(Last Updated: 10/10/2019)
ELECTRONIC DELIVERY POLICY AND YOUR CONSENT; OPT OUT
By using this Site, you consent to receiving electronic communications from WDC and Builders within the Community, including notices and other disclosures. WDC may provide such electronic notices and disclosures by posting them on this Site. If you desire to withdraw your consent to receive notices electronically, you must discontinue your use of this Site. In the event that you sign up for any follow up communications from WDC or a Builder within the Community and provide your email address, you consent to the receipt of subsequent emails from WDC, its affiliates, successors in interest or agents as well as those of the Builders. Notwithstanding the foregoing, in the event you sign up for any delivery of information from WDC, you may ask to be eliminated from further contact by WDC by sending a written request to firstname.lastname@example.org and reasonable efforts will be undertaken to promptly remove you from any of WDC’s mailing lists. You may have to separately opt out of any communications being directed to you by Builders within the Community who should provide you with their own opt out provision.
Buyers and prospective Buyers may be provided separate log in access to a private portal (“Portal”) such as a Members Login section which provides additional information regarding the Community. These Terms and Conditions apply equally to the use of the Portal. Additionally, the Developer cannot warrant that any information saved by users on the Portal will be secure or that the information, including information on dues, fees, costs of membership, the purchase process or other information available for Portal Users remains current and up to date. For current information on any of these subjects, you should discuss with your sales associate or contact WDC or your Builder.
USE OF COPYRIGHTED MATERIALS/TRADEMARKS
Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship (collectively the “Materials”) are copyrighted materials owned by or licensed to WDC. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by WDC, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, subject to the following conditions:
1) Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
2) WDC reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from WDC.
HYPERLINKS TO THIS SITE
You may not create a “hypertext” link to the Site without our prior written permission. You may not use, frame, or utilize framing techniques to enclose any WDC trademark, logo or trade name or other proprietary information, including the Materials found at or on the Site, the content of any text or the layout/design of any page of the Site or any form contained on a page of the Site without the express written consent of WDC in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing a WDC name, trademark, or product name without WDC’s express written consent in each instance.
OPERATION AND ACCESS OF SITE
WDC makes no representations or warranties regarding the availability of the Site at any given time, whether the use of the Site will be uninterrupted, or the continued operation of the Site. WDC may, with or without notices, suspend the operation of the Site of indefinite periods of time, terminate the operation of the Site at any time, and suspend or terminate your ability to access and use the Site at any time. WDC, with or without notice, may revise the features and functionality of the Site, and the instructions and guidelines regarding the access to and use of the Site, at any time. WDC, with or without notice, may at any time revise the hardware, software and communication lines necessary to access and use the Site, and the Internet Protocol number(s) or address(es) used for the Site. While WDC takes reasonable steps to prevent the introduction of viruses, worms, Trojan horses, time bombs, or other computer programming routines, features or operations to the Site that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, WDC does not guarantee or warrant that the Site or materials transmitted from the Site do not contain such computer programming routines, features or operations. You shall indemnify and hold WDC harmless from any damage, loss, expense, including without limitation attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with these Terms. WDC is not responsible for any technical failures or problems that are beyond its control, or any results of any such failures or problems.
ACCURACY OF INFORMATION
WDC reserves the right, without any prior notice, to change any information contained within this Site, to deviate from the descriptions contained therein, and/or to change any Community project at any time, and WDC disclaims any duty to update the information and makes no commitment as to the plans in the future. WDC is not responsible if information made available on this Site is not accurate, complete or current. The material provided on this Site is for general information only and provided simply as an accommodation. You agree that any reliance on the information contained on this Site is at your own risk. The Site and any links within the Site do not constitute an offer or solicitation to sell real property. WDC provides all information on this Site without warranty of any kind, either express or implied.
