CROWN

General Conditions and Terms of Use

General Conditions:

The development concepts for “Crown”, “Downtown Crown”, “Crown West”, “The Retreat” and other portions of the community (the “Community”) continue to evolve and are subject to change without notice.  Therefore, the descriptions of the Community and all amenities, facilities and features are based on current development plans, which are subject to change without notice, and any portion of the Community and all amenities, facilities or features may not be completed.  No guarantee is made as to the final design or development of the Community or any of the amenities, facilities, or features.  Development plans and other depictions and renderings are not legal or sales documents, should not be relied upon in making a decision to purchase any property, are intended to show only general relationships, are for illustrative purposes only, and may be revised from time to time.  VII Crown Farm Owner, LLC (“Owner”) does not own or control the land outside the boundaries of the Community and does not guarantee the current or future use thereof. 

Each lot and condominium unit within the Community may be subject to payment of mandatory homeowners’ association assessments, fees and dues, and additional assessments may be imposed for the use of some amenities. 

Photographs and images are not necessarily of the Community, are for illustrative purposes only and are not intended to be an actual representation of any features or designs of the Community or any specific neighborhood, amenities, facilities or improvements unless expressly noted.  Future development of the Community may or may not occur as shown on illustrations, depictions or maps.

The information on this Site (as defined below) is only intended as general information about the Community and is not an offer or solicitation to sell property. 

Owner does not warrant or guarantee the obligations, construction, or pricing of builders who may build and sell homes in the Community.  Buyers of homes in the Community 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 Owner does not warrant or guarantee such capabilities, nor does Owner warrant or guarantee the design, pricing, engineering, construction, or availability of any home or any other building constructed by such builder or the obligations of any such builder to the buyer.

This material shall not constitute a valid offer in any state where prior registration is required or if void by law.

Owner is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the United States.  Owner and the Community encourage and support 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.

To the extent the Community is registered with the U.S. Consumer Financial Protection Bureau pursuant to the Interstate Land Sales Full Disclosure Act (or with any similar state agency pursuant to any similar state legislation), obtain the Property Report and any similar available documentation for the Community before signing anything.  No federal or state agency has judged the merits or value, if any, of the Community.  

Terms of Use:

These Terms of Use (“Terms of Use”) apply exclusively to your access to and use of this web site (the “Site”).  This Site is presented to you by Owner.  These Terms of Use do not alter in any way the terms and conditions of any agreement you may have with Owner or any entity affiliated with Owner.  If you do not agree with any of these Terms of Use, do not access or otherwise use this Site or any information or materials contained on the Site.  Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.

Owner grants you a non-exclusive and non-transferable license to use this Site, subject to your strict compliance with the Terms of Use.  Owner reserves the right, in its sole discretion, to terminate your access to the Site at any time, without notice.

Use of Copyrighted Materials/Trademarks:

Owner is the owner of the Site.  Any materials on the 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”) are either owned or licensed by Owner and may be copyrighted.  All rights are reserved.  The Materials contain trademarks, service marks and trade names which are owned by Owner, 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 the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, subject to the following conditions:

1) Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.

2) Owner reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Owner.

Nothing contained in the 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 Owner or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Owner and/or any third party, as applicable.

Hyperlinks to this Site:

You are granted a limited, nonexclusive right to create a “hypertext” link to the Site provided that such link is to the entry or home page of this Site and does not portray the Community or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner.  This limited right may be revoked by Owner at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Community IP Rights or other proprietary information, including the Materials found at or on the Site, the content of any text or the layout/design of any page of the Site or any form contained on a page of the Site without the express prior written consent of Owner in each instance.  In addition, you may not use any meta tags or any other “hidden text” utilizing a Community name, trademark, or product name without Owner’s express prior written consent in each instance.

Links to Third Party Web Sites:

The Site may be linked to other web sites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Owner.  If you use these links, you may leave the Site.  Owner has not reviewed any of these third party sites and does not control and is not responsible for any of these sites or their content.  Owner does not endorse or make any representations about third party sites 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 of the third party sites linked to the Site, you do so entirely at your own risk.

