Terms of Use

1. Scope and Application

These Website Terms of Use (“Terms”) govern access to and use of the website located at www.dividendhomes.com, together with any related webpages, mobile-optimized pages, landing pages, microsites, community-specific sites, branded sites, portals, digital features, and other online services that are owned, operated, sponsored, or controlled by Dividend Homes, Inc., its affiliates, or any of their respective brands, communities, projects, or programs and that link to or reference these Terms (collectively, the “Site”).

For clarity, these Terms are intended to apply not only to the Company’s principal corporate website, but also to any separate website created for a particular residential community, development, neighborhood, project, product line, campaign, or brand operated by or on behalf of the Company or its affiliates, unless a separate set of terms expressly governs that specific site.

By accessing or using the Site, you agree to these Terms. If you do not agree, you should not access or use the Site.

These Terms are intended to govern use of the Site itself and are not intended to amend, replace, or modify any separate written agreement you may have with the Company or any affiliate, including any purchase agreement, reservation agreement, warranty document, financing-related document, service agreement, or other transaction-specific agreement, except to the extent such separate agreement expressly provides otherwise.

2. About the Site

The Site is provided for general informational purposes regarding the Company, its business, its residences, communities, neighborhoods, design philosophy, craftsmanship standards, development approach, related services, and related business activities. The Site may include descriptions of the Company’s brand, values, vision, design objectives, construction approach, community planning philosophy, and customer experience goals. Such descriptions are intended to provide general information about the Company and its projects, but are not intended to constitute guarantees, warranties, contractual commitments, or representations regarding any specific residence, community, feature, amenity, performance standard, construction method, energy efficiency level, future value, future enjoyment, or other outcome.

The Site is not intended to provide legal, tax, financial, lending, investment, engineering, architectural, construction, or other professional advice, and no information on the Site should be relied upon as a substitute for advice from qualified professionals.

Information regarding communities, residences, floorplans, pricing, features, specifications, finishes, materials, technologies, energy-related features, availability, estimated completion dates, incentives, amenities, and related matters is subject to change without notice and may vary by location, project phase, site conditions, availability, applicable law, design revisions, and contract terms.

3. Acceptable Use

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

use the Site in any manner that violates any applicable law, regulation, or third-party right;
use the Site in any manner that could disable, overburden, damage, impair, or interfere with the Site or with any other person’s use of the Site;
attempt to gain unauthorized access to any part of the Site, any server, database, account, or other system connected to the Site;
use any robot, spider, scraper, crawler, data mining tool, or other automated means to access, monitor, copy, extract, index, or otherwise collect content or information from the Site without the Company’s prior written consent;
introduce any virus, malware, Trojan horse, worm, logic bomb, or other malicious or technologically harmful material;
probe, scan, test, or attempt to circumvent the security or vulnerability of the Site or any related network or system;
use the Site to transmit unsolicited promotional materials, spam, chain letters, or other unauthorized communications;
impersonate any person or entity or misrepresent your affiliation with any person or entity;
frame or mirror any portion of the Site, or otherwise create the impression that the Site or its content belongs to or is endorsed by any person other than the Company; or
use the Site in a manner that infringes the intellectual property, privacy, publicity, or other rights of the Company or any third party.

4. No User Accounts or User-Generated Content

The Site does not provide user accounts, user profiles, public postings, interactive forums, or other user-generated content functionality. Any information you submit through the Site, including through any contact, subscription, or newsletter sign-up form, must be accurate, current, and lawfully provided.

5. Ownership of Site and Content

The Site and all content, features, functionality, software, text, graphics, photographs, images, video, audio, renderings, plans, floorplans, site plans, layouts, designs, specifications, logos, icons, trade dress, look and feel, compilations, and other materials made available through the Site, together with the selection, arrangement, and overall presentation of those materials, are owned by the Company, its affiliates, licensors, or content providers and are protected by copyright, trademark, and other intellectual property and proprietary rights laws.

This protection extends to the Company’s corporate name, trade names, community names, development names, neighborhood names, residence model names, slogans, logos, design marks, and other brand identifiers, whether used on the principal Site or on any separate community-specific, campaign-specific, or branded website operated by or for the Company or its affiliates.

Subject to these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for your personal, non-commercial use. No right, title, or interest in or to the Site or any content is transferred to you except for that limited license.

If you print, copy, download, modify, or otherwise use any portion of the Site in breach of these Terms, your right to use the Site will cease immediately and, at the Company’s option, you must return, delete, or destroy any copies of the materials you have made. All rights not expressly granted in these Terms are reserved by the Company and its applicable affiliates, licensors, and content providers.

6. Copyright Notice

Certain names, logos, renderings, photographs, community materials, and other content appearing on the Site may be owned by affiliates, licensors, contractors, photographers, designers, or other third parties and are used with permission. All such rights are reserved.

7. Trademark Usage Guide

The Company name, affiliate names, brand names, community names, development names, neighborhood names, project names, slogans, logos, service marks, trade dress, and other identifiers displayed on the Site are trademarks, service marks, or other proprietary indicia of the Company, its affiliates, licensors, or other rights holders.

You may not use, reproduce, display, distribute, publish, register, adopt, or otherwise exploit any such mark or identifier, or any confusingly similar name, mark, domain name, handle, or branding, without the prior written consent of the applicable rights holder.

