Terms
of Use
Version 1.0 - Updated April 17th, 2005
PLEASE READ CAREFULLY
Welcome
to the MBK Real Estate LLC ("MBK Real Estate")
website (the "Website"). Please carefully read this
Terms of Use, which contains the terms and conditions for its
use ("Terms") before using the Website. By accessing,
browsing and using the Website or providing any information
to MBK Real Estate you indicate that you agree to the Terms
contained in this agreement.
Acceptance of Terms
This Terms of Use
is a legally binding agreement between you, any third party
to whom you provide or allow access to the
Website or who otherwise benefits from your use of the Website
(collectively sometimes referred to herein as "you" or "your"),
and MBK Real Estate. If you do not agree to the Terms, do not
access, browse or use the Website. MBK Real Estate may amend
the Terms from time to time without notice to you, other than
posting the amended Terms to the Website and changing the version
number of this Terms of Use which is noted just below the first
line of under the Terms of Use title. In addition, use of particular
services or information on the Website may be subject to additional
terms and conditions that will be available in connection with
such services and information. Unless otherwise agreed to in
writing between you and MBK Real Estate, the Terms, as amended,
shall govern your use of the Website.
Privacy Policy
Information that you provide to MBK Real Estate via the Website
is subject to our Privacy Policy. For more information, please
read our full Privacy Policy at http://mbk.com/service/terms/privacy.html.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE
WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS.
MBK REAL ESTATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO
THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES
ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN
CONNECTION WITH THE WEBSITE.
ALTHOUGH MBK REAL ESTATE ATTEMPTS TO PROVIDE YOU WITH ACCURATE
INFORMATION, THIS WEBSITE IS INTENDED TO BE FOR INFORMATIONAL
PURPOSES ONLY. PRODUCT AND OTHER INFORMATION, INCLUDING PRICING,
AVAILABILITY ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE
TO YOU AND MAY NOT BE ACCURATE, COMPLETE, CURRENT OR RELIABLE.
MBK REAL ESTATE MAKES NO WARRANTY THAT (1) THE WEBSITE WILL
MEET YOUR EXPECTATIONS, (2) THE WEBSITE CONTAINS ACCURATE,
COMPLETE, CURRENT OR RELIABLE INFORMATION, (3) MBK REAL ESTATE
WILL UPDATE THE INFORMATION ON THE WEBSITE, (4) THE WEBSITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (5) ANY
ERRORS IN THE WEBSITE WILL BE CORRECTED, OR (6) THAT THE WEBSITE
IS SECURE, FREE FROM BUGS, VIRUSES, ERRORS OR OTHER LIMITATIONS.
ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN
DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THIS DISCLAIMER OF WARRANTIES AND LIABILITIES APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF OR USE OF RECORDS OR SERVICES, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
Limitation of Liability
YOU AGREE THAT MBK REAL ESTATE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF MBK REAL ESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE
THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES
RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE; OR
(3) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE LIMITATIONS OF DAMAGES AND LIABILITY PROVIDED HEREIN ARE
MATERIAL ELEMENTS OF THIS TERMS OF USE. YOU ACKNOWLEDGE AND
AGREE THAT MBK REAL ESTATE WOULD NOT BE ABLE TO PROVIDE THE
WEBSITE WITHOUT SUCH LIMITATIONS.
Product Information
Due to MBK Real Estate's continuing effort to meet consumer
expectations, MBK Real Estate reserves the right to modify
plans, lots, features, information, specifications, availability,
square footages and services without prior notice to you or
obligation to notify you. All square footages posted on the
Website are approximate. Product and other information posted
to the Website is subject to change at any time and may not
be accurate, complete, current or reliable. You should not
assume that MBK Real Estate has updated the information, materials
or other content on the Website. No information or content
provided on the Website shall be construed to be an offer or
solicitation for sale. Please consult a MBK Real Estate Sales
Representative for current product information for each community.
