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TERMS & CONDITIONS

Effective Date: January 1, 2023

Treasure Island Community Development, LLC and its affiliated companies and subsidiaries, including UST Lennar HW Scala Joint Venture, Treasure Island Development Group, LLC, Treasure Island Series 1, LLC, Treasure Island Series 2, LLC, Treasure Island Series 3, LLC, Treasure Island Series 4, LLC, and Treasure Island Series 5, LLC, (collectively, “TI Group,” “We,” “Us” or “Our”) has created, maintains, and provides this Website and the other TI Group Online Services solely for informational and communication purposes regarding the Treasure Island Residential Development and related products and services and is not intended to constitute an offer of solicitation. These Terms and Conditions and Conditions of use and the Privacy Policy apply to Your use of this website, at TISF.com (“Website”), and to any and all TI Group-provided or -controlled mobile app or TI Group-controlled social media pages, and all other TI Group-provided information, services, software functionality, and/or materials located thereon or available therefrom (collectively with this Website, the “TI Group Online Services”).

All users (“Users” or “You”) of any of the TI Group Online Services agree that You have read and understand these Terms and Conditions and Conditions and that access to or any other use of the TI Group Online Services is subject to the following Terms and Conditions and all applicable laws. If You do not agree to these Terms and Conditions and Conditions, please discontinue and do not use this Website or any other TI Group Online Services.

The TI Group Online Services may offer capabilities through Your mobile device including the use of messages via short message service (“SMS Service”) (collectively, “Mobile Services”). Please note that Your mobile carrier’s normal messaging, data, and other rates and fees will apply to Your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, You are solely responsible for checking with Your mobile carrier to determine if the Mobile Services are available for Your mobile devices, what restrictions, if any, may be applicable to Your use of the Mobile Services, and how much they will cost You. Nevertheless, all use of the Mobile Services shall be strictly in accordance with these Terms and Conditions.]**

 

Reservation Of Rights To Change Terms And Conditions, Content, Termination:

 

By using this Website or any other TI Group Online Services, You signify Your acceptance of these Terms and Conditions and Conditions. These Terms and Conditions are subject to change without notice to You, except that such changes to the Terms and Conditions will be posted on this Website and other applicable TI Group Online Services. Such changes are binding on You and are not subject to further acceptance by You. Your use of the TI Group Online Services after We post any changes to these Terms and Conditions constitutes Your agreement to those changes. The information available on any of the TI Group Online Services is not to be interpreted as TI Group rendering legal, financial, tax, investment, or other professional services or advice. The use of this Website and the other TI Group Online Services is subject to the additional disclaimers, caveats, and notices that may appear herein and on any specific page of this Website or other TI Group Online Service. TI Group may, in its sole discretion, and at any time, discontinue the TI Group Online Services or any part thereof, with or without notice, or may prevent Your use of the TI Group Online Services with or without notice to You. You agree that You do not have any rights in the TI Group Online Services and that TI Group will have no liability to You if the TI Group Online Services is discontinued or Your ability to access the TI Group Online Services or any content You may have posted on the TI Group Online Services is terminated.

 

Trademarks and Service Marks

 

These are some of the trademarks and service marks that belong to Us or Our related companies: Treasure Island, Treasure Island Development Group, Treasure Island Development Authority, Treasure Island Community Development.

A number of these marks are registered with the United States Patent and Trademark Office. TI Group or its affiliates may also have trademark rights to other marks that may not be listed here, registered and unregistered, including its several logos and designs.

YOU MAY NOT ANY OF THE FOREGOING MARKS WITHOUT OUR EXPRESS WRITTEN PERMISSION. You agree that if You violate this prohibition, We will pursue all of Our legal remedies. You will be responsible for any losses or fees TI Group may incur because of Your violation.

This Website and other TI Group Online Services also contain trademarks and service marks that belong to third parties. These other trademarks and service marks are the property of their respective owners. If a third party makes a claim or initiates suit against TI Group due to Your use of these other marks without the permission of the proper party, You agree to indemnify and hold TI Group harmless from such claim or suit. You also agree to reimburse TI Group for all losses, attorneys’ fees and costs that TI Group incurs in connection with such claim or suit.

 

Passwords

 

Certain parts of this Website or other TI Group Online Services require a password. TI Group may provide You with a password. Whether TI Group provides Your password or You create Your own, TI Group will not share Your password with anyone. It is Your responsibility to keep Your password confidential and secure. You should also take care to log off (close Your browser) after using Your password on the Website. You are responsible for all interactions that occur on this Website or other TI Group Online Services using Your password.

