Legal

Terms and Conditions of Use of this Olson Homes Website

Effective 2/28/2013

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

The following terms and conditions (“Terms”) govern your use of this website and the materials accessible on or from this website (collectively, the “Website”). All users (“Users”) of this Website agree that access to and use of this Website is subject to the Terms. Olson Urban Housing, LLC, doing business as “The Olson Company”, and its subsidiaries and affiliated entities (“Olson”) provides this Website to you (“You” or “Your”) and each user “User”) subject to these Terms, other applicable laws, and Olson’s other policies, including our Privacy Policy.

You accept these Terms by accessing or using this Website in any manner, even if You do not create an Account at this Website. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, we do not knowingly provide products or services to children under the age of 13. This Website is a general audience site that is not designed nor intended to collect personal information from children. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. If You are using this Website this Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.

Olson may change these Terms at any time. The most current version of these Terms can be accessed at http://www.olsonhomes/terms. By continuing to access or use this Website, You accept any changes or revisions to the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE

General Terms and Conditions

The Terms apply to use of this Website by You and all Users. By accessing or using the Website, You and all Users agree to be bound by the Terms. Olson provides the information, services, text, graphic, links or other material on this Website to You and all Users conditioned on Your acceptance without modification of the Terms. The information offered on this Website is provided with the understanding that neither Olson nor any of its affiliated entities is engaged in rendering legal or other professional services or advice. The use of the Website is subject to the additional disclaimers, caveats and notices that may appear throughout the Website.
Accounts and Logins

You represent and warrant that all information You provide in connection with the creation of an account with this Website (“Account”) is accurate and true. You agree that, if any Account information changes, You will update Your Account to maintain accurate information.

In connection with Your creation of an Account, You will create a Login and Password. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.

If You believe that a third-party has gained access to Your Account, You agree to notify Olson by sending an email to privacyofficerl@olsonhomes.com. Olson reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated, Olson has no obligation to retain any data associated with Your Account.

Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.

To cancel Your Account at any time for any reason, You may do so by contacting privacyofficer@olsonhomes.com.

License to Use this Website

Olson grants You a personal, non-exclusive, non-transferable, limited and revocable license to use this Website subject to the Terms. You may use this Website and information acquired from this Website for Your own personal, non-commercial, lawful purposes. You may not use this Website in a manner that exceeds the rights granted for Your use.

Other than connecting to this Website by http or https request using a web browser, You may not attempt to access Olson’s servers or this Website by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to Olson’s servers or this Website. You may not use this Website to compile data for use by any commercial entity.

You agree not to disrupt, modify or interfere with this Website, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of this Website. You further agree not to alter or tamper with any information or materials on or associated with this Website.

Assignments

Olson may assign this agreement at any time without notice to You/its Users. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

Equal Housing Opportunity

All real estate information provided herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination.” Your state or local jurisdiction may impose additional requirements. Olson is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. Olson encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin. All dwellings within the United States advertised by Olson and its affiliated entities are available on an equal opportunity basis.

Specifications and Virtual Models

Despite Olson’s efforts to provide accurate information, it is not possible to completely ensure that the ever-changing information affecting its properties is up-to-date. The information contained on this Website may contain inadvertent errors or oversights. All information should be verified at the particular Olson community from which information is desired and should be confirmed at such time that You may wish to enter into a sales contract for the purchase of a home from Olson.

All virtual models are displayed for illustrative purposes only, and the homes and property actually available to You may differ. Nothing in any virtual display is intended as an agreement, representation, or commitment by Olson to deliver the home or property exactly as depicted in any such display. The virtual display is a computer rendition of the homes and the size, shape, building materials, colors and other features of the homes may differ from the actual as-built condition of the property. Square footage numbers are approximate and may vary depending on the standard measurement used. In addition, square footage and design may change from the original conceptual design throughout the actual construction process. Olson reserves the right to make any changes and substitutions to the models, plans, specifications, amenities, features, designs, dimensions, materials, fixtures and other elements of the homes and property and any residential development project of which they are a part. Prices and availability are subject to change without notice.

Any facilities labeled “proposed” or “future development” are in formative stages and there is no guarantee that they will be completed or developed in accordance with any plans or specifications, if at all. Olson cannot guarantee the continuation of any contiguous or nearby amenities in the area surrounding its communities.

References to home prices that may appear in the Web pages refer to the base house and do not include any optional features. Prices and terms are subject to change, prior sale, selected lot premiums and or predetermined options at any time and without notice. Photos or drawings of homes may show upgraded landscaping and may not represent the lowest-priced homes in the community. Floor plans will vary from the actual plans and homes built. Olson expressly reserves the right to make changes to its home designs, prices, available options and other features, and to build more or fewer homes than currently planned.

You should therefore consult a sales consultant and refer to the plans and specifications available at the sales center for the individual Olson community to satisfy yourself on details on any particular lot and any particular home design.

