Welcome to the website of Benchmark Communities. The website ("Site") is designed to inform you and familiarize you with the homes and communities of Benchmark Communities. You cannot purchase a home through the Internet or make a contract to buy or finance a home. To learn more about the homes and communities described in this Site, please contact the Sales Department.
General Terms and Conditions
The Content offered on this Site is provided with the understanding that neither Benchmark Communities, nor any of its affiliated entities, is engaged in rendering legal or other professional services or advice. This Site is intended for use by persons who are age 18 or older. Persons under age 18 should not use or submit any information to this Site. The use of the Site is subject to the additional disclaimers, caveats, and notices that may appear throughout the Site.
Benchmark Communities, its affiliated companies, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Site, or any websites accessible through this Site. While Benchmark Communities aims to keep the content on this Site updated, accurate, and complete, Benchmark Communities, its agents, and affiliated companies will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of Content of this Site. Benchmark Communities reserves the right, without notice, to suspend or terminate operation of, or your access to, this Site.
As mentioned above, the Content on this Site is provided to provide Users with information about the homes and communities of Benchmark Communities. It is not intended to constitute a solicitation or an offer. All homes about which the Site provides information are subject to prior sale. Prospective purchasers must visit a Benchmark Communities Sales Center to purchase a home.
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS," "WHERE IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BENCHMARK COMMUNITIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BENCHMARK COMMUNITIES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BENCHMARK COMMUNITIES SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BENCHMARK COMMUNITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
From time to time on certain areas of this Site you may be able to submit certain information and materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Benchmark Communities; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Benchmark Communities, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in the Site or features therein. Benchmark Communities may delete all User Content associated with you at any time, and without notice, if Benchmark Communities deems that you have violated these terms, the law, or for any other reason. Benchmark Communities assumes no liability for any information removed from the Site, and reserves the right to permanently restrict access to the Site.
Equal Housing Opportunity
Material on this Site may be subject to the United States Federal Fair Housing Act of 1968, as amended, which makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin or an intention to make any such preference, limitation or discrimination.” Benchmark Communities is an equal opportunity builder, and encourages and supports affirmative advertising and marketing programs in which there are no barriers to home ownership based on such classes. All homes advertised by Benchmark Communities are available on an equal opportunity basis.
Although every effort has been made to ensure that the prices and terms contained on the Site are accurate and current, at any time prices are subject to change prior to sale based on such things as selected lot premiums and/or predetermined options. Prices shown refer to the base house and do not include any optional features.
All special offers, incentives and seller contributions (“offers”) are subject to certain terms, conditions and restrictions, which may include the use of designated lenders and closing agents. Certain offers could affect the loan amount. Offers are good for a limited time only and Benchmark Communities and its affiliates reserve the right to change or withdraw any offer at any time, without notice. Values on offers are approximate. Offers are void where prohibited by law.
Benchmark Communities reserves the right to modify, add, alter, and eliminate features, options and design elements without notice or obligation. Prices are subject to change without notice or obligation. Not all features and options are available at all neighborhoods, some optional items have additional costs associated with them and may not be available in each neighborhood. Contact us at (408) 323-9003 with your questions.
The description of communities and amenities contained on the Site represent the current plans for those communities and are not guaranteed, and may change without notice. Benchmark Communities cannot control future development and does not guarantee the preservation of any view or the natural environment surrounding its communities.
The plans and elevations featured on the Site are artist renderings and may contain options that are not standard on all models. We reserve the right to make changes to floor plans, dimensions, and available options without prior notice. The dimensions and square footages provided are approximations and should not be used as representative of the home's actual size.
The specific features of a home may vary from home to home and from one another. Benchmark Communities reserves the right to substitute equipment, materials, appliances and brand names with items of equal or higher, in our sole opinion, value. Color and size variations may occur.
Links To and From This Site
Copyright, Trademarks and Service Marks, if applicable. The Site and all materials contained in the Site, including but not limited to graphics, pictures, images, home designs and elevations, are copyrighted as a collective work under the United States and other copyright laws, and is the property of Benchmark Communities and/or its affiliates. The materials contained on the Site may not be distributed, modified or reproduced without the prior written permission of Benchmark Communities.
These are some of the trademarks and service marks that belong to Benchmark Communities or its affiliates: ________________________. A number of these marks are registered with the United States Patent and Trademark Office. Benchmark Communities also has trademark rights to other marks that may not be listed here, registered and unregistered, including its logos and designs. YOU MAY NOT USE THESE MARKS WITHOUT OUR EXPRESS WRITTEN PERMISSION.
You agree that if you violate any prohibition in this section, you may be subject to all legal remedies available at law. You will also be responsible for any other losses, attorneys’ fees or costs Benchmark Communities and its affiliates may incur due to such violation.