TERMS OF USE/PRIVACY POLICY

This section sets forth the Terms and Conditions of your use of this website.

Havenhurst, LLC, a California limited liability company (“Developer”), located at 10635 Santa Monica Boulevard, Suite 170, Los Angeles, California 90025, is the developer of the Habitat on the Park project located at 1351 Havenhurst Drive, West Hollywood, California 90046 (the “Project”). The developments/properties referenced in this Website are owned and/or developed by an affiliate of Habitat Group Los Angeles, LLC, and each such affiliate is a separate legal entity. Nothing herein is intended to suggest otherwise or to be interpreted in any manner that would result in any liability for Habitat Group Los Angeles, LLC.

BRIX Realty Inc., a California corporation (“Broker”), located at 10635 Santa Monica Boulevard, Suite 170, Los Angeles, CA 90025, is the listing broker for the Project. BRIX Realty Inc. can be reached at 424-901-1501, and you can call the sales line of BRIX Realty Inc. by calling 866-999-BRIX.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THIS WEBSITE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE.

All users (“Users”) of this website (the “Website”) agree that access to and use of this Website are subject to the following Terms and Conditions and applicable federal, state and local laws. If you do not agree to these Terms and Conditions, please do not use this Website.

General Terms and Conditions

The following Terms and Conditions apply to all use of this Website by Users. By accessing or using the Website, each User agrees to be bound by these Terms and Conditions. We provide the information, services, text, graphics, links or other material (the “Content”) on this Website to the User, conditioned on the User’s acceptance, without modification, of these Terms and Conditions.

The Content offered on this Website is provided with the understanding that neither we, nor any of our brokers, agents, employees or affiliated entities, are engaged in rendering legal or other professional services or advice. The use of the Website is subject to the additional disclaimers, caveats, and notices that may appear throughout the Website.

Web Site For Informational Purposes Only

The Content provided on this Website is intended for informational purposes only and is not intended to constitute an offer or solicitation. All homes at the Project about which information is provided herein are subject to prior sale. The information presented on this Website is targeted solely to, and provided solely for the benefit of, residents of the State of California. Prospective purchasers must meet with a BRIX Realty Inc. agent to purchase a home at the Project.  No binding agreement to sell, purchase, or finance a home shall arise out of the use of this Website. Do not rely on any information contained herein without verification by contacting a BRIX Realty Inc. sales agent.

Disclaimers

Developer, its employees, subsidiaries, brokers (including, without limitation, the Broker), and 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 Website. While we strive to keep Content on this Website updated, accurate, and complete, Developer, its employees, brokers (including, without limitation, the Broker), agents, or affiliated entities will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content.

Despite our efforts to provide accurate information on this Website, it is not possible to ensure that all information is correct or up to date. We therefore assume no responsibility or liability for any actions taken as a result of using this Website, or for errors or omissions in the Content on this server.

We make no representation that the operation of our Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

THIS WEBSITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DEVELOPER, BROKER AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND AFFILIATES (EACH, A “PROTECTED PARTY”, AND COLLECTIVELY, THE “PROTECTED PARTIES”) RESPECTIVELY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF A COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. THE PROTECTED PARTIES DO NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE WEBSITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THE PROTECTED PARTIES DO NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE PROTECTED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS SITE, EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

Links To And From This Web Site

This website may provide links to external web sites, including websites offering products for sale. The Protected Parties do not have control or responsibility over these linked websites, and therefore, are not liable for their privacy policies, the accuracy or availability of information provided by those websites, nor can the Protected Parties be responsible for any damage which may occur while visiting those sites. Links to external websites, if any, are provided merely as a convenience to Users and do not constitute an endorsement by us of such websites or the content, products, advertising, or other materials presented on such websites, including any changes or updates thereto. The Protected Parties make no express or implied warranties or representations with respect to the content, use of, or products sold through such linked websites, and disclaim all liability with respect to such linked sites.

