Welcome to Our Website
Welcome to https://www.discoveryhomes.com (our “Website”) operated by Discovery Builders, Inc., Discovery Realty, Inc., Seeno Homes, Discovery Homes, and their affiliates. (The terms “we”, “us” and “our” refer to Discovery Builders, Inc., Discovery Homes, Seeno Homes, Discovery Realty, Inc., and their affiliated companies.) It’s exciting searching for a home and we provide our Website as a convenient tool to help you with your new home search. Please review the following terms and conditions, legal disclaimers (“Terms of Use”) and Privacy Policy that apply to your visit to our Website, your use of our Website, and the related products and services available on our Website (the “Service(s)”).
Our Privacy Policy and Your Consent to Use Our Website and Services
Please review our Privacy Policy. In providing us your information, you consent to receive communications form us including periodic emails, phone calls, text messages and other information. (Standard text message and data charges may apply.) Your consent is not a condition to purchase. Your use of our Website constitutes your acceptance of and agreement to follow and be bound by the Terms of Use, Legal Disclaimers and any further terms that govern your use of our Website and/or Services, which are all incorporated herein by reference (collectively, this “Agreement”) and consent to our Privacy Policy.
General Information About Our Website and Properties
While we do our best to update the accuracy of our Website’s information and terms, prices and terms are subject to change without notice. Prices generally refer to the base house that do not include any optional features. Please understand that home and surrounding area images, photographs, drawings and/or renderings may show upgraded lots, locations, elevations, landscaping and optional or premium features, and may not represent the lowest-priced homes in the community. Square footage numbers are approximate and may vary from the actual plans, construction and homes as built. Home options and their pricing are subject to availability, construction status and schedule. We reserve the right to make changes to home and development designs and to build more or fewer homes than currently planned. Future development or the preservation of any view of the natural environment surrounding its communities cannot be guaranteed. We reserve the right to make modifications to materials, specifications, plans, dimensions, pricing, various fees, design, scheduling, availability and delivery of residences without prior notice.
Features/Illustrations/Specifications: All content, specifications, Services, products, features and prices described or depicted on this Website are subject to change at any time without notice. Site plans, renderings, floor plans, depictions of residences, buildings, facilities, improvements, community maps, aerial photos, community photos and/or computer generated or enhanced depictions of communities (collectively “Illustrations”) may be posted on our Website for illustrative purposes only and may vary from the actual plans, residences, buildings, facilities, and buildings as built. All Illustrations shown are conceptual in nature and are merely an artist’s rendition and may not accurately represent the actual condition of the item being represented. All Illustrations are solely for illustrative purposes and should never be relied upon.
As permitted by applicable law, use of this website, any information, content, products, or services herein contained or provided at or purchased from this website, and any functionality or software or programming contained or provided at this website, is provided on an “as is” basis. as permitted by applicable law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability or satisfactory quality, fitness for a particular purpose or noninfringement.
Further, without limiting the foregoing, all information provided on our website is without warranty as to its completeness, timeliness, accuracy, suitability or authenticity. you should conduct your own due diligence as to the truth, accuracy, completeness, and continuing validity of any information set forth in or referenced at this website. likewise, we do not warrant the accuracy of any third-party content contained within or referred to at this website, including any links to third party websites. we are not liable for any defamatory, offensive or illegal conduct of any user.
Insofar as our properties, any past, present, future or proposed roads, easements, land uses, conditions, plat maps, lot sizes or layouts, zoning, utilities, drainage, land conditions, or development of any type whatsoever, whether reflected on the illustrations, or whether inside or outside the boundaries of the illustrations, may not be shown or may be incomplete or inaccurate. the present, future or proposed roads, easements, land uses, conditions, plat maps, lot sizes or layouts, zoning, drainage, land conditions, or development of any type may or may not change in the future. it is not uncommon that any of the foregoing can change without notice to you. all maps are not to scale, and are for relative location purposes only. you should never rely on the accuracy of the foregoing or the illustrations in making any decisions relative to purchasing any property.
Equal Housing Opportunity
We are committed to providing equal housing opportunities. We support programs in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, sexual orientation, familial status, or national origin and all lots and homes built, advertised and sold by us are available on an equal opportunity basis. We are committed to compliance with the laws and regulations of other jurisdictions that may add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and the like.
User Content
You represent and warrant that (a) you are age 18 or older, (b) the information you submit through this Website is accurate and complete to the best of your knowledge, (c) you possess the legal right, authority, and capacity to enter into this Agreement and to use our Website in accordance with its Terms of Use, (d) your use of our Website shall be in accordance with the Terms of Use of this Agreement, and in accordance with all applicable laws and regulations.
When accessing or utilizing our Website or Services, you shall not include anything that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful, or (b) violates or infringes upon the copyright, trademark rights, intellectual property rights, privacy rights or other rights of any party. We reserve the right in our discretion to edit or delete any portion of information you submit to our Website.
If you provide content or information to our Website, you agree that we are granted an unlimited, non-exclusive and perpetual license to publish, duplicate, transmit, use, reproduce, create derivative works from, and sublicense such content without compensation to you. If you do not agree to these terms and conditions, please do not use our Website.
Accessibility
We make our best efforts to make our Website user friendly and to be accessible to all individuals with disabilities in accordance with the Americans with Disabilities Act (ADA). All of the information on this Website can be made available in alternative formats or verbally upon request by clicking here and letting us know of your request.
Third Party Links
Third party websites may be linked to our Website. We do not have any control nor any responsibility over any of these websites, and we cannot be liable for the accuracy or availability of information provided by these websites. These linked sites are provided merely as a convenience to you and are not an endorsement by us of its content, products, advertising, or other materials presented.
Legal Notices
We reserve the right to modify these terms from time to time without notice to you.
Indemnity - In exchange for providing you access to our Website, you agree to indemnify, defend and hold Discovery Builders, Inc., Discovery Homes, Seeno Homes, Discovery Realty, Inc., and their affiliated companies, affiliates, subsidiaries, parents, officer, partners, employees harmless against any claims, damages and expenses related to your violation of these Terms.
Severance - If any provision of these Terms of Use are determined to be invalid, unlawful, void or otherwise not enforceable, you agree that the remaining provisions will remain in full force and effect.
Arbitration - You agree to arbitrate any and all Claims, including all statutory Claims, and any state or federal Claims. By agreeing to arbitration, you understand and agree that you are giving up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your use of or purchase of products or services through the website, will be resolved exclusively and finally by binding arbitration.
All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in San Francisco, California. For more information on JAMS and/or the rules of JAMS, visit https://www.jamsadr.com. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. Neither party shall be permitted to obtain awards for and, to the extent permitted by law, each party hereby waives (a) all rights to claim punitive, incidental, exemplary, special, enhanced, indirect or consequential damages and any other damages, other than for actual out-of-pocket expenses, and (b) all rights to have damages multiplied or otherwise increased. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of Contra Costa or, where applicable, the federal District Court sitting in the County of Contra Costa, State of California. Likewise, should this arbitration agreement for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Contra Costa County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
By using our Website and/or Services in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and us. You also give up your right to participate in a class action or other class proceeding.