LEGAL NOTICES PAGES
WHAT PERSONAL INFORMATION WE COLLECT
Some information that identifies you as an individual (“Personal Information”) is gathered when you register with our Website (”Site”), or participate in community activities, focus groups, and interviews, sweepstakes, and promotions (including incentive programs). We also collect Personal Information about you to the extent that you provide it to us online (e.g., by filling out forms on the Site or by submitting such information in an email message) and offline (e.g., by filling out a comment card at one of our locations, or by registering for information concerning the community and/or its amenities). You provide your Personal Information voluntarily.
Personal Information requested may include your name, your street mailing address, your email address, your telephone number, and other information, including information about your personal or business demographics and your home purchasing preferences. In addition, we may ask you to enter an ID, password or similar data when you access this Site, so we can verify your right to access certain portions of the Site.
We might also obtain Personal Information about you provided to us by your friends, including your name and email address, as this Site allows visitors to the Site to send information about our community to others via email. If you choose to tell a friend about our community, we will ask you for your friend’s name and email address. We endeavor to send to your friend such emails. We may elect not to send the email in certain circumstances in our discretion (e.g., if the email contains inappropriate or inaccurate information or content). We store your friends’ Personal Information for the purposes of sending these emails, tracking the success of our referral program and promoting our community. Your friend may contact us at email@example.com to request that we remove your friend’s Personal Information from our database.
HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT?
Our goals in collecting Personal Information from you include: (i) providing you with information about the community such as: phase releases, pricing, amenities, upgrades and enhancements, community events and other information we deem you may find of interest; (ii) supporting business purposes, and community planning endeavors, that we believe are reasonable and consistent with fair business practices; (iii) notifying you if you are a winner of a sweepstakes, or to provide any information regarding any promotion or incentive program, that you have participated in; and (iv) contacting you concerning phased releases, amenities, upgrades, enhancements, community events or activities, services and products for new homes in the community that might be of interest to you. We also use your Personal Information to determine other information that will be delivered to you that may be targeted to your interests, as well as determining what periodic marketing, promotional and other notices to provide to you. You may, at any time, choose to not receive communications from us by “opting out” of specific mailing lists and services by sending an email requesting removal to our Customer Service Department at: firstname.lastname@example.org, or by writing us at the mailing address listed below.
HOW WE SHARE PERSONAL INFORMATION
We may disclose your Personal Information to homebuilders that participate with our communities, to our affiliates (i.e., companies that we own, we are owned by, or we are under common ownership with), to consultants, and to other third parties with whom we have a business relationship. We may also disclose your Personal Information to third parties as we deem necessary or desirable to provide products and services that you have requested. Your Personal Information may also be disclosed to third parties on an aggregate basis and in a manner that does not reveal the personal identity of you or your business. For real estate professionals who are participants in our Incentive Programs (defined below), we may disclose your Personal Information to a third party shipper, if applicable, so that any incentives or rewards that you have earned pursuant to the Incentive Program can be shipped and delivered to your home or business. We may also disclose your Personal Information as we believe is reasonably necessary to comply with law, regulation, or other governmental authority. Finally, we may disclose your Personal Information upon a transfer or sale to another entity of all or a portion of our stock or assets to which this Policy relates, or upon any other corporate reorganization.
HOW TO MODIFY YOUR PERSONAL INFORMATION
You may modify or update your Personal Information by sending an email to our Customer Service Department at: email@example.com. Data management requests are administered in an orderly manner to the extent feasible and within our direct control.
OTHER LIMITS TO YOUR PRIVACY AND CONFIDENTIALITY
We may disclose Personal Information in special cases when we have reason to believe that disclosing the Personal Information is necessary for us to protect or enforce our legal rights, or when we believe that the law requires it, and for administrative and other purposes we deem necessary to maintain, service, and improve our products and services.
We operate this Site (including without limitation its registration system) and provide our services in good faith, but on an AS-IS, AS-AVAILABLE basis. ANY WARRANTIES OF ACCURACY, QUALITY, TITLE, FITNESS, MERCHANTABILITY, OR NON-INFRINGEMENT ARE DISCLAIMED. WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR EVENTS BEYOND OUR DIRECT CONTROL. This Policy is governed by the laws of the State of Texas, including conflicts of law principles. Any provision of this Policy that is illegal or unenforceable shall be deemed automatically conformed to the minimum requirements of law. Any legal actions against us must be commenced in Texas within one year after the claim arose, or be barred.
