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Website Terms of Use

Welcome to the website of Benchmark Communities. The website ("Site") is designed to inform you and familiarize you with the homes and communities of Benchmark Communities. You cannot purchase a home through the Internet or make a contract to buy or finance a home. To learn more about the homes and communities described in this Site, please contact the Sales Department.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. When you are viewing a page of this Site, you agree to the following terms and conditions (the "Terms of Use"). You can always view the most current version of these Terms of Use on this page and Benchmark Communities reserves the right, at its discretion and without notice, to change, modify, add or remove portions of these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

General Terms and Conditions

The following Terms of Use apply to all use of this Site by its users ("Users"). By accessing or using the Site, each User agrees to be bound by the Terms of Use. Benchmark Communities provides the information, services, text, graphics, links or other material (the "Content") on this Site to the User, conditioned on the User's acceptance, without modification, of the Terms of Use.

The Content offered on this Site is provided with the understanding that neither Benchmark Communities, nor any of its affiliated entities, is engaged in rendering legal or other professional services or advice. This Site is intended for use by persons who are age 18 or older. Persons under age 18 should not use or submit any information to this Site. The use of the Site is subject to the additional disclaimers, caveats, and notices that may appear throughout the Site.

Disclaimer

Benchmark Communities, its affiliated companies, and its 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 Site, or any websites accessible through this Site. While Benchmark Communities aims to keep the content on this Site updated, accurate, and complete, Benchmark Communities, its agents, and affiliated companies will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of Content of this Site. Benchmark Communities reserves the right, without notice, to suspend or terminate operation of, or your access to, this Site.

As mentioned above, the Content on this Site is provided to provide Users with information about the homes and communities of Benchmark Communities. It is not intended to constitute a solicitation or an offer. All homes about which the Site provides information are subject to prior sale. Prospective purchasers must visit a Benchmark Communities Sales Center to purchase a home.

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS," "WHERE IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BENCHMARK COMMUNITIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BENCHMARK COMMUNITIES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BENCHMARK COMMUNITIES SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BENCHMARK COMMUNITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

User Content

From time to time on certain areas of this Site you may be able to submit certain information and materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Benchmark Communities; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Benchmark Communities, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in the Site or features therein. Benchmark Communities may delete all User Content associated with you at any time, and without notice, if Benchmark Communities deems that you have violated these terms, the law, or for any other reason. Benchmark Communities assumes no liability for any information removed from the Site, and reserves the right to permanently restrict access to the Site.

Indemnification

You agree to indemnify and hold Benchmark Communities, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms of Use, or which arise from the use of User Content you submitted, posted, or otherwise provided to Benchmark Communities or this Site.

Equal Housing Opportunity

Material on this Site may be subject to the United States Federal Fair Housing Act of 1968, as amended, which makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin or an intention to make any such preference, limitation or discrimination.” Benchmark Communities is an equal opportunity builder, and encourages and supports affirmative advertising and marketing programs in which there are no barriers to home ownership based on such classes. All homes advertised by Benchmark Communities are available on an equal opportunity basis.

Pricing

Although every effort has been made to ensure that the prices and terms contained on the Site are accurate and current, at any time prices are subject to change prior to sale based on such things as selected lot premiums and/or predetermined options. Prices shown refer to the base house and do not include any optional features.

All special offers, incentives and seller contributions (“offers”) are subject to certain terms, conditions and restrictions, which may include the use of designated lenders and closing agents. Certain offers could affect the loan amount. Offers are good for a limited time only and Benchmark Communities and its affiliates reserve the right to change or withdraw any offer at any time, without notice. Values on offers are approximate. Offers are void where prohibited by law.

Benchmark Communities reserves the right to modify, add, alter, and eliminate features, options and design elements without notice or obligation. Prices are subject to change without notice or obligation. Not all features and options are available at all neighborhoods, some optional items have additional costs associated with them and may not be available in each neighborhood. Contact us at (408) 323-9003 with your questions.

Communities

The description of communities and amenities contained on the Site represent the current plans for those communities and are not guaranteed, and may change without notice. Benchmark Communities cannot control future development and does not guarantee the preservation of any view or the natural environment surrounding its communities.

Floor Plans

The plans and elevations featured on the Site are artist renderings and may contain options that are not standard on all models. We reserve the right to make changes to floor plans, dimensions, and available options without prior notice. The dimensions and square footages provided are approximations and should not be used as representative of the home's actual size.

Substitutions

The specific features of a home may vary from home to home and from one another. Benchmark Communities reserves the right to substitute equipment, materials, appliances and brand names with items of equal or higher, in our sole opinion, value. Color and size variations may occur.

