TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT

Welcome to the www.thesfshipyard.com website operated by The Shipyard Communities, LLC (“The Shipyard Communities”) and referred to in this Terms and Conditions of Use and Privacy Statement (“Terms of Use”) as the “Website.”

1.    Acceptance. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  By accessing and using this Website, all users (individually, a “User” and collectively, “Users”) of this Website acknowledge that you have read, understand and agreed to be bound by the Terms of Use and all applicable laws.  If you do not agree to these Terms of Use, do not view, browse or use any portion of this Website.  The Shipyard Communities may revise, modify, amend or supplement these Terms of Use at any time by updating this posting.  Your continued use of this Website constitutes your agreement to comply with such revisions.  If you breach any of these Terms of Use, your permission to access or use this Website is automatically and immediately revoked.  Any rights not expressly granted by these Terms of Use are reserved by The Shipyard Communities.

2.    Copyright Notice. Copyright © 2017 THE SHIPYARD COMMUNITIES, LLC.  All rights reserved.  The information, services, text, graphics, links or other material (“Content”) of this Website are provided by The Shipyard Communities as a service to the public and are to be used for personal, informational purposes only.  The entire Content included in this Website is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Shipyard Communities.  No Content from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except the User may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content from the different areas of this Website solely for the User’s own non-commercial use.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this Website is strictly prohibited.  The User further agrees not to change or delete any proprietary notices from Content downloaded from this Website.  Any violation of the foregoing conditions or use will subject the User to the possibility of full prosecution under applicable law.

3.    Trademark Notice. The trademarks, registered trademarks, service marks, registered service marks, logos, slogans, trade names and trade dress (“Marks”) used on this Website are proprietary to The Shipyard Communities, FivePoint Holdings, LLC (“FivePoint”), their parent companies, subsidiaries, affiliates or licensors and are protected by law. Some of those Marks include, but are not limited to, the following:

The San Francisco Shipyard

A New Story 150 Years in the Making
The Spirit of San Francisco
Candlestick
FivePoint

FivePoint Communities Management, Inc.

The Shipyard Communities, FivePoint, or their parent companies, subsidiaries or affiliates may, from time to time, add or register Marks in addition to those listed above.  The absence of a company name or Mark from this list does not constitute a waiver of The Shipyard Communities’ or FivePoint’s (or their parent companies’, subsidiary’s or affiliate’s) trademark or intellectual property rights.  The unauthorized use of any Marks on this Website is strictly prohibited. Fair use of the Marks requires proper acknowledgment.  Any third party names or trademarks referenced in this Website do not constitute or imply affiliation, endorsement or recommendation by The Shipyard Communities or FivePoint and neither The Shipyard Communities nor FivePoint make any claims to the Marks of others that may appear on this Website.

4.    Links to Other Websites and/or Materials. Hypertext or other computer “links” may appear on this Website that may be used to link to other websites, including websites operated by other parties.  These links are provided as a courtesy to Website visitors.  In most cases The Shipyard Communities has no control over the linked websites or the materials, site plans, building renderings, floor plans, neighborhood maps, aerial photos, neighborhood photos, and/or enhanced descriptions of neighborhoods, other illustrations and other information, goods or services available or contained on these linked websites, including their privacy practices and terms and conditions of use.  The Shipyard Communities is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked websites or any privacy or other practices of such websites and The Shipyard Communities disclaims all liability with respect to your access to, use of, or transactions or other interaction with those linked websites.  If you decide to access any of the linked websites, you do so entirely at your own risk.

5.    Disclaimers. Although The Shipyard Communities attempts to ensure the integrity and accurateness of the Content of this Website, it makes no guarantees whatsoever as to the timeliness, completeness or accuracy of the Content.  Content provided on this Website is intended for informational purposes only and is not intended to constitute an offer or solicitation.  Information contained on this Website may be changed or updated without notice.
THIS WEBSITE AND THE CONTENT PROVIDED HEREIN IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SHIPYARD COMMUNITIES, FIVEPOINT,  ANY PARENT COMPANIES, ANY SUBSIDIARIES OR AFFILIATED COMPANIES, ANY OF THEIR RESPECTIVE LICENSORS, SUPPLIERS AND THEIR RELATED PARTIES DISCLAIM ALL WARRANTIES OR REMEDIES FOR BREACH OF WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF THE CONTENT AVAILABLE FROM OR THROUGH THIS WEBSITE. IN NO EVENT WILL THE SHIPYARD COMMUNITIES, FIVEPOINT, OR ANY SUBSIDIARY OR AFFILIATED COMPANY, ANY OF THEIR RESPECTIVE LICENSORS, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.

