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TERMS OF USE AND PRIVACY POLICY


Legal/Privacy

Welcome to the Web site ("Site") of Capital Pacific Homes ("CPH," "we," or "us"), www.capitalpacifichomes.com. We have set out below certain Terms of Use, which govern your use of this Site. Additional terms and conditions may appear on this Site with respect to particular web-based features, and those terms and conditions are hereby incorporated by reference. We also include our online Privacy Policy to inform you about how we use personal information that you provide to us via this Site. Please read this Terms of Use statement and our Privacy Policy carefully before using this Site. Your use of this Site constitutes your agreement to these Terms of Use and our Privacy Policy.

Capital Pacific Homes reserves the right, in its sole discretion, to modify, alter, or otherwise change these Terms of Use or our Privacy Policy at any time with or without notice. Please review the Terms of Use statement and our Privacy Policy periodically for changes. Your continued use of the Site constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must immediately discontinue use of the Site.

PRODUCT INFORMATION MAY BE INCOMPLETE AND IS SUBJECT TO CHANGE. The renderings, illustrations, floor plans, landscaping and maps are an artist's conception for the sole purpose of illustrating possible development of the properties depicted and are not an actual depiction of the buildings, fencing, walks, driveways or landscaping and are not necessarily to scale. Window locations and sizes as well as specific detailing may vary with different elevations. All square footage is approximate. Actual development may differ from that depicted or may not occur. Development not depicted may be commenced in the future. Capital Pacific Homes makes no warranties or representations of any kind or character, express or implied, with respect to the matters depicted or covered. In a continuous effort to improve our product and to meet changing market conditions, CPH reserves the right, in our sole discretion, to modify maps, floor plans, design, features, exteriors, colors, construction materials, construction methods, specifications, product types, prices and/or terms without prior notice.

DISPLAY ITEMS MAY NOT BE INCLUDED IN SALE. The model homes for the projects have been professionally decorated to illustrate various decorator items. Except as specifically provided in a purchase and sale agreement between a purchaser and Capital Pacific Homes, various features and amenities displayed in the model homes (in addition to furnishings and accessories) are for display only and are not included in the production homes, including draperies, custom floor covering and wall covering, coordinated paint, built-in shelves, special ceiling treatment, washer, dryer, refrigerator, sound systems, security systems, custom lighting fixtures, custom plumbing fixtures, railings, window coverings, shutters, mirrored walls, mirrored wardrobe doors, and clear glass shower enclosures. Yards for the model homes have been professionally landscaped to show a variety of potential uses. Except as specifically provided in a purchase and sale agreement between a purchaser and CPH, items such as plants, trees, shrubs, ground cover, drains, irrigation facilities, fencing, overhead structures, trellises, patio covers, gazebos, patios, decks, custom walkways, fountains, spas and certain other improvements are for display only and are not included in the production homes.

FLOOR PLANS. The blueprint drawings, plot plans, grading, drainage and improvement plans for homes all contain dimensions, which are approximate. They are not intended to be precise dimensions with regard to a particular project. Construction will be performed in substantial conformance with such plans, but dimensions may change slightly from the plans. In addition, such plans are subject to modification from time to time without prior notice. Such modifications may or may not be evidenced by written change orders. Due to changing market conditions, Capital Pacific Homes makes no warranties or representations of any kind or character, express or implied, (a) that the current floor plans will be constructed on all lots of a particular project; or (b) whether prices, terms or conditions of sales in the current or future phases will change (decrease or increase). Capital Pacific Homes specifically reserves the right to (i) construct additional floor plans (i.e., plans other than existing floor plans) on any of the lots of a particular project, (ii) eliminate certain floor plans, and/or (iii) modify existing floor plans.

PRICING. The real estate market reacts to economic and other conditions, which may cause the price of housing to fluctuate. Similar to any other investment, the purchase price of housing may increase or decrease depending upon current market conditions, which conditions are beyond the control of Capital Pacific Homes. At the sole discretion of CPH, and without prior notice, the purchase price, terms of purchase, product type, availability or discontinuance of upgrades and other concessions, whether for the current phase or any proposed or future phase of a particular project (which may apply to one unit, several units or all units within a phase or project), are subject to change from time to time. The purchase price of homes within a particular project will change (decrease or increase) from time to time at CPH's sole discretion depending upon market conditions and other factors. Capital Pacific Homes shall not be liable for any possible change (decrease or increase) in the purchase price of homes within a particular project or any other terms of purchase, including, without limitation, discounts, upgrades or other concessions or incentives offered by CPH on a lot-by-lot basis to other purchasers of homes within a particular project, the construction of any additional floor plans on any of the lots in a particular project, the elimination of certain floor plans, and/or the modification of existing floor plans. CPH makes no warranties or representations of any kind or character, express or implied, concerning market conditions or the marketability of any unit subsequent to the purchase thereof.

