Legal Information

Utah Property Management Associates Website

Terms of Use

Utah Property Management Associates (“UPMA”) has created this website (the “Website”) to provide information to those who use it. By accessing and remaining on this Website, printing or downloading materials from this Website, or using this Website in any manner, you agree to the Terms of Use set forth herein. UPMA may change any of the Terms of Use at any time by posting revisions to this Website. Your continued use of the Website constitutes your acceptance of the revised Terms of Use. Except for the Terms of Use stated herein, use of this Website does not create a contract, agreement, legal right or obligation between you and UPMA.

Information Found On or Through this Website

This Website contains links to other websites. UPMA makes no representations whatsoever about other websites that you may access through this Website. A link to a non-UPMA website does not mean that UPMA endorses or accepts any responsibility for the content, use, or products and services made available through such website. Framing any portions of our site, without our express written permission is prohibited, although UPMA does not object to linking directly to the home page or any other page found on this site (www.utpma.com).

Be advised that UPMA is not obligated to monitor the content, or validate the accuracy, of information exchanged on its own Website. Information on this Website may contain inaccuracies or typographical errors. Information may also be changed or updated without notice.

Use of Information by Utah Property Management Associates

UPMA may disclose any content, record, or electronic communication of any kind resulting from the use of this Website for the following reasons:
To satisfy any law, regulation or authorized governmental request;
If such disclosure is necessary to operate this Website;
To protect the rights or property of UPMA or users of this Website.

Copyright

All content and materials available on this Website including without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans (collectively, the “Content”) are protected by federal law against unauthorized copying and reproduction, and are owned by UPMA or its affiliates. Content on this Website (and all related pages to this Website, etc.) including layout and presentation of this Website are also protected trade dress under applicable federal law. Any use, reproduction or distribution of material from this site without written permission of UPMA is prohibited, except that you may download, print or view individual pages of the Website for noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including, but not limited to, any copyright or trademark notices.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (COLLECTIVELY, “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THIS WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UPMA DOES NOT MAKE ANY WARRANTY THAT ANY OF THIS WEBSITE CONTENT IS ACCURATE, RELIABLE OR CORRECT, OR THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THIS WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THIS WEBSITE.

Limitation of Liabilities

IN NO EVENT WILL UPMA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, YOUR LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, reimburse and hold harmless UPMA and its affiliates from all liabilities, claims and expenses, including, but not limited to, costs and attorneys’ fees, that arise in any way from your use of the Website, Content, or your violation of the Terms of Use. UPMA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with UPMA in asserting any available defenses.

Unauthorized Use and Termination

You agree to use this Website only for authorized and legal activities. You acknowledge that UPMA may terminate your use of this Website or your access to this Website at any time, in its sole discretion with or without cause.

Land Sales Disclaimers

Content on this Website is provided solely for informational purposes. All information is subject to change without notice and information you deem important may be omitted. Refer to sales contract and related offering documents and applicable homeowners’ association materials for important information about the property. The Content is not intended to be an offering to residents in any jurisdiction where prior registration is required, and further information will not be provided to such residents. An offer to purchase real property can only be initiated by a consumer at the sales center for the particular Community where UPMA is selling lots or homes.

For all prospective purchasers of condominium units being sold by UPMA, oral representations cannot be relied upon as correctly stating the representations of the developer. Refer to the prospectus (offering circular) and its exhibits for correct representations.

Status of Facilities and Amenities

Prices, plans, dimensions, specifications, materials and availability in any UPMA community are subject to change without notice or obligation. UPMA does not guarantee the obligations of unaffiliated builders who may build and sell homes in its communities. Ownership of a residence in a UPMA community does not grant any use of or access to any of its clubs, all of which may require the purchase of separate memberships pursuant to each club’s rules or by the imposition of other conditions on use. Eligibility to join a club depends on its rules, which are subject to change. All maps and drawings are artist’s renderings for information purposes and are subject to change without notice. Illustrations are artist’s depictions only and may differ from completed improvements. Certain amenities may not be complete and completion is neither warranted nor guaranteed.

Securities Disclaimers And Forward Looking Statements

The materials and information contained on this Website do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities in UPMA or its affiliates. Furthermore, this site may contain information and press releases about and by UPMA or its affiliates; however, although this information was believed to be accurate as of the date prepared by UPMA, UPMA disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a ‘forward looking statement’ as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the ‘safe harbor’ for forward looking information and is subject to material risk factors which may or may not be disclosed herein. This site is not intended to make any investment representations about UPMA or any companies affiliated with UPMA and should not be viewed as such.

Governing Law

This Terms of Use is governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Website will be filed only in the state or federal courts located in Salt Lake County, State of Utah, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Copyright Notice

©2014 Utah Property Management Associates. All rights reserved.

Employment Disclaimer

Utah Property Management Associates is an Equal Opportunity Employer. Nothing contained on this Website, stated or implied, will be construed as an offer, contract or condition of employment. No material contained on this Website will constitute a representation, contract, policy or manual for existing employees, such being the subject of the employment documents, if any, entered into and signed at the time of employment by an officer of Utah Property Management Associates. All other employees are hired “at will” and may be terminated at any time, with or without cause pursuant to UPMA’s then existing needs.

Equal Housing Opportunity

Utah Property Management Associates is pledged to follow the letter and spirit of U.S. Policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.

EQUAL HOUSING OPPORTUNITY.
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