6.    Limitation of Liability. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF THE SHIPYARD COMMUNITIES AND FIVEPOINT ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THIS WEBSITE AND ITS CONTENT SHALL NOT EXCEED FIFTY DOLLARS (U.S.).  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE CONTENT, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THIS WEBSITE AND/OR THOSE SERVICES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

7.    Real Estate Information; Site Plan/Neighborhood Map Disclaimer. You agree by your use of this Website to all of the following: All information regarding any properties, product, design specifications, materials and terms is preliminary and subject to change without notice to you.  The purchase agreement for a particular home or property contains the terms and conditions of the purchase and supersedes any information to the contrary set forth on this Website.  Site plans, building renderings, floor plans, neighborhood maps, aerial photos, neighborhood photos and/or computer generated or enhanced depictions of neighborhoods (collectively “Illustrations”) posted on this Website or appearing through hypertext or other computer links on this Website that may be used to link to other websites, including websites operated by other parties are conceptual in nature and are merely an artist’s rendition, and may not accurately represent the actual condition of the item being represented and should never be relied upon.  All Illustrations are posted on this Website for illustration purposes only and do not in any way indicate any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination.  THE 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 OR NOT REFLECTED ON THE ILLUSTRATIONS, MAY NOT BE SHOWN OR MAY BE INCOMPLETE OR INACCURATE AND MAY OR MAY NOT CHANGE IN THE FUTURE.  IT IS NOT UNCOMMON THAT ANY OF THE FOREGOING OR THE ILLUSTRATIONS CAN CHANGE WITHOUT NOTICE TO YOU.  YOU SHOULD NEVER RELY ON THE ACCURACY OF THE FOREGOING OR THE ILLUSTRATIONS IN MAKING ANY DECISIONS RELATIVE TO PURCHASING ANY PROPERTY.

8.    Indemnification. You agree to indemnify and hold The Shipyard Communities,  and its parent companies, affiliates, subsidiaries, agents, management companies and related parties, and their respective officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website, violation of these Terms of Use, or the infringement by you, or any other user of your name, of any intellectual property or other right of any person or entity.

9.    Applicable Laws. The Shipyard Communities operates this Website from its offices in California and makes no representations that materials in this Website are appropriate or available for use in other locations.  Access to this Website from any territory where the Content is illegal is prohibited.  If you choose to access this Website from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations.  The display of this Website alone does not subject The Shipyard Communities to any specific jurisdiction.  Any claim related to the use of this Website, the Content or these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely in California, without regard to choice of law principles. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against The Shipyard Communities or any of its parent companies, affiliates, subsidiaries, agents, management companies or related parties.  Any action brought in connection with this Website or Website Content shall be brought in either the state or federal courts with jurisdiction in Orange County, California and you agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Orange County, California.

10.    Notices Required by California Law. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of this Website is The Shipyard Communities, LLC, 1 Sansome Street, Suite 3200, San Francisco, CA 94104.  If you have a question or complaint regarding this Website or to receive further information regarding use of this Website, please send a letter to the attention of “Communication Representative” at the above address.  You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

If you are a California resident and have provided personal information to The Shipyard Communities, you are entitled by law to request certain information regarding any disclosure by The Shipyard Communities to third parties of personal information for their direct marketing purposes.  To make such a request, either (i) send an email to info@thesfshipyard.com or (ii) mail a request to The Shipyard Communities, LLC, 1 Sansome Street, Suite 3200, San Francisco, CA 94104, specifying that you seek your “California Customer Choice Privacy Notice.”  Please include your name, address, email address, the specific Website to which your request pertains, and what personal information you do not want us to share with third parties for their direct marketing purposes.  Please note that there is no charge for controlling the sharing of your personal information or for processing this request.  Please allow 30 days for a response.  The Shipyard Communities is required to respond to only one request per customer each year, and is not required to respond to requests made by means other than through the above email address.