Equal Housing Opportunity

All real estate information provided herein is subject to the Federal Fair Housing Act, which 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." Your state or local jurisdiction may impose additional requirements. We are committed to strictly observing all federal, state and local fair housing and anti-discrimination laws. All housing developments are offered on an equal opportunity basis. No racial, ethnic or other preference is intended by the use of models of certain racial or ethic backgrounds in photographs or renderings that appear in this Website.

Specifications, Prices, Terms, Renderings, Homeowners’ Associations and Other Information

The Protected Parties endeavor to maintain the information on the Website current, accurate and complete. However, in a continuing effort to meet consumer expectations, the Protected Parties reserve the right to modify floor plans, features, specifications, amenities, appliances, maps, prices, marketing methods, terms, and conditions at any time without notice. Model homes may be shown with special wall, floor and window treatments, landscaping, decorative features, appliances, upgrades, and other items which are either optional, or for use only in the model homes. Unless stated otherwise, the prices, if any, quoted in this Website do not include optional or upgraded items. All renderings, maps and floor plans included in this Website are an artists’ depiction and may vary from the actual construction.  All measurements, including square footages, are estimates only, and may differ from the actual construction. Please do not rely on the square footage figures or on any information contained herein. Neither Developer nor Broker nor any of their agents or employees make any representation or warranty other than as specifically set forth in a written agreement signed by such party (e.g., the purchase agreement signed by Developer).

The Project is subject to recorded covenants, conditions and restrictions and requires membership in a homeowners’ association which assesses fees for the maintenance of the common areas, and also enforces the recorded covenants, conditions and restrictions.

Mortgages

Financing programs, if any, described in this Website are offered by a third party mortgage company or lender. Homebuyers are not required to obtain financing from any specific mortgage company or lender and may obtain financing from any lending institution. Nothing in this Website is intended to be an offer or qualification to finance the purchase of a house. Loan offers, interest rates, eligibility, terms and conditions can be obtained by contacting a qualified lender.

Copyright

Copyright © 2008. BRIX Realty Inc.  All rights reserved.

The entire Content included in this Web site is copyrighted as a collective work under the United States and other copyright laws, and is the property of Broker. The collective work includes works that are licensed to Broker. The Content is provided by Broker and Developer as a service to the public and is to be used for personal informational purposes only. Any violation of the foregoing conditions or use will subject the User to the possibility of full prosecution under applicable law.

No Content from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that the User may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content from the different areas of the Website solely for the User’s own non-commercial use, or towards making a purchase of a home, provided that the User acknowledges and agrees that all homes about which information is provided herein are subject to prior sale, and that prospective purchasers must meet with Broker to purchase a home. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this Website is strictly prohibited. The User further agrees not to change or delete any proprietary notices from Content downloaded from this Website.

Digital Millennium Copyright Act Notice

This section is provided in compliance with the Digital Millennium Copyright Act of 1998 ("DMCA") to allow those who believe that a copyright or other intellectual property rights have been infringed to notify Broker. In appropriate circumstances and in Broker’s discretion, Broker will remove any Content from the Website which Broker learns is violating the intellectual property rights of another.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Broker and provide its Copyright Agent with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on this Website;
• Your address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Developer’s Copyright Agent, for making a claim of copyright or other intellectual property infringement, can be reached as follows:

Name: David Sudeck, President of BRIX Realty Inc.
Address: 10635 Santa Monica Boulevard, Suite 170, Los Angeles, CA 90025
Phone: 424-901-1501
Email: david [at] BRIXrealtyInc.com  

Applicability of Terms and Conditions

These Terms and Conditions are applicable upon the User’s access to this Website. These Terms and Conditions may be revised, modified, amended, or supplemented by Broker without notice at any time for any reason. These terms and conditions shall apply to all Users regardless of any future transaction or dealings between such User and us, or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.

