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TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT

Welcome to the www.greatparkneighborhoods.com website operated by Heritage Fields El Toro, LLC (“Heritage Fields”) and our other online locations including our Facebook page, Twitter, Pinterest, Instagram, Google+, YouTube and other social media channels (each a "Website" and collectively, the "Websites").


1.Acceptance. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT OF THIS WEBSITE ("Terms of Use") CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this Website, all users ("Users") of this Website acknowledge that you have read, understand and agreed to be bound by the Terms of Use and all applicable laws. If you do not agree to these Terms of Use, do not view, browse or use any portion of this Website. Heritage Fields may revise, modify, amend or supplement these Terms of Use at any time by updating this posting. Your continued use of this Website constitutes your agreement to comply with such revisions. If you breach any of these Terms of Use, your permission to access or use this Website is automatically and immediately revoked. Any rights not expressly granted by these Terms of Use are reserved by Heritage Fields.


2.Copyright Notice. Copyright ©2013 HERITAGE FIELDS EL TORO, LLC. All rights reserved. The information, services, text, graphics, links or other material (“Content”) of this Website are provided by Heritage Fields as a service to the public and are to be used for personal informational purposes only. The entire Content included in this Website, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Heritage Fields. 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 this Website solely for the User's own non-commercial use. 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. Any violation of the foregoing conditions or use will subject the User to the possibility of full prosecution under applicable law.

3.Trademark Notice. The trademarks, service marks, logos, slogans, trade names and trade dress (“Marks”) used on this Website are proprietary to Heritage Fields or its licensors and are protected by law. Some of those trademarks include, but are not limited to, the following:


Great Parks Neighborhoods®


The unauthorized use of any Marks on this Website is strictly prohibited. Fair use of the Marks requires proper acknowledgment. Any third party names or trademarks referenced in this Website do not constitute or imply affiliation, endorsement or recommendation by Heritage Fields and Heritage Fields does not make any claims to the Marks of others that may appear on this Website.


4.Links to Other Websites and/or Materials. Hypertext or other computer “links” may appear on this Website that may be used to link to other website(s), including websites operated by other parties. These links are provided as a courtesy to Website visitors. Heritage Fields has no control over the linked websites or the materials, site plans, building renderings, floor plans, neighborhood maps, aerial photos, neighborhood photos, and/or enhanced descriptions of neighborhoods, other illustrations and other information, goods or services available or contained on these linked websites, including their privacy practices and terms and conditions of use. Heritage Fields is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked websites or any privacy or other practices of such websites and Heritage Fields disclaims all liability with respect to your access to, use of, or transactions or other interaction with those linked websites. If you decide to access any of the linked websites, you do so entirely at your own risk.

5.Disclaimers. Although Heritage Fields attempts to ensure the integrity and accurateness of the Content of this Website, it makes no guarantees whatsoever as to the timeliness, completeness or accuracy of the Content. Content provided on this Website is intended for informational purposes only and is not intended to constitute an offer or solicitation. Information contained on this Website may be changed or updated without notice.

THIS WEBSITE AND THE CONTENT PROVIDED HEREIN IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HERITAGE FIELDS, ANY OF ITS LICENSORS, SUPPLIERS AND ITS RELATED PARTIES DISCLAIM ALL WARRANTIES OR REMEDIES FOR BREACH OF WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF THE CONTENT AVAILABLE FROM OR THROUGH THIS WEBSITE. IN NO EVENT WILL HERITAGE FIELDS, ANY OF ITS LICENSORS, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.

6.Limitation of Liability. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF HERITAGE FIELDS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THIS WEBSITE AND ITS CONTENT SHALL NOT EXCEED FIFTY DOLLARS (U.S.). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE CONTENT, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THIS WEBSITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


7.Site Plan/Neighborhood Map Disclaimer. Site plans, building renderings, floor plans, neighborhood maps, aerial photos, neighborhood photos and/or computer generated or enhanced depictions of neighborhoods (collectively "Illustrations") posted on this Website are conceptual in nature and are merely an artist's rendition, and may not accurately represent the actual condition of the item being represented and should never be relied upon. All Illustrations are posted on this Website for illustration purposes only and do not in any way indicate any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination. THE PAST, PRESENT, FUTURE OR PROPOSED ROADS, EASEMENTS, LAND USES, CONDITIONS, PLAT MAPS, LOT SIZES OR LAYOUTS ZONING, UTILITIES, DRAINAGE, LAND CONDITIONS, OR DEVELOPMENT OF ANY TYPE WHATSOEVER, WHETHER OR NOT REFLECTED ON THE ILLUSTRATIONS, MAY NOT BE SHOWN OR MAY BE INCOMPLETE OR INACCURATE AND MAY OR MAY NOT CHANGE IN THE FUTURE. IT IS NOT UNCOMMON THAT ANY OF THE FOREGOING OR THE ILLUSTRATIONS CAN CHANGE WITHOUT NOTICE TO YOU. YOU SHOULD NEVER RELY ON THE ACCURACY OF THE FOREGOING OR THE ILLUSTRATIONS IN MAKING ANY DECISIONS RELATIVE TO PURCHASING ANY PROPERTY.