Home Financing

Financing programs described in these materials are available only through certain vendors specified by Olson, which may be affiliated with Olson. Home buyers are not required to obtain financing from these sources and may obtain financing from any lending institution. Any applications or other information submission pages contained in this Website are neither a full mortgage application nor a promise to provide a loan. For further information, please contact an Olson Home Advisor for information on the Olson community.

Homebuilder

Olson Urban Housing, L.P., a Delaware limited liability company, is a wholly owned subsidiary of Olson Urban Housing, LLC, and oversees construction of Olson homes and communities. Olson Urban Housing, L.P. is a licensed general contractor in California, CSLB #939166. See here.

Informational Purposes Only

The content provided on this Site is intended for informational purposes only and is not intended to be a legally binding offer or solicitation. All homes are subject to prior sale. Prospective purchasers must visit a sales office to purchase a home. Olson assumes no responsibility or liability for any actions taken as a result of using this Website, or for errors or omissions in content. Olson has no duty to keep the Website updated. Homes, prices and other information, including availability, is subject to change at any time, and the Website may contain inaccurate, incomplete or out of-date information. You should not assume that the Website information is current. For most current information, please contact an Olson Home Advisor for information on the specific Olson community.

Privacy Policy

Olson maintains a Privacy Policy describing its collection, retention, and use of information about users of this Website. This policy can be accessed at http://www.olsonhomes.com/privacy, and is incorporated herein by reference.

Links to Other Websites

You may find links to other Internet sites or resources on this Website that offer content, goods, or services. A link from this Website to a third party website does not imply endorsement of that website nor any ability to control that site’s contents, products or privacy practices. You acknowledge and agree that Olson has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; the availability or accuracy of any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.

Olson’s Intellectual Property – Service and Trade Marks

Olson is the exclusive owner of trademark rights in the following trademarks:
The Olson Company;
Olson Urban Housing;
In Town Living;
Olson Homes;
Olson Lifestyle;
Olson Lifestyle ~ Make it Your Own;
Alamitos Building, Inc.;
Alta Vista Walk;
Almaden Walk;
Anacapa Walk;
Arbor Walk;
Arden Walk;
Artisan Walk;
Artist Walk Lofts;
Brookside Walk;
Cabrillo Walk;
Candlewood Walk;
Carmenita Walk;
Carriage Walk;
Cedarbrook Walk;
Centennial Walk;
Cherry Tree Walk;
Citrus Walk;
Colonial Walk;
Crescent Walk;
Cypress Walk;
Depot Walk;
Encanto Walk
Estrella Walk;
Fair Oaks Walk;
Founders Walk;
Fountain Walk;
Gallery Walk;
Garden Walk;
Gateway Walk;
Hacienda Walk;
Harbor Walk;
Harmony Walk;
Harvest Walk;
Heritage Walk;
Ivy Walk;
Juliette Walk;
Kalesa Walk;
Laurel Walk;
Legacy Walk;
Lotus Walk;
Madison Walk;
Magnolia Walk;
Manchester Walk;
Manzanita Walk;
Maple Walk;
Maraposa Walk;
Marbrisa Walk;
Marina Walk;
Mariner Walk;
Metro Walk;
Mission Walk;
Mosaic Walk;
Oak Knoll Walk;
Oaktree Walk;
Orange Walk;
Orchard Walk;
Pacific Walk;
Palomares Walk;
Paradise Walk;
Parkside Walk;
Pepper Tree Walk;
Peppertree Walk;
Plaza Walk;
Plum Tree Walk;
Presidential Walk;
Promenade Walk;
Providence Walk;
Renaissance Walk;
Rio Vista Walk;
Rose Walk;
San Fernando Walk;
Santa Fe Walk;
Santa Rosa Walk;
Sausalito Walk;
Seascape Walk;
Soco Walk;
Solana Walk;
Studio Walk;
Sycamore Walk;
Sunset Walk;
Tapestry Walk;
Tesoro Walk;
Village Walk;
Vintage Walk;
Vine Street Walk;
Vineyard Walk;
Willow Walk;

and the The Olson Company family of “WALK” trademarks. Olson may own trademark rights in other marks not specifically listed here. Many of these trademarks and service marks are registered, or have registration applications pending, with the United States Patent and Trademark Office and the trademark offices of other countries and jurisdictions. Except as expressly authorized by Olson, You agree not to use any of Olson’s marks or any mark confusingly similar to any of Olson’s marks.

The entire content of information on this Website, including without limitation all images, videos, design, text, images, screen displays, software, photographs, press releases and other information, are copyrighted as a collective work and protected under the United States and other copyright laws, and are owned by Olson and/or used under license or permission from the copyright owner, and are protected under U.S. and international intellectual property laws.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

You agree not to reproduce, distribute, display or create derivative works of any part of this Website or any information presented to You through this Website, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on this Website, framing content from this Website, or creating any unauthorized derivative work. The information contained in this Website may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Olson’s prior written consent, except to the extent that such use is authorized under U.S. or other intellectual property laws. Olson’s logos, images, service marks and trademarks used on the Website are owned property of Olson and may not be used without prior written consent of authorized Olson officers.