SWEEPSTAKES, PROMOTIONS AND COMMUNITY ACTIVITIES
We may from time to time offer sweepstakes, promotions (including incentive programs), community activities, and other programs in which we may request Personal Information. Your participation in any such sweepstakes, promotion, activity or program will be subject to the official rules of such sweepstakes or the terms and conditions of such promotion or activity, or any release that you may sign, and any additional related conditions that may be posted on this or other applicable websites, or as otherwise provided.
INCENTIVE PROGRAMS AND SIMILAR PROMOTIONS FOR REAL ESTATE PROFESSIONALS
We may offer from time to time rewards programs and various other sweepstakes, promotions, and incentive programs (“Incentive Programs”) specifically for real estate professionals, in which we request Personal Information, such as your name, address, email address, and phone number. The participation of real estate professionals in an Incentive Program will be subject to the terms and conditions, or official rules, of such program, any release you may sign and any additional related conditions that may be posted on this or other applicable websites, or as otherwise provided.
RETENTION AND PROTECTION OF PERSONAL INFORMATION
Generally, we retain your Personal Information that we collect electronically on our server or in our archives for as long as we reasonably need it. We may alter this practice according to legal and business requirements. For example, we may shorten the retention period for certain Personal Information if needed to free up storage space, and we may lengthen the retention period for other Personal Information if needed to comply with privacy standards or applicable law.
We establish and maintain certain practices to help protect the confidentiality, security, and integrity of electronic Personal Information stored on our system. Notwithstanding the foregoing, no computer system is completely secure, and while the measures we implement are intended to reduce the likelihood of security problems, there is no warranty or guarantee that our standard security measures will prevent access to your Personal Information.
CONSENT AND REVISIONS
By using or accessing our services or this Site, by participating in the activities or programs outlined above, or similar activities or programs, or by providing Personal Information, you agree to this Policy. This document supersedes any prior communication on this topic and reflects the entire and exclusive Policy. We reserve the right to revise this Policy from time to time, and will post any revisions on this Site. Additionally, if you provide an email address as part of your registration, we may send an email to such address to inform you of changes to this Policy. Upon publication, the updated Policy will be deemed to replace the prior version of this Policy. We encourage you to review our website regularly for changes. If at any time, you do not agree with the terms in the updated Policy or if you want to be removed from our database, please let us know using the contact information below and we will remove your name and other Personal Information from the database.
YOUR QUESTIONS AND COMMENTS
If you have questions about this Policy or would like to be removed from our database, please send an email to: firstname.lastname@example.org, or contact us by mail at: Customer Service Department, Rise Communities, LLC, 814 Avenue C, Katy, Texas 77493.
LINKS TO THIRD-PARTY WEBSITES
The Site may be linked to other websites on the Internet or World Wide Web that are not affiliated or associated with, under the control of, or otherwise maintained by Owner. If you use these links, you may leave the Site. Owner has not reviewed any such linked third-party sites and does not control and is not responsible for any such sites or their content. Fee Owner 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 sites linked to the Site, you do so entirely at your own risk.
Owner, Rise Development Katy, LLC, and Rise Communities, LLC (collectively, the “Owner Group”) are the owner and developer of the Cane Island Community (“Community”). The Owner’s responsibility with respect to the Community is limited to the development of certain infrastructure improvements (e.g., streets, parks, etc) and all obligations of Owner run solely to the Builders or other persons buying property directly from Owner. Home builders (“Builders”), unaffiliated with the Owner Group are building homes in the Community. The Owner Group is not co-developing, co-building, or a partner, or joint venturer with such Builders. The Owner Group is in no way responsible for any obligations or representations of any of the Builders to third parties and/or home buyers, and the Owner Group shall incur no liability whatsoever nor shall it have any obligations or liability to any home buyer regarding a home purchase from a Builder. Buyers of homes from any of the Builders waive, to the fullest extent permitted by law, any and all rights, claims, causes of action and other rights against the Owner Group arising out of their purchase transaction with the Builders. None of the entities comprising the Owner Group are a guarantor or party to any of the agreements between the Builders and third parties, including home buyers, and furthermore Rise Development Katy, LLC and Rise Communities, LLC are not a guarantor or party to any of the agreements between Owner and any third parties or the Builders. Homebuyers shall look solely to the Builders with respect to any claims or issues arising out of their purchase of a home in the Community.
Owner makes no, and hereby disclaims all, warranties, express, implied, and statutory, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, compliance with federal, state, and local regulations, the accuracy, timeliness, relevance, reliability or completeness of the Site or the Materials or any other warranties regarding the Site, Materials, or the quality, suitability, truth, accuracy, timeliness, relevance, and completeness of any content or other Materials contained on the Site. Owner does not warrant that access to the Site will be uninterrupted or error-free. The Site is made available “as-is” and “with all faults.”
