Sky Crossing – New Homes in North Phoenix

Terms of Use

Please read these terms of use (the "Terms") carefully. These Terms are provided by Cave Buttes Development Partners, LLC (the "Company," "we," "us," or "our"). These Terms apply to the Sky Crossing website located at www.skycrossing.com and all associated websites and applications we have linked to these Terms (collectively, the "Site"). These Terms were last updated December 15, 2017.

By using this Site, you agree to comply with these Terms. If you do not agree with these Terms, do not use the Site. We may update these Terms from time to time with or without notice to you. You agree to review these Terms periodically to ensure that you are familiar with the most recent version, and your continued use of the Site indicates your acceptance of any modifications to these Terms.

Eligibility

The Site is intended for use only by adults, and any access to or use of the Site by minors is expressly prohibited. By accessing the Site, you represent and warrant that you are at least 18 years of age and possess the legal authority to form legally binding contracts.

This Site and Site Content (as defined below) are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All users accessing the Site do so on their own initiative and are responsible for compliance with applicable laws and regulations. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited, by reason of that person's nationality, residence, age, or otherwise. Persons under these restrictions must not access the Site.

Restrictions on Use

You may use this Site and the Site Content solely for informational purposes. You may not use the Site or the Site Content for any purpose not expressly permitted in these Terms and Conditions. You may not co-brand, frame or mirror the Site or any Site Content on your own website, social media account, or otherwise. You further agree that you will not impersonate or misrepresent an affiliation with any person or organization, including without limitation, the Company, through your use of the Site or otherwise.

We may, in our sole discretion, for any reason or no reason, and at any time, terminate access to all or part of this Site, prevent you from accessing the Site, or otherwise refuse service, with or without notice to you.

Pricing and Availability

Any pricing and availability information listed on this Site is subject to change without notice. The information on this Site may be out of date, and the Company makes no commitment to update such information. All products and services provided by the Company, including but not limited to sales of properties pictured on this Site, are provided subject to applicable taxes and accompanying terms and conditions not shown on this Site. Maps and plans on this Site are not to scale and represent an artist's depiction of the Company’s proposed development concepts as they exist at the time of uploading to the Site. Certain amenities, features, and activities may be subject to additional fees, and availability is not guaranteed. We recommend contacting the sales office of the Company to determine current pricing and availability of properties or features thereof.

This information on this Site is promotional material and is not intended as a solicitation or offering. No federal or state agency has judged the merits or value, if any, of any property referenced on this Site. No binding offer to sell or lease may be made or accepted prior to the issuance of the final required public report for the property as required by the state's real estate registration requirements. A public report is available at the State Real Estate Department's website. Taylor Morrison/Arizona, Inc., an Arizona corporation, Contractor's License ROC #179178B, an affiliate of TM Homes of Arizona, Inc. Pulte Home Company, LLC. ROC #079383. Taylor Morrison/Arizona, Inc., an Arizona corporation, Contractor's License ROC #179178B, an affiliate of TM Homes of Arizona, Inc., is the General Contractor for the construction of the homes promoted on this Site.

Any statements on this Site that are not historical facts are "forward-looking" statements that involve a number of risks and uncertainties that could cause actual results to differ materially from those projected in the statements, including, but not limited to: (1) economic conditions; (2) market demands; (3) competitive factors and pricing factors; (4) legislative and regulatory environments at the federal, state, and local levels, such as government rate regulations and land-use regulations; (5) dependence on third-party suppliers; (6) fuel prices; (7) labor relations; (8) risks associated with current or future litigation; and (9) other risk factors. Statements on this Site may include unintentional inaccuracies or typographical errors with respect to the description of lot sizes, site plans, floor plans, renderings, photographs, elevation, prices, or other important pieces of information. Square footage and room sizes are approximate and may vary in actual construction. Prices shown, if any, do not include premiums or other optional features that are not included in the base price.

No Investment Advice: No statement contained on this Site or on any website featuring the Company or properties offered by the Company should be construed as investment advice. Prospective purchasers are urged to seek expert investment, legal or other advice prior to entering into any purchase agreement.

Equal Housing Opportunity

Certain Site Content may be subject to the United States Federal Fair Housing Act of 1968, as amended, which 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." The laws and regulations of other jurisdictions may add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and the like. Therefore, please contact your local government for additional information. All dwellings under the jurisdiction of U.S. Federal regulations or law advertised by the Company are available on an equal opportunity basis.

