Terms of Use

What You Want To Know

 

 


AV Homes, Inc. (AV Homes) Website Terms of Use

Please read these terms of use carefully (the “Terms”). If you use the website (including mobile websites), applications, or other services on which these Terms appear (collectively, the AV Homes Property), that means you understand and accept these Terms. These Terms may change from time to time. If we make changes, we will let you know by posting the changes on our website. These Terms and any other legal terms found elsewhere on this website are the entire agreement between you and AV Homes, Inc., with respect to your use of our website. These Terms and other legal terms on our site supersede any and all other understandings or agreements, written or oral, regarding your use of our website.

From time to time we may update this AV Homes website, and these Terms. Your use of this website, after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. AV Homes, may, in its sole discretion, and at any time, discontinue this website, or any part thereof, with or without notice, or may prevent your use of this website, with or without notice to you. You agree that you do not have any rights in this website, and that AV Homes will have no liability to you if this website, is discontinued or your ability to access the AV Homes website, or any content you may have posted on the AV Homes website, is terminated.

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Copyright

Copyright © 2012 AV Homes, Inc. All rights reserved. The materials on this site, including without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are original copyrighted materials owned by AV Homes, or its subsidiaries and/or affiliates. These materials are protected by federal law against unauthorized copying and reproduction. Our website content is provided for your personal informational purposes only. You may print a single hard copy for your personal use. You may not otherwise use, copy, modify, distribute, republish, or transmit any of the content or materials from the AV Homes website, without our written permission. You agree that if you violate this prohibition, you may be subject to all legal remedies available to AV Homes. You will also be responsible for any other losses, attorneys' fees or costs AV Homes may incur due to your violation.

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Discovery Days Program

Arizona: Program rates are valid through December 31, 2013 for 2 people plus tax and subject to availability. At least one guest must be 40 or better, and no one under age 19. Airfare, transportation, hotel, state taxes, and meals are not included in this offer. Developer is not liable for injury, loss, or damages of any kind resulting from participation in the promotion. Developer reserves the right to change or withdraw any offer at any time. There is a 72 hour cancellation policy. This promotion is a solicitation for the sale of interests in homes in any AV Homes community and is intended to promote the sale of homes, and you may be required to attend a sales presentation. Pursuant to the Fair Housing Act, this housing is intended for occupancy by at least one person 55 years of age or older per home, although the occupants of a limited number of the homes may be younger, but no one under 18 years of age may be in permanent residence. This material shall not constitute a valid offer in any state where prior registration is required or if void by law. THE COMPLETE OFFERING TERMS ARE IN AN OFFERING PLAN AVAILABLE FROM THE SPONSOR. FILE NO. H 000008/H 060027. WARNING: THE CALIFORNIA DEPARTMENT OF REAL ESTATE HAS NOT INSPECTED, EXAMINED, OR QUALIFIED THIS OFFERING. Our Communities have been registered with the Massachusetts Board of Registration of Real Estate Brokers and Salesmen (Registration Numbers: F-1002-15-01 and F-1200-12-01). AV Homes™, Cantamia™, Solivita®, Vitalia at Tradition™ are exclusive trademarks and service marks of Avatar Properties Inc. © 2013 AV Homes, Inc. All rights reserved. 8/28/2013

Florida: Offer good for a limited time only and subject to availability. Airfare, transportation, state taxes, and meals [other than one lunch and one dinner for two] are not included in this offer. Developer is not the owner of, nor affiliated with, any of the hotel vendors with whom Developer books on your behalf.  All taxes are paid directly to the vendors.  Developer is not liable for injury, loss, or damages of any kind resulting from participation in the promotion and does not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of any of the hotel vendors in connection with your stay.  Developer reserves the right to provide a rain check or to substitute hotels and restaurants if those offered are not available.  Developer reserves the right to change or withdraw any offer at any time. There is a 72 hour cancellation policy. This promotion is a solicitation for the sale of interests in homes in an AV Homes Community and is intended to promote the sale of homes. Contact one of our Sales Counselors for more details.

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Trademarks and Service Marks

These are some of the trademarks and service marks that belong to us or our related companies: AVATAR ®, AV HOMESTM, SOLIVITA ®, SOLIVITA BY VITALIA TM, STONEGATE ®, CANTAMIA TM, CANTAMIA BY VITALIA TM, JOSEPH CARL HOMES TM, BELLALAGO TM, BELLA POINTE TM. A number of these marks are registered with the United States Patent and Trademark Office. AV Homes, also has trademark rights to other marks that may not be listed here, registered and unregistered, including its several logos and designs.

