By accessing and using this web site (https://truvistadev.com or any alias site (the “Site” or “site”)), you signify your assent and agreement to the following matters (the “Terms of Use”). If you do not agree to the Terms of Use, do not use this web site. This site is provided by TruVista Development, LLC, an Arizona limited liability company (“Developer”). As used in this web site and in this Terms of Use, “we”, “us’” or “our” refers to Developer, and “you” or “your” refers to you, the user of the site. While we may work closely with other entities and individuals, some of whom may be affiliated, any such entities and individuals are and will at all times remain legally independent, and no partnership, joint venture or other legal relationship exists or shall be deemed to exist between or among any of such parties that in any way creates any liability for the debts or obligations of, or authority to legally bind, another party.
1. PRIVACY POLICY. (Last Updated: 2017-11-01)
A. General Policy: We strive to offer our site visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number), but only in a fashion consistent with the terms of this Privacy Policy. Regardless, we will never sell, exchange, rent or give your email address or other Personally Identifiable Information to any unauthorized third party.
B. How We Gather Information From Users: How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for our interest list, register to access certain restricted portions of our site or request certain features, such as newsletters. You may provide information when you participate in sweepstakes and contests, message boards and blogs, and other interactive areas of our site. Like most web sites, we collect information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store certain information, sparing you from having to re-enter that information each time you visit. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies. If you do so, you may be unable to access certain portions of the site or may be asked to re-enter information that has been previously provided, and we may not be able to customize the site’s features according to your preferences.
C. What We Do With The Information: We Collect Like other web sites, we collect information to enhance your visit and deliver more individualized content. We respect your privacy and do not share your information with anyone. Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most popular). Aggregated Information may occasionally be shared with third parties we work with. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually. Personally Identifiable Information collected by us may be used for various purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, other communications with you about things you sign up for, customizations preferences, our Terms of Use, our services and products, and occasionally other topics we think you might find of interest. Certain third parties who provide technical support for the operation of our site (our Web hosting service or web administration staff, for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our organization, we may merge or partner with other organizations. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.
D. Affiliated Sites And Linked Sites: We use every effort to deal only with reputable third parties, and expect them and their affiliates to respect the privacy of our users. Be aware, however, that third parties, including our affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a page, certain content that is actually created or hosted by a third party. Also, through our site you may be introduced to, or be able to access, information, web sites, features, contests or sweepstakes offered by other parties. We are not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party. While on our site, such other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. We do not control the use of this technology by third parties or the resulting information, and are not responsible for any actions or policies of such third parties. You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in blog areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond our control and this policy.
E. Children We do not knowingly collect or solicit: Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe we have any information from or about anyone under 13, please contact us at the address listed below.
F. Changes To This Privacy Policy: We reserve the right to change this Privacy Policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
2. GENERAL TERMS OF USE. (Last Updated: 2017-11-01)
A. Restrictions On Use Of Materials: Materials in this web site are copyrighted and all rights are reserved. Text, photos, graphics, databases, HTML and other code, and other intellectual property are protected by U.S. and international copyright laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without our explicit permission. All of the trade names, trademarks, copyrighted materials and other intellectual property used on this site are owned by us or other owners and used with their permission under a license. You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to this Terms of Use. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law. You are expressly prohibited from placing or installing any portion of the information from this site on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without our express written authorization.
B. Registrations And Other Sign-Ups: The use of certain parts of this site may be restricted to users who have provided certain required information, and as part of that process, such users may have selected or been assigned a particular username and password in accordance with our username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree to treat as strictly private and confidential any and all information to which you have access through password-protected areas of our web site and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. You agree that all actions taken by you, or any other user that accesses the site using your username and password, at or through the site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the site and any services available on it by you or others using your username or password. Accordingly, you should retain any username and password in the strictest of secrecy. If you lose your username or password, please contact us at the address listed below. We may terminate or suspend your username and password and thus access to all or part of the non-public portions of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of this Terms of Use or any applicable law, or for any act which is harmful to the interests of another user, service provider, us or any of our affiliates. Applicable sections of this Terms of Use will survive any termination or expiration of this Terms of Use.
