Terms of Use

ACCEPTANCE OF TERMS OF USE.

KAG Property LLC and its affiliates (collectively, the “Company”) are pleased to provide this website (“Website”) for your information. Thank you for visiting.  This Website is designed to inform and familiarize you with our Company, communities, projects and affiliates. This Website is not intended to constitute a solicitation or offer of any kind. Offers to buy and sell property may be made by contacting the Neighborhood Builders (defined below) in the community directly. Some jurisdictions require prior registration or other advance qualification of real property in order to solicit in that jurisdiction. Responses to inquiries in such jurisdictions may be prohibited or limited by law. Void where prohibited by law.

Please carefully read the following terms of use (“Terms of Use”) for this Website before accessing the Website. The Company may amend these Terms of Use at any time without notice to you, provided, however, the most recent form of these Terms of Use will be posted on the Website at all times. Your access and/or use of the Website shall constitute your agreement to the most recent form of these Terms of Use. If you do not agree with these Terms of Use, we request that you immediately close your browser, erase your cookies, and terminate your access to the Website.

ACCURACY OF INFORMATION
Neither the Company nor any of its affiliated or related entities, agents or representatives, contractors, engineers, brokers, and their respective owners, officers, and employees, or their officers, directors, committees and members (all included within the term “Company” as used herein) are not responsible if information made available on this Website is not accurate, complete or current. The material provided on this Website is for general information only and shall not be relied upon unless or until the user verifies the same. You agree that any reliance on the information contained on this Website is voluntary and at your own risk. The Website and any website links within the Website do not constitute an offer or solicitation to sell real property and is for entertainment purpose only. Only Neighborhood Builders within the communities may accept offers to sell real property at each corresponding Neighborhood Builder’s sales center.

USER REPRESENTATIONS.
You represent and warrant to the Company that (i) you are at least 18 years of age, (ii) your use of the Website is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website, (iii) all information (if any) provided by you to the Company is correct, (iv) you possess the legal right and ability to enter into these Terms of Use and to use the Website in accordance with these Terms of Use, (v) your use of the Website shall be in accordance with these Terms of Use and all applicable laws, rules or regulations.

You should not provide any confidential or proprietary information through our Website.  Except for personal identifiable information subject to our Privacy Policy, any information you send through our Website shall be deemed not confidential or proprietary information and such information may be utilized by the Company for any purpose.

PROHIBITED ACTS.
In connection with your access to, and use of, the Website, you agree not to: (a) upload, post, email, or otherwise transmit any obscene, threatening, racist, defamatory, misleading or unlawful material, any unsolicited advertisement, “spam email,” or solicitation, or any viruses, worms or Trojan horses; (b) violate any applicable international, federal, state or local law or regulation; (c) sell or otherwise distribute any data obtained from any Company database; (d) use any automated means to download data from any Company database; (e) interfere with or disrupt the performance of the Website; and (f) use any of the information or matters contained in the Website in any way that would be injurious to the Company in any form or fashion.

EQUAL HOUSING OPPORTUNITY.
The Company is the developer of a master planned community in Clark County, Nevada.  Accordingly, the information provided on this Website may be subject to the U.S. 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 Company encourages all Neighborhood Builders in the master planned community to commit to advertising programs which freely offer residences to all on an equal basis.

NEIGHBORHOOD BUILDERS
If you purchase a home or lot within the communities, that neighborhood homebuilder within any community is independently owned and operated and is not affiliated with the Company (collectively, the “Neighborhood Builders”). References to or approval of such Neighborhood Builders by the Company shall not be construed as an endorsement, warranty or certification of such Neighborhood Builders or such Neighborhood Builder’s performance by the Company.  You should independently research all Neighborhood Builders.

NO REPRESENTATIONS AND WARRANTIES.
The Company makes no representation or warranty of any kind with respect to the Website, any website links or any content on the Website. Inclusion of any website link on the Website does not imply approval of any linked websites by the Company. You acknowledge that the Company has not reviewed or verified any information in any third party website accessed through a website link.  You should refer to the terms of use of any third party website when accessing such site.  Your use of the Website and any website links is at your own risk. The Website and all information contained therein is intended for general reference, informational, and entertainment purposes only. The Company assumes no responsibility for any errors or omissions in the Website content or on any third party sites. The Company shall not be liable for any damages resulting from your use of, or reliance upon, the Website or any content contained therein or matters related thereto.

As you access the Website, please note that all information contained on the Website regarding homes, floor plans, materials and features offered by Neighborhood Builders within the communities has been provided to the Company by Neighborhood Builders within the communities. Although every effort has been made to ensure that the information is accurate, each Neighborhood Builder has the right to modify or change its information at any time and without notice, and the Website may contain inaccurate, incomplete or outdated information, maps, diagrams, depictions or accounts. Updates to the Website are made from time to time based on receipt of information from each Neighborhood Builder, and you should not assume that the information on the Website has been updated with current information.

