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Delco Builders & Developers, Inc., and its affiliated
entities, ("Delco") proudly provide you (the
"User") with this website. The website consists
of the home page www.delcobuilders.com,
and all pages associated with this site (the "Content"),
including all text, graphics and logos. Delco provides
the User access for PERSONAL USE AND ENJOYMENT. Delco
strictly prohibits commercial use.
It is important that each time you visit the Delco
website, that you review these Terms and Conditions
and the Privacy Statement, as these terms are binding
and may change from time to time. If for any reason
you do not understand the terms or do not agree to be
bound by the terms and conditions, Delco unfortunately
cannot allow you to use this site. By accessing this
site, you agree to be bound by the Terms of Use and
the Privacy Statement. IF YOU DO NOT AGREE, PLEASE DO
NOT ACCESS THIS SITE OR ITS CONTENT.
The User acknowledges that Delco does not guarantee
any information contained in this website to be accurate
or guaranteed. The prices, terms, and specifications,
including approximate square footage, completion date,
lot sizes, amenities, features, information about available
school districts, and commuting information, are not
representations by Delco of any kind, and are not guaranteed
to be accurate. Although Delco endeavors to provide
the User with up to date information, inaccuracies may
and do exist, and Delco, to the extent permitted by
law, makes no representation whatsoever as to the authenticity
or genuiness of the Content. Photos, schematics, drawings
and other illustrations are conceptional only and may
vary substantially from the actual product. Variations
in the Content may also include, substantial changes
in the home design, floor plan, elevations, landscaping,
location, square footage and views. The final product
may also vary in materials, upgrades, and other amenities/options.
NOTHING IN THIS WEBSITE SHOULD BE RELIED UPON BY THE
USER IN DECIDING TO PURCHASE A HOME. ALL INFORMATION
MUST BE INDEPENDENTLY VERIFIED BY THE USER.
DISCLAIMER - PLEASE READ CAREFULLY:
THE TERMS OF USE CONTAINED HEREIN MAY BE MODIFIED BY
DELCO WITHOUT NOTICE TO THE USER. THE USER MUST READ
THESE TERMS OF USE EACH TIME IT VISITS THE WEBSITE.
BECAUSE THESE TERMS OF USE MAY CHANGE FROM TIME TO TIME,
DELCO CANNOT BE RESPONSIBLE IF THE USER DOES NOT READ
AND AGREE TO THESE TERMS OF USE EACH TIME THE USER ACCESSES
THIS WEBSITE.
IT IS EXPRESSLY UNDERSTOOD BY THE USER THAT THIS WEBSITE
IS PROVIDED TO THE USER AS A CONVENIENCE AND COURTESY,
AND ON AN "AS IS" "WHERE IS" AND
"AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED
BY LAW, DELCO DISCLAIMS ALL WARRANTIES WITH RESPECT
TO THE ACCURACY, GENUINESS, AUTHENTICITY OR RELIABILITY
OF THE CONTENT, AND DISCLAIMS ALL WARRANTIES WHETHER
EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO THE
WARRANTY FOR FITNESS OF INTENDED PURPOSE AND IMPLIED
WARRANTY OF MERCHANTABILITY. THE USER UNDERSTANDS AND
AGREES THAT THE USER ASSUMES ALL RISK AND RESPONSIBILITY
WHEN USING THIS WEBSITE.
UNDER NO CIRCUMSTANCES SHOULD THE USER CONSIDER THIS
WEBSITE AS A SOLICITATION, PROPOSAL OR OFFER TO SELL
OF ANY KIND. THE USER UNDERSTANDS AND AGREES THAT DELCO
WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO THE USER'S
COMPUTER, SOFTWARE OR HARDWARE AS A RESULT OF THE USER'S
ACCESS TO THIS WEBSITE. DELCO DOES NOT GUARANTEE THAT
THIS WEBSITE WILL BE FREE OF ERRORS, VIRUSES OR OTHER
HARMFUL ELEMENTS THAT MAY CAUSE DAMAGE TO THE USER'S
COMPUTER.
TO THE EXTENT PERMITTED BY LAW, USER EXPRESSLY AGREES
TO DEFEND, INDEMNIFY AND HOLD DELCO HARMLESS, AND ITS
AFFILIATED ENTITIES, FROM AND AGAINST ALL CLAIMS, DEMANDS
AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT
OF OR IN ANY WAY RELATED TO THE USE OR MISUSE OF THIS
WEBSITE BY USER. THE USER UNDERSTANDS THAT DELCO SHALL
NOT BE RESPONSIBLE FOR ANY CLAIMS, DEMANDS, ACTIONS
OR LIABILITIES WHATSOEVER ARISING OUT OF THE USER'S
USE OF THE WEBSITE. TO THE EXTENT PERMITTED BY LAW,
DELCO SHALL NOT BE RESPONSIBLE FOR ACTUAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF, OR RELIANCE ON, THIS
WEBSITE BY USER. THE USER'S EXCLUSIVE REMEDY SHALL BE,
TO THE EXTENT PERMITTED BY LAW, THE ACTUAL ACCESS FEE
PAID BY USER TO DELCO, IF ANY, FOR THE PRIVILEGE OF
USING THIS WEBSITE AND ITS FEATURES.