 

User Submissions and Content

 

From time to time on certain areas of the TI Group Online Services You may be able to submit reviews and certain other materials (“User Content”). By using these features, You represent and warrant that You are eighteen (18) years of age or older and agree to all of the following:

(a) You will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by TI Group;
(b) You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
(c) You will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that You are under a contractual obligation to keep private or confidential;
(d) You will not impersonate any person or organization, including without limitation, the personnel of TI Group, or misrepresent an affiliation with another person or organization;
(e) You will not collect or store personal data about other users;
(f) You will not use the TI Group Online Services for any commercial transactions that are unrelated to the purposes for which the TI Group Online Services was provided;
(g) You will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication;
(h) You will not post any material with any virus, worm, Trojan horse, time bomb, or other computer programming routine, feature or operation that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(i) You will not use any device, software, routine, feature or operation to interfere with the proper operation of the TI Group Online Services or any activity being conducted on or by the TI Group Online Services;
(j) You will not gain access to, copy, alter or modify any data transmitted to the TI Group Online Services by another user;
(k) You will not copy, alter, modify, create derivative works based upon, decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the TI Group Online Services; and
(l) You will not frame or link to the TI Group Online Services.

No Ownership Rights. You further understand and agree that You have no ownership rights in any account You may have with us, or other access to the TI Group Online Services or features therein. TI Group may cancel Your account and delete all User Content associated with Your account at any time, and without notice, if TI Group deems that You have violated these Terms and Conditions, the law, or for any other reason. TI Group assumes no liability for any information removed from Our TI Group Online Services, and reserves the right to permanently restrict access to the TI Group Online Services or a user account.

 

License to Use

 

By displaying, publishing, or otherwise posting any User Content on or through the TI Group Online Services, You hereby grant to TI Group a limited, non-exclusive, worldwide, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to You or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in Your User Content, and You continue to have the right to use Your User Content in any way You choose, subject to these Terms and Conditions and the license described herein. You represent and warrant that You own the content submitted, displayed, published or posted by You on the TI Group Online Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content You submit, and Our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, You acknowledge that Your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to TI Group or Our initiatives (Your “Ideas”). With respect to Ideas You acknowledge that: (a) TI Group receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that TI Group’s review of the Ideas is not an admission of novelty, priority or originality; and (b) TI Group’s use of any similar Ideas, whether based on Your User Content, provided to TI Group by third parties, or independently developed or considered by TI Group, shall be without obligation to You.

 

Indemnification

 

You agree to indemnify and hold TI Group, its parents, subsidiaries, members, officers, employees, and Website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to Your violation of these Terms and Conditions, or which arises from the use of User Content You submitted, posted, or otherwise provided to TI Group or the TI Group Online Services.

 

Links to Third-Party Websites and Platforms

 

The TI Group Online Services may incorporate links to other websites or platforms or advertisements provided by third-party providers (“Third-Party Providers”). TI Group has no control over the content of Third-Party Provider links, or over their websites or platforms, or over the performance of Third-Party Provider applications, and inclusion of links to any of the foregoing implies no approval or endorsement of any Third-Party links, websites, applications, and platforms or of any of their content. TI Group is not responsible for operation, maintenance, content, terms of use, or privacy policies of Third-Party Provider links, websites, applications, or platforms, or for any loss or damage that You may incur as a result of Your access to or use of any of the foregoing. All such access to Third-Party Provider links, websites, applications, and platforms is at Your own risk and subject to the terms and conditions of use for such Third-Party Provider links, websites, applications, and platforms. The inclusion of any link to such Third-Party Provider websites, applications, and platforms sites does not imply endorsement, sponsorship, or recommendation by TI Group of the linked Third-Party Provider links, websites, applications, and platforms. TI Group disclaims any liability for links: (i) from another site to the TI Group Online Services and (ii) to Third-Party Provider websites, applications, and platforms from the TI Group Online Services. These Terms and Conditions and Our Privacy Policy do not apply to any Third-Party Provider links, websites, applications, or platforms. You should review the applicable terms and policies, including privacy and data gathering practices, of any application you download or website or platform to which you navigate from any of the TI Group Online Services or relating to any applications you use or install from links on the TI Group Online Services. Any purchases or other transactions You make through Third-Party Provider websites, applications or platforms will be made not through the TI Group but through Third-Party Providers, and TI Group assumes no responsibility for such purchases or other transactions, all of which are exclusively between You and the applicable Third-Party Provider.

 

Disclaimers of Liability

 

