PRIVACY STATEMENT AND TERMS OF U

PRIVACY STATEMENT AND TERMS OF USE AGREEMENT

PLEASE READ THIS PRIVACY STATEMENT AND TERMS OF USE AGREEMENT (“AGREEMENT”) BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.

Orchard Park of Clewiston, LLC (“Orchard Park”) retains the right to modify this Agreement at any time, and such modification(s) shall be effective immediately upon posting of the modified Agreement on this website. You agree to review the Agreement periodically to be aware of such modification(s), and your accessing this website constitutes your acceptance of the Agreement as it appears at the time of your access.

The website contains information, data, and other content (“Material”) relating to the Orchard Park of Clewiston residential development and the purpose of this website is to provide you with general information relating to this residential development. The Material is subject to change at any time and without notice. Inaccuracies or errors in the Material may exist and Orchard Park shall not be responsible or liable in any way for any losses or damages of any kind whatsoever which you may incur in connection with this website and/or your use thereof, including, without limitation, any inaccuracies or errors that may exist. Orchard Park reserves the right to change any and all Material, and to correct any such inaccuracies or errors that may exist, at any time and without notice.

PRIVACY STATEMENT

Any information or communication you transmit to the website by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Any information or communication transmitted to the website becomes the property of Orchard Park and may be used by Orchard Park for any purpose.

EQUAL HOUSING OPPORTUNITY

Orchard Park is pledged to the letter and spirit of The Fair Housing Act, 42 U.S.C. §§ 3601 et seq., which prohibits discriminatory practices and the making of housing unavailable to persons because of race, color, religion, sex, national origin, familial status, or disability. Orchard Park is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. Orchard Park encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, national origin, familial status, or disability.

NO OFFER TO BUY OR SELL

The Material shall not be construed or deemed to constitute an offer to sell any of the homes described or referred to on this website, or be an offering or a solicitation in those States where prior registration is required. Offers to purchase homes in the Orchard Park of Clewiston residential development may only be made and accepted at the sales center located at the site of the development and by execution of a written purchase contract by the parties thereto.

MATERIAL SUBJECT TO CHANGE

All Material (including prices, plans, elevations, specifications, features, and options for the model homes displayed on this website) are subject to change at any time and without notice, and do not include optional features or premiums for upgrades. From time to time, price changes may have occurred that are not yet reflected on this website. Plans are only for illustrative and conceptual purposes. All measurements including, but not limited to, room dimensions and ceiling and wall heights are approximate and may vary from those shown as a result of, among other things, construction materials and practices. In production, plans and elevations may vary in precise details and dimensions, and may not actually be constructed as shown.

IMPORTANT DISCLAIMER INFORMATION

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ORCHARD PARK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL AND LINKS, OR ABOUT THE USE OR RESULTS OF THE USE OF MATERIAL. YOU AGREE THAT ORCHARD PARK WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE MATERIAL PROVIDED ON THIS WEBSITE. ORCHARD PARK CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT MATERIAL AVAILABLE FOR DOWNLOADING OR PRINTING FROM THIS WEBSITE WILL BE FREE OF INFECTION, VIRUSES, WORMS, OR OTHER CODE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES.

LIMITATION OF LIABILITY

NEITHER ORCHARD PARK, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR THE MATERIAL SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT LOSS OR DAMAGES, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME STATES AND COUNTRIES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ALTHOUGH ORCHARD PARK ATTEMPTS TO ENSURE THE INTEGRITY OF THE WEBSITE, A POSSIBILITY EXISTS THAT THE WEBSITE COULD INCLUDE INACCURACIES OR ERRORS, OR UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS MADE BY THIRD PARTIES TO THE WEBSITE. ORCHARD PARK MAKES NO GUARANTEES WHATSOEVER THAT THE WEBSITE WILL BE FREE FROM HUMAN OR MACHINE ERRORS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA, OR THAT ALL FAILURES WILL BE CORRECTED.

INTELLECTUAL PROPERTY INFORMATION:

Unless otherwise noted, all Material (such as images, photographs, illustrations, icons, texts, and other materials) is owned by Orchard Park or by third parties, and is protected under copyright laws. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any Material in any way for any public or commercial purpose unless prior written consent is obtained from Orchard Park or the respective copyright holder(s). Furthermore, you may not use or display Material on any other website or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use Material will automatically terminate and you must immediately destroy any copies you have made of Material. The website is maintained for your personal information. You may download on one computer or print one copy of the Material for your own non-commercial, private use only, provided the copyright notices appearing on the Material downloaded, “Copyright 1999 Orchard Park, Inc. All Rights Reserved,” is included. By downloading Material from the website, you agree that you do not acquire any ownership rights to such downloaded Material.

TRADEMARK NOTICE

The “Orchard Park” name and logo is a trademark and service mark of Orchard Park of Clewiston, Inc. You may not use any trademark or service mark appearing on the website without the prior written consent of the owner of the mark.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Orchard Park, its owners, its affiliated companies, its employees, contractors, and officers and directors from and against all losses, liability, expenses, damages, and costs, including reasonable attorney’s fees, arising out of or related to any breach of this Agreement, or any activity in connection with use of the Material or the website by you or any other person accessing the website using your account.

LINKS TO OTHER WEBSITES AND SERVICES

The website provides links to other websites that can offer useful information or services. The inclusion of any link to such websites does not imply endorsement or control by Orchard Park of the websites. Orchard Park is not responsible for the policies or any actions of any third parties who control such third-party websites. Please contact the parties controlling these websites for relevant information about their collection of data and other policies.

VOID WHERE PROHIBITED

Although the website is accessible worldwide, not all products or services that are discussed or referenced in or on the website are available to all persons or in all geographic locations or jurisdictions. Orchard Park reserves the right to limit the availability of the website and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in Orchard Park’s sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the website is void where prohibited.

JURISDICTIONAL ISSUES

Orchard Park controls and operates the website from our offices in the United States of America. Orchard Park does not represent that Material on the website is appropriate or available for use in other locations. Persons who choose to access this website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.

TERMINATION

Orchard Park may terminate your use of the website if you violate or act inconsistently with the terms of this Agreement, or violate the rights of Orchard Park or any third party, or for any reason with or without notice to you. The provisions entitled “Important Disclaimer Information” and “Limitation of Liability,” will survive termination of this Agreement.

GENERAL PROVISIONS

Orchard Park may modify or discontinue the website, with or without notice to you. Orchard Park will not be liable to you or any third party as a result of such modification or discontinuation. Your use of the website after any such modification shall be deemed to constitute your acceptance of such modification. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. These terms will be governed by and construed in accordance with the laws of the State of Florida without regard to its conflicts of law provisions. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in Hendry County in the State of Florida, and waives any jurisdictional, venue or inconvenient forum objections to such courts.