Terms & Conditions

Last Modified: May 16, 2017

Welcome to www.jmchomes.com (our "Website"), the website of John Mourier Construction, Inc., a California corporation (“Company,” “we” or “us”).  The following terms and conditions, along with our Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of the Website and any content, functionality or services offered on or through the Website. 

YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.  Alternatively, if you do not agree to these Terms of Use, do not access or use the Website.  We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access and use of the Website thereafter.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to any such changes.

This Website is offered and available to users who are 13 years of age or older and who reside in the United States or any of its territories or possessions.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, do not access or use the Website.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website.

You may be asked to provide information about yourself in order to use the “My JMC” feature, Launch System or other features of the Website.  It is a condition of your use of the Website that all the information you provide to us on the Website is correct, current and complete.  You acknowledge and agree that any and all such information is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with such Privacy Policy.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); or (b) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way that suggests association, approval or endorsement on our part.  This Website may provide certain social media features that enable you to: (a) link from your own or certain third party websites to certain content on this Website; (b) send e-mails or other communications with certain content, or links to certain content, on this Website; or (c) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third party websites.

You may use these features solely as they are provided by us.  Subject to the foregoing, you must not: (a) establish a link from any website that is not owned or controlled by you; (b) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; or (c) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Company name, the term “JMC HOMES,” the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

These Terms of Use permit you to use the Website for your personal or commercial use.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• you may store files that are automatically cached by your Web browser for display enhancement purposes;
• you may print one copy of a reasonable number of pages of the Website; and
• if we provide Facebook, Twitter, Pinterest, Youtube or third party listing websites with certain content, you may take such actions as are enabled by such features.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

DISCLAIMERS

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Additionally, you understand that the information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.  We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.  We make no representation or guarantee with respect to the investment status or future value of any home or lot.  Lot premiums may apply.  Views may vary significantly by lot location and may be affected by future development.  We do not guarantee the preservation of any view or the natural environment surrounding the community.  Photographs, descriptions and discussions of surrounding areas, the zoning and land use of the properties surrounding any community, open space or community amenity, are informational only, are subject to change and are not guaranteed.  We cannot control future actions and decisions by government and private bodies, and all applicable governmental and private bodies should be consulted for accurate, up to date information. 

Prices and terms contained herein are subject to change, prior sale, selected lot premiums and options.  Prices shown may or may not include any optional features or lot premiums and may or may not include any applicable fees and charges.  All renderings and floor plans in these materials are artists’ conceptual drawings and will vary from the actual plans and homes as built.  Square footage numbers are approximate and may vary depending on the standard measurement used.  Photographs and renderings of homes may not represent the lowest-priced homes in the community and any photographs or renderings of people do not depict racial preference.  Community description and amenities are developer’s current plans, are not guaranteed, and may change without notice.  Additionally, home plotting, site maps, square footages, pricing, home availability, terms of sale, release dates, number of homes to be built, reservation processes and home designs including, but not limited to, floor plans, landscaping, materials, techniques and features, are all subject to change without notice.  The Website and models may not always reflect design or plan changes.  Promotional programs are typically available only on select lots at select communities and typically are not available in conjunction with other offers.  Every effort has been made to accurately estimate completion dates, however, completion dates may be extended if construction is delayed.  Please consult a sales representative for specific pricing or other information for each community.

This Website including our Launch system may also include content or utilize services provided by third parties.  All statements or opinions expressed in such materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Likewise, such third parties are solely responsible for the services they provide and such services are subject to the terms of use and privacy policies of those third parties over which the Company has no control.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATIONS ON LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content and services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

EQUAL HOUSING OPPORTUNITY STATEMENT

The Company is an equal opportunity home builder.  Information provided on this Website may be subject to the U.S. Federal Fair Housing Act of 1968, as amended.  We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity.  We encourage and support an affirmative advertising and marketing program in which there are no barriers and make all residences available on an equal opportunity basis.

NO OFFER TO SELL

The content provided on this Website is intended for informational purposes only and is not intended to constitute an offer or solicitation.  All homes about which information is provided herein are subject to prior sale.  Prospective purchasers must visit one of our sales offices or use our Launch system to purchase a home.

EMPLOYMENT OPPORTUNITIES

We are an equal opportunity employer.  Nothing on this Website shall constitute an offer of employment.  Although we will use all reasonable efforts to maintain confidential any personal resumes or information submitted to us, we cannot guarantee that confidentiality will be maintained.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You may provide us with comments, suggestions or other feedback regarding, or proposed improvements to, our Website.  You acknowledge and agree that we may use the comments, suggestions or other feedback submitted by you to us through the Website, in our sole discretion.

MISCELLANEOUS PROVISIONS

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.  Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Sacramento and County of Sacramento.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

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