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Mark IV
Enterprises
Terms Of Use Policy
PLEASE READ THE FOLLOWING PRIVACY POLICY CAREFULLY
BEFORE ACCESSING ANY PART OF THE WEBSITE
1. General Terms and Conditions. The
following terms and conditions (Terms of Use) govern
your use of this website and the materials
accessible on or from this website (collectively,
the Website). Please read them carefully before
accessing any part of the Website. Your access of
the Website constitutes your agreement with and
acknowledgement of these Terms of Use. If you do not
agree with these Terms of Use, please do not access
the Website.
2. Effective Date and Updates. These Terms of Use
are effective at 6:00 p.m. on August 20, 2007. Mark
IV Enterprises reserves the right to make changes to
these Terms of Use from time to time, and will post
any revised Terms of Use on this page. Mark IV
Enterprises will not notify its Website visitors or
customers of any such changes by e-mail or other
personal contact. You are responsible for reviewing
these Terms of Use from time to time to ensure
compliance.
3. Equal Housing Opportunity. All real estate
information provided on this Website is subject to
the Federal Fair Housing Act and state or other
local regulation. The Fair Housing Act makes it
illegal to advertise any preference, limitation or
discrimination based on race, color, religion, sex,
handicap, family status or national origin or an
intention to make any such preference limitation, or
discrimination. Laws and regulations in some of the
states in which we operate add prohibitions against
discrimination based on such things as age, parental
status, sexual orientation, political ideology, and
financial status. Mark IV Enterprises is committed
to complying with these policies for the achievement
of equal housing opportunity throughout the nation.
Mark IV Enterprises encourages and supports an
affirmative advertising and marketing program in
which there are no barriers and makes all residences
available on an equal opportunity basis.
4. No Representations and Warranties. Neither Mark
IV Enterprises, its subsidiaries, nor any of its
other affiliates (collectively, the Company) makes
any representation or warranty of any kind with
respect to the materials and information contained
on the Website. Your use of the Website is at your
own risk. Although the Company attempts to provide
accurate information, the Website is intended to be
for general reference and informational purposes
only. The Company assumes no responsibility for
errors or omissions in the content of the Website,
and makes no commitment to update such information.
Your sole and exclusive remedy for issues relating
to the use of, or the material on, the Website shall
be to discontinue accessing the Website and using
the information or material obtained. You and the
Company agree that the Company shall not be liable
for any damages relating to your use of, or reliance
upon, the Website or any of its content. When
utilizing the Website please keep the following in
mind:
Product information may be incomplete. In the
interest of continuous improvement, the Company
reserves the right to modify or change floorplans,
materials and features without prior notice or
obligation. Such changes may not always be reflected
in the Website or our models. Applicable fees and
charges may not be disclosed on the Website. For
example, there may be homeowner associations
supported by residents maintaining common areas and
facilities for a monthly fee. Our projects may also
be included in community facilities, landscape
maintenance and similar assessment districts which
may be financially supported by residents. Ask your
sales representative for details. 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. The Company 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 built. Square
footage numbers are approximate and may vary
depending on the standard measurement used. The
Company cannot control future development or
guarantee the preservation of any view or the
natural environment surrounding its communities. The
Company 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. Promotional programs are typically
available only on select lots at select communities,
and typically are not available in conjunction with
other offers. Any photographs or renderings of
people in these materials do not depict racial
preference. Please consult a sales representative
for specific price or other information for each
community.
The Company Undertakes No Duty to Keep the Website
Updated. Product and other information, including
availability is subject to change at any time. The
Website may contain inaccurate, incomplete, or
out-of-date information. Prices may increase or
decrease at any time. Postings to the Website are
made at such times as determined by the Company in
its discretion. Users of the Website should not
assume that the information contained on the Website
has been updated or otherwise contains current
information. The Company does not review past
postings to determine whether they remain accurate,
and information contained in such postings may have
been superseded.
5. No Offer To Sell. No information or material on
this Website is to be construed to be an offer or
solicitation for sale. All homes about which
information is provided herein are subject to prior
sale. You must visit a Company sales office to
purchase a home. The information on this Website is
provided for informational purposes only.