C. User Conduct: This site may contain forums, bulletin boards, blogs, news groups, and/or other message or communication facilities (“Communication Services”) that enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are prohibited from submitting to, posting or transmitting through our web site (including, without limitation, using as a username) any unlawful, harmful, threatening, abusive, harassing, invasive of a person’s privacy, false, inaccurate, defamatory, vulgar, obscene, sexually oriented, profane, hateful, racially motivated, ethnically motivated, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, advertisements, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. You remain solely responsible for the content of your messages, and you agree to defend, indemnify and hold harmless us and our affiliates and any of our or their officers, directors, employees, or agents. We reserve the right to reveal your identity (or any information we have about you) in the event of a complaint or legal action arising from any information posted by you. Please note that your computer IP address may be recorded with each post as a means to identify you in the event that you need to be banned from this site, or your ISP or authorities contacted. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of us nor our affiliates, nor any of our or their officers, directors, employees, or agents. You acknowledge that we do not pre-screen all content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, we and our designees shall have the right to remove any content that violates the Terms of Use or is otherwise objectionable.
D. Prohibited Activities: The following activities are prohibited: i. Using web-accelerated browsers or products or other applications that are capable of copying large portions of content from the site. We can detect the use of these systems through live log file analysis and will ban any future use by offenders. ii. Using robots and crawlers, or similar technology, without following industry standard robot guidelines. We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check our web site links, it must operate according to such guidelines. Do not leave new robots unattended and allow a minimum of 1 minute between automated requests. iii. Using any device, software or routine or the like to interfere or attempt to interfere with any site functionality. iv. Taking any action that imposes an unreasonable or disproportionately large load on the site infrastructure. v. Using any email addresses appearing on the site or within the site’s HTML code for purposes not relating specifically to the site. vi. Accessing the site by any means other than through the interface that is provided by our public domain name, or attempting to access, or accessing, any area of the site to which your access is not authorized. vii. Reverse engineering, reverse assembling or otherwise attempting to discover any source code relating to the site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
E. Links To Third Party Sites: We do not endorse the content on any third-party web site, including web sites of any entities deemed our affiliates (“Third-Party Sites”). We are not responsible for the content of Third-Party Sites that you reach through links on this site, sites framed within this site, or third-party advertisements on this site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party Site will be between you and the party providing that web site; we are not your agent and are not a party to any transaction at a Third-Party Site.
F. Site Information Disclaimer: Facts and information on this web site are believed to be accurate at the time they are placed on the web site. Changes may be made at any time without prior notice. All data provided on this web site is to be used for information purposes only. The information contained on this web site is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this web site are only offered in jurisdictions where they may be legally offered. Information provided on our web site is not all-inclusive, and is limited to information that is made available to us, and such information should not be relied upon as all-inclusive or accurate. Photos used on this web site may be “stock photography”, meaning we purchased or otherwise were granted a license to use such photographs and that the photos have no actual relationship with us or our business. For example, some such “stock photography” may be used to create a visual representation of a concept.
G. Disclaimer Of Warranties And Limitation Of Liability: ALL CONTENT AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY US AND OUR AFFILIATES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND WE AND OUR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS TERMS OF USE WITH UNITED STATES FEDERAL OR STATE LAWS, OR INTERNATIONAL LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY US FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
H. Indemnity And General Applicability Of Indemnification: You agree to defend, indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Terms of Use. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by our authorized representative. In all places in this site where you agree to defend, indemnify and hold us harmless, you in fact agree to also defend, indemnify and hold harmless all of our affiliates as well as any of the officers, directors, employees, or agents of such affiliates and of us.
I. Governing Law And Disputes: The Terms of Use and the use of this site are governed by, construed by and enforceable in accordance with the laws of Arizona, as it is applied to agreements entered into and to be performed entirely within such jurisdiction, without regard to principles of conflict of laws. All matters pertaining to this web site are controlled, operated and administered entirely within Arizona. To the extent you have in any manner violated or threatened to violate our and/or our affiliates’ intellectual property rights, we and/or our affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: We agree to first try to resolve it with the help of a mutually agreed-upon mediator in a location chosen by us in Maricopa County, Arizona. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in a location chosen by us in Maricopa County, Arizona, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
J. Consent To Electronic Notices And Other Communications: You agree that all of your transactions relating to this site may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notices via postings at the site or via email to any email address that you provide to us. If you do not wish to deal with us electronically, you should not use the site or enter into this Terms of Use. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by postal mail to any address you provided. If no valid means of notice is provided by you, failed notice attempts will constitute valid notice for all legal purposes.
K. Print A Copy For Your Records: You agree to print or make an electronic copy of this Terms of Use (and any amendment from time to time) and retain it in your records. You also agree to make and retain a copy of any other information that we deliver to you in writing.