11.    Statute of Limitations. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or the Terms of Use must be filed within one year after such claim or cause of action arose.

12.    Forward-Looking Statements. This Website may contain forward-looking statements regarding The Shipyard Communities’ business, FivePoint’s business or the business of subsidiaries, affiliated companies, direct or indirect members, shareholders or partners, future products and services or other factors that may affect future earnings or financial results.  Such statements involve risks and uncertainties that could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements.  Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.

13.    Privacy Policy.

Introduction and General Privacy Policy Statement

Your privacy is very important to The Shipyard Communities.  As part of the normal operation of this Website, The Shipyard Communities may collect information about you including, but not limited to, your first and last name, home address, email address, cell phone number and home telephone number.  The Shipyard Communities may also collect personal information about you whenever you transact business with The Shipyard Communities, request information or materials, create or update a profile, communicate with The Shipyard Communities or visit this Website.  When you visit this Website, The Shipyard Communities receives and records non-personal information on our server logs from your web browser and through other analysis of this Website, including but not limited to the use of “cookies” that reside on your computer’s hard drive to store information about your use of this Website. (See more information about “Cookies and Other Tracking Devices” below.)

The Shipyard Communities uses your information to respond to your requests for information or services, for general record-keeping purposes and to otherwise contact you about promotions, available products or services.  The Shipyard Communities does not sell information about you to unaffiliated third parties.  However, The Shipyard Communities may share your information with selected third party companies and individuals that perform functions on our behalf or they may collect the personal information on our behalf and provide it to us.  Examples include conducting surveys and contests, sending you electronic and other messages about properties developed in one of our affiliated company neighborhoods, managing and operating this Website, sending postal mail and e-mail, performing data management and analysis and for other customer service, marketing and promotional purposes. The Shipyard Communities may also release your personal information when we believe such disclosure is appropriate to: (i) comply with law or a court order or other legal process; (ii) protect the rights, property or safety of The Shipyard Communities, this Website, our Users, or others; or (iii) enforce these Terms of Use.  Your use of this Website constitutes your permission for The Shipyard Communities to use and share the information collected from you as provided herein.

Notwithstanding the foregoing, any information, communication or material you provide to us, whether received online, electronically, in person or otherwise collected by or submitted to us, including personally identifiable information, data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary.

Anything you transmit or post becomes the property of The Shipyard Communities and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, market research, development of prospect lists, project planning, broadcasts, posting and marketing, among other things.  We may also use information transmitted to us through this Website to send you electronic and other messages about a property in one of the communities developed by an affiliated company, or an offering from one of our parent companies, subsidiaries or affiliated companies.  Your use of our Website constitutes your permission to do so. You may unsubscribe from any messages we send at any time and will not receive further electronic messages from us by following the instructions included within the message.

Information on the Internet tends to develop “a life of its own” and may find its way to recipients to whom it is not intended or persons you may not want to have such information.  This is beyond the control of The Shipyard Communities, and you are advised that such transmissions may not be secure.

Categories of Information We Collect

When you request assistance to find a new home, or lease or purchase commercial property, we will request your name, address, email address, home telephone number, work telephone number, fax number and cell phone number.

When you make inquiries concerning investor relations, we will request your name, address, email address, home telephone number, work telephone number, fax number and cell phone number.  When you make inquiries concerning career opportunities, we will request your name, address, email address, home telephone number, work telephone number, fax number and cell phone number.  We will also request a copy of your resume, your highest level of education and information about the type of job you are seeking.

If you are a real estate agent, broker or other licensed person seeking information on our communities, a party interested in conducting business with The Shipyard Communities or if you contact us with land you have for sale, we will request your name, address, email address, home telephone number, work telephone number, fax number and cell phone number.

If you wish to contact our Communications Representative, we will request your name, address, email address, home telephone number, work telephone number, fax number and cell phone number.

