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The following describes the terms on which Columbia
Communities offers you access to our services.
Welcome to Columbia Communities User Agreement. This
agreement describes the terms and conditions applicable
to your use of our services. By using or accessing
Columbia Communities’ website, you agree to be
bound by the terms of this User Agreement. We may amend
the terms of this User Agreement from time to time.
When we do so, we will notify you by posting the change(s)
on our site and by sending you the information at your
email address as it appears on our records. Any continued
use of the Columbia Communities website after we notify
you of the changes will constitute our agreement to
such change(s). Additionally, from time to time, we
may update or revise the services, programs and/or
related materials. This agreement was last revised
on March 24, 2003.
1. Access and Interference
You agree that you will not use any device, software
or routine to interfere or attempt to interfere with
the proper working of the Columbia Communities site
or any activity being conducted on our site. You agree
that you will not take any action that imposes an unreasonable
or disproportionately large load on our infrastructure.
You agree that you will not copy, reproduce, alter,
modify, create derivative works, or publicly display
any content (except for your information) from our
website without the prior express written permission
of Columbia Communities.
2. Breach
Without limiting other remedies, we may immediately
issue a warning, temporarily suspend, indefinitely
suspend or terminate your use of this site and refuse
to provide our services to you: (a) if you breach this
agreement or the privacy policy; (b) if we are unable
to verify or authenticate any information you provide
to us; or (c) if we believe that your actions may cause
legal liability for you, for our users or for us.
3. Indemnity
You agree to indemnify and hold Columbia Communities and its subsidiaries,
affiliates, officers, directors, agents and employees, harmless
from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your breach of
this agreement or the documents it incorporates by reference, or
your violation of any law or the rights of a third party.
4. Legal Compliance
You shall comply with all applicable laws, statutes ordinances
and regulations regarding your use of our service.
5. Disclaimer
Columbia Communities 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
Columbia Communities strives to keep content on this site updated,
accurate, and complete, Columbia Communities, 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
in jurisdictions where prior registration or other advance qualification
of real estate is required. Inquire of the specific community to
see if it is qualified for sale in your jurisdiction. All homes
about which information is provided herein are subject to prior
sale. Prospective purchasers must visit a Columbia Communities
Sales Office to purchase a home. Despite the efforts of Columbia
Communities to provide accurate information on this site, it is
not possible to ensure that all information is correct or up to
date. Columbia Communities 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,
COLUMBIA COMMUNITIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COLUMBIA COMMUNITIES 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. COLUMBIA COMMUNITIES 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.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COLUMBIA
COMMUNITIES 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 COLUMBIA COMMUNITIES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
7. Links To and From This Site
Columbia Communities does not have responsibility and shall not
be liable for the accuracy or availability of information provided
by websites that 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 Columbia Communities of such websites or the content, products,
advertising, or other materials presented on such websites, including
any changes or updates thereto.
8. 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. Columbia Communities
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
of measurement used. Columbia Communities cannot control future
development or guarantee the preservation of the natural environment
surrounding its communities. Columbia Communities 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. Columbia Communities 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 Columbia Communities
Sales Representative for specific price or other information for
each community.
9. Employment
Columbia Communities is an equal opportunity employer. Nothing
in these materials shall constitute an offer of employment. Although
Columbia Communities will use all reasonable efforts to maintain
confidential any personal resumes or information submitted to it,
Columbia Communities cannot guarantee that confidentiality will
be maintained.
10. Notices
Columbia Communities 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
Columbia Communities' account information. Except as explicitly
stated otherwise, any notices to Columbia Communities shall be
given by postal mail to Columbia Communities at 17797 North Perimeter
Road, Suite 115, Scottsdale, Arizona 85255.
11. Applicability of User Agreement
The terms and conditions of this User Agreement are applicable
upon the User's access to the site. This User Agreement may be
revised, modified, amended, or supplemented by Columbia Communities
without notice at any time for any reason. The terms and conditions
of this User Agreement shall apply to all Users regardless of any
future transaction or dealings between such User and Columbia Communities,
or lack of any such future transaction or dealings, and shall survive
the termination of any such future transaction or dealings.
12. General
This agreement shall be governed in all respects by the laws of
the state of Arizona. We do not guarantee continuous, uninterrupted
or secure access to our services and operation of our site may
be interfered with by numerous factors outside of our control.
Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar
breaches. This agreement sets forth the entire understanding and
agreement between us with respect to the subject matter hereof.
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