L. Amendments: The then current Terms of Use will apply to every access to our site and any alias site. We reserve the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site. That version will then apply to all use by you following the date of publication. Each access of information from our site will be a separate and discrete transaction based on the then prevailing terms. You hereby agree to be bound by any such changes. If you do not agree to be bound by the changes, you should not use the site again and you should cancel any registrations, subscriptions or other sign-ups originally performed on the site. Even if you have not clicked on any “I Agree” or similar button or checked any “I Agree” or similar box when providing your information, if you use the site after you have been notified of a change to the Terms of Use, you are agreeing now to be bound by that change.
M. Termination: These Terms of Use are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at our sole discretion should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other related site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
N. Assignment: None of your rights under the Terms of Use or other portions of this site are assignable, and you agree not to assign any such rights without the physical written consent of an authorized representative of us in a non-electronic record, and any assignment without our consent will be voidable at our option. Subject to the foregoing, the Terms of Use will inure to the benefit of and bind the parties’ respective successors and permitted assigns.
O. Representations And Warranties: You represent and warrant to us that: (a) you possess the legal right and ability to enter into this Terms of Use; (b) all information submitted by you to the site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the site for any purpose that is unlawful or prohibited by the Terms of Use.
P. General: The Terms of Use (along with any and all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of the Terms of Use may be waived by us except in a non-electronic writing signed by our authorized representative. If any provision of the Terms of Use is found by a court of competent jurisdiction to be void or unenforceable in whole or in part, the remaining provisions shall not be affected thereby and will remain in full force and effect. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment, agency or other legal relationship (other than as contracting parties) exists between you and us or our affiliates as a result of the Terms of Use or your use of the site.
Q. Photo & Video Release: You understand that as part of any visit to our property, models or sales office(s), photos, videos or sound recordings may be taken that include your visual image or voice (collectively, “Image”), and that your Image may be reproduced and used for a variety of promotional purposes, including, but not limited to, print and electronic media. You agree that your Image may be edited as desired and used in whole or in part for any and all purposes in any manner or media in perpetuity throughout the world, and that we may copyright and publish same. You consent to publication of the Image in whole or in part and also consent to use of your name, likeness, voice, and biographical material about you in connection with program publicity and for institutional promotional purposes. You expressly release us, our licensees and our assignees, from any privacy, defamation or other claims arising out of broadcast, exhibition, publication or promotion of your Image.
R. TruVista Development is an equal opportunity employer: This means that we conduct hiring without regard to race, color, ancestry, national origin, citizenship, age, sex, marital status, parental status, membership in any labor organization, religion, political ideology, or disability of an otherwise qualified individual.
S. Visiting Our Property: A visit to our property (including, but not limited to, our models, sales offices, common areas, public or private streets, sidewalks and parking areas, and homes under construction) subjects the visitor to certain risks of bodily harm or death, property loss, and other challenges. Any such visitor hereby releases us from any claims, injuries, damages or other losses from any cause whatsoever, including but not limited to those in connection with construction activities, terrorist activities, war, social or labor unrest, strikes, criminal activity, mechanical or construction failures or difficulties, diseases, sickness, quarantine, local laws, weather, climate conditions, abnormal conditions or developments, acts of God, force majeure, or any other action, omissions, or conditions or for any other cause beyond our control. By visiting, the visitor voluntarily assumes all risk involved in such visit, whether expected or unexpected, and is advised to obtain appropriate insurance coverage against these risks. If you are not willing to assume such risks, you should not visit our property.
3. Additional Real Estate and Construction Regulation Compliance Statement and Notice Regarding Proposed Improvements. (Last Updated: 2017-11-21)
4. CONTACTING US
In order to contact us for general purposes, please use the “Contact Us” section on our web site. If necessary, our mailing address for general purposes is TruVista Development, LLC, 7904 East Chaparral Rd., Suite A110-603, Scottsdale, Arizona 85250. For formal legal purposes, our registered agent and known place of business in Arizona is as follows: Kristin Levy at the foregoing address. NOTICE: Portions of this Terms of Use were produced using AutoWebLaw, and those portions may not be duplicated in any way without a valid AutoWebLaw Personal Use license, which may be obtained at http://AutoWebLaw.com. Any unlicensed use of this document, or any portion thereof, may result in criminal prosecution or other legal consequences.