MBK Real Estate's Proprietary Rights, Limited Licenses, Trademarks
and Trade Secrets
You acknowledge
and agree that any content used in connection with the Website,
including any software accessible through
the Website, contains MBK Real Estate's proprietary and confidential
information that is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. "MBK", "MBK
Real Estate" and all other MBK Real Estate's product and
service names and design logos are trademarks and/or service
marks of MBK Real Estate LLC and/or its affiliates (the "MBK
Marks"). As between you and MBK Real Estate, MBK Real
Estate shall own all right, title and interest in and to the
MBK Marks. Subject to the Terms, MBK Real Estate grants you
a personal, non-transferable and non-exclusive right and license
to use the Website. You are not permitted to (and may not allow
any third party to) copy, modify, adapt, translate, lease,
rent, loan, distribute, create a derivative work of, reverse
engineer, disassemble, decompile, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right
in the Website. You agree not to modify any software on the
Website in any manner or form or to use modified versions of
the software. Without MBK Real Estate's prior permission, you
agree not to display or use the MBK Marks in any manner. MBK
Real Estate reserves all patent, copyright, trade secret, trade
name, trademark, service mark, license and other proprietary
rights related to the Website, its software and services and
you shall not infringe upon or violate such rights.
The license provided herein shall automatically terminate
on the date MBK Real Estate decides to remove or terminate
the Website. In addition, your license shall terminate immediately
if you breach any of the Terms and MBK Real Estate is entitled
to enforce its rights under this Terms of Use by an action
for damages or by specific performance, injunctive or other
equitable relief. This Terms of Use does not limit any rights
that MBK Real Estate may have under trade secret, copyright,
patent or other laws.
Termination
MBK Real Estate, in its sole discretion, may terminate your
license to use the Website for any reason without prior notice
to you. You acknowledge and agree that MBK Real Estate may
immediately bar your further access to the Website. MBK Real
Estate will not be liable to you or any third party for any
termination of your access and/or use of the Website.
Links
The Website may provide links to other World Wide Web sites
or resources. MBK Real Estate has no control over or responsibility
for such websites and resources. You agree that MBK Real Estate
is not responsible for the availability of such external websitess
or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, terms and conditions,
or other materials on or available from such websites or resources.
However, we encourage you to read any applicable terms and
conditions or privacy policies at such websites. MBK Real Estate
provides these links to you only as a convenience.
Notices
Notices to you may be made via either email or regular mail.
The Website may also provide notices of changes to the Terms
or other matters by displaying notices or links to notices
to you on the Website. MBK Real Estate is not responsible for
keeping your email address, mailing address and/or phone number
up to date and accurate.
Records
Except to the extent required by applicable law, MBK Real
Estate has no obligation to store, maintain or provide to you
any information that you provide to MBK Real Estate.
General Information
The Terms and the Privacy Policy constitute the entire agreement
between you and MBK Real Estate and govern your use of the
Website, superceding any prior agreements between you and MBK
Real Estate. You also may be subject to additional terms and
conditions that are applicable to certain services on the Website.
The Terms and the Privacy Policy do not alter the terms and
conditions of any other written or online agreement between
you and MBK Real Estate. The failure of MBK Real Estate to
exercise or enforce any right or provision of the Terms or
this Terms of Use shall not constitute a waiver of such right
or provision. If any provision of this Terms of Use shall be
deemed unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from the Terms of
Use and shall not affect the validity of the remaining Terms.
You may not assign the Terms or any of your rights or obligations
under the Terms without MBK Real Estate's express written consent.
The Terms inure to the benefit of MBK Real Estate's successors,
assigns and licensees. The section titles in the Terms of Use
are for convenience only and have no legal or contractual effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to the
use of the Website or the terms and conditions contained in
this Terms of Use must be filed within one year after such
claim or cause of action arose or the claim or cause of action
shall be forever barred.
International Use
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable
content. Without limiting the generality of the foregoing,
you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States
or the country in which you reside. You agree not to use the
Website unless you are either a citizen of the Unites States
or currently reside in the United States.
Changes to the Terms of Use
As MBK Real Estate's business changes from time to time, this
Terms of Use is expected to change. MBK Real Estate reserves
the right to amend the Terms of Use at any time as provided
herein. You should check the Website frequently to see the
current Terms of Use in effect and any changes that may have
been made to it. Your use of the Website is subject to the
Terms of Use and Privacy Policy in effect at the most recent
time of use. The provisions contained herein supersede all
previous notices or statements regarding the Terms or use of
the Website.
Questions Regarding The Website
If you have any questions or comments about the Website or
this Terms of Use, please contact us at mbkterms@mbk.com or
you can write to us at 175 Technology, Irvine, CA, 92618.
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