Legal | Terms Of Use Agreement
General Terms of Use
General Acceptance
JKB Living, Inc. (“JKB”) thanks you for your use of this website (“Site”). Your use of the Site is subject to the terms and conditions contained herein (these “Terms of Use”). You agree that by entering or using the Site, you are communicating your acceptance of the Terms of Use. JKB may amend these Terms of Use at any time without prior notice.
Privacy
We retain copyright on all text and graphic images. Subject to the express provisions of this disclaimer: we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Conduct
You are responsible for all inappropriately posted information, images, graphics and other materials. JKB does not monitor your posts on the Site and cannot guarantee the accuracy, integrity, or quality of posts of others.
You may:
(a) view pages from our website in a web browser; (b) download pages from our website for caching in a web browser; and (c) print pages from our website, subject to the other provisions of this disclaimer.
Except as expressly permitted by Terms of Use, you must not download any material from our website or save any such material to your computer. You may only use our website for your own personal purpose and you must not use our website for any other purposes.
Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation to scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means except for access pursuant to a search engine; (f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You must not use data collected from our website to contact individuals, companies or other persons or entities.
You must ensure that all of the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
Termination of Access
JKB reserves the right to terminate your access at any time (for any reason or for no reason). In particular, and without limitation, JKB may terminate your access upon your non-compliance with these Terms of Use or if you violate JKB’s rights or the rights of any other party.
No Offers To Sell
All prices are subject to change at any time. Prices shown refer to the base house and do not include any home site premium, or any optional features. As prices may already reflect applied discounts or other incentives, please consult JKB’s sales personnel for specific price information for each community.
The Site and any website links do not constitute an offer to sell or a solicitation of offers to buy real property. Offers to sell real property may only be made and accepted at the sales center for individual communities of JKB and JKB’s affiliates (collectively, the “JKB”).
Use
You do not acquire any ownership rights to any JKB Content through your access to, or use of, the Site.
Limited Right to Use. JKB grants you a limited, nonexclusive, non-transferable license to view, print, and download the JKB Content solely for your own personal use. You may not reproduce, republish, distribute, assign, sublicense, sell, or prepare derivative works of the JKB Content. All rights in and to the JKB Content not expressly granted in this paragraph remain in JKB and JKB’s licensors.
Indemnification
YOU shall indemnify and hold Buyer harmless from and against any and all loss, cost, damage, claim, liability, or expense, including reasonable attorney fees and costs, in any way arising from or related to your (i) failure to comply with any of these Terms of Use or (ii) use of the Site. JKB has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Site.
Release
YOU hereby waive, release, acquit, and forever discharge JKB, and JKB’s agents, directors, officers, and employees to the maximum extent permitted by law, of and from any and all claims, actions, causes of action, demands, rights, liabilities, damages, losses, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, that it now has or that may arise in the future because of or in any way growing out of or connected with your use of the Site.
Disclaimers
THE INFORMATION AND SERVICES PROVIDED THROUGH THE SITE ARE INTENDED FOR GENERAL REFERENCES AND INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” JKB DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
ALL INFORMATION PROVIDED THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, PRICES, FLOOR PLANS, SQUARE FOOTAGES, DESIGNS, AND MATERIALS) IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND REPRESENTS NO COMMITMENT ON JKB’S PART IN THE FUTURE TO CHANGE SUCH INFORMATION OR TO PROVIDE THE SITE.
Limitation of Liability
We do not warrant or represent:
(a) the completeness or accuracy of the information published on the website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law and subject the Terms of Use we exclude all representations and warranties relating to the subject matter of this Terms of Use, our website and the use of our website.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Links
The Site may contain links to other web sites, including, but not limited to, investor relations sites, job applicant information gathering, assessment, and testing sites, and preferred lender sites. These Terms of Use (and related Privacy Policy) do not apply to these third-party sites. JKB is not responsible for the content, accuracy, or opinions expressed in such web sites, and JKB does not investigate, monitor, or check such web sites for accuracy or completeness. Inclusion of any linked web site on the Site does not imply approval or endorsement of the linked web site by JKB. If you decide to leave the Site and access these third-party sites, you do so at your own risk. You may only make available links on other web sites to the Site if such links connect directly to JKB’s home page located at www.jkbliving.com. You may deep-link (or link to other pages within the Site) only with JKB’s prior, express, and written consent.
