Website Terms of Use
Last Updated: November 2nd, 2022
IMPORTANT: PLEASE REVIEW THE BINDING ARBITRATION/CLASS ACTION WAIVER SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GRANVILLE ON AN INDIVIDUAL BASIS (WAIVING YOUR RIGHT TO A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THESE TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS BINDING ARBITRATION/CLASS ACTION WAIVER AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THESE TERMS OF USE ALSO CONTAINS RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON ASSUMPTION OF RISK, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE REVIEW THEM CAREFULLY.THESE TERMS OF USE SET FORTH BELOW GOVERN YOUR USE OF THE SITE.GENERAL TERMS AND CONDITIONS
The following Terms of Use apply to all use of this Site by its users ("Users", “you”, “your”). By accessing or using the Site, each User agrees to be bound by the Terms of Use. Granville provides the information, services, text, graphics, links or other material (the "Content") on this Site to the User, conditioned on the User’s acceptance, without modification, of these Terms of Use.
You must be age 18 or older to use this Site.
The Content offered on this Site is provided with the understanding that neither Granville, nor any of its affiliated entities, is engaged in rendering legal or other professional services or advice. The use of the Site is subject to the additional disclaimers, caveats, and notices that may appear throughout the Site.
You may need a password to login to your account, and to use or access certain functions and areas within the Site. You are responsible for maintaining the confidentiality of your password and account, and you agree to notify Granville if your password is lost, stolen, or disclosed to an unauthorized third party or is otherwise potentially compromised. You are responsible for all activities that occur under your account, and Granville is not responsible for any unauthorized use of your account in the event that your password is stolen or revealed to a third party. You agree to immediately notify Granville of any unauthorized use of your account or of any other breach of security in relation to your account that is known to you. Granville provides you with tools to change your password and to otherwise edit or safeguard your account on your account settings page.
ADDITIONAL TERMS
Our Privacy Policy and other agreements or notices applicable to your use of the Site including, without limitation, to create an account, reserve a property, execute contracts, make deposits, or submit loan applications are incorporated by reference into these Terms of Use (the “Additional Terms”), as updated from time to time. BY ACCESSING OR USING THE SITE, YOU ACCEPT THESE ADDITIONAL TERMS. We will make Additional Terms available for you to read through the Site. If you do not agree to abide by the Additional Terms, you automatically opt out of and are prohibited from using the Site. If you violate the provisions of the Additional Terms, Granville may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the Site in whole or in part. By continuing to use the Site, you agree to the Additional Terms and any future amendments and additions to the Additional Terms as published from time to time through the Site. Please review the Additional Terms periodically to ensure you are up-to-date with any changes.
DISCLAIMER
Granville, its affiliated companies, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Site, or any websites accessible through this Site. While Granville aims to keep the Content on this Site updated, accurate, and complete, Granville, its agents, and affiliated companies will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of Content of this Site.
As mentioned above, the Content on this Site is shared in order to provide Users with information about communities and developments of Granville. The Content is not intended to constitute an offer to sell. Any prospective purchaser or lessee of a Granville home, apartment or other property must take certain steps and satisfy numerous qualifications, terms and conditions including, without limitation, obtaining loan approval from an approved lender, reviewing and executing a purchase and sale agreement or lease, and/or payment of deposits or other monies. User may also be able to reserve homes, favorite or rate homes, or engage in other similar functions through the User’s own account. Granville may display the number of Users that have favorited and/or rated a home, floor plan or listing, but will not display which Users favorited or rated a home, floor plan or listing. When reserving a home, Users must still qualify and pass all Granville requirements by submitting certain applications and information to Granville or its affiliates, including Granville Home Loans, Inc., which will include uploading a photo of your driver’s license. Users are strictly prohibited from uploading social security cards or social security numbers.
Square footages and dimensions of homes or other properties are approximate and may vary in construction and depending on the standard of measurement used, engineering and municipal requirements, or other site-specific conditions. Granville makes no guarantees with respect to any information provided on the Site and disclaims any warranties with respect to the accuracy of any mortgage calculators or other features of the Site, or of any floor plans, square footage estimates, or other information on the Site. The mortgage calculator and any other features are for informational purposes only and are not an offer or a guarantee of a loan or an interest rate. Granville makes no representation or guarantee regarding the investment status or future value of any home or lot. All renderings, elevations, and floor plans are an artist's conceptual drawings and may vary from actual plans and homes as built.
