These Terms of Use (“Terms”) govern your access to and use of the Le Capitan at the Promontory website at lecapitanviews.com and any related content, materials, and communications (collectively, the “Site”). By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
No Offer; Informational Only
The Site is provided for general informational purposes about Le Capitan homesites and the surrounding community. Nothing on the Site constitutes an offer to sell or a solicitation of an offer to buy real property, securities, or any other product or service. Any sale of a homesite is governed solely by a fully executed written purchase agreement between the buyer and the seller.
Maps, site plans, lot boundaries, dimensions, acreage figures, addresses, parcel numbers, surveyor materials, renderings, photographs, drive times, and amenity descriptions are conceptual or based on available information at the time of publication. They are provided for general reference, may change without notice, and do not represent final as-built conditions. Prospective buyers should rely solely on the official recorded subdivision documents, surveyor records, the Promontory Specific Plan, the Wildland Urban Interface fire protection plan, design guidelines, recorded easements, and CC&Rs, together with their own independent inspections and professional advisors.
Equal Housing Opportunity
Le Capitan is committed to equal housing opportunity. We do not discriminate against any prospective purchaser on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, familial status, national origin, ancestry, source of income, disability, military or veteran status, or any other characteristic protected by federal, state, or local law.
Acceptable Use
When using the Site, you agree not to:
- Use the Site in any manner that violates applicable law or these Terms.
- Attempt to access, probe, scan, or test the vulnerability of the Site or any related network without authorization.
- Interfere with or disrupt the operation of the Site, including through the use of viruses, malware, denial-of-service techniques, or excessive automated requests.
- Reverse engineer, decompile, or attempt to extract source code, except to the extent permitted by law.
- Use the Site to send unsolicited communications, scrape or harvest contact information, or impersonate any person or entity.
- Misrepresent your identity or interest in a homesite for any deceptive purpose.
Intellectual Property
All content on the Site, including text, graphics, logos, photographs, video, illustrations, site plans, and software, is owned by Le Capitan or its licensors and is protected by United States and international intellectual property laws. You may view and print pages of the Site for your personal, non-commercial use. Any other use, including reproduction, modification, distribution, transmission, public display, or commercial use, requires our prior written consent.
Third-Party Content and Links
The Site may include content provided by third parties (for example, embedded video hosted by YouTube, map tiles served by third-party providers, or links to other websites). We are not responsible for the content, accuracy, or practices of third parties. Your use of third-party content is at your own risk and may be subject to the third party's own terms and privacy policies.
Forward-Looking Statements
The Site may contain forward-looking statements regarding development plans, timelines, amenities, community features, and other matters. These statements involve risks and uncertainties, and actual results may differ materially. We undertake no obligation to update forward-looking statements to reflect events or circumstances after the date hereof.
Disclaimers
THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE INFORMATION WILL BE ACCURATE OR COMPLETE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LE CAPITAN, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU IN PART.
Indemnification
You agree to indemnify, defend, and hold harmless Le Capitan and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site or your violation of these Terms.
Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. The exclusive venue for any dispute arising out of or related to these Terms or the Site shall be the state or federal courts located in Sacramento County, California, and you consent to personal jurisdiction in those courts.
Modifications
We may update these Terms from time to time. The updated version takes effect when posted, and your continued use of the Site after posting constitutes acceptance. Please review these Terms periodically.
Severability and No Waiver
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force. Failure to enforce any provision is not a waiver of future enforcement.
Contact
Le Capitan at the Promontory
Email: info@lecapitanviews.com
Phone: (916) 508-0426
El Dorado Hills, California