Delco is an equal opportunity employer and does not
practice discrimination against potential home buyers
based on race, color, religion sex, handicap, familial
status or national origin.
The information contained in this website should not
be construed by the User as an offer, inducement, solicitation,
or attempt to encourage a person to acquire a lot in
a subdivision, or offer to sell or lease, or advertisement
for sale or lease, of any portion of a common promotional
plan or subdivision as defined in 15 USC ' 1701 et.seq.
Information about new communities and completed projects
are provided for informational purposes only. Statements
in the website about future projections (including statements
for future project plans, management, future site locations
and/or communities) are subject to uncertainties, and
Delco's decision whether to pursue these future projections
are at its sole discretion. Therefore, the User shall
not rely upon any information about future projections
contained in this website in deciding whether to purchase,
or forego purchasing, a home. Financial considerations,
unforeseen conditions, changes in planning, company
performance, business risks and economic constraints
can all lead to changes in future projections. To the
extent permitted by law, Delco disclaims all liability
based on any reliance by the User on future projections
contained in this website, and Delco disclaims any intent
or obligation to update this website to reflect current
projections and information.
Delco does not authorize others to link to this site
without the expressed permission of Delco. Delco reserves
the absolute right to permit, limit, or prohibit others
from linking to its site, or any of the associated web
pages in its sole discretion. Deep-linking is strictly
prohibited. Any authorized linking (with Delco's consent)
must be linked to Delco's home page at www.delcobuilders.com
and not to any of the associated web pages.
Delco is concerned about the privacy of those who access
this website. After reading these Terms of Use, please
be sure to read the Privacy Notice. You may access the
Privacy Notice directly by clicking here: www.delcobuilders.com/site/privacy.asp.
Delco reserves all rights to its copyrighted material,
whether or not registered, as an original copyrighted
work. The information contained in this website is not
public domain, but rather, the intellectual property
of Delco and must not be used for commercial use. As
a courtesy, Delco grants the User a non-exclusive, non-transferable
and revocable limited license to access, view, print
and download the website Content for Personal Use Only.
Delco does not authorize the User to display or use
the Delco logo or any of the graphical depictions contained
in the website without the express prior written consent
of Delco. All rights are reserved.
Delco retains full ownership of its trademarks, service
marks and all other intellectual property contained
in the website. Use of these marks for any purpose is
strictly prohibited absent the express written consent
of Delco.
Delco does not intend to display the intellectual property
of others on its website. Delco will remove all Content
that may be considered infringing on the intellectual
property of others. If you have information regarding
infringing Content on this website, please give notice
of the infringing material to the Copyright/Trademark
Agent by sending an email to: rick@delcobuilders.com.
This notice must include the following information:
(i) A description of the protected information you
claim has been infringed,
(ii) The location of the information on the website,
(iii) Your name, address, email address and telephone
number, and
(iv) A statement that you are the owner of the protected
information purported infringed upon.
Delco will take prompt action to remove the infringing
material on adequate notice. This clause is intended
to provide a procedure for the removal of infringing
material pursuant to Title 17, United States Code, Section
512(c)(2).
From time to time, Delco may display advertisements
on the website of non-affiliated businesses. Delco does
not pre-screen these advertisers or the website pages
linked thereto. If the User chooses to access these
sites or engage in business dealings with companies
that advertise on this website, the User agrees to do
so at its own risk and, to the extent permitted by law,
shall not hold Delco responsible for any actual or consequential
damage that may arise therefrom.
These Terms of Use and the Privacy Statement shall
be governed under the laws of the State of California,
and any claim, demand, or cause of action shall be venued
and subject to the jurisdiction of the State of California,
County of Contra Costa. Delco does not authorize any
User to access this website outside the State of California.
To the extent permitted by law, the User agrees to be
solely responsible for complying with all laws, ordinances
and regulations associated with this website.
Under no circumstances should the User consider this
website as professional or legal advice of any kind.
The User is directed to consult with an accountant,
tax advisor, attorney and/or real estate professional
before deciding to purchase a Delco home.
Should any part, term, provision or portion of these
Terms of Use or the Privacy Statement
be determined by a Court to be illegal or in conflict
with any law of the State of California, or otherwise
rendered unenforceable, the validity of the remaining
parts, terms, portions or provisions shall be deemed
severable and shall not be affected thereby. Clauses
in the Terms of Use and Privacy Statement are void where
prohibited by law.
A printed version of these Terms of Use and Privacy
Statement shall be admissible as the writing itself
and deemed preserved as a business record maintained
in the regular course of business. [California Evidence
Code ' 1550 et. seq.].
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