Future development of any community being developed by Owner or any Affiliates may or may not occur as shown on illustrations, depictions, or maps.
UNLAWFUL AND PROHIBITED USES
You agree not to use this Site, including, but not limited to, any materials or services that you may receive through your use of this Site: (a) in a manner that violates any local, state, federal, foreign, or international statute, regulation, rule, order, treaty, or other law or for any purpose that is prohibited by these terms, conditions, or notices; (b) to stalk, harass or harm another person or to interfere with any other party’s use and enjoyment of this Site; (c) to impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to damage, disable, overburden, interfere or disrupt this Site or the servers or networks connected to this Site or any of Owner’s or Affiliates’ related websites. You further agree not to: (a) use any data mining, robots, or similar data gathering or extraction methods in connection with this Site, or (b) attempt to gain unauthorized access to any portion of the Site or any other services, accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
The information contained within press releases issued by Owner and its Affiliates should not be deemed accurate or current except as of the date the release was posted. Owner and its Affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.
Owner and Affiliates are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. Owner and Affiliates encourage and support an affirmative advertising and marketing program in which there are not barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
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 Owner or its Affiliates. All rights are hereby expressly reserved. The Materials contain trademarks, service marks, and trade names which are owned by Owner and/or its Affiliates, 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: (A) Any copy of the Materials or portion thereof must include all copyright notices appearing on the original. Owner reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Owner. (B) Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark, or other intellectual property rights (“Intellectual Property Rights”) of Owner or its Affiliates, or any third party, and, except as expressly provided herein, all such Intellectual Property Rights in the Materials on the Site are expressly reserved to Owner and/or its Affiliates, and/or any third party, as applicable.
HYPERLINKS TO THIS SITE
You are granted a limited, nonexclusive right to create a “hypertext” link to the Site, provided that such link is to the entry or home page of this Site and does not portray Owner or its Affiliates or any of their products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Owner at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Owner 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 Fee Owner in each instance. In addition, you may not use any metatags or any other “hidden text” utilizing Owner’s or an Affiliates’ name, trademark, or product name without Owner’s express written consent in each instance.
No guarantee can be made that development of the Cane Island Community (“Community”) will proceed as described in this website. Some properties being developed in the Community may only be in the formative stages and are not currently constructed, but are envisioned for the future. Any information on such properties is presented to set forth prospective developments for general informational purposes only.
Katy 850 LLC, Rise Development Katy, LLC, and Rise Communities, LLC (collectively, “Owner”) are the owner and developer of the Community. Certain homebuilders unaffiliated with the Owner are building homes in the Community (“Builder(s)”). Owner is not responsible for any of the obligations or representations of any of the Builders, and shall have no obligations to any buyer regarding a home purchase from a Builder. Purchasers of homes from any of the Builders waive any claims against Owner arising out of their purchase transaction.
This website and the information contained on this website is not intended to be an offer to sell nor a solicitation of offers to buy real estate in the Community to residents of Connecticut, Hawaii, Idaho, Illinois, New York, New Jersey, and Oregon, or in any other jurisdiction where prohibited by law.
Owner is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. Owner encourages and supports an affirmative advertising and marketing program in which there are no barriers based on one’s status to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.
Each Builder in the Community provided the narrative that relates to such Builder. Owner does not endorse and expressly disclaims any responsibility for such narrative provided by the Builders. Purchasers of Builder homes must independently investigate, confirm, and judge all information provided by the Builders without any reliance on Owner. Owner is not affiliated with nor a part of the Builders and their businesses.
Developer may be entitled to a marketing fee from the Builder of a new home in the Community, which fee may be charged back by said Builder to the purchaser of a home in the Community. Prospective purchasers should check with the Builder regarding payment of the fee.
Any list of service providers is an example of available service providers. It is not an exclusive list, nor a recommendation of the listed providers. Homebuyers must rely solely on their own investigation and judgment in identifying and choosing a service provider.
Some images included in this website do not depict any specific product or service which may be located in the Community. No trademark owner or manufacturer is affiliated with this website or the Community, and no such trademark owner or manufacturer endorses any product or service awarded as a result of this website.
The maps are for illustration purposes only, based upon current development concepts, which are subject to change without notice. No guarantee is made that the features depicted will be built, or, if built, will be as depicted.
Photographs shown on this website do not always depict actual locations/features in the Community. Artist renderings are for illustration purposes only, based upon current development concepts, which are subject to change without notice.
Prices, specifications, details, and availability of a Builder’s new homes are subject to change without notice. All square footage is approximate.
Additional fees may be required. MAPS NOT TO SCALE.
If you have any questions regarding the Site, please contact us at email@example.com.