TERMS
12Shores
Terms of Use | 12 Shores Terms of Use for 12shores.com

12 Shores Terms of Use

 

Please carefully read the following Terms of Use before using the www.12 Shores.com website (the “Site”). By accessing this Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site. Each time you use the Site, the current version of the Terms of Use will apply. Accordingly, when you use the Site, you should check the date of the Terms of Use (which appears at the top) and review any changes since the last version.

 

1. Modification

Carma Developers, LP, 188 Inverness Drive West, Suite 150, Englewood, Colorado 80112 (“Carma”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Any such modifications shall be effective immediately upon the posting of the new Terms of Use. Any use of this Site after any such modifications constitute your acceptance and agreement to be bound by the modified Terms of Use.

 

2. Copyright

All data and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site are the intellectual property of Carma, its licensors and its suppliers. The data is protected by copyright and other intellectual laws and all ownership rights remain with Carma, its licensors or its suppliers, as the case may be.

You may only use the data retrieved from our Site for your own personal, non-commercial purposes. Any other use, including the copying, distribution or redistribution of the data by caching, framing or similar means, or selling, reselling, re-transmitting or otherwise making the data retrieved from our services available in any manner to any third party is strictly prohibited.

 

3. Trademarks

CARMA, BLANCO VISTA, EASTON, PASO ROBLES, ASPEN HILLS, AUBURN BAY, CRANSTON, MCKENZIE TOWNE, NEW BRIGHTON, THE TERRACES OF SPRINGBANK HILL, TUSCANY, VALLEYVIEW ESTATES, WATERSTYLE, TWELVESHORES, 12 SHORES, TALLYN’S REACH, LAKE SUMMERSIDE, PARKLAND, TERWILLEGAN TOWNE, THE ORCHARDS, SHOAL CREEK VALLEY, BAYSHORE, BRIGHTON CROSSING, MIDTOWN, SOLTERRA, BROOKFIELD HOMES, and MALAHAT are the trademarks of Carma. All other brands and names on the Site are the property of their respective owners.

 

4. Accuracy of Information

While we make reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to the accuracy of any information appearing on the Site. We assume no liability or responsibility for any errors or omissions in the content of the Site.

 

5. Conditions and Prohibitions

As a condition of your use of this site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to, posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. Any violation of these Terms of Use immediately terminates without notice your permission to use this Site.

AS A FURTHER CONDITION OF YOUR USE OF THIS SITE YOU REPRESENT AND WARRANT TO CARMA THAT YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA. IF YOUR RESIDENCY IS OUTSIDE OF THE UNITED STATES, YOU MAY NOT USE THIS WEBSITE.

 

Additionally, you are specifically prohibited from using this Site or permitting or allowing others to use this Site to perform any action that (i) imposes an unreasonably large load on this Site’s infrastructure, including but not limited to, “spam” or other unsolicited mass emails, (ii) disclose or share any registration information with any unauthorized third parties, (iii) attempt to decipher, decompile, or reverse engineer any part of this Site, (iv) upload, post, email, or otherwise transmit to or from this Site information or content that you do not have a right to transmit under any state, federal, or foreign law, regulation, contract, or fiduciary relationship, (v) violate any applicable state, federal, or foreign law or regulation, (vi) use any robot, spider, intelligent agent, or other automatic device other than a web browser to search monitor or copy and pages or information on this site without our express written permission.

 

6. Registration, Accounts and Passwords

If you become a registered member and create an account on the Site, you agree to be responsible for: maintaining the confidentiality of passwords or other account identifiers which you choose and all activities that occur under such password or account identifiers. You agree to notify Carma of: (i) any loss of your password or account identifiers and (ii) any unauthorized use of your password or account identifiers. Carma will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

 

7. Links to Other Websites

This Site may contain links to websites operated by other people or companies. Those websites may have their own privacy policy or no privacy policy at all. Carma does not have any responsibility for those websites, and we provide the links solely for the convenience of our visitors.

 

8. Privacy Policy

Carma is committed to protecting the privacy of the visitors to its Site. For information on how information is collected, used, or disclosed by Carma in connection with your use of this Site, please consult our Privacy Policy.

 

9. Submitting Information to Carma

Carma does not want to receive confidential or proprietary information from you through this Site unless you have another written agreement with Carma related to the sharing of such information. Any information that Carma receives through its Site, other than your personally identifiable information and aggregate information covered by Carma’s Privacy Policy, will be deemed to be NON-CONFIDENTIAL and NON-PROPRIETARY. BY TRANSMITTING TO CARMA INFORMATION VIA THIS SITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH CARMA RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT CARMA MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU AND YOU AUTOMATICALLY GRANT CARMA, ITS AFFILIATES, AND SUBSIDIARIES AN IRREVOCABLE, ROYALTY-FREE, PERPETUAL, NON-EXCLUSIVE, WORLDWIDE LICENSE TO USE, COPY, DISPLAY, PUBLISH, MODIFY, AND EDIT SUCH SUBMISSIONS IN ANY FORM, MEDIA, OR TECHNOLOGY, WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, AND TO SUBLICENSE THESE RIGHTS TO ANYONE.

 

10. Disclaimer

THE DATA, INFORMATION, SERVICES, PRODUCTS FOR SALE/REDEMPTION AND MATERIALS CONTAINED IN AND/OR ADVERTISED ON THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY.

CARMA, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE. CARMA, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARMA, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF CARMA, ITS AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS .

 

FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CARMA’, ITS AFFILIATES’, AGENTS’, LICENSORS’, AND SUPPLIERS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

11. Limitation of Liability

IN NO EVENT WILL CARMA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE).

 

CARMA RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF CARMA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CARMA’, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

12. Indemnification

You agree to indemnify, defend and hold harmless Carma, its respective successors, assigns, affiliates, distributors, licensees and their past and present officers, directors and employees, representatives and agents from and against any suit, claim, liability, or proceeding in connection with any third party claim due to or arising out of your violation of these Terms of Use, including but not limited to any representations and/or warranties made hereunder.

 

13. Choice of Law and Forum

Unless otherwise specified, the content and information contained on this Site is presented solely for your convenience. This Site is controlled and operated by Carma from its offices within Englewood, Colorado, and Carma makes no representation that any content or information is appropriate or available for use in other locations. These Terms of Use shall be governed and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law rules. Any dispute arising out of or relating to this Terms of Use or your access or use of this Site will be subject to the exclusive jurisdiction of a state or federal court located within Denver County in the State of Colorado, and you hereby submit to the personal jurisdiction of any such court.

 

15. Entire Agreement

The provisions and conditions of these Terms of Use constitute the entire agreement between you and Carma and its affiliates or other related entities and supersedes any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between the Terms of Use and any future published Terms of Use or understanding, the last published Terms of use shall take precedence.