Proprietary and Copyright-Protected Information

All material and content appearing on this Site, including without limitation, all (a) text, graphics, charts, pictures, photographs, images, sounds, music, artwork, reports, research, guidelines, information, data, articles, descriptions, instructions, advice, documents, line art, icons, renditions, renderings, elevations, architectural plans and drawings, construction plans and drawings, blueprints, floor plans, furniture planners, and all other works of authorship, (b) technology, designs, methods, ideas, concepts, know-how, and techniques, and (c) software, computer code, architecture, hidden text and symbols, user interfaces, look and feel, visual interfaces, layout, design, arrangements, structure, selection, coordination, and expression (collectively, the "Site Content") are proprietary materials owned by the Company and its licensors, and the Company and its licensors retain all right, title, and interest in and to the Site Content now and in the future. This Site, including all Site Content, is protected by trade secret, copyright, patent, and trademark laws, and various other U.S. and international laws and treaties. You agree to comply with all applicable laws worldwide in your use of this Site, and agree that the Site and Site Content may not be copied, distributed, republished, altered, uploaded, posted, publicly displayed, encoded, translated, or transmitted in any way, in whole or in part, without the prior written consent of the Company. If the Company grants written consent, you may not remove or alter any copyright, trademark or other proprietary notice appearing on any of the Site Content. No intellectual property rights are transferred to you by access to the Site or otherwise.

Trademarks and Service Marks

SKY CROSSING, ASTAREA AT SKY CROSSING, PULTE, and TAYLOR MORRISON, and all other trademarks, service marks, and logos appearing on this Site are owned by the Company or its licensors. The Company and its licensors retain all rights with respect thereto. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or logo displayed on the Site, including but not limited to use in metatags / meta elements or other hidden text or code.

Third Party Content

Any opinions, advice, statements, services, offers, event details, or other information or content expressed, made available through, or linked from this Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any such opinion, advice, information, or statement made on this Site.

User Content

From time to time on the Site, you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not submit any User 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 us; that you will not submit any User Content that contains personal information about any individual, that violates the privacy or publicity rights of any other individual or entity, or that you are under a contractual obligation to keep private or confidential. You further agree that you will not submit any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Company, or feature of the Site or Site Content. You further understand and agree that you have no ownership rights in any account you may have with us, or other access to the Site or features therein, and any User Content may be deleted and destroyed or otherwise made inaccessible to you at any time and without notice to you.

You represent and warrant that you own the User Content submitted to us and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any User 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 the Company or our initiatives (your "Ideas"). With respect to Ideas, you acknowledge that: (a) we receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that our review of the Ideas is not an admission of novelty, priority or originality; and (b) our use of any similar Ideas, whether based on User Content submitted by you or a third party, or independently developed or considered by us, shall be without obligation to you.

You grant to the Company the royalty-free, perpetual, irrevocable, worldwide, and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any User Content, or any portion thereof, and to incorporate any User Content in other works, in any form, media, or technology now known or later developed. The Company will not be required to treat any User Content as confidential, and may use any User Content in its businesses (including without limitation, for advertising) without incurring any liability or obligation for payment, royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future advertising or offerings by the Company.

Indemnification

You agree to indemnify and hold the Company, its parent companies, subsidiaries, and affiliates, and all of their respective officers, employees, and agents (collectively, the "Released Parties") harmless from and against any demand, loss, liability, claim, or expense (including attorneys’ fees and costs) arising out of or in any way related to your use of the Site, the Site Content, or any linked website, or your violation of these Terms. You expressly waive and renounce all your rights of whatever nature that you may have against the Released Parties for any loss suffered by you as a result of your use of the Site, the Site Content, or any linked website, or your violation of these Terms.

Disclaimers

The Company does not warrant the accuracy, completeness, or usefulness of the Site Content, the Site, or the real property, homes, products and services advertised thereon, including but not limited to information related to pricing and availability of properties in advertised communities, and the Company expressly disclaims liability for errors or omissions. THIS SITE, THE SITE CONTENT, REAL PROPERTY, HOMES, AND PRODUCTS AND SERVICES ADVERTISED THEREON ARE PROVIDED ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THIS SITE, THE SITE CONTENT, REAL PROPERTY, HOMES, AND PRODUCTS AND SERVICES ADVERTISED THEREON, INCLUDING BUT NOT LIMITED TO ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS. The Company further does not warrant that use of the Site will be uninterrupted, error, or virus free, or that the Site Content is accurate, complete, reliable, or error-free.