You may not use any Company or affiliate mark in a manner that suggests sponsorship, endorsement, affiliation, or approval by the Company or any affiliate, or in any manner that is false, misleading, defamatory, disparaging, dilutive, or otherwise harmful.

8. Accessibility

The Company is committed to facilitating the accessibility and usability of the Site for all persons.

If you have difficulty accessing any content, feature, or functionality on the Site, please contact us at privacy@dividendhomes.com, (408) 779-5900, or 385 Woodview Ave # 100, Morgan Hill, CA 95037 so that we can work to provide the information or assistance you need through an alternative means.

9. Privacy

Your use of the Site is also subject to the Company’s Privacy Policy, which is incorporated into these Terms by this reference.

10. Third-Party Links and Optional Functionality

The Site may contain links to third-party websites, services, maps, platforms, applications, advertisements, or sponsored content for convenience only. The inclusion of any such link or feature does not imply affiliation with, sponsorship by, endorsement by, approval of, investigation of, or monitoring by the Company. The Company does not control and is not responsible for the content, availability, privacy practices, or terms applicable to any third-party website or service, and your access to or use of any such third-party resource is at your own risk and subject to the applicable third party’s terms and privacy practices.

The Site may also incorporate third-party tools or embedded features, such as mapping tools, virtual tours, video players, appointment scheduling tools, customer relationship management tools, live chat functionality, social media integrations, mortgage calculators, account or portal functionality, or other enhanced features. Use of those features may be subject to additional third-party terms and privacy practices.

11. Brand Statements; No Additional Warranties

The Site may contain statements regarding the Company’s heritage, reputation, design philosophy, craftsmanship, attention to detail, commitment to quality, customer relationships, or similar branding themes. Such statements are intended to describe the Company’s general approach to its business and projects and are not intended to create, and shall not be construed as creating, any additional representation, warranty, covenant, or guarantee of any kind.

Any warranties or remedies relating to a residence or other product or service offered by the Company, if any, will be governed solely by the applicable written agreements and any express written warranty documents provided by the Company.

12. Informational and Illustrative Materials

Images, renderings, photography, floorplans, site plans, maps, descriptions, specifications, community narratives, neighborhood descriptions, and other materials on the Site may be preliminary, conceptual, illustrative, or artist depictions and may not reflect final constructed conditions. References to a distinctive sense of place, neighborhood vision, surrounding environment, community character, or similar concepts are descriptive and aspirational in nature and may be subject to change based on design development, market conditions, legal requirements, approvals, engineering considerations, availability, and other factors.

Actual residences, homesites, features, finishes, dimensions, views, layouts, technologies, energy-related elements, landscaping, community amenities, neighborhood features, and surrounding conditions may differ from what is shown or described on the Site.

13. Copyright Complaints

If you believe that any content on the Site infringes your copyright or other intellectual property rights, you may notify the Company using the contact information set forth below and provide information reasonably sufficient for the Company to review and respond to the request, including identification of the claimed work, identification of the allegedly infringing material, your contact information, and a statement of your good faith belief regarding the claimed infringement.

14. Disclaimer of Warranties

THE SITE AND ALL CONTENT AND FUNCTIONALITY MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE, SECURE, ACCURATE, COMPLETE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES, SAFEGUARDS, AND CHECKS TO PROTECT YOUR DEVICES, SYSTEMS, AND DATA. WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ANY WARRANTY THAT ANY BRANDING, DESCRIPTIVE, ASPIRATIONAL, OR PROMOTIONAL STATEMENT APPEARING ON THE SITE WILL BE REALIZED IN ANY PARTICULAR PROJECT, RESIDENCE, OR COMMUNITY.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF USE, DATA, BUSINESS, REVENUE, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS RELATED PARTIES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

16. No Offer or Commitment

Nothing on the Site constitutes an offer to sell, solicitation, reservation, guarantee, or binding commitment with respect to any residence, lot, homesite, community, neighborhood, amenity, feature, upgrade, specification, finish, material, technology, service, or other product offering. Any purchase, sale, reservation, or other transaction involving a residence or other property interest will be governed solely by the definitive written agreements executed by the applicable parties.

Without limiting the foregoing, statements on the Site regarding quality, craftsmanship, fit and finish, design, durability, energy efficiency, elegance, timelessness, long-term enjoyment, lasting value, or similar attributes are general statements of brand philosophy or project objectives and do not create any express or implied warranty or contractual obligation except to the extent expressly set forth in the applicable written purchase and sale documents or other definitive transaction documents.

17. Indemnity

You agree to defend, indemnify, and hold harmless the Company and its affiliates, and their respective officers, directors, employees, agents, contractors, licensors, and service providers, from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms or your misuse of the Site.

18. Changes to Site or Terms

The Company may modify, suspend, or discontinue the Site, or any part of the Site, at any time and without notice. The Company may also revise these Terms from time to time in its discretion. Revised Terms will become effective when posted to the Site with an updated Effective Date. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those revised Terms.

19. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Santa Clara County, and each party submits to the personal jurisdiction of those courts.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

21. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Site.

22. Contact Information

Questions regarding these Terms may be directed to:
Dividend Homes, Inc.
385 Woodview Ave # 100
Morgan Hill, CA 95037
Email:privacy@dividendhomes.com
Phone Number: (408) 779-5900