Legal Disclaimer

Terms of Use

These terms and conditions constitute an agreement with Stardust-Tartesso W12, Inc. ("Stardust") regarding your use of the Tartesso.com Website (the "Website"). Information on the Website relates to the Tartesso community. Additional terms and conditions of use applicable to specific areas of the Website may also be posted on the Website. Stardust reserves the right to change or modify all or any part of this agreement at any time, effective upon notice published on the Website. By accessing and using this Website, you agree to the following:

You may use this Website for your personal and noncommercial use only. By using this Website, you understand that Stardust is not providing legal or professional advice or services nor should any of the information on the Website be construed as investment advice. You may not modify, copy, distribute, create derivative works of, transmit, display, perform, reproduce, publish, license, transfer, frame in another web page or sell any information, software, products or services obtained from this Website, without express, written permission from Stardust.

The materials (including all content, information, the domain name, the TARTESSO mark and logos, any other marks appearing on the Website, and configurations, displays, screens appearing on or displayed in connection with the Website) are provided by Stardust as a service to its customers and may be used for informational purposes only. The materials on this Website are copyrighted and/or are protected by trademark and other laws. Stardust grants you a limited nonexclusive license to use the information on the Website for your internal use. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. Stardust, its affiliates and designated representatives may make changes to these materials, or to the products described therein, at any time without notice. Stardust makes no commitment to update the materials in real time after posting. The materials provided on this Website are not intended to be comprehensive and may not be current.

Links to Third-Party Websites.
This Website may contain links to Websites operated by parties other than Stardust ("External Websites"). Such links are provided for your convenience only. Stardust does not control any External Websites and is not responsible for the content or the availability of any External Website. The inclusion of links to External Websites does not imply any investigation or endorsement of their material or content. You should contact the Website administrator or webmaster for those External Websites if you have any concerns regarding such links or the content located on such External Websites.

Registration
To use portions of this Website, you must be registered. You agree to provide true and accurate information in connection with your registration and to promptly notify Stardust of any changes in the registration information. You are fully liable for all use of the Website accessed through your registration information, including any use by a user not authorized by you who accesses the Website using your registration information. You should promptly notify Stardust of any unauthorized use of your registration information or other breach of security.

Exchange of Information
In connection with using the Website, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. Stardust does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.

Conduct of Users
Stardust is not responsible for any content posted on the Website by other users. You are responsible for all content that you upload, post or email using the Website. You agree not to upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Website (e) interferes with or disrupts the Website, (f) harass another user or (g) otherwise violates any applicable law. Stardust has the right in its sole discretion to remove any content on the Website, including but not limited to content that violates this agreement or is otherwise objectionable.

Community Facilities and Third Party Services
The Tartesso community includes various facilities which may or may not be owned or operated by Stardust. Property ownership does not automatically permit access to community facilities. Access to and use of some facilities may require membership and/or payment of membership or other fees. Stardust makes no representation or warranty that these facilities or the services offered through these facilities will continue to be available or will be available to all homeowners within the Tartesso community. Stardust does not control and has no responsibility for rules and regulations for privately owned facilities or the services offered through such facilities.

Independence of Builders
Homes within this community are constructed and sold by builders not affiliated with Stardust. Neither Stardust nor any of its affiliates warrant or guarantee the obligations, construction, or pricing of builders who may build and sell homes in this community. Future development of any community being developed by Stardust or any of its affiliates may or may not occur as shown on illustrations, depictions or maps. Stardust seeks to work with reputable builders; however, each builder operates independently and is not affiliated with Stardust. Buyers of homes in communities contract directly with the builder and must rely solely on their own investigation and judgment of the builder's construction and financial capabilities inasmuch as neither Stardust nor any of its affiliates warrants or guarantees such capabilities, nor does Stardust or any affiliate of Stardust warrant or guarantee the design, pricing, engineering, construction, or availability of any home or any other building constructed by such builder at a community or the obligations of any such builder to the buyer. Exact home specifications, including pricing, floorplan, elevation and other details are subject to change at the discretion of the builder. You are to confirm with the homebuilder precise specifications and expectations before entering into any contractual agreements.