Links To and From This Site

Benchmark Communities does not have and shall not be liable for the accuracy or availability of information provided by websites which are linked to the Site, and the Terms of Use stated here do not apply to such websites. Links to external websites are provided as a convenience to Users and do not constitute a warranty or endorsement by Benchmark Communities of such websites or the conduct, products, advertising, or other materials presented on such websites, including any changes or updates thereto. Each such website may collect information about you and your usage of the website. The use of such websites is at your own risk.

Copyright, Trademarks and Service Marks, if applicable. The Site and all materials contained in the Site, including but not limited to graphics, pictures, images, home designs and elevations, are copyrighted as a collective work under the United States and other copyright laws, and is the property of Benchmark Communities and/or its affiliates. The materials contained on the Site may not be distributed, modified or reproduced without the prior written permission of Benchmark Communities.

These are some of the trademarks and service marks that belong to Benchmark Communities or its affiliates. A number of these marks are registered with the United States Patent and Trademark Office. Benchmark Communities also has trademark rights to other marks that may not be listed here, registered and unregistered, including its logos and designs. YOU MAY NOT USE THESE MARKS WITHOUT OUR EXPRESS WRITTEN PERMISSION.

You agree that if you violate any prohibition in this section, you may be subject to all legal remedies available at law. You will also be responsible for any other losses, attorneys’ fees or costs Benchmark Communities and its affiliates may incur due to such violation.

Intellectual Property

Benchmark Communities maintains this Site as a convenience to Users and its use is a privilege to the User. Access and use of this Site is subject to these Terms of Use and to all applicable laws regulating the internet and those relating to the use of information. The use of this Site is also subject to all applicable laws involving copyrighted materials and intellectual property.

Privacy Policy

In an effort to protect your privacy, we provide this notice explaining our online information practices. This privacy statement discloses the privacy practices of www.benchmarkcommunities.com and all of its related companies (collectively, “Benchmark”).

Benchmark strives to promote the use of fair information practices and is making our privacy policy available to you in order to demonstrate our commitment to the privacy of our customers.

We make every effort to carefully select how we use your information with our related companies and third party vendors. When your information is provided to us, we will give you the opportunity at that time to decline the sharing of your information with other parties.

Any communication or material you provide to us, whether received online, electronically, in person or otherwise collected by or submitted to us, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and non-proprietary. Anything you submit, transmit or post becomes the property of Benchmark and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, market research, development of mailing lists or other contact lists, project planning, broadcast, posting and marketing/promotion, as permitted by law. We do not sell or make your information available to marketing agencies or outside parties unless we advise you in advance and provide you the opportunity to decline such use.

We may also use information transmitted to us through this website to send you electronic and other messages regarding a property in one of our communities, or an offering from one of our subsidiaries. Your use of our website constitutes your permission to do so. We comply with the Federal CAN-SPAM Act, and make every effort to ensure that our messages are not considered Spam. You may unsubscribe and/or opt-out from any messages we send at any time by notifying Benchmark or our business partners as instructed in this message, and you will not receive further electronic messages from us.

Information transmitted over the Internet may find its way to recipients to whom it is not intended or persons you may not desire to have such information. Under certain circumstances, this may be beyond the control of Benchmark, and you are advised that such transmission may not be secure. However, Benchmark complies with applicable federal and state law regarding the safeguarding of your personal information, and we employ reasonable safeguards to protect the security, confidentiality, and integrity of your information, as required by law.

Categories of Information We Collect
We may request and collect, without limitation, your name, address, email address, home telephone number, work telephone number, fax number and cell phone number. From time to time, we may also request and collect other electronic contact information such as your user name.

We may request and collect, without limitation, information about the home you are purchasing or contemplating purchasing, including the community, mailing address, and anticipated closing date.

When you make inquiries concerning career opportunities, we will request a copy of your resume, your level of education and information about the type of job you are seeking.

When you make inquiries concerning your current Benchmark home, we will also request the identity of the community where your home is located.

If you are a real estate agent seeking information on our communities, a party interested in conducting business with Benchmark or if you contact us with land you have for sale, we will request your contact information.

If you wish to contact our webmaster, we will request your contact information.

We collect user browsing behavior, including but not limited to, information about your computer, the type of browser used and your IP address. We may collect such information or vendors we hire may collect this information. We also may collect this information using tracking tools such as cookies and web beacons, as further specified in this message below.