8.Indemnification. You agree to indemnify and hold Heritage Fields and its parent companies, affiliates, subsidiaries and agents and management companies or related parties, and their respective officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Website, violation of these Terms of Use, or the infringement by you, or any other user of your name, of any intellectual property or other right of any person or entity.


9.Applicable Laws. Heritage Fields operates this Website from its offices in California and makes no representations that materials in this Website are appropriate or available for use in other locations. Access to this Website from any territory where the content is illegal is prohibited. If you choose to access this Website from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of this Website alone does not subject Heritage Fields to any specific jurisdiction. Any claim related to the use of this Website, the Content or these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein, without regard to choice of law principles. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against Heritage Fields or any of its parent companies, affiliates, subsidiaries and agents and management companies or related parties. Any action brought in connection with this Website or Website content shall be brought in either the state or federal courts with jurisdiction in Orange County, California and you agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Orange County, California.


10.Notices Required by California Law.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of this Website is Fresh Interactive, 13326 Sunset Boulevard, Los Angeles, CA 90048. Telephone: 866-865-3041. To file a complaint regarding this Website or to receive further information regarding use of this Website, please send a letter to the attention of the Legal Department at the above address. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

If you are a California resident and have provided personal information to Heritage Fields, you are entitled by law to request certain information regarding any disclosure by Heritage Fields to third parties of personal information for their direct marketing purposes. To make such a request, send an email to webmaster@greatparkneighborhoods.com, specifying that you seek your “California Customer Choice Privacy Notice.” Please include your name, address, email address, the specific Website(s) to which your request pertains, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request. Please allow 30 days for a response. Heritage Fields is required to respond to only one request per customer each year, and is not required to respond to requests made by means other than through the above email address.


11.Statute of Limitations. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or the Terms of Use must be filed within one year after such claim or cause of action arose.


12.Forward-Looking Statements. This Website may contain forward-looking statements regarding Heritage Fields’ business, Heritage Fields’ direct or indirect members, shareholders or partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, that could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.


13.Privacy Policy.

Introduction and General Privacy Policy Statement

Your privacy is very important to Heritage Fields. As part of the normal operation of this Website, Heritage Fields may collect information about you including, but not limited to, your first and last name, home address, email address and home telephone number. Heritage Fields also collects personal information about you whenever you transact business with Heritage Fields, request information or materials, enter sweepstakes, contests or drawings offered by Heritage Fields, create or update a profile, communicate with Heritage Fields or visit this Website. When you visit this Website, Heritage Fields receives and records non-personal information on our server logs from your web browser and through other analysis of this Website, including but not limited to the use of "cookies" that reside on your computer's hard drive to store information about your use of this Website. (See more information about “Cookies and Other Tracking Devices” below).
Heritage Fields uses your information to respond to your requests for information or services, for general record-keeping purposes and to otherwise contact you about promotions, sweepstakes, contests or drawings and available products or services. Heritage Fields does not sell information about you to unaffiliated third parties. However, Heritage Fields may share your information with selected third party companies (including builders who are building at our project) and individuals that perform functions on our behalf or they may collect the personal information on our behalf and provide it to us. Examples include conducting surveys and contests, sending you electronic and other messages about a property in one of our neighborhoods or an offering from one of the builders, managing and operating this Website, sending postal mail and e-mail, performing data management and analysis and for other customer service, marketing and promotional purposes. Heritage Fields may also release your personal information when we believe such disclosure is appropriate to: (i) comply with law or a court order or other legal process; (ii) protect the rights, property or safety of Heritage Fields, this Website, our users, or others; or (iii) enforce these Terms and Conditions of Use and Privacy Statement. Your use of this Website constitutes your permission for Heritage Fields to use and share the information collected from you as provided herein.
Notwithstanding the foregoing, any information, communication or material you provide to us, whether received online, electronically, in person or otherwise collected by or submitted to us, including personally identifiable information, data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary.
Anything you transmit or post becomes the property of Heritage Fields and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, market research, development of prospect lists, project planning, broadcast, posting and marketing, among other things.
We may also use information transmitted to us through this website to send you electronic and other messages about a property in one of our communities, or an offering from one of our subsidiaries or affiliated companies. Your use of our website constitutes your permission to do so. We comply with the Federal CAN-SPAM Act, and make every effort to ensure that our messages are not considered Spam. Of course, you may unsubscribe from any messages we send at any time and will not receive further electronic messages from us by following the instructions included within the message.

Information on the Internet tends to develop “a life of its own” and may find its way to recipients to whom it is not intended or persons you may not want to have such information. This is beyond the control of Heritage Fields, and you are advised that such transmission may not be secure.

Categories of Information We Collect
When you request assistance to find a new home, we will request your name, address, email address, home telephone number, work telephone number, fax number and cell phone number.

When you request customer care or warranty information, we will request your name, address, email address, home telephone number, work telephone number, fax number and cell phone number.

