The Grove Healdsburg Website Terms and Conditions

1. Agreement. This agreement governs your use of The Grove Healdsburg’s website (the "Site). Additional terms and conditions that apply to specific areas of the Site may also be posted in such areas. By using the Site, you agree to comply with and be bound by this Agreement.
2. Acceptance of Agreement. The Grove Healdsburg reserves the right to change or
   modify all or part of this Agreement at any time, effective immediately upon notice
   published on the Site. Your continued use of the Site constitutes your binding
   acceptance of these terms and conditions, including any changes or modifications
   made by The Grove Healdsburg as permitted above. You should cease using the Site
   immediately if at any time the terms and conditions of this Agreement become
   unacceptable to you.
3. Ownership. The Grove Healdsburg owns or has license rights to all content, materials,
   documents, graphics, renditions, floor plans, and other items on the Site (collectively
   "Content"). You have no ownership interest in the Content, but The Grove Healdsburg
   grants you limited license to view and use Content as described in Section 4
   ("License"). The Content is protected under applicable copyright, trademark, trade
   secret, and other intellectual property laws in the United States and around the world.
   You have no other right to view, use, copy, perform, display, or modify the Content
   except as described in Section 4. The Grove Healdsburg may modify, add to, or delete
   any Content at any time, without notice to, or permission from you or any third party.
4. License. Subject to the terms and conditions of this Agreement, The Grove Healdsburg grants you a limited, revocable, non-exclusive, non-transferable and non-sub- licensable license to view and use the Site and the Content for your own non-
   commercial purposes and not for republication, distribution, assignment, sublicense,
   sale, preparation of derivative works or other use. You may not republish, "mirror,"
   "frame," transfer, deep link into, link to, or otherwise make available to third parties the
   Site or the Content except with the prior written consent of The Grove Healdsburg.
5. Copyright. The Content, organization, graphics, design compilation, magnetic
   translation, digital conversion and other matters related to the Site are protected under
   applicable copyrights, trademarks and other proprietary (including but not limited to
   intellectual property) rights. The copying, redistribution, use or publication by you of
   any such matters or any part of the Site, except as allowed below, is strictly prohibited.
   You do not acquire ownership rights to any Content, document or other materials
   viewed through the Site. The posting of information or materials on the Site does not
   constitute a waiver of any right in such information and materials.
6. Trademarks. The Grove Healdsburg name, and the The Grove Healdsburg logo are
   either trademarks/service marks or registered trademarks/service marks of The Grove Healdsburg. Other product and company names mentioned in the Site may be
   trademarks or service marks of their respective owners.
7. General Disclaimers. You expressly understand and agree that:
   • (a) No offer to sell. The information or material on the Site is not an offer or solicitation
     for sale and should not be construed as such. You must contact a The Grove
     Healdsburg Sales Team member to purchase a home.
   • (b) Modifications and changes. All prices, fees, features, floor plans, specifications,
     materials, and other aspects of developments identified on the Site are subject to
     change at The Grove Healdsburg's sole discretion and without prior notice. Such
     changes may not be reflected on the Site or at The Grove Healdsburg’s physical
     location or Sales Office. Illustrations and renditions are artists' depictions only and may differ from completed improvements. All measurements in floor plans and
     specifications are approximate.
   • (c) No duty to update. It is the nature of homebuilding and real estate development that changes are made regarding the individual homes and communities offered for sale. The Grove Healdsburg makes an effort to provide accurate information on the Site. However, The Grove Healdsburg cannot ensure that the information on this Site is always updated or is completely accurate. The Grove Healdsburg has no duty to
     update the information on the Site.
   • (d) Prior sales. All homes that are identified on the Site are subject to prior sale, so you must contact The Grove Healdsburg’s Sales Team member to get updated availability on The Grove Healdsburg’s homes.
8. Warranty Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
   • (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE GROVE HEALDSBURG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
     INFRINGEMENT.
   • (b) THE GROVE HEALDSBURG MAKES NO WARRANTY EITHER THAT: (i) THE
     SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE
     UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE INFORMATION ON THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
   • (c) NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE IS
     INTENDED TO CONSTITUTE OR CREATE A WARRANTY.
9. Limitation of Liability. THE GROVE HEALDSBURG HAS NO LIABILITY
   WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, ANY INFORMATION
   OR SERVICES ON THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION
   THEREOF, THE GROVE HEALDSBURG IS NOT LIABLE FOR ANY DIRECT,
   INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING
   DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
   LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
   TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
   IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF
   DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF
   THE BARGAIN BETWEEN THE GROVE HEALDSBURG AND YOU. THIS SITE AND
   THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
10. Links to Other Web Sites. The Site may contain links to other websites. The Grove
    Healdsburg is not responsible for the content, accuracy or opinions expressed in such
    websites, and such websites are not investigated, monitored or checked for accuracy
    or completeness by The Grove Healdsburg. Inclusion of any linked website on the Site
    does not imply approval or endorsement of the linked website by The Grove
    Healdsburg. The Grove Healdsburg also makes no representations about the personal
    identification information or other data collection policies or practices of any linked
    websites. If you decide to leave the Site and access these third-party websites, you do
    so at your own risk.
11. Privacy. The Privacy Policy, which is incorporated herein and subject to this
    Agreement, shall govern the collection practices and use of any information collected
    by The Grove Healdsburg on the Site.
12. Equal Housing Opportunity. The real estate information provided on the Site is subject to the Federal Fair Housing Act ("Act"). The Act 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." The depiction of any individuals shown on the Site is not intended to and does not reflect any racial preference. The Grove Healdsburg complies with the Act and makes all its residences available on an equal opportunity basis.
13. Miscellaneous. This Agreement shall be governed in all respects by the laws of the
    State of California, without regard to conflicts of law principles, and the parties
    irrevocably consent to bring any action to enforce this Agreement or arising out of this
    Site in the state and federal courts located in or serving Sonoma County, California.
    The Grove Healdsburg does not guarantee continuous, uninterrupted or secure access to the Site or services, and operation of the Site may be interfered with by numerous factors outside of The Grove Healdsburg's control. You shall comply with all applicable laws, statutes, ordinances, and regulations affecting your use of the Site. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Grove Healdsburg's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between The Grove Healdsburg and you with respect to the subject matter hereof.