PROHIBITED AND UNLAWFUL USES
LINKS TO THIRD PARTY WEB SITES
The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by WDC. If you use these links, you may leave the Site. WDC has not reviewed these third party websites and does not control and is not responsible for any of these websites or their content. WDC does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
NOT AN OFFER FOR SALE OR LEASE OF REAL ESTATE
The promotional material presented in this Site and the related links do not constitute an offer to sell or lease real property to residents of jurisdictions where prior registration of out-of-state real estate offerings is required unless the Community has been so qualified or exemptions are available. Offers to sell or lease real property may only be made and accepted at the sales center for the Community on in the sales offices for a Builder. The materials provided at this Site are strictly for information purposes as a service to internet users and shall not be construed as an offer in any jurisdiction where prior registration or other advance qualification of real property is required. No sale or lease may occur until issuance of the final Subdivision Public Report, or its equivalent, required for the specific section of the Community. You should obtain the Subdivision Public Report or its equivalent, required by federal or state law, and read it before signing anything. No federal or state agency has judged the merit or value, if any, of the real property. FOR ARIZONA, A PUBLIC REPORT IS AVAILABLE ON THE ARIZONA DEPARTMENT OF REAL ESTATE SITE. All prospective buyers must visit the Community to purchase a home or lot. This Site may be accessed throughout the United States and internationally, but the intent of WDC is to only provide for dissemination of information concerning the Community in Arizona and other jurisdictions where prior compliance is not required. It may contain references or cross-references to subdivisions, sections, parcels or housing types within the Community that are not currently approved for sale in other jurisdictions. These references do not imply that WDC intends to seek approval to conduct sales activities in other states. Further, the information presented on this Site is provided for general reference only and is not a representation of the content of the sales contract or other offering documents and governing documents for homes or lots in the Community. VOID WHERE PROHIBITED BY LAW.
NOTICE TO CALIFORNIA RESIDENTS
WARNING: the California Department of Real Estate has not inspected, examined, or qualified any offering located outside of California that is reflected on this Website.
NOTICE TO NEW YORK STATE RESIDENTS
WDC and principal(s) taking part in the public offering or sale of homes in the Community are not incorporated in, nor do they currently maintain an office within the State of New York. Unless the offering of any cooperative interest in real estate is otherwise qualified under applicable New York law as described below. The offering for sale of homes in the Community is neither made in the State of New York nor made to the residents of the State of New York. Until such time as all registration and filing requirements under the Martin Act and the Attorney General’s regulations are complied with; a written exemption is obtained pursuant to an application and such is granted pursuant to and in accordance with the Cooperative Policy Statements #1, #7, or #12; or a “No-Action” request is granted (i.e., the offering has been “qualified” under New York law), no offering for sale of homes in the Community will be directed to any person or entity in or from the State of New York by, or on behalf of WDC or anyone acting on behalf of WDC or anyone acting with WDC’s knowledge, nor will any activities by WDC under such circumstances target New York State residents. These disclosure have been made to ensure that WDC has taken adequate measures to notify residents of the State of New York that it will not offer property that has not been previously qualified for sales in New York in or from the State of New York.
OWNER’S ASSOCIATIONS, FEES AND ASSESSMENTS
The ownership of a lot or home in the Community requires membership in the Wickenburg Ranch Community Association (“WRCA”). Owners will be responsible for assessments and fees charged by the Association both at closing of their purchase transaction and ongoing for as long as they own a lot or home in the Community. Homeowners will also be assessed by a separate Wickenburg Ranch Maintenance Corporation (“WRMC”) which maintains certain recreational and other properties and improvements within the Community. All such assessments and fees by the WRCA and WRMC are in addition to the purchase price of a home and increase the costs of ownership. Use, consumption and service fees may also be assessed.
Additionally, the Golf Course in the Community is owned by Wickenburg Ranch Golf Holdings, LLC, an Arizona limited liability company (“Club Owner”). Purchasers will not be entitled to use the Golf Course unless Purchasers obtain a golf membership directly from the Club Owner. Use and enjoyment of the Golf Course will be by membership agreement with the Club Owner. Neither the Club Membership nor membership in the WRCA nor ownership of a Lot in the Subdivision nor occupancy of a Residential Unit in Wickenburg Ranch confers any ownership interest in or right to use the Golf Course. Membership in the Golf Club is subject to application and approval by the Club Owner and use of the Golf Course is subject to the payment of fees and charges established by the Club Owner from time to time.
Please be aware that any statement contained on this Site or on any website featuring a particular project offered by WDC should not to be construed as investment advice. Before entering into a purchase contract, you are encouraged to consult with an investment or legal advisor. Homes in the Community are being sold by various Builders that are unrelated to WDC, for personal use and enjoyment. WDC is not making, nor does it condone, any representations about future income, profit or rental potential of any home. You should purchase a home for personal use and enjoyment without reliance upon any potential for future profit, rental income, economic or tax advantages. There should be no expectation of profit on your purchase of a home based upon the efforts of other.
