Site are shown for illustrative purposes only and may not actually be included in the home you purchase. Future development of any Communities may or may not occur as shown on illustrations, depictions or maps. Finishing items are items such as, but not limited to, tile, marble, carpet, cabinets, stone, brickwork, wood, paint, stain and mica that are subject to size and color variations, grain and quality variations, and whose availability may vary in accordance with price, availability and manufacturer. Similarly, wall coverings, paint colors, accent light fixtures, wall ornaments, drapes, blinds, bedspreads, furniture, furnishings, wet bars, monitoring systems, certain built-in fixtures, special floor coverings, wood trim may be included in models or shown in illustrations on this Site strictly for purposes of decoration or example only and may not be included in the home you purchase from Builder. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for the same. Actual improvements may vary from those depicted and water, skyline or any other views may not be available from all the homes located in a particular community nor are any such views guaranteed. Future development can modify, limit or eliminate view from a particular home. All references to square footage (or square meters) are approximate and the actual configuration may vary. Differing measuring techniques may also yield different total area of a home. You should not rely upon any listed figures describing the gross area of a home. All homes are being sold based upon their type and location without regard to the total size or square footage and there is no guaranty that measurement will yield a specific figure.

Each Builder operates independently and is not affiliated with Newland. Homebuyers in Communities contract directly with the Builder and must rely solely on their own investigation and judgment of the Builder's construction and financial capabilities in as much as Newland does not warrant or guarantee such capabilities, nor does Newland warrant or guarantee the design, views, pricing, engineering, workmanship, construction materials or their availability, or availability of any home or any other building constructed by such Builder at a community or the obligations of any such Builder or materialmen to the homebuyer.

 

Americans with Disabilities Act

Newland uses reasonable efforts to comply with the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits discrimination against persons with disabilities in places of public accommodation and commercial facilities and will not tolerate any such discrimination.

 

Equal Opportunity

Newland is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. Newland encourages and supports an affirmative advertising and marketing program in which there are not barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Human Models/Lifestyle Photos

No racial or ethnic preference should be inferred from the models/lifestyle photos posted on this Site.

 

Press Releases

The information contained within press releases issued by Newland should not be deemed accurate or current except as of the date the release was posted in which case, Newland has used reasonable efforts to ensure the accuracy. Newland has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.

 

Revisions to these Terms of Use

Newland reserves the right to revise these Terms at any time without notice by updating this posting on this Site. You agree that your continued use of this Site after such modifications have been made constitutes your acceptance of such revised Terms.

 

General Provisions

The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of this Site will lie in the state or federal courts located in San Diego, California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Newland to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Newland in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

 

Contact Us

If you have questions regarding these Terms, Site or would like to be removed from our database, please send an e-mail to: info@newlandco.com or contact us by mail at:

Newland Marketing Department
4790 Eastgate Mall, Suite 150
San Diego, California 92121
858-455-7503

COPYRIGHT © Newland Real Estate Group, LLC. 2019 All rights reserved.