We try Our best to provide accurate information, but information on this Website and any other TI Group Online Services may not always be accurate. TI Group does not warrant the accuracy and completeness of information, text, graphics, renderings, links, prices, association fees, model home plans and features, proposed amenities, development plans, size and layout of any portion of the Treasure Island Residential Development, offsite uses, availability of homes, or any other items contained in this or items on this Website or other TI Group Online Services or linked sites). ALL TI GROUP ONLINE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TI GROUP NOR ANY PERSON ASSOCIATED WITH TI GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE AND ANY OTHER TI GROUP ONLINE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER TI GROUP NOR ANYONE ASSOCIATED WITH TI GROUP REPRESENTS OR WARRANTS THAT THIS WEBSITE AND ANY OTHER TI GROUP ONLINE SERVICES, OR THIRD-PARTY PROVIDER LINKS, WEBSITES, APPLICATIONS, OR PLATFORMS, OR THE CONTENT OF ANY OF THE FOREGOING, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR ANY OTHER TI GROUP ONLINE SERVICES OR THROUGH THIRD-PARTY PROVIDER LINKS, WEBSITES, APPLICATIONS, OR PLATFORMS, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE AND ANY OTHER TI GROUP ONLINE SERVICES OR THIRD-PARTY PROVIDER LINKS, WEBSITES, APPLICATIONS, OR PLATFORMS OR ANY SERVER THAT MAKES ANY OF THE FOREGOING AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE AND ANY OTHER TI GROUP ONLINE SERVICES, OR ITEMS OBTAINED THROUGH THIS WEBSITE AND ANY OTHER TI GROUP ONLINE SERVICES, OR THIRD-PARTY PROVIDER LINKS, WEBSITES, APPLICATIONS, OR PLATFORMS, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, TI GROUP, ITS MEMBERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER TI GROUP ONLINE SERVICES, ANY WEBSITES LINKED TO ANY OF THE FOREGOING, ANY THIRD-PARTY PROVIDER LINKS, WEBSITES, APPLICATIONS, OR PLATFORMS, ANY CONTENT ON THIS WEBSITE OR OTHER TI GROUP ONLINE SERVICES, OR ANY OTHER SOURCE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE (COLLECTIVELY, “DAMAGES”), EVEN IF FORESEEABLE OR TI GROUP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF YOUR DATA AND/OR EQUIPMENT USED IN CONNECTION WITH ANY TI GROUP ONLINE SERVICES OR THIRD-PARTY PROVIDER LINKS, WEBSITES, APPLICATIONS OR PLATFORMS, AND YOU WILL NOT MAKE A CLAIM AGAINST TI GROUP FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE TI GROUP ONLINE SERVICES OR THIRD-PARTY PROVIDER LINKS, WEBSITES, APPLICATIONS OR PLATFORMS.

 

Use of Linked Applications

 

Links to Third-Party Provider applications on Our Website are provided for convenience only. Applications that may be made available to download from links on this Website (“Applications”) are the copyrighted work of Third-Party Providers. Use of the Applications is governed by the terms of the Third-Party Provider’s license agreement that accompanies or is included with the Application (“License Agreement”). An end user agrees to the Third-Party Provider’s License Agreement terms by installing, copying, or using the Application from the Third-Party Provider’s site. THIRD-PARTY PROVIDER APPLICATIONS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE THIRD-PARTY PROVIDER’S LICENSE AGREEMENT. TI GROUP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE THIRD-PARTY PROVIDER APPLICATIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

 

Venue

 

When You use Our Website, You agree that the state courts in the County of San Francisco, California or the United States Federal District Court, Northern District of California, will resolve any disputes arising out of Your reliance on the information on this web site, or any interaction with TI Group involving this web site.

 

Miscellaneous

 

These Terms and Conditions operate to the fullest extent permissible by law. Accessing materials on the TI Group Online Services by certain persons in certain countries may not be lawful, and TI Group makes no representation that materials on the TI Group Online Services are appropriate or available for use in all jurisdictions. If You choose to access the TI Group Online Services from outside the United States, You do so at Your own risk and initiative, and are responsible for compliance with any applicable local laws. This web site may have visitors from various states in the United States and other countries. It may contain references or cross-references to TI Group products, programs and services or those of TI Group-affiliated companies which products, programs, and services are not available in Your jurisdiction. These references do not mean that TI Group will make such products, programs or services available to residents in Your state.

The TI Group Online Services are not intended as a solicitation to You if You live in a state where We are not allowed to do business.

 

Waiver and Severability

 

No waiver by TI Group of any term or condition set out in these Terms of Service 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 TI Group to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any clause, sentence, or other portion of these Terms of Service shall become invalid, illegal, or unenforceable for any reason, or shall be held by any court of competent jurisdiction to be so, then such portion shall be deemed severable and the remaining portions hereof shall remain in full force and effect.

 

Copyright

 

Copyright©2023 Treasure Island Development Group, LLC. All rights reserved. The materials on this Website, including without limitation, text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the TI Group Online Services, unless otherwise indicated, are owned, controlled, and licensed by TI Group and/or its licensors and are protected by federal law against unauthorized copying and reproduction. Our content is provided for Your personal informational purposes only. You may print a single hard copy for Your personal use.

TI Group Privacy Policy

We use Your information in accordance with Our Privacy Policy which is available here: Privacy Policy

For Further Information:

If You have any questions about Terms and Conditions, please contact Us by email at privacy@tisf.com or write Us at One Avenue of the Palms, Suite 212, San Francisco, CA 94130 ATTN: Website Privacy.