BUILDERS ARE NOT AFFILIATED WITH WDC
WDC is solely the master developer of the Community. WDC shall have no (i) liability whatsoever with respect to the selling of homes to third-party buyers by the homebuilders (“Builders”), or (ii) responsibility for any claims, issues or matters arising out of any contracts for or to build homes in the Community. Homes within the Communities are constructed and sold by Builders not affiliated with WDC. WDC does not warrant or guarantee the obligations, construction, or pricing of Builders who may build and sell homes in any of the Communities, and shall not be accountable for any representations and/or warranties of such Builders. Homebuyers should look to the relevant purchase contract and the disclosures, if any, accompanying such purchase contract provided by the Builder for the complete terms of sale. Homebuyers from any of the Builders in the Community waive, to the fullest extent permitted by law, any and all rights, claims, causes of action, and other rights whatsoever against WDC arising out of their purchase transaction with the Builders.
As the master developer for the Community, WDC is responsible only with respect to the development of certain infrastructure improvements (e.g., roads, water, sewer, power, etc.) and such obligations run solely to persons buying property directly from WDC, such as Builders. The obligation of WDC is to construct such infrastructure in accordance with local and state requirements. WDC makes no representations regarding the timing of any such infrastructure installation, such being in the sole and absolute discretion of WDC. Builders may install additional facilities within the Community when buying Lots for resale in which case the Builder will have sole responsibility for such facilities. Furthermore, future development of any Communities may or may not occur as shown on illustrations, depictions or maps.
If you purchase your home or lot from a neighborhood Builder within the Community, references herein or the use of such Builders in the Community by shall not be construed as an endorsement, warranty or certification of such Builders or such Builder’s performance by WDC.
ANY INFORMATION PROVIDED ON THIS SITE WITH RESPECT TO THE INDIVIDUAL BUILDERS BUILDING WITHIN THE COMMUNITY OR THEIR HOMES FOR SALE CONSIST OF INFORMATION PROVIDED SOLELY BY SUCH BUILDERS THROUGH LINKS AND FRAMES TO OUR SITE. WDC IS NOT RESPONSIBLE FOR ANY OF SUCH CONTENT AND HAS NO DUTY TO MONITOR THE INFORMATION PROVIDED BY THE BUILDERS. AS WITH ALL OTHER ASPECTS OF BUYING A HOME FROM A PARTICULAR BUILDER, YOU CAN ONLY LOOK TO SUCH BUILDER WITH RESPECT TO ANY INFORMATION THAT THEY MAY HAVE UPLOADED TO THIS SITE OR WITH RESPECT TO ANY OTHER ISSUES, CLAIMS OR CONCERNS. FOR INFORMATION CONCERNING THE WEB POLICIES OF ANY OF SUCH BUILDERS, YOU SHOULD LOOK TO THE BUILDER’S OWN WEBSITES.
MAPS, DEVELOPMENT PLANS AND VIEWS
Maps of the Community on this website are not to scale and represent an artist’s depiction of the existing and/or planned elements of the current proposed development concepts for the Community. All artists’ renderings, photos, prices, specifications and planned amenities continue to evolve and are based on current proposed development plans that are subject to change without notice. Use of certain recreational amenities or participation in certain activities may be subject to additional fees and availability.
No guarantee is made that the facilities and features depicted within the Community will be constructed, or that if constructed, the number, type, size and location will be as depicted. Currently, certain planned amenities featured on this website may not yet be bonded and/or guaranteed for completion. Please refer to the final Arizona Public Report applicable to your subdivision provided by your Builder for complete details. Photos and renderings may show upgraded features and landscaping and may not represent the base price house in any neighborhood within the Community. WDC does not own or control the land outside the boundaries of the Community and does not guarantee the current or future use thereof. Views vary significantly by lot location and may be affected by future development. WDC does not guarantee the preservation of any view or the natural environment surrounding the Community that remains subject to change and may be a factor in your purchase decision.