Miscellaneous

The use of this Website and any claim relating to the materials on or use of the site shall be governed in all respects by the laws of the State of California, U.S.A., without regard to choice of law provisions, and any legal action relating to the use of this site shall be brought in the courts of the State of California for the County of Los Angeles. The 1980 UN Convention on the International Sale of Goods is hereby expressly disclaimed.

Any cause of action or claim made by a User with respect to this Website (including but not limited to the purchase of a home through Broker) must be commenced within one (1) year after the claim or cause of action arises. Each Protected Party is an express third party beneficiary of these Terms and Conditions. Any Protected Party’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions 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 and conditions. Any Protected Party may assign its rights and duties under these Terms and Conditions to any party at any time without notice to the User.

Privacy Policy

This section describes the policy of the Protected Party (“we” or “us”) with regard to information collected from visitors to this Website. Please read this information carefully before accessing any part of this Website.

As a fundamental rule, we recognize and respect the privacy of visitors to this Website, and we do not collect any personal information from visitors unless that information is voluntarily supplied by the visitor. Personal information means information such as your name, address, phone number, or email address. We are providing this Policy to better explain our online information practices and the way we may collect and use information from you, so your privacy may be better protected.

We will only have personal information about you if you voluntarily decide to provide it to us. In order to improve the content and usefulness of our Website, we may employ the use of "cookies" (explained in more detail below) to track non-personal, non-identifying information about the visitors to this Website.

The primary purpose of this Website is to provide information concerning our products and services, to allow visitors to request further information, and to provide warranty services to our homeowners. There are several areas within this Website where you may voluntarily provide information about yourself, such as an online information request form or by registering to receive additional information or services. The following describes how that voluntary information is used, who has access to the information, and security measures in place to protect that information.

Providing Information to the Protected Parties

This Website provides visitors with several online forms which the visitor can use to request information about the company, the Project, for homeowners to request warranty service, or to save information from a previous visit to the site under our “Favorites” section. In order for us to respond to your request, we do ask you for certain personal information on the online form. The use of these online forms is completely voluntary. Visitors to this Website may navigate this entire Website without using any of these features or providing any information.

How Information is Used

If you choose to identify yourself by filling out one of the online forms, the information you send is maintained by us so that we can respond to your question or inquiry, or to provide the requested warranty service, as the case may be. Any information sent to us is not shared with anyone outside of our company and its affiliated divisions, except in the case of a warranty service request, which is shared only with the contractor, warranty administrator, or maintenance company which will perform the warranty service. If your personally-identifiable information changes (such as your phone number), or if you no longer want us to maintain your information, this can be accomplished by sending us an email as directed in the section of this Policy entitled “Contacting Us”.

Non-Personal Information Collection and Cookies

The only information we automatically collect and store during your visit to this Website is non-personally identifiable information such as the location of your Internet service provider, Internet protocol address, the browser and type of machine you are using, the website that referred you to us, the pages you request and the date and time of those requests. This information is compiled and cannot be attributed to your individual computer.

This site may use cookies. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser. Most browsers are initially set to accept cookies. If you would prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. You may still use this Website even if you reject cookies. However, it is possible that some parts of this Website will not function properly if you do so. Cookies may also be used by some of the websites to which we link.

Links to Other Web Sites

This Website may contain links to other websites not operated or controlled by any of the Protected Parties. These links are provided as a convenience to the visitors to this Website. Since Broker does not operate or control linked websites, we cannot be responsible for the personal information collection and use policies of linked websites. Therefore, you should review the privacy policy of linked websites prior to use or giving personal information.

Children

Throughout this Website, we do not request or knowingly accept any personal information from children under the age of 13, and we believe that protecting the privacy of very young children is especially important.

Storage of Information and Security

Information sent to us is stored as a log file housed on the web, and sent via email to those persons involved in responding to your question, inquiry, or warranty service request.

You should know that information sent over the Internet, whether by email or by using one of our online forms, is not necessarily secure against interception. Therefore, we cannot be responsible for interception of your information. If your communication involves sensitive information, you should send it by fax or postal mail to the number and to the appropriate address posted on this Website.