FORWARD-LOOKING STATEMENTS. Certain statements contained in this Site may include "forward-looking" information, as defined by the Private Securities Litigation Reform Act of 1995. Such statements involve risk and uncertainty, including projections and assumptions regarding the business environment in which the Capital Pacific Homes operates. Actual future results and trends may differ materially depending on a variety of factors, including CPH's successful execution of internal performance strategies; changes in general national and regional economic conditions, such as levels of employment, consumer confidence and income; uncertainty arising from acts of terrorism and similar factors; availability to homebuilders of financing for acquisitions, development and construction; availability to homebuyers of permanent mortgages; interest rate levels; the demand for housing; supply levels of land, labor and materials; difficulties in obtaining permits or approvals from governmental authorities; difficulties in marketing homes; regulatory changes and weather and other environmental uncertainties, including water and power shortages; competitive influences; the outcome of pending and future legal claims and proceedings; and other influences.

NO OFFER TO SELL. No information presented on this Site shall be construed as an offer or solicitation for sale. You cannot purchase a CPH property or make a contract to buy or finance a home through the Internet. To obtain more information about the homes described on this Site, please contact the Community Sales Agent indicated for the community in which you are interested.

NO TAX, INVESTMENT OR LEGAL ADVICE. All content presented on this Site is solely for informational and promotional purposes. Capital Pacific Homes does not intend to offer tax, investment or legal advice of any kind. All users of the Site are expressly advised to consult with their own tax, investment and/or legal professionals prior to making any investment or purchase decision. Your use of this Site constitutes your acceptance and agreement that you shall not rely on any content presented on this Site to make any investment or purchase decision.

No sales representative, employee or agent of Capital Pacific Homes has the authority to make (nor shall any purchaser have the right to rely upon) any representation to a purchaser which contradicts or modifies the matters and information set forth in these Terms of Use, in a purchase and sale agreement between CPH and a purchaser, or in any other written disclosure provided by CPH in connection with a project. Purchasers are recommended and shall have the opportunity to retain and consult qualified professionals regarding the purchase of a residence prior to entering into a purchase and sale agreement with Capital Pacific Homes. Purchasers shall rely upon their own inspection, investigation and analysis of a residence in purchasing such residence.

EQUAL HOUSING OPPORTUNITY. The information provided on this Site is subject to the Federal Fair Housing Act, under which it is illegal to advertise "any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination." Capital Pacific Homes fully complies with federal, state and local law and all residences are available on an equal opportunity basis.

DISCLAIMER OF WARRANTIES. Although Capital Pacific Homes attempts to provide accurate information, CPH does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.

THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CAPITAL PACIFIC HOMES MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.

CAPITAL PACIFIC HOMES, ITS AFFILIATES, SUPPLIERS AND SERVICE PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. CAPITAL PACIFIC HOMES UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF ANY INFORMATION PROVIDED ON THE SITE.

LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES WILL CAPITAL PACIFIC HOMES, ITS AFFILIATES, SUPPLIERS, OR ANY OTHERS INVOLVED IN CREATING THIS SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THIS SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED CAPITAL PACIFIC HOMES IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

USE OF INTELLECTUAL PROPERTY. The Site, and all of its contents, including but not limited to articles, other text, floor plans, elevations, photographs, images, illustrations, graphics, video material, audio material, software, Capital Pacific Homes logos, titles, characters, names, and button icons (collectively the "intellectual property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by CPH or by other parties that have provided rights thereto to CPH. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.

You may browse through the Site and occasionally download small amounts of material appearing on the Site that are of personal interest to you for your personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.