Additionally, we may collect nonpublic personal information about you from the following sources:

  • Information we receive from you on applications or other forms, such as your name, address, social security number, assets, and income;

  • Information we receive from a consumer reporting agency, such as your creditworthiness and credit history; and

  • Information about your transactions with us, our affiliates, or others, such as your payment history, the status of a loan application submitted to an affiliate, and parties to a transaction.

Categories of Information We Disclose
We may use, share, or disclose all of the information that we collect from you as a current or former customer as described above.

Parties to Whom We Disclose
We may disclose nonpublic personal information about you to the following types of select third parties:

  • Financial service providers, such as mortgage bankers, lenders, insurance agents, credit card issuers, finance companies and banks;

  • Non-financial companies, such as retailers and direct marketers;

  • Companies that provide marketing services on our behalf or to financial institutions with whom we have joint marketing agreements;

  • Other service providers such as tax vendors, print vendors and software programmers.

  • Benchmark subsidiaries and affiliates to provide you with offers that we believe may be of interest to you;

  • We may share your contact information and new home information with third parties who assist Benchmark in offering products or services to you;

  • We may share your contact information and new home information with carefully selected third parties that agree with Benchmark to offer products or services to users of the website.

  • In the event that all or part of our company transfers ownership, we may share information with actual or potential buyers of our company, including the new owner. We may also transfer all or part of our customer lists as part of an asset sale.

Information Sharing with Non-Affiliated Companies
We may disclose nonpublic personal information about you to nonaffiliated third parties as permitted by law. We may also share your nonpublic personal information with nonaffiliated companies pursuant to consents that you provide and for our everyday business purposes, such as to process transactions, maintain accounts, respond to court orders and legal investigations, or report to credit bureaus. If you prefer that we not disclose nonpublic personal information about you, as described above, to nonaffiliated third parties, you may opt out of those disclosures (i.e. you may direct us not to make those disclosures, other than disclosures permitted by law). If you wish to opt out of disclosures to nonaffiliated third parties, you may contact us on our website as described above.

Confidentiality and Security of Information
We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain reasonable security measures to protect our websites and your information. No site is 100% secure, however. You should be cautious when using the Internet, especially if you are submitting personal information online.

Cookies and Other Tracking Devices
We may use cookies and other tracking devices on our websites. Using cookies on our sites provides benefits to you, such as allowing you to maintain your account login information between visits. The use of cookies also allows us to measure site activity to provide a better user experience. Cookies and other tracking devices may be used to tell us the time and length of your visit, the pages you look at on our site, the site you visited just before coming to ours, and the name of your Internet service provider. We may use third parties to serve our advertisements on other websites. In serving our advertisements, these companies may use cookies and other tracking devices to collect certain information about your visits to other websites (such as browser type, IP address, which page was visited, and time of day). This information may be used to evaluate our online advertising campaigns or to tailor promotions and other marketing messages to you. You may elect to refuse cookies. We never link cookies to personally identifiable information. Please refer to your browser Help instructions to learn more about cookies and how to manage their use.

Children’s Privacy
We do not knowingly collect information from children under 18 years of age. We do not target or direct our website to children. Parents and guardians, please visit the Federal Trade Commission’s (FTC) website for more information regarding how to protect your child online.

Former Customers
Our privacy policy for sharing nonpublic personal information about former customers is the same as our policy for current customers.

Links
This website may contain links to third party sites. We do not control these sites and we are not responsible for their content or privacy practices. Any information you reveal on third party sites is not subject to this policy. You should consult the privacy policies of each website visited.

Contacting Us
If you have any questions related to this policy, You can contact us by email at holly@benchmarkcommunities.com, by phone at (408) 207-9499 or in writing to Benchmark Communities, 99 Almaden Blvd. Suite 400, San Jose, CA 95113.

Updates to this Policy
This policy might change over time. The most recent version of this policy will be posted here.

Effective Date
This privacy policy is effective as of March 1, 2014.

MISCELLANEOUS

These Terms of Use operate to the fullest extent permissible by law. Accessing materials on this Site by certain persons in certain countries may not be lawful, and Benchmark Communities makes no representation that materials on this Site are appropriate or available for use in all jurisdictions. If you choose to access this Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. This Site may have visitors from various states in the United States and other countries. It may contain references or cross-references to programs and services that are not available in your jurisdiction. These references do not mean that Benchmark Communities will make such products, programs or services available to residents in your state.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

The use of this Site will be governed in all respects by the laws of the state of California. Any cause of action or claim made by you with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Benchmark Communities’ failure to insist upon or enforce strict performance of any provision of these Terms of Use 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 of Use. Benchmark Communities may assign its rights and duties under the Terms of Use to any party at any time without notice.