6. Forward-Looking Statements. Certain statements
and information on this Website and in the Company's
press releases, filings with the Securities and
Exchange Commission and other reports are
"forward-looking statements" as defined in the
Private Securities Litigation Reform Act of 1995.
Such statements involve known and unknown risks,
uncertainties and other factors that may cause
actual results to differ materially from the
expectations expressed herein or in such press
releases, SEC filings or other reports. Such factors
include, but are not limited to, changes in general
economic conditions, the availability and cost of
land suitable for residential development, the
availability and cost of materials and labor,
interest rates, consumer confidence, weather
conditions, competition, environmental matters,
governmental regulation and other factors as may be
noted from time to time in the Company's SEC
filings.
7. No Tax, Investment or Legal Advice. The content
and information presented on the Website is for
informational and promotional purposes only and is
not intended to offer specific tax, investment or
legal advice of any kind. References to tax and
other laws are intended to convey the gist of
general rules only and do not describe the various
exceptions, limitations and rules for special
situations that frequently accompany such general
rules.
ALL USERS ARE EXPRESSLY ADVISED TO CONSULT WITH
THEIR OWN TAX, INVESTMENT AND/OR LEGAL PROFESSIONALS
BEFORE MAKING ANY PURCHASE OR INVESTMENT DECISIONS.
BY USING THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR
MATERIAL PRESENTED ON THE WEBSITE TO MAKE ANY
INVESTMENT OR PURCHASE DECISION.
8. Release, Disclaimer and Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU
HEREBY WAIVE, DISCLAIM AND RELEASE Mark IV
Enterprises, ITS SUBSIDIARIES AND AFFILIATES, AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF
ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS
FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR
CLAIMS FOR INTEREST, EVEN IF THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR
ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO
(OR INABILITY TO ACCESS) THE WEBSITE OR THE USE OF
ANY INFORMATION OR MATERIAL CONTAINED THEREIN.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE
WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT.
9. Links to Other Sites. While on the Website, you
may be referred to websites other than the Companys
Website. A link from the Website to such a third
party website does not imply endorsement of that
site nor any ability to control that site's privacy
practices. The Company has not reviewed or endorsed
any third party website, and you hereby acknowledge
and agree that the Company shall not be responsible
for the content, products or services offered on
such websites. Be aware that third party websites
may collect data and personal information and
operate according to their own privacy practices.
Therefore, you should carefully review the privacy
policies of third party websites before submitting
any personal information to them. You are
responsible for compliance with all laws regarding
material obtained from any third party websites.
10. Intellectual Property. The information on the
Website including, without limitation, all design,
text, images, photographs, press releases, and other
information, are protected under United States and
other copyright laws and are owned by the Company
and/or used under license from the copyright owner.
The information may not, except under written
license, be copied, reproduced, transmitted,
displayed, performed, distributed, rented,
sublicensed, altered, stored for subsequent use or
otherwise used in whole or in part in any manner
without the Company's prior written consent, except
to the extent that such use is authorized under the
United States and other relevant copyright laws. The
Company's trademarks, logos, images, and service
marks used on the Website are the property of the
Company and may not be used without the prior
written consent of the Company and without proper
acknowledgment. All other trademarks and/or logos
are the property of their respective owners.
11. Children. To respect the privacy of children and
to comply with the Children's Online Privacy
Protection Act, we do not knowingly provide products
or services to children under the age of 13. The
Website is a general audience site that is not
designed nor intended to collect personal
information from children under the age of 13. If
you are under 13 years old, you should not request
any information nor provide any Personal Information
to the Website.
12. Governing Law. The internal laws of the State of
New York, without reference to any choice of law
provisions, shall govern any claims relating to the
materials on the Website.
13. Severability. If any term of this Agreement is
declared unlawful, void or for any reason
unenforceable by any court in any jurisdiction, then
such term will be deemed severable from the
remaining terms in such jurisdiction and will not
affect the validity and enforceability of such
remaining terms.
Mark IV Enterprises, 301 Exchange Boulevard Suite
200, Rochester, New York, 14608
(585) 232-1760
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