When you make inquiries concerning your current home, we will request your name, address, email address, home telephone number, work telephone number, fax number and cell phone number. We will also request the identity of the community where your home is located.

When you make inquiries concerning investor relations, we will request your name, address, email address, home telephone number, work telephone number, fax number and cell phone number.

When you make inquiries concerning career opportunities, we will request your name, address, email address, home telephone number, work telephone number, fax number and cell phone number. We will also request a copy of your resume, your highest level of education and information about the type of job you are seeking.

If you are a real estate agent seeking information on our communities, a party interested in conducting business with Heritage Fields or if you contact us with land you have for sale, we will request your name, address, email address, home telephone number, work telephone number, fax number and cell phone number.

If you wish to contact our webmaster, we will request your name, address, email address, home telephone number, work telephone number, fax number and cell phone number.

Sharing Information Collected on Our Website
We may share personal information among the Heritage Fields family of companies and affiliates. We may also share information with select third parties who offer goods or services we think may be of interest to you.

Cookies and Other Tracking Devices
We may use cookies and other tracking devices on our websites. Using cookies on our sites provides benefits to you, such as allowing you to maintain your account login information between visits. The use of cookies also allows us to measure site activity to provide a better user experience. Cookies and other tracking devices may be used to tell us the time and length of your visit, the pages you look at on our site, the site you visited just before coming to ours, and the name of your Internet service provider. We may use third parties to serve our advertisements on other websites. In serving our advertisements, these companies may use cookies and other tracking devices to collect certain non-personally-identifiable information about your visits to other websites (such as browser type, IP address, which page was visited, and time of day). This information may be used to evaluate our online advertising campaigns or to tailor promotions and other marketing messages to you. You may elect to refuse cookies. Please refer to your browser Help instructions to learn more about cookies and how to manage their use.

Do-Not-Track Signals
Our website does not respond to do-not-track (“DNT”) signals. Our CRM system, Lasso, collects user information. Only our marketing team has access to this data. Our website does not include any other third-party applications that collect visitors’ information.


Notification of Privacy Policy Change
If we make material changes to our privacy policy, we will provide notice of the change by posting a notice on the homepage of our website for a period of at least three months.

Effective Date
This privacy policy is effective as of June 17, 2014.

Your California Privacy Rights
You may request certain information from Heritage Fields concerning the customer information that we have shared with third parties for their direct marketing purposes. The information, which we will provide free of charge once per calendar year upon request, includes a list of the types of customer information that we have provided to third parties for their direct marketing purposes and the names and addresses of all third parties with which we have shared such information during the past calendar year. We will provide the information to you within 30 days of your request.

To request that we provide you with such information, please send a written request to Heritage Fields, Marketing, 25 Enterprise, Suite 400, Aliso Viejo, CA 92656. Within 30 days of receiving your request, we will provide you with the information at the address you designate in your request, which may be an email address or physical address.


Notwithstanding the foregoing, any information, communication or material you provide to us, whether received online, electronically, in person or otherwise collected by or submitted to us, including personally identifiable information, data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Heritage Fields and may be used for any purpose.


14.Security. Heritage Fields complies with applicable federal law regarding the safeguarding of your personal information and we employ reasonable administrative, technical and physical safeguards to protect the security, confidentiality, and integrity of your information as required by law. However, Heritage Fields cannot guarantee the security of the information on and sent from this Website. Unfortunately, no data transmission over the Internet or on a computer can be guaranteed to be 100% secure. Any such transmission is done at your own risk.


15.Public Forums. This Website may make chat rooms, message boards, news groups and other interactive areas available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose any personal or any other information about yourself. The information presented in these areas reflect the views of the individual users or hosts and do not necessarily reflect the views of Heritage Fields or any of its parent companies, affiliates, subsidiaries and agents and management companies or related parties.


16.General Information. These TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT constitute the entire agreement between you and Heritage Fields and govern your use of this Website. The failure of Heritage Fields to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the applicable provision, and the other provisions of the Terms of Use shall remain in full force and effect. Heritage Fields reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without cause, and with or without notice. The section headings are for convenience only and have no legal or contractual effect. This Website is directed to persons 18 years of age or older. Heritage Fields and this Website do not knowingly collect information from children under age 18. Any questions regarding these Terms of Use or this Website should be directed to: webmaster@greatparkneighborhoods.com.

DISCLAIMER

© 2016 Heritage Fields El Toro, LLC. All rights reserved. Great Park Neighborhoods, the bicycle logo, and "Life Will Be Different Here" is a registered trademark of and "Live Will Be Different Here" are a registered trademarks of Heritage Fields El Toro, LLC ("Heritage Fields") dba Great Park Neighborhoods used for the marketing of new home neighborhoods in Irvine, California. Five Point Communities Management, Inc. ("Five Point") is the development manager of Great Park Neighborhoods. Neither Heritage Fields nor Five Point is designing, constructing or offering homes for sale in Great Park Neighborhoods. All proposed amenities are subject to change without notice. Lifestyle photography does not reflect any ethnic or racial preference. (12/16)