Sharing Information Collected on Our Website

We may share personal information among the The Shipyard Communities, FivePoint, and their subsidiaries and affiliates.  We may also share information with select third parties who offer goods or services we think may be of interest to you.  We may share personal information in order to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.  In addition, we may share personal information when we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the these Terms of Use, or as otherwise required by law.  The third parties with whom we share personal information will be solely responsible for protecting your privacy and the liability of The Shipyard Communities, its parent companies, subsidiaries and affiliates will be limited in accordance with these Terms of Use.

Cookies and Other Tracking Devices

We may use cookies and other tracking devices on our Website.  Using cookies on our site provides benefits to you, such as allowing you to maintain your account login information, if applicable, between visits.  The use of cookies also allows us to measure site activity to provide a better user experience.  Cookies and other tracking devices may be used to tell us the time and length of your visit, the pages you look at on our Website, the site you visited just before coming to ours, and the name of your Internet service provider.  We may use third parties to serve our advertisements on other websites.  In serving our advertisements, these companies may use cookies and other tracking devices to collect certain non-personally-identifiable information about your visits to other websites (such as browser type, IP address, which page was visited, and time of day).  This information may be used to evaluate our online advertising campaigns or to tailor promotions and other marketing messages to you.  You may elect to refuse cookies.  Please refer to your browser Help instructions to learn more about cookies and how to manage their use.

Do-Not-Track Signals

Our Website does not respond to do-not-track (“DNT”) signals; however, we do not use any retargeting codes that would potentially follow you.  Our CRM system may collect user information.  Only our marketing team and FivePoint’s marketing team has access to this information.  Our Website does not include any other third-party applications that collect visitors’ information.

Notification of Privacy Policy Change

If we make material changes to our privacy policy, we will provide notice of the change by posting a notice on the homepage of our Website.

Your California Privacy Rights

You may request certain information from The Shipyard Communities concerning the customer information that we have shared with third parties for their direct marketing purposes.  The information, which we will provide free of charge once per calendar year upon request, includes a list of the types of customer information that we have provided to third parties for their direct marketing purposes and the names and addresses of all third parties with which we have shared such information during the past calendar year.  We will provide the information to you within 30 days of your request.

To request that we provide you with such information, please send a written request to The Shipyard Communities, LLC, 1 Sansome Street, Suite 3200, San Francisco, CA 94104, Attention: Communications Representative.  Within 30 days of receiving your request, we will provide you with the information at the address you designate in your request, which may be an email address or physical address.  Notwithstanding the foregoing, any information, communication or material you provide to us, whether received online, electronically, in person or otherwise collected by or submitted to us, including personally identifiable information, data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary.  Anything you transmit or post becomes the property of The Shipyard Communities and may be used for any purpose.
Effective Date

This privacy policy is effective as of May 18, 2017.

14.    Security. The Shipyard Communities complies with applicable federal law regarding the safeguarding of your personal information and we employ reasonable administrative, technical and physical safeguards to protect the security, confidentiality, and integrity of your information as required by law.  However, The Shipyard Communities cannot guarantee the security of the information on and sent from this Website.  Unfortunately, no data transmission over the Internet or on a computer can be guaranteed to be 100% secure.  Any such transmission is done at your own risk.

15.    Public Forums. This Website may make chat rooms, message boards, news groups and other interactive areas available to you.  Please understand that any information that is disclosed in these areas becomes public information.  We have no control over its use and you should exercise caution when deciding to disclose any personal or any other information about yourself.  The information presented in these areas reflect the views of the individual users or hosts and do not necessarily reflect the views of The Shipyard Communities or any of its parent  companies, affiliates, subsidiaries, agents, management companies or related parties.

16.    General Information. These TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT constitute the entire agreement between you and The Shipyard Communities and govern your use of this Website.  The failure of The Shipyard Communities to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the applicable provision, and the other provisions of the Terms of Use shall remain in full force and effect.  The Shipyard Communities reserves the right, in its sole discretion, to terminate your access to all or any part of this Website, with or without cause, and with or without notice.  The section headings are for convenience only and have no legal or contractual effect.  This Website is directed to persons 18 years of age or older.  The Shipyard Communities and this Website do not knowingly collect information from children under age 18.  Any questions regarding these Terms of Use or this Website should be directed to: info@thesfshipyard.com.