Olson uses third party trademarks on this Website to identify the owners of those marks. Use of any third party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and this Website. All third party trademarks and logos are the property of their respective owners.

Submission of Confidential Information and Ideas

From time to time users submit ideas to Olson, either by email or in the course of a customer service interaction, for improving this Website or Olson’s communities, homes, and services. Olson has no obligation to treat this material as confidential information. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to Olson.

Intellectual Property Claims

If You believe that Your copyright has been infringed in any way by this Website, promptly provide in writing the following information to our Digital Millennium Copyright Act (17 U.S.C. §512) Designated Agent:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Olson to locate the material;

Information reasonably sufficient to permit Olson to contact You, such as an address, telephone number and e-mail address;

A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for this Website is:

The Olson Company
Attn: DMCA Designated Agent/General Counsel
3010 Old Ranch Parkway, Suite 100,
Seal Beach, CA 90740

Or fax to: (562) 430-4742, Attn: General Counsel/DMCA Designated Agent

If You believe that Your other intellectual property or publicity rights have been infringed in any way by this Website, please provide a detailed description of the alleged infringement for further investigation via e-mail to privacyofficerl@olsonhomes.com. Olson actions in receiving, investigating, or responding to Your e-mail shall not constitute Olson’s agreement or verification of Your claim(s) nor any admission of liability therefor. Olson makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.
Notification

Any notices to be given to Olson under these Terms shall be made in writing to privacyofficer@olsonhomes.com or to the following address:

The Olson Company
Attn: DMCA Designated Agent/Chief Information Officer
3010 Old Ranch Parkway, Suite 100
Seal Beach, CA 90740

You agree that Olson can send You electronic notices to the e-mail address that You provided to Olson in creating Your Account or by displaying the notice on this Website. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that Olson may deliver notice to you by written communication delivered by first class U.S. mail or courier service to your address on record in Your Account.

Representations or Warranties

Olson makes no representation or warranty of any kind with respect to the materials and information contained on this Website.

YOU USE THIS WEBSITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM THIS WEBSITE, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF OLSON HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OLSON PROVIDES THIS WEBSITE, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND OLSON SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO THE USE OF, OR THE MATERIAL ON, THE WEBSITE SHALL BE TO DISCONTINUE ACCESSING THE WEBSITE AND CEASE FROM USING THE INFORMATION OR MATERIAL OBTAINED.

YOU AGREE THAT OLSON SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF, OR RELIANCE UPON THE WEBISTE OR ANY OF ITS CONTENT.

NO INFORMATION OR ADVICE PROVIDED ON THIS WEBSITE, BY OLSON, OR BY OLSON’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.

OLSON MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:

AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT;

THAT THIS WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE;

THAT THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;

AS TO THE QUALITY OR VALUE OF ANY OF OLSON’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU OBTAIN VIA THE WEBSITE; OR

THAT ANY ERRORS ON THIS WEBSITE WILL BE CORRECTED.

Limitation of Liability

To the fullest extent permitted by applicable law, Olson, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors and assigns, shall have no liability, relating to Your use of or access to (or inability to access)this Website, your use of any information or material contained therein, for:

Any and all claims for damages for actual, consequential, incidental, exemplary, special, or punitive damages even if Olson is advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or

For direct damages, actually proven, exceeding US$1,000.00. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

Olson reserves the right, at any time, in Olson’s sole and exclusive discretion, to amend, modify, suspend, or terminate this Website, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Olson shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

Indemnification

You agree to defend, indemnify, and hold Olson, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of this Website.

Olson reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify Olson. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from Olson.

Choice of Law and Venue for Resolving Disputes

The internal laws of the State of California govern this contract and any claims relating to the materials on this Website or dispute that You may have against us, without regard to its conflict of laws rules.

The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

You further agree that any disputes or claims that You may have against us will be exclusively resolved by a court located in Orange County, California, USA. You irrevocably consent to the venue and jurisdiction of such courts.

BY AGREEING TO THESE TERMS YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST OLSON BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Severability

If any term of this Agreement is declared unlawful, void or unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of the remaining terms.

English Language

Various portions of the Website may include non-English language, including but not limited to Spanish, Vietnamese or Chinese, and are provided for Your convenience. Olson makes no representation or warranty as to the accuracy or completeness of the translation provided and undertake no further obligation to interact with You in that language. Olson conducts its business in American English and You should anticipate any further contact with Olson or Olson Home Advisors will be in English. If you elect to purchase a home from Olson, the home purchase agreement and any supplemental information and correspondence from Olson, including homeowner warranties and maintenance manuals, will be written in English, and all Olson personnel, including its Home Advisors and Homeowner Satisfaction personnel, speak English.

Entire Agreement

These Terms and any policies posted on this Website constitute the entire contract between You and Olson and supersede all previous written or oral contracts regarding this Website and its usage. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.