Disclaimer of Warranties and Indemnification
Stardust 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 Website or the materials or any other warranties regarding the Website, materials or the quality, suitability, truth, accuracy, timeliness, relevance and completeness of any content or other materials contained on the Website. The Website and the materials provided therein (regardless of whether such materials are created by Stardust or a third party content provider) are provided "AS IS, AS AVAILABLE." Although Stardust uses reasonable efforts to provide accurate regarding the Tartesso community, information included on the Website may not be current, may include errors or inaccuracies, and may provide estimates or approximations regarding lot sizes, floor plans, community amenities and other important information. Drawings, artist's renderings, photographs, proposed amenities and prices are based upon information provided by third parties and are subject to change without notice. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGMENT, ARE HEREBY DISCLAIMED. NEITHER STARDUST NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Accordingly, you acknowledge that you do not and will not rely on any information contained on the Website (including product or service descriptions). All information contained on the Website is subject to change at any time without notice. YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.

You agree to defend and indemnify Stardust and its affiliates, officers, directors, shareholders, employees, agents, information providers and licensors (each an "Indemnified Party"), and to hold them harmless for, from and against any and all claims, liabilities and expenses (including attorney's fees) that may arise from the use or alleged use of this Website by you or any person using your registration information, whether or not authorized by you. Each Indemnified Party reserves the right, at its own expense, to participate in the defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with such Indemnified Party in the defense of such claim.

Limitation of Liability
Neither Stardust nor any of its agents, affiliates, directors, officers, shareholders, employees or content providers shall be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of, or related to, the use of the Website or out of any breach of any obligation or responsibility that any of them may have, even if they have been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Stardust will not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IN NO EVENT SHALL THE LIABILITY OF STARDUST, ITS AGENTS, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, OR EMPLOYEES EXCEED $100.00 DOLLARS, REGARDLESS OF THE CAUSE OF ACTION. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND STARDUST AND THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.

Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to Stardust through this Website ("Submitted Information") will forever be the property of Stardust and you assign all of your rights in any Submitted Information to Stardust. Stardust will not be required to treat any submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Stardust operations.

Termination
Stardust reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Website at any time for any reason without prior notice or liability. Stardust may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature, database, information or content without prior notice or liability. However, in the case of any termination, you agree to continue to abide by these terms, which shall remain in full force and effect after such termination, except that your right to use the Website shall be terminated.

Regulatory Requirements
Federal and state law may require that property within the Tartesso Development be registered with one or more government agencies. In such event, you agree to obtain the Property Report or its equivalent and read it before signing anything. No federal or state agency has judged the merits or value, if any, of the property in the Tartesso community. Certain laws may restrict the ability to issue lot reservations or conditional sales of property. Because this Website can be accessed nationally and internationally, information and reference on the Website regarding housing may not have been approved for sale in your state or area and should not be deemed to imply that Stardust has or intends to seek approval to conduct sales or other activities in your state or other area. You should consult a sales representative for further information.

Equal Housing Opportunity.
Stardust is committed to the letter and the spirit of U.S. policy for equal housing opportunity. Stardust supports an advertising and marketing program that promotes equal access to housing without "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." Other jurisdictions may add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and the like. You should contact your local government for additional information.

General Terms
This agreement shall be construed in accordance with the laws of the State of Arizona, and the parties irrevocably consent to the jurisdiction of, and to bring any action to enforce this agreement in, the federal or state courts located in Phoenix, Arizona. The prevailing party in such litigation shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys' fees, expert witness fees, and court or other costs incurred in such litigation. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Website, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.

Copyrights
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Stardust's copyright agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Website;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Stardust's Copyright Agent for Notice of claims of copyright infringement can be reached at:
Stacie Smith, Esq.
Fennemore Craig, P.C.
3003 N. Central Avenue
Suite 2600
Phoenix, Arizona 85012
602-916-5000