Terms of Use - Civita Life

Terms and Conditions

This section sets forth the Terms and Conditions of your use of this Civita’s (sometime referred to as “us,” “we,” and “our”) Web site. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THIS WEB SITE AND THE CIVITA’S PRIVACY POLICY CAREFULLY BEFORE USING THIS WEB SITE.

All users (“Users”) of this Web site (“the Web site”) agree that access to and use of this Site are subject to the following Terms and Conditions and applicable federal, state and local laws. If you do not agree to these Terms and Conditions, please do not use this Site.

General Terms and Conditions

The following Terms and Conditions apply to all use of this Web site by Users. By accessing or using the Web site, each User agrees to be bound by the Terms and Conditions. We provide the information, services, text, graphics, links or other material (“the Content”) on this Web site to the User, conditioned on the User’s acceptance, without modification, of the Terms and Conditions.

We may change these Terms of Use at any time, without prior notice. If you access or use the Site after we post a change, you accept that change. If you do not accept the change, do not access or use the Site. You should check these Terms of Use periodically. USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF ALL THE FOLLOWING TERMS OF USE, IN THEIR CURRENT FORM OR AS MODIFIED.

The Content offered on this Web site is provided with the understanding that neither we, nor any of our agents, employees or affiliated entities, are engaged in rendering legal or other professional services or advice. The use of the Web site is subject to the additional disclaimers, caveats, and notices that may appear throughout the Web site.

Web Site For Informational Purposes Only

The Content provided on this Web 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 or lease. Prospective purchasers or renters must visit a Civita Sales or Leasing Office to purchase or rent a home. No binding agreement to sell, purchase, or finance a home shall arise out of the use of this Web site. Do not rely on any information contained herein without verification by contacting a Civita Sales or Leasing Office. This website does not constitute an offer to sell nor a solicitation of an offer to purchase real property at Civita. Certain architectural elements, community facilities, services and amenities described herein are in the planning stages, some are not yet in development and are subject to change. The community plan depicted herein is conceptual. Parts of the community plan have been filed with the City and County of San Diego.

Disclaimers

Civita, its employees, subsidiaries, and 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 Web site. While we strive to keep Content on this Web site updated, accurate, and complete, we, our employees, agents, or affiliated entities will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content.

Despite our efforts to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. We therefore assume no responsibility or liability for any actions taken as a result of using this Web site, or for errors or omissions in the Content on this server.

We make no representation that the operation of our Web site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

THIS WEB 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, CIVITA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF A COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. CIVITA 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. CIVITA 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.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CIVITA 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 CIVITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links To And From This Web Site

Our site may provide links to external web sites, including retail web sites offering products for sale. We do not have control or responsibility over these linked web sites, and therefore, we are not liable for their privacy policies, the accuracy or availability of information provided by those web sites, nor can we be responsible for any damage which may occur while visiting those sites. Links to external web sites are provided merely as a convenience to Users and do not constitute an endorsement by us of such web sites or the content, products, advertising, or other materials presented on such web sites, including any changes or updates thereto. We make no express or implied warranties or representations with respect to the content, use of, or products sold through such linked sites, and disclaim all liability with respect to such linked sites.

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. We are committed to strictly observing all federal, state and local fair housing and anti-discrimination laws. All housing developments are offered on an equal opportunity basis. No racial, ethnic or other preference is intended by the use of models of certain racial or ethnic backgrounds in photographs or renderings that appear in this Web site.

Specifications, Prices, Terms, Renderings, Homeowners’ Associations and Other Information

We endeavor to maintain the information on the Web site current, accurate and complete. However, in a continuing effort to meet consumer expectations, we reserve the right to modify floor plans, features, specifications, amenities, appliances, maps, prices, terms, and conditions at any time without notice. Model homes may be shown with special wall, floor and window treatments, landscaping, decorative features, appliances, upgrades, and other items which are either optional, or for use only in the model homes. Unless stated otherwise, the prices quoted in this Website do not include optional or upgraded items. All renderings, maps and floor plans are an artists’ depiction, and may vary from the actual construction. All measurements, including square footages, are estimates, and may differ from the actual construction. Please do not rely on any information contained herein without contacting our Sales and Leasing Offices for verification and further details.

Certain Civita neighborhoods are subject to recorded covenants, conditions and restrictions, and/or require membership in a homeowners’ association which assesses fees for the maintenance of the common areas, and also enforces the recorded covenants, conditions and restrictions. Additionally, certain neighborhoods may be subject to special taxes or tax assessment districts.

Copyright

The entire Content included in this Web site is copyrighted as a collective work under the United States and other copyright laws, and is the property of Civita. The collective work includes works that are licensed to Civita. The Content is provided by us as a service to the public and is to be used for personal informational purposes only. Any violation of the foregoing conditions or use will subject the User to the possibility of full prosecution under applicable law.

Other than User Content, we own or license the content on the Site and Services, including, but not limited to, all product brochures, community and home information contained within or linked into the Site, organization, graphics, design, compilation and other matters related to the Site, software, text, visual and audio content (“Content”), Civita trade names, logos, and brand elements (Civita service marks) and the trademarks, trade names, logos and brand elements of third party products and services that may be offered on the Site or through the Services (“Third-Party Marks”). All intellectual property, including copyright and trademark rights, are the exclusive ownership of Civita. The Content, Civita Name and Marks and Third-Party Marks are protected under U.S. and international laws. The posting of information or materials on the Site by Civita does not constitute a waiver of any rights in such information and materials. We reserve the right in our sole discretion to edit or delete any documents, information, product and service descriptions, terms and other information provided herein are subject to change without notice.

No Content from this Web 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 Web site solely for the User’s own non-commercial use, or towards making a purchase of a home or leasing of an apartment, provided that the User acknowledges and agrees that all homes about which information is provided herein are subject to prior sale or lease, and that prospective purchasers/renters must visit a Civita Sales Office to purchase or lease a home. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this Web site is strictly prohibited. The User further agrees not to change or delete any proprietary notices from Content downloaded from the Web site.

Digital Millennium Copyright Act Notice

This section is provided in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”) to allow those who believe that a copyright or other intellectual property rights have been infringed to notify us. In appropriate circumstances and in our discretion, we will remove any Content from the Web site which we learn is violating the intellectual property rights of another.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Civita at:

5465 Morehouse Drive, Suite 200
San Diego, CA 92122

Applicability Of Terms And Conditions

These Terms and Conditions are applicable upon the User’s access to the Web site. These Terms and Conditions may be revised, modified, amended, or supplemented by us 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 us, or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.

Miscellaneous

The use of the Site and any claim relating to the materials on or 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, and any legal action relating to the use of this site shall be brought in the courts of the State of California for the County of San Diego.

Any cause of action or claim made by a User with respect to the Web site (including but not limited to the purchase or rental of a home through a Civita Sales or Leasing Office) must be commenced within one (1) year after the claim or cause of action arises. Our 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. We may assign its rights and duties under the Terms and Conditions to any party at any time without notice to the User.