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS," "WHERE IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GRANVILLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GRANVILLE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GRANVILLE, ITS AFFILIATES, AND/OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY DIRECT DAMAGES COSTS, LOSSES, OR LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE GREATER OF ONE HUNDRED ($100) DOLLARS, EVEN IF GRANVILLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, GRANVILLE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
EQUAL HOUSING OPPORTUNITY
Granville is an equal opportunity builder, and encourages and supports affirmative advertising and marketing programs in which there are no barriers to home ownership because of race, color, religion, gender, handicap, familial status, or national origin. All homes advertised by Granville are available on an equal opportunity basis.
PRICING
Although every effort has been made to ensure the prices and terms contained on the Site are accurate and current, at any time prices are subject to change prior to sale based on such variables as selected lot premiums and/or predetermined options. Prices shown refer to the base house and do not include any optional features.
COMMUNITIES
The description of communities and amenities contained on the Site represent the current plans for those communities and are not guaranteed, and may change without notice. Granville cannot control future development and does not guarantee the preservation of any view or the natural environment surrounding its communities.
FLOOR PLANS
The plans and elevations featured on the Site are artist renderings and may contain options that are not standard on all models. We reserve the right to make changes to floor plans, dimensions, and available options without prior notice. The dimensions and square footages provided are approximations and should not be used as representative of the home’s actual size.
SUBSTITUTIONS
The specific features of a home may vary from home to home and from one another. Granville reserves the right to substitute equipment, materials, appliances and brand names with items of equal or higher value in Granville’s sole opinion. Color and size variations may occur to the aforementioned. Granville reserves the right to change prices, floor plans, specifications, elevations, features, colors, prices and other terms without notice or obligation.
LINKS TO AND FROM THIS SITE
Granville does not have and shall not be liable for the accuracy or availability of information provided by websites which are linked to the Site. Links to external websites are provided as a convenience to Users and do not constitute an endorsement by Granville of such websites or the conduct, products, advertising, or other materials presented on such websites, including any changes or updates thereto.
INTELLECTUAL PROPERTY
Granville maintains this Site as a convenience to Users and its use is a privilege to the User. Access and use of this Site is subject to these Terms of Use and to all applicable laws regulating the Internet and those relating to the use of information. The use of this Site is also subject to all applicable laws involving copyrighted materials and intellectual property.
Granville’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Granville or its affiliates or licensors. You must not use such marks without the prior written permission of Granville. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners. Unless otherwise specified in these Terms of Use, all information and screens appearing on this Site, including documents, services, Site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of Granville, © 2022. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
UNSOLICITED IDEA SUBMISSION POLICY
Granville, its employees and its agents do not accept, review or consider any unsolicited ideas, works, materials, proposals, suggestions, artwork, content, designs, floorplans, product designs or the like, including for home construction, architectural plans, advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (collectively, all of the foregoing "Submissions"). Please do not send or provide any Submissions in any form without limitation to Granville or any of its employees or affiliates online, via mail, courier, email, phone, social media platforms or any other electronic communication, in person, to our registered agent, or at any of our offices, sales offices, design studios, construction sites, other company properties, industry events, trade shows, or any other means of communication or locations for Granville and its employees, affiliates or its agents.
The purpose of this policy is to avoid all potential misunderstandings or disputes when Granville home construction, architectural plans, floorplans, designs, products, product designs, services, technologies, advertising, promotions, marketing strategies or content might seem similar to Submissions provided to Granville. If, despite our request that you not send Granville your Submissions, you still submit them, then regardless of what you or your correspondence states, the following terms will apply to your Submissions.
Terms of Idea Submission. You agree that: (1) you hereby grant Granville and its affiliates an exclusive, royalty-free, irrevocable, fully paid-up, transferrable, sublicensable, worldwide, perpetual license to your Submissions and their contents, without any compensation and/or reference to you; (2) Granville will be free to use, copy, display, perform, redistribute, create derivative works or disclose the Submissions and their contents for any purpose and in any way on an unrestricted basis without any compensation and/or reference to you; (3) there is no obligation for Granville to review the Submissions; (4) there is no obligation to keep any Submissions confidential; (5) your Submissions will expressly be deemed to be non-confidential and not proprietary; and (6) Granville has no obligation to you, including, but not limited to responding, reviewing, acknowledging, replying, or returning any materials arising out of or related to the Submissions.
BINDING ARBITRATION / CLASS ACTION WAIVER
Dispute Resolution. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and Granville expressly agree and intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. For purposes of this Section, “Claim(s)” means collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including without limitation consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, non-asserted, fixed, conditional, or contingent) that arise from or relate to (i) the Site, including without limitation any and all Contents and software related thereto, and/or (ii) your use of the Site and of your account.