Miscellaneous
Any cause of action by you with respect to the Site (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. The courts of the County of Stanislaus, of the State of California will have sole jurisdiction over any disputes or litigation regarding this Terms of Use and that any breach of this Terms of Use will be deemed to have occurred in Stanislaus County, California. This Terms of Use will be governed by and construed under the laws of the state of California.
Severability
The invalidity of any provision of the Terms of Use as determined by an arbitrator or court of competent jurisdiction will in no way affect the validity of any other provision of this Terms of Use.
Word Usage
Unless the context clearly requires otherwise: all references in this Terms of Use to the plural will include the singular, and all references to the singular will include the plural; all references to gender will include the masculine, feminine, and neuter genders; the words “shall,” “will,” or “agrees” are mandatory, and the word “may” is permissive; the word “or” is not exclusive; and, the words “includes” and “including” are not limiting.
Captions
The captions in this Terms of Use are for the convenience and reference of the Parties only, and the words contained therein shall not be used in construing this Terms of Use.
References
All cross-references in this Terms of Use, unless specifically directed to another Terms of Use or document, refer to terms, conditions, covenants, provisions, and restrictions in this Terms of Use, and shall not be deemed to be references to any other Terms of Uses or documents. Any references to specific statutes, codes, or regulations shall include any successor statutes, codes, or regulations.
Exhibits and Addenda
Any and all exhibits, addenda, and/or schedules referred to in this Site which are now or later attached hereto will be deemed incorporated by this reference as if set forth in full herein.
Counterparts
This Terms of Use may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Terms of Use shall not be effective until the execution and delivery between each of the Parties hereto of at least one set of counterparts. The Parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original of this Terms of Use. Any one of such completely executed counterparts shall be sufficient proof of this Terms of Use.
Waivers
No waiver by any Party of any provision of this Terms of Use will be deemed a waiver of any other provision hereof or of any subsequent breach by any other Party of the same or any other provision. Any Party’s consent to, or approval of any act will not be deemed to render unnecessary the obtaining of that Party’s consent to or approval of any subsequent act by the Party seeking consent.
Assignments; Third-Party Rights
Neither Party may assign any of its rights or delegate any of its obligations under this Terms of Use without the prior written consent of the other Party. Subject to the preceding sentence, this Terms of Use will apply to, be binding in all respects upon, and inure to the benefit of the successors and permitted assigns of the Parties. This Terms of Use has been made and is made solely for the benefit of the Parties to the Terms of Use and their respective successors and permitted assigns. Nothing in this Terms of Use is intended to confer any rights or remedies under or by reason of this Terms of Use on any persons other than the Parties to it and their respective successors and permitted assigns. Nothing in this Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to any party to this Terms of Use.
The Terms of Uses, including the exhibits and schedules thereto, embody the entire Terms of Use and understanding between the Parties hereto relating to the subject matter hereof, and all prior or contemporaneous negotiations, Terms of Uses, and understandings, oral or written, are hereby revoked, cancelled, and rescinded, and are all merged herein and superseded thereby. The provisions of this Terms of Use may be waived, altered, amended, modified, or repealed, in whole or in part, only with the written Terms of Use of both Parties.
If you are aware of any violations of these Terms of Use or if you have any questions or comments regarding these Terms of Use, please contact us at info@jkbliving.com.
Any JKB marks contained on the Site are registered trademarks of JKB Living, Inc. All other trademarks used on the Site are the property of their respective owners.
We encourage and support an affirmative advertising and marketing program in which there are no barriers in obtaining housing because of race, color, religion, sex/gender, disability, familial status, national origin, or any other protected classes under state or local law.