Disclaimer of Warranties:

Owner makes no, and hereby disclaims all, warranties, express, implied and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, compliance with federal, state and local regulations, the accuracy, timeliness, relevance, reliability or completeness of the Site or the Materials or any other warranties regarding the Site, Materials or the quality, suitability, truth, accuracy, timeliness, relevance and completeness of any content or other Materials contained on the Site.  You acknowledge and agree that Owner does not warrant that access to the Site will be uninterrupted, or error-free.  The Site is made available “as is” and “with all faults”.

Unlawful and Prohibited 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, conditions, or notices; (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; or (d) to damage, disable, overburden, interfere or disrupt this Site or the servers or networks connected to this Site or any of Owner’s related websites.  You further agree not to (i) use any data mining, robots, or similar data gathering or extraction methods in connection with this Site or (ii) attempt to gain unauthorized access to any portion of the Site or any other services, accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

Limitation of Liability:

OWNER, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE OR ANY CONTENT APPEARING ON THE SITE, INCLUDING FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES WHATSOEVER.  IF THE DISCLAIMERS, EXCLUSIONS OR LIMITATION DESCRIBED HEREIN ARE NOT ALLOWED BY CERTAIN JURISDICTIONS OR SHOULD OTHERWISE FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, THEN OWNER’S LIABILITY HEREUNDER WILL BE LIMITED TO $100.00 EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF YOUR RIGHTS TO USE THIS SITE.

Indemnification and Release:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND OWNER, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES, PENALTIES AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF THE SITE AND/OR THE MATERIALS.

Press Releases:

The information contained within press releases issued by the Community should not be deemed accurate or current except as of the date the release was posted.  The Community and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

Revisions to these Terms of Use:

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

General Provisions:

Enforcement of these Terms of Use will be governed by Maryland law, excluding its conflict and choice of law principles.  The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Site will lie in the state or federal courts located in the Southern District of the State of New York, and you irrevocably agree to submit to the jurisdiction of such courts.  The failure of Owner to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Owner in writing.  In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

If Owner takes any legal action against you to enforce the Terms of Use and prevails in such action, Owner shall be entitled to recover from you, and you agree to pay to Owner, all reasonable attorneys’ fees and court costs incurred by Owner in the action to the extent determined by a court of competent jurisdiction. 

Contact Us:

If you have any questions regarding the Site, please contact Owner by sending an e-mail to __________.

Privacy Policy

This Privacy Policy (“Policy”) for VII Crown Farm Owner, LLC is effective as of May 1, 2015. 

Our Commitment to Privacy:

Your privacy is important to us, as well as to our respective subsidiaries and affiliates (collectively, “we”, “us” or “our”), and we are committed to treating your Personal Information (as defined below) responsibly.  To better protect your privacy, we provide this notice explaining our on-line information gathering and dissemination practices and the choices you can make about the collection and use of the Personal Information you submit on the website on which this Policy is posted the (the “Site”).  We endeavor to maintain appropriate procedures and safeguards to protect the confidentiality of personal information we collect from visitors to this Site, as outlined below.

Personal Information:

Some information that identifies you as an individual (“Personal Information”) is gathered when you register with our Site, or participate in community activities, focus groups and interviews, sweepstakes and promotions (including incentive programs).  We also collect Personal Information about you to the extent that you provide it to us online (e.g., by filling out forms on the Site or by submitting such information in an e-mail message) and offline (e.g., by filling out a comment card at one of our locations, or by registering for information concerning community amenities).  You provide your Personal Information voluntarily.

Personal Information requested may include your name, your street mailing address, your e-mail address, your telephone number and other information, including information about your personal or business demographics and your home purchasing preferences.  In addition, we may ask you to enter an ID, password or similar data when you access this Site, so we can verify your right to access certain portions of the Site. 

In addition to the information provided by Site visitors, our computers automatically receive and record information from your Internet browser, including your IP address, cookie information and the pages you request (see “Cookies and Other Tracking Methods” below).