YOU MAY NOT USE THESE MARKS WITHOUT OUR EXPRESS WRITTEN PERMISSION. You agree that if you violate this prohibition, we will pursue all of our legal remedies. You will be responsible for any losses or fees AV Homes may incur because of your violation.

The website also contains trademarks and service marks that belong to third parties. These other trademarks and service marks are the property of their respective owners. If a third party makes a claim or initiates suit against AV Homes due to your use of these other marks without the permission of the proper party, you agree to indemnify and hold AV Homes harmless from such claim or suit. You also agree to reimburse AV Homes for all losses, attorneys' fees and costs that AV Homes incurs in connection with such claim or suit.

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Passwords

Certain parts of this website require a password. AV Homes may provide you with a password. Whether AV Homes provides your password or you create your own, AV Homes will not share your password with anyone. It is your responsibility to keep your password confidential and secure. You should also take care to log off (close your browser) after using your password on the website. You are responsible for all interactions that occur on this website using your password.

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User Submissions and Content

The following requirements apply to your use of the AV Homes website (a) you will not use any electronic communication feature of the AV Homes website for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the AV Homes Property, for any commercial transactions that are unrelated to the purposes for which the AV Homes Property, was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

From time to time on certain areas of the AV Homes Property, you may be able to submit reviews and certain other 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 AV Homes 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 AV Homes 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 AV Homes Property, or feature of the AV Homes Property. You further understand and agree that you have no ownership rights in any account you may have with us, or other access to the AV Homes Property, or features therein. AV Homes, may cancel your account and delete all User Content associated with your account at any time, and without notice, if AV Homes deems that you have violated these Terms, the law, or for any other reason. AV Homes, Inc., assumes no liability for any information removed from our AV Homes Property, and reserves the right to permanently restrict access to the AV Homes website or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the AV Homes Property, you hereby grant to AV Homes a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the AV Homes Property, and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to AV Homes or our initiatives (your “Ideas”). With respect to Ideas you acknowledge that: (a) AV Homes receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that AV Homes review of the Ideas is not an admission of novelty, priority or originality; and (b) AV Homes use of any similar Ideas, whether based on your User Content, provided to AV Homes by third parties, or independently developed or considered by AV Homes shall be without obligation to you.

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Indemnification

You agree to indemnify and hold AV Homes 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, or which arises from the use of User Content you submitted, posted, or otherwise provided to AV Homes or this AV Homes website.

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Disclaimers

We try our best to provide accurate information, but information on our website may not always be accurate. AV Homes does not warrant the accuracy and completeness of information, text, graphics, links or items on this website. THESE AV HOMES PROPERTIES ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Our website may have service interruptions. We make no warranty about the reliability of our website.
We shall not be liable for any special, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits whether or not advised of the possibility of damages, and on any theory of liability, arising out of or in connection with your use of the materials. The information on this website may change without notice. The information on this website represents no commitment on our part in the future. We provide our products and services subject to applicable taxes and accompanying terms and conditions.

We reference other companies’ products on our website. Our website also has links to third party sites that are unaffiliated with AV Homes. This website contains several references to products of other companies and links to other websites, including websites of non-affiliates of AV Homes. Our terms and conditions stated here don’t apply to those websites. The links to those websites are provided for your convenience only. We do not warrant or endorse the companies, products, services, information or programs associated with these websites. Similarly, we don’t warrant or endorse the non-affiliated companies and products that appear on our website.

Active Adult Communities: Pursuant to the Fair Housing Act, this housing is intended for occupancy by at least one person 55 years of age or better per home, although the occupants of a limited number of the homes may be younger, but no one under 18 years og age may be in permanent residence. Offer valid for primary residence only.

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Disclosures by State

Arizona: Developer may change home design, materials, features, amenities, method of construction, prices, promotions, and features without notice. Availability subject to change. This is not an offer in states and jurisdictions where prior registration is required and void where prohibited by law. No offer for sale or lease can be made and no offer to purchase can be accepted prior to issuance of the final Arizona Public Report. A public report is available on the Arizona state real estate department website located at www.re.state.az.us. ROC 256789. Copyright © 2012 AV Homes of Arizona, LLC. Joseph Carl HomesTM, CANTAMIA®, CANTAMIA BY VITALIATM,  and VITALIATM are the exclusive trademarks and service marks of Avatar Properties, Inc.