MAPS AND DEVELOPMENT PLANS FOR THE COMPANY’S COMMUNITIES
All maps 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 Company’s communities. Artist’s renderings, photos, specifications and planned amenities continue to evolve and are based on current proposed development plans that are subject to change without notice. The maps are for illustrative purposes only and no guarantee is made that the facilities and features depicted within a certain community will be constructed, or that if constructed, the number, type, size and location will be as depicted. The Company does not guarantee the current or future use of lands outside the boundaries of current communities.

ZONING
The zoning and land use designations for the communities is subject to change from time to time. You are strongly advised to investigate and determine if the zoning and land use designations for any community of interest and other real properties in the vicinity of such community are compatible with your occupancy, use and enjoyment of a lot and residential dwelling. Neither any Neighborhood Builder (including any of their respective agents, employees, or affiliates) nor the Company, has made any representation concerning the timing, location, configuration or existence of any non-residential use on or about any community. The total number of residential units may increase or decrease from the current plan, depending upon market conditions or other conditions, including the annexation of additional property to the community. Plans for common areas, common elements, and similar features and amenities surrounding residential areas may be affected by such changes.

INTELLECTUAL PROPERTY.
All materials published on the Website, including, but not limited to, images, photographs, graphics, logos, data, information, text, design, artwork or other copyrightable elements and trademarks, service marks, trade names and any other intellectual property is the exclusive property of the Company and the homebuilders located within the Company’s communities. This Website is provided for your personal and non-commercial use only.  Materials may not be copied, reproduced, displayed, republished, transmitted, distributed, altered or otherwise used, in whole or in part, in any manner without the prior written consent of the Company. Your use of the Website does not give you any ownership rights in the information contained on the Website.

TERMINATION.
You agree that the Company, in its sole discretion, may terminate or suspend your use of the Website at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website. Accessing the Website after such termination, suspension or discontinuation shall constitute an act of trespass. You agree that the Company shall not be liable to you for any termination or suspension of your access to the Website.

RELEASE AND LIMITATION OF LIABILITY.
COMPANY 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 VOLUNTARILY AND WITH FULL KNOWLEDGE WAIVE, DISCLAIM, AND RELEASE COMPANY (AS BROADLY DEFINED ABOVE) FOR FROM AND AGAINST 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. THE WEBSITE AND ANY AND ALL CONTENT CONTAINED THEREON IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

INDEMNIFICATION.
You agree to indemnify, protect, defend and hold harmless Company and Company’s affiliated entities from and against any and all claims, judgments, causes of action, damages, penalties, fines, costs, liabilities, losses and expenses arising at any time out of or in connection with your (a) failure to comply with the Terms of Use, or (b) any use of the Website. The Company expressly rejects any obligation to indemnify, defend or hold you harmless arising out of these Terms of Use or the Website.

GENERAL TERMS AND GOVERNING LAW.
Unless otherwise specified herein, the Terms of Use constitute the entire agreement with respect to this Website.  If any provision in the Terms of Use is determined to be void or unenforceable pursuant to applicable law, the remaining provisions shall continue in full force and effect without being invalidated in any way.  The Company’s failure to enforce any right under the Terms of Use will not waive that right for future violations.  You acknowledge that a violation of the Terms of Use by you shall entitle the Company to seek all available remedies at law or in equity, including the equitable remedies of a temporary restraining order and preliminary and permanent injunctions for the irreparable harm suffered by the Company.  In any legal action involving this Website, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.  To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Nevada, U.S.A., unless superseded by U.S. federal law, without regard to conflict of law principles and without regard to the United Nations Convention on Contracts for the International Sale of Goods. To the fullest extent permitted by law, the controlling language for these Terms of Use is English.

JURISDICTION.
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 CLARK, STATE OF NEVADA, 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.

COPYRIGHT INFORMATION
Copyright © 2015, KAG Property LLC. All rights reserved. The Company invites viewers to browse the Website and the linked pages to obtain information about the communities of KAG Property LLC. The entire contents of this Website, including images and text, graphics, charts, pictures, photographs, images, icons, renditions and floor plans, as well as works that are licensed to the Company and found within this Website’s related pages are copyrighted as a collective work and currently owned by the Company and/or its affiliates, partners or Neighborhood Builders and used with their express permission. The Company grants a limited license to viewers to download or print pages from the Website for personal informational purposes only, and not for any commercial purposes. Use of this Website by viewers is based upon their agreement to abide by these terms. Any violation of the foregoing conditions or use will subject the user to the possibility of full prosecution under applicable law. If you have any questions regarding these Terms of Use, please contact us at info@skyecanyon.com or at KAG Property LLC, Attn: Website Terms of Use, 11411 Southern Highland Parkway, Suite 300, Las Vegas, Nevada 89141