We might also obtain Personal Information about you provided to us by your friends, including your name and e-mail address, as this Site may allow visitors to the Site to send information about our community to others via e-mail.  If you choose to tell a friend about our community, we may ask you for your friend’s name and e-mail address.  We endeavor to send to your friend such e-mails.  We may elect not to send the e-mail in certain circumstances in our discretion (e.g., if the e-mail contains inappropriate or inaccurate information or content).  We store your friends’ Personal Information for the purposes of sending these e-mails, tracking the success of our referral program and promoting our community.  Your friend may contact us at ________________________ to request that we remove your friend’s Personal Information from our database.

How do we use the Personal Information We Collect:

Our goals in collecting Personal Information from you include: (i) providing you with information about the community, such as phase releases, pricing, amenities, upgrades and enhancements, community events and other information we deem you may find of interest; (ii) supporting business purposes and community planning endeavors that we believe are reasonable and consistent with fair business practices; (iii) notifying you if you are a winner of a sweepstakes, or to provide any information regarding any promotion or incentive program, that you have participated in; and (iv) contacting you concerning phase releases, amenities, upgrades, enhancements, community events or activities, services and products for new homes in the community that might be of interest to you.  We also use your Personal Information to determine other information that will be delivered or displayed to you that may be targeted to your interests, as well as determining what periodic marketing, promotional and other notices to provide to you.  We may also use your Personal Information for market research purposes, for project planning or for developing prospect lists for our existing and future communities.  You may, at any time, choose to not receive communications from us by “opting out” of specific mailing lists and services by sending an e-mail requesting removal to our Customer Service Department at:________________________, or by writing us at the mailing address listed below.

How We Share Personal Information:

We may disclose your Personal Information to homebuilders that build in our communities, to our affiliates (i.e., companies that we own, we are owned by, or we are under common ownership with), to any community association and/or manager, to consultants, and to other third parties with whom we have a business relationship.  We may also disclose your Personal Information to third parties as we deem necessary or desirable to provide products and services that you have requested.  Your Personal Information may also be disclosed to third parties on an aggregate basis and in a manner that does not reveal the personal identity of you or your business.  For real estate professionals who are participants in our Incentive Programs (as defined below) we may disclose your Personal Information to a third party shipper, if applicable, so that any incentives or rewards that you have earned pursuant to the Incentive Program can be shipped and delivered to your home or business.  We may also disclose your Personal Information as we believe is reasonably necessary to comply with law, regulation or other governmental authority.  Finally, we may disclose your Personal Information upon a transfer or sale to another entity of all or a portion of our stock or assets to which this Policy relates, or upon any other corporate reorganization.  

Cookies and Other Tracking Methods and Data:

“Cookies” are small pieces of information stored on your computer.  We may use cookies or, in a limited number of cases IP addresses, for a number of reasons.  Cookies allow us to better understand how users use our Site and can help us to tailor our Site or a marketing message to better match your needs and interests. Cookies can also help you remember your user name and password on protected areas of Site.  You are always free to decline our cookies and continue to use our Site if the tools in your browser permits, but some parts of our Site may not work properly or as efficiently if you do.

Like most standard website servers, our Site may use log files, including IP addresses, browser type, Internet service provider, referring/exit pages, platform type, date/time stamp and number of clicks.

Sweepstakes, Promotions and Community Activities:  

We may from time to time offer sweepstakes, promotions (including Incentive Programs), community activities, and other programs in which we may request Personal Information.  Your participation in any such sweepstakes, promotion, activity or program will be subject to the official rules of such sweepstakes or the terms and conditions of such promotion or activity, or any release that you may sign, and any additional related conditions that may be posted on this Site or other applicable web sites, or as otherwise provided.

Incentive Programs and Similar Promotions for Real Estate Professionals:

We may offer from time to time rewards programs and various other sweepstakes, promotions and incentive programs (“Incentive Programs”) specifically for real estate professionals, in which we request Personal Information, such as your name, address, e-mail address and phone number.  The participation of real estate professionals in an Incentive Program will be subject to the terms and conditions, or official rules, of such program, any release you may sign and any additional related conditions that may be posted on this Site or other applicable web sites, or as otherwise provided.