 

Florida: Developer may change home design, materials, features, amenities, method of construction, prices, promotions, and features without notice. Availability subject to change. This is not an offer in states and jurisdictions where prior registration is required and void where prohibited by law. THE COMPLETE TERMS ARE IN AN OFFERING PLAN AVAILABLE FOR SPONSOR. FILE NOS. H00-008 AND H06-0027. CBC# 1254089 and CBCA179970 Copyright © 2012 AV Homes. All rights reserved. Joseph Carl HomesTM, SOLIVITA®, SOLIVITA BY VITALIA TM,  and VITALIA TM are the exclusive trademarks and service marks of AV Homes.

 

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Promotions and Pricing

Offers, incentives and seller contributions are subject to certain terms, conditions and restrictions which include use of designated non-affiliated lenders, title companies and closing agents.  Offer good for a limited time only. Developer reserves the right to change or withdraw any offer at any time. Offers are product and community specific and may not be combined.  See your sales person for details.  Values on special offers are approximate.

 

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Advertising

Photographs represent scenes and/or improvements which are not located within AV Homes possessive properties but are representative of scenes and/or improvements which are contemplated, proposed or can be viewed from within AV Homes possessive properties.  Photographs and lifestyle depicted are for illustrative purposes only. Plans/Illustrations/Photographs/other depictions may contain options and features which are not standard and may not be available on all models, model types or homes.  Landscaping depicted is an artist’s rendition, is for illustration purposes only and may vary in number, maturity, location, and/or for individual homes.

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Association Fees & Assessments

Ownership of a home will require the payment of additional fees, including association assessments and/or mandatory club dues. Association assessments and mandatory club dues are subject to change from time to time. Please review all documents carefully to determine fees associated with home ownership. Golf facilities are privately owned and operated and membership and additional fees for golf required. Purchase of a home does not grant any use of or access to the golf club or golf facilities.

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Registrations by State

This is not an offer in states and jurisdictions where prior registration is required and void where prohibited by law. These materials are not intended as an offering in any jurisdictions where prior registration and/or qualification is required and no marketing or sales literature will be forwarded to or disseminated in such states or jurisdictions unless such registration and/or qualification is met. Where only certain properties for marketing and sale in a particular state or jurisdiction, information will only be available for distribution residents in such states for such qualified properties. THE COMPLETE TERMS ARE IN AN OFFERING PLAN AVAILABLE FOR SPONSOR.  FILE NOS. H00-008 AND H06-0027; Solivita Community Association, 395 Village Drive, Poinciana, Florida 34759 and Solivita West Community Association, Inc., 395 Village Drive, Poinciana, Florida 34759. 

WARNING: THE CALIFORNIA DEPARTMENT OF REAL ESTATE HAS NOT QUALIFIED, INSPECTED OR EXAMINED THIS OFFERING, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OF TITLE, THE STATUS OF BLANKET LIENS ON THE PROJECT (IF ANY), ARRANGEMENTS TO ASSURE PROJECT COMPLETION, ESCROW PRACTICES, CONTROL OVER PROJECT MANAGEMENT, RACIALLY DISCRIMINATORY PRACTICES (IF ANY), ASSESSMENTS (IF ANY) OR THE AVAILABILITY OF WATER, SERVICES, UTILITIES, OR IMPROVEMENTS. IT MAY BE ADVISABLE FOR YOU TO CONSULT AN ATTORNEY OR OTHER KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR WITH REAL ESTATE AND DEVELOPMENT LAW IN THE STATE WHERE THIS SUBDIVISION IS SITUATED.

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Links

This AV Homes Property, may be linked to other sites which are not maintained by AV Homes. AV Homes is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by AV Homes of the linked sites. AV Homes disclaims any liability for links: (i) from another site to the AV Homes and (ii) to another site from the AV Homes.

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Questions

If you have any questions about our website terms, please contact us by email at marketing@avhomesinc.com or write us at 8601 N. Scottsdale Rd., Scottsdale, AZ 85253, ATTN: Marketing and Communications. You can call us at (877) AV HOMES.

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Miscellaneous

These Terms operate to the fullest extent permissible by law. Accessing materials on this AV Homes Property, by certain persons in certain countries may not be lawful, and AV Homes makes no representation that materials on this AV Homes Property, are appropriate or available for use in all jurisdictions. If you choose to access this AV Homes Property, 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 website may have visitors from various states in the United States and other countries. It may contain references or cross-references to AV Homes products, programs and services that are not available in your jurisdiction. These references do not mean that AV Homes will make such products, programs or services available to residents in your state. Our website is not intended as a solicitation to you if you live in a state where we are not allowed to do business.

If AV Homes fails to act with respect to your breach or anyone else's breach on any occasion, AV Homes, Inc., is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms 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.

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