The zoning and land use designations for the Community are subject to change from time to time. Each buyer is strongly advised to investigate and determine for his, her or their own account if the zoning and land use designations for the Community and other real properties in the vicinity of the Community are compatible with such buyer’s occupancy, use and enjoyment of the lot and residential dwelling purchased by such buyer. WDC and the Builders, their respective agents, employees, or affiliates, have not made any representation concerning the timing, location, configuration or existence of any non-residential use on or about the Community. The total number of residential units and common areas may increase or decrease from the current plan, depending upon market conditions or other conditions, including acquisition of additional property.
Any sketches, renderings, elevations, graphic materials, floor plans, plans, specifications, completion dates, terms, conditions and statements contained in the Site are proposed only, and WDC reserves the right to modify, revise and withdraw any or all of same in its sole discretion and without further notice. Finishing items displayed in this Site are shown for illustrative purposes only and may not actually be included in the home you purchase. Finishing items are items such as, but not limited to, tile, marble, carpet, cabinets, stone, brickwork, wood, paint, stain and mica that are subject to size and color variations, grain and quality variations, and whose availability may vary in accordance with price, availability and manufacturer. Similarly, wall coverings, paint colors, accent light fixtures, wall ornaments, drapes, blinds, bedspreads, furniture, furnishings, wet bars, monitoring systems, certain built-in fixtures, special floor coverings, wood trim may be included in models or shown in illustrations in this Site strictly for purposes of decoration or example only and may not be included in the home you purchase from Builder. All improvements, designs and construction are subject to first obtaining the appropriate Federal, State and local permits and approvals for the same. Actual improvements may vary from those depicted and water, skyline or any other views may not be available from all the homes located in a particular community nor are any such views guaranteed. Any references to square footage (or square meters) are approximate and the actual configuration may vary. Differing measuring techniques may also yield different total area of a home. You should not rely upon any listed figures describing the gross area of a home. All homes are being sold based upon their type and location without regard to the total size or square footage and there is no guaranty that measurement will yield a specific figure.
EQUAL HOUSING OPPORTUNITY
WDC is committed to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. All real estate information provided on this website is subject to the Federal Fair Housing Act and state or other local regulation. The Fair Housing Act makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an intention to make any such preference limitation, or discrimination.” Other laws and regulations may add prohibitions against discrimination based on such things as age, parental status, sexual orientation, political ideology, and financial status. WDC encourages and supports an affirmative advertising and marketing program in which there are no barriers and makes all residences available on an equal opportunity basis.
AMERICANS WITH DISABILITIES ACT
WDC supports and uses its best efforts to secure full compliance with the Americans with Disabilities Act (ADA). Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodation and commercial facilities and will not tolerate any such discrimination. WDC pledges to utilize reasonable efforts to ensure compliance with the ADA in its places of public accommodation and commercial facilities.
HUMAN MODELS/LIFESTYLE PHOTOS
Models/lifestyle photos do not reflect racial or ethnic preference.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, OR INFORMATION, SERVICES AND CONTENT CONTAINED THEREON SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF MARICOPA, STATE OF ARIZONA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.
RELEASE AND LIMITATION OF LIABILITY
WDC SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE WDC SUBSIDIARIES AND AFFILIATES, AND THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM ALL CLAIMS OF ANY KIND, INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS OR CLAIMS FOR INTEREST THAT ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR (A) ACCESS TO AND USE OF THE WEBSITE, OR (B) THE USE OF ANY INFORMATION CONTAINED ON THE WEBSITE.
CERTAIN JURISDICTIONS MIGHT NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.
Broker participation is welcome. Nothing contained herein shall constitute any agreement, promise, covenant or undertaking with respect to brokers or sales agents representing potential buyers or sellers. Due to the difficulty in tracking lead generation, no one shall be entitled to any fee, compensation or commission except pursuant to a written agreement signed by a duly authorized officer of WDC or a specific Builder within the Community. If there are portions of this Site that allow brokers to access and download certain forms, it is to facilitate the process of services offered. These forms have legal meanings and implications. Once completed and submitted to Developer, its affiliates, and their representatives the contracts shall be binding upon you. Allowing brokers to access these forms does not constitute legal advice to the brokers or you and nothing provided herein should be used as a substitute for the advice of competent counsel. You should consult with an attorney prior to submitting any legal documents to WDC or a Builder.
If you have any questions regarding the Site, please contact WDC by sending an email to email@example.com
Copyright © 2019 Wickenburg Development Co., LLC. All rights reserved.