Informal Resolution of Disputes and Excluded Disputes. If any Claim arises out of or relates to the Site or these Terms of Use, other than as may be provided herein, then you and Granville agree to send notice to the other providing a reasonable description of the Claim, along with a proposed resolution of it. Granville notice to you will be sent to you based on the most recent contact information that you provide Granville. If no such information exists or if such information is not current, Granville has no obligation under this Section. For a period of sixty (60) days from the date of receipt of notice from the other party, you and Granville will engage in a dialog to attempt to resolve the Claim, though nothing will require either you or Granville to resolve the Claim on terms with respect to which you and Granville, in each of our sole discretion, are not comfortable.
Binding Arbitration. If you and Granville cannot resolve a Claim, within sixty (60) days of the receipt of the notice, then you agree that any such Claim and all other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to any Claim that all or any part of these Terms of Use are void or voidable, or whether a Claim is subject to arbitration relating to your use of the Site, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, you and Granville agree that California state law or United States federal law shall apply to, and govern, as appropriate, any and all Claims or disputes arising between you and Granville regarding these Terms of Use and the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of these Terms of Use as a court would. THIS SECTION, INCLUDING THE PROVISIONS ON BINDING ARBITRATION AND CLASS ACTION WAIVER, SHALL SURVIVE ANY TERMINATION OF YOUR ACCOUNT OR THE SITE.
Initiating Arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Granville Homes at 1306 West Herndon Avenue, Suite 101, Fresno, CA 93711. The arbitration will be conducted by AAA in accordance with the AAA Streamlined Three-Arbitrator Panel Option in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by AAA's rules. The arbitration shall take place in Fresno, California or at such other venue (and pursuant to such procedures) as is mutually agreed upon. You can obtain AAA procedures, rules, and fee information as follows: AAA: 800.778.7879 and https://www.adr.org/.
Fees. You and Granville will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Granville to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Granville will have the right to elect to pay the fees and costs and proceed to arbitration. Arbitration rules may permit you to recover attorneys’ fees. Granville will not seek to recover attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Class Action Waiver. YOU AND GRANVILLE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and Granville each agree that such proceeding shall take solely by means of judicial reference pursuant to California Code of Civil Procedure section 638.
Exclusions; Venue. Notwithstanding the agreement to resolve all disputes through arbitration, you or Granville may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or Granville may also seek relief in small claims court for Claims within the scope of that court’s jurisdiction. In the event that the arbitration provisions above are found not to apply to you or to a particular Claim, either as a result of your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, you agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in Fresno County, California. You and Granville agree to submit to the personal jurisdiction of the courts located within Fresno County, California for the purpose of litigating all such Claims or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use or your use of the Site in the event that the arbitration provisions are found not to apply. In such a case, should Granville prevail in litigation against you to enforce its rights under the Terms of Use, Granville shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Granville may be entitled.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR GRANVILLE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR GRANVILLE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. “Commencing” means, as applicable: (i) by delivery of written notice as set forth herein; (ii) filing for arbitration with AAA as set forth herein; or (iii) filing an action in state or federal court. This provision will not apply to any legal action taken by Granville to seek an injunction or other equitable relief in connection with any losses (or potential losses) relating to the Site and/or intellectual property rights of Granville.
Your Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to: [Email] with the subject line “Granville ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Site, otherwise you shall be bound to arbitrate any disputes in accordance with the terms of these Terms of Use providing for binding arbitration. If you opt-out of these arbitration provisions, Granville also will not be bound by them.
TERM AND TERMINATION
These Terms of Use will continue to apply to you until terminated by either you or Granville. GRANVILLE MAY TERMINATE THESE TERMS OF USE OR SUSPEND YOUR ACCESS TO THE SITE AT ANY TIME, INCLUDING IN THE EVENT OF YOUR ACTUAL OR SUSPECTED UNAUTHORIZED USE OF THE SITE OR NON-COMPLIANCE WITH THE TERMS OF USE, OR IF WE WITHDRAW THE SITE OR ANY CONTENT CONTAINED THEREIN. If you or Granville terminates these Terms of Use, or if we suspend your access to the Site, you agree that Granville shall have no liability or responsibility to you, and that Granville will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate these Terms of Use at any time. To learn how to terminate your Granville account, please contact us at [email protected]This section will be enforced to the fullest extent permissible by applicable law.
Any sections of these Terms of Use, including but not limited to ‘Intellectual Property’, ‘Disclaimers’, ‘Limitation of Liability’, ‘Binding Arbitration; Class Action Waiver’, that either explicitly or by their nature, must remain in effect even after termination of these Terms of Use, shall survive termination.
WAIVER AND SEVERABILITY
No waiver of by Granville of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Granville to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court, arbitration body or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use, Additional Terms and our Privacy Policy constitute the sole and entire agreement between you and Granville with respect to the Site.