PERSONAL PROFILE, SECURITY, PASSWORDS. Accessing some portions of the Site requires you to create a personal profile, and to obtain such access it is your obligation to complete the registration process by providing us with current, complete and accurate information as requested on the profile creation form. It is your responsibility to maintain the currency, completeness and accuracy of your profile data and any loss caused by your failure to do so is your responsibility. After you have completed a profile creation form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of any passwords and user names. Additionally, you are entirely responsible for any and all activities that occur under your profile. You agree to notify Capital Pacific Homes immediately of any unauthorized use of your profile. CPH is not liable for any loss that you may incur as a result of someone else using your password or user name, either with or without your knowledge.

PROPER USE OF OUR SITE. You may not use this Site for any purpose that is unlawful or prohibited by this Terms of Use statement, or cause damage on or through the Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law. Your access to the Site may be terminated immediately in CPH's sole discretion, with or without notice, if you fail to comply with any provision of this Terms of Use statement.

MODIFICATION/TERMINATION BY CPH. Capital Pacific Homes reserves the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof, and/or your profile and password, at any time for any reason with or without notice to you. Any termination of your account removes your authorization to use any password-protected portions of the Site. In the event of termination, you will still be bound by your obligations under these Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, CPH shall not be liable to you or any third party for any termination of your access to the Site.

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Capital Pacific Homes, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your use of the Site in a manner that violates or is alleged to violate these Terms of Use, any applicable law, or any warranty you provide herein, or otherwise arising in any way out of your use of the Site. CPH reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with CPH in asserting any available defenses.

LINKS. The Site may contain links to Web sites operated by third parties. Capital Pacific Homes does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for, the accuracy, completeness, timeliness, reliability or availability of any of the content uploaded, displayed, or distributed, or products or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply CPH's endorsement, sponsorship, or recommendation of the third party or of the content, products or services contained on, or available through, the site.

FEEDBACK AND SUBMISSIONS. Except as described below in this Site's Privacy Policy, any material, information or ideas you submit to this Site will be deemed a grant of a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called "moral rights" have been waived. If any court determines that CPH does not retain exclusive ownership of any such material, information, or ideas, then CPH retains a non-exclusive license to use them.

PRIVACY POLICY. Capital Pacific Homes knows that privacy is a major concern of visitors to our Site. Our Privacy Policy describes the personally identifiable information we collect on our Site, how we use it, and when we share it with third parties. This Policy applies only to personally identifiable information collected via this Site, and does not apply to information that is collected offline (such as information you may provide over the phone or when meeting with a CPH Community Sales Agent). This Privacy Policy is effective as of October 01, 2004.

Personal Information Generally

You can send us your personally identifiable information in a variety of ways. If you communicate with us by email or through an online form on this Site, we will collect your name, email address, and any additional information that you choose to provide. Online forms permit you to ask questions, indicate areas of interest in our products and services, request updates about CPH homes or request a contact from one of our Sales Agents.

Participating in some online services will require you to create a personal profile, which will provide you with easy access when you return to this Site. You may update your profile after you log on using your user name and password.

We use your personal information to provide you with the information or services that you have requested. We also may use this information in order to contact you as part of a promotion and to develop products, services, and marketing programs. This process may include combining personal data drawn from online and offline sources. We do not sell or rent to third parties any of the personally identifiable information that consumers provide to us online, but we may share your information with our affiliates, agents, advisors and business partners, as permitted by law. We may need to share your information with these third parties in order to fulfill your requests. Please note that our affiliates and business partners may wish from time to time to extend special offers to you on their own behalf, as permitted by law.

Mortgage Application Information

If you begin the mortgage application process by using our online loan application form, we will collect your name, contact information, social security number, date of birth, and certain financial and employment information that you must enter on the form. By submitting this information, you agree that Capital Pacific Homes may use and disclose such information as permitted by law in order to process your application, which may include sharing information with our agents, affiliates, business partners (such as mortgage brokers) and advisors. Loan application forms may include additional terms describing how we handle your personal information, and those terms are hereby incorporated by reference. Our affiliates and business partners may, as permitted by law, use your loan application information to extend special offers to you on their own behalf.

Job Application Information

We may collect personally identifiable information from persons interested in applying for a job with Capital Pacific Homes. By submitting job application information, you agree that CPH may use and disclose the information in order to consider your application. Job application information you submit will not be used for marketing purposes, but such information may be disclosed to our business units, agents, affiliates and other third parties as part of our consideration of your application. We do not authorize unaffiliated third parties to use your personal job application information for any purpose other than consideration of your application. Capital Pacific Homes is an equal-opportunity employer and does not discriminate on the basis of race, color, gender, ethnicity, national origin or religion.