Retention and Protection of Personal Information:

Generally, we retain your Personal Information that we collect electronically on our server or in our archives for as long as we reasonably need it.  We may alter this practice according to legal and business requirements.  For example, we may shorten the retention period for certain Personal Information if needed to free up storage space, and we may lengthen the retention period for other Personal Information if needed to comply with privacy standards or applicable law. 

We establish and maintain certain practices to help protect the confidentiality, security and integrity of electronic Personal Information stored on our system.  Notwithstanding the foregoing, no computer system is completely secure, and while the measures we implement are intended to reduce the likelihood of security problems, there is no warranty or guarantee that our standard security measures will prevent access to your Personal Information.  Further, it is important to recognize that “perfect security” does not exist on the Internet. Therefore, while we endeavor to maintain appropriate physical and electronic procedures and safeguards to protect Personal Information, we cannot guarantee the confidentiality of any information that you disclose online and transmit to us, and you understand that you do so at your own risk.

How to Modify your Personal Information:

We make every effort to keep your Personal Information current and accurate.  Accordingly, we ask that you notify us of any changes to your Personal Information.  You may modify or update your Personal Information by sending an e-mail to our Customer Service Department at:_____________________.  Data management requests are administered in an orderly manner to the extent feasible and within our direct control. 

Other Limits to Your Privacy and Confidentiality:

We may disclose Personal Information in special cases when we have reason to believe that disclosing the Personal Information is necessary for us to protect or enforce our legal rights, or when we believe that the law requires it, and for administrative and other purposes we deem necessary to maintain, service and improve our products and services. 

We operate this Site (including without limitation its registration system) and provide our services in good faith, but on an AS-IS, AS-AVAILABLE basis.  ANY WARRANTIES OF ACCURACY, QUALITY, TITLE, FITNESS, MERCHANTABILITY OR NON-INFRINGEMENT ARE DISCLAIMED. WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR EVENTS BEYOND OUR DIRECT CONTROL. This Policy is governed by Maryland law, excluding conflicts of law principles.  Any provision of this Policy that is illegal or unenforceable shall be deemed automatically conformed to the minimum requirements of law.  Any legal actions against us must be commenced in the state or federal courts located in the Southern District of the State of New York within one year after the claim arose, or be forever barred. 

Children’s Privacy:

Protecting the privacy of the very young is especially important.  For that reason, we never collect or maintain information at our Site from those we actually know to be under the age of 13 years.  No part of our Site is structured to attract anyone under 13 years of age.  All Site users warrant that they are not subject to the verification requirements of the Children’s Online Privacy Protection Act (COPPA).

Consent and Revisions:

By using or accessing our services or this Site, by participating in the activities or programs outlined above, or similar activities or programs, or by providing Personal Information, you agree to this Policy.  This document supersedes any prior communication on this topic and reflects the entire and exclusive Policy.  We reserve the right to revise this Policy from time to time, and will post any revisions on this Site.  Additionally, if you provide an e-mail address as part of your registration, we may send an e-mail to such address to inform you of changes to this Policy.  Upon publication, the updated Policy will be deemed to replace the prior version of this Policy. We encourage you to review our Site regularly for changes.  If at any time, you do not agree with the terms in the updated Policy or if you want to be removed from our database, please let us know using the contact information below and we will remove your name and other Personal Information from the database

Your Questions and Comments:

If you have questions about this Policy or would like to be removed from our database, please send an e-mail to:________________, or contact us by mail at:________________________.

Notification of Changes in Privacy Policy or Use of Personal Information Collected:

This Policy may be updated and modified from time to time by us in our sole discretion.  If we decide to change our Policy or if we make any material changes in our privacy practices that affect user information already collected through our Site, we will post a notice of those changes on the Site. We will use Personal Information in accordance with the Policy under which the information was collected.  If you do not agree to any provision of this Policy, or any update or modification thereto, please do not use our Site.