Limitation of Liability

In using this Site, you understand that you are releasing the Released Parties from any and all liability for any direct, indirect, exemplary, special, consequential, or punitive damages which arise out of or are in any way connected with your access to or use of this Site, the Site Content, or any website linked to the Site. You agree that this waiver of all liability includes, but is not limited to, any damages due to computer viruses that may enter your computer equipment due to accessing or downloading information from this Site, loss of information or data, damages arising out of service interruptions, negligence, or any other cause of action relating to your access, use or inability to access or use the Site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

If, notwithstanding the other provisions of these Terms, any Released Party is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, any Site Content, or any linked website, the Released Party’s liability shall in no event exceed the greater of (1) the total of any fees paid by you with respect to any service or feature of the Site in the six months prior to the date of the initial claim made against the Released Party (but not including the purchase price or license fee for any real property, home, services or products), or (2) US$100.00. If you live in a jurisdiction that does not allow certain limitations of liability, the Released Party’s liability will be limited to the fullest extent permitted by applicable law.

Linked Sites

This Site may be linked to other sites which are not maintained by us ("Linked Sites"). We are not responsible for the content of or policies governing Linked Sites. The links to Linked Sites are placed for your convenience only, and do not imply our endorsement, recommendation, or warranty of the companies, products, services, information or programs associated with the Linked Sites. The Company expressly disclaims all liability arising out of or related to any Linked Sites or links provided by other websites to this Site.

Third-Party Products and Services

This Site may contain references to products and services provided by third parties not controlled by or affiliated with us, including but not limited to manufacturers, retail stores, restaurants, gym facilities, hospitals, parks, and schools. Such references are provided for your convenience only and do not imply our endorsement, recommendation, or warranty of the third parties or their products or services. Such references do not imply that such products or services will be provided or made available to you. The Company expressly disclaims all liability arising out of or related to products and services provided by third parties.

Privacy

Our Privacy Policy applies to use of this Site, and its terms are made a part of these Terms by this reference. To view the Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Designated Agent for Notice of Infringement Claims

The Company respects the intellectual property of others, and we ask users of this Site to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the Agent for Notice listed below with the following information in a written notice:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
  3. Your address, telephone number and email address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf;
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

The designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Name of Agent for Notice: Copyright Agent
By mail: PulteGroup, Inc., 3350 Peachtree Road N.E., Suite 150, Atlanta, GA 30326
By phone: (866) 239-1739
By email: emailresponse@pulte.com

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Miscellaneous

If any provision of these Terms is held to be unlawful, void, or unenforceable for any reason, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of the Company to enforce any provision in these Terms shall not constitute a waiver of such provision.

These Terms and any other legal terms or policies found elsewhere on this Site comprise the entire agreement between you and the Company with respect to your use of this Site. These Terms and other legal terms and policies on the Site supersede any and all other understandings or agreements, written or oral, regarding your use of the Site. You have relied upon no representation or statement contradicting these Terms in agreeing to access this Site, unless in writing and signed by a duly authorized agent of the Company.

The laws of the State of Michigan and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms, the Privacy Policy, or any other legal terms or policies contained on the Site. When you use our Site, you agree to personal jurisdiction and venue in the state courts of Oakland County, Michigan or the United States Federal District Court, Eastern District of Michigan, without regard to conflict of laws provisions, and you waive any objection to such jurisdiction or venue.

Your Consent

You agree to be bound by any affirmation, assent or agreement you transmit by computer or other electronic device. You agree that, when you submit an order on the Site or click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Regardless of any electronic signature, you agree that use of this Site and the Site Content is subject to these Terms and that you are bound by these Terms.You agree to all of the above terms and conditions, and you agree to hold harmless the Released Parties from any and all claims resulting from your access and use of this Site and the products or services featured in it. By entering this Site, you verify that you have read and understand all these terms and conditions without reservation.

Copyright © 2017 Cave Buttes Development Partners, LLC. All Rights Reserved.