Site Usage Information

Like most Web sites, this Site gathers traffic patterns, site usage information and other aggregated data in order to evaluate our visitors' preferences and the effectiveness of our Site. This aggregate usage data does not identify you individually. We may share anonymous, aggregated statistics about visitors to our Site with others outside our company, or we may allow third parties to collect aggregate data through our Site.

Cookies

Like many other Web sites, we use "cookie" technology to improve your experience at our Site. Cookies are small pieces of data that we may place in your computer's browser to store your preferences or help "remember" information you previously gave us. This allows us to customize the Site for you. Cookies themselves do not identify you personally, but may be linked to personally identifiable information that you provide to us through your interaction at our Site. You may set your browser not to accept cookies, but if you do so, certain areas of our Site may not function properly on your computer. We also may use Web beacon or other technologies to tailor our Site to provide better customer service. When a visitor accesses pages in which Web beacons are in use, a non-identifiable notice of that visit is generated which may be processed by us. These Web beacons usually work in conjunction with cookies. If you turn off cookies, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.

Required and Authorized Disclosures

We will disclose personally identifiable information to law enforcement agencies or others if we believe we are legally required to do so. In addition, certain legal authorizations allow us to disclose personally identifiable information in emergency situations. We may also make disclosures that are necessary or advisable to protect the rights, safety or property of Capital Pacific Homes or others.

Children's Privacy

Capital Pacific Homes recognizes the importance of protecting the privacy of children. We do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults, and your disclosure of personally identifiable information to this Site is your representation to us that you are an adult.

Security of Your Personally Identifiable Information

Our Site employs security measures appropriate for the type of personally identifiable information we collect online. Certain areas of the Site, such as the online loan application form, use secure socket layer (SSL) encryption to protect data transmissions. Although we cannot guarantee that there will never be a security problem, we and our agents, affiliates and business partners that have access to your personal information use care to guard against the loss, misuse or alteration of the information we collect on our Site.

Sale of Company or Assets

The compilation of information collected through our Site is considered a trade secret of Capital Pacific Homes. As the owner of such information, we may disclose, transfer, or sell the information to one or more third parties as an asset of the company in conjunction with due diligence for or completion of a merger, reorganization, recapitalization, financing or sale of our company or a portion of our assets, debt or equity. Changes to this Privacy Policy might also result from changes in our corporate status.

Links to Other Sites

As indicated above, our Site may provide links to Web sites not operated by Capital Pacific Homes. CPH has no control or authority over these third party sites, and we assume no responsibility for their privacy practices. We recommend that you review a third party site's privacy policy before submitting information.

GENERAL LEGAL PROVISIONS.

Capital Pacific Homes' Terms of Use statement and Privacy Policy, and any disputes arising under or related to these documents or this Site, shall be governed by, construed and enforced in accordance with the laws of California, without regard to conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in Orange County, California, where we have our headquarters. You agree to submit to the personal jurisdiction and venue of the courts of the State of California for any legal proceeding involving the Site, regardless of who initiated the proceeding.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability in some circumstances. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Capital Pacific Homes' aggregate liability to you or any third party for damages, losses, and causes of action involving this Site or its content exceed the amount paid by you, if any, for accessing the Site or $100, whichever is less. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.

No delay or failure by Capital Pacific Homes to enforce any of these Terms of Use or Privacy Policy provisions shall constitute a waiver of any of our rights under these documents. Neither the receipt of any funds by CPH nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use or Privacy Policy. Only a specific, written waiver signed by an authorized representative of Capital Pacific Homes shall have any legal effect.

If any provision of this Terms of Use statement or Privacy Policy, or the application thereof to any person or circumstance, is held invalid or for any reason unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect.

CONTACT. If you have questions regarding our Terms of Use statement or our Privacy Policy, please contact us by sending an email to info@cph-inc.com, calling our customer service line at (949) 622-8400, or writing to us at CPH Holding, LLC, 4100 MacArthur Blvd., Ste. 120, Newport Beach, California 92660.

Capital Pacific Homes' name, design, logos and related marks are registered trademarks of CPH Holding, LLC. All rights reserved.