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CA Development, LLC (CAD) invites viewers to browse this web site
and any linked pages for their individual entertainment and to
obtain information about The Ben Garner Active Adult Community®
Your access to and use of this site is subject to the
following Legal Terms. BY ACCESSING OR USING THE SITE YOU
SIGNIFY YOUR AGREEMENT WITH THESE LEGAL TERMS.
CAD reserves the right to change these legal terms at any
time. If CAD changes the Legal Terms, we will post any changes
on this web site. Any such changes would be effective upon
posting on the web site. By accessing the site after the
posting of changes to the Legal Terms, you agree to all such
changes.
These Legal Terms are agreed to by and between you and CAD, a
Maryland Corporation. In consideration of your use of and
access to this web site and the promises and obligations in
these Legal Terms, and intending to be legally bound, you and
CAD hereby agree to all the terms and conditions of these
Legal Terms. These Legal Terms describe the terms and
conditions under which CAD welcomes you to this site.
CA Development, LLC Intellectual Property Rights
Copyright 2004 CA Development, LLC. All rights reserved.
Please read the Legal Terms carefully so that you fully
understand your rights and responsibilities:
· Equal Housing Opportunity
· Use of this Site
· Privacy Policy
· Use of Personal Information
· Home Sales
· Intellectual Property
· No Warranty
· Liability
· Indemnification
· Interpretation and Disputes
· Preferred Lender
· Contact US
EQUAL HOUSING OPPORTUNITY
It is the policy of CAD to comply with both the letter and the
spirit of the Federal Fair Housing Act and amendments, which
prohibits discrimination in the sale or lease of housing based
on race, color, religion, sex, handicap, familial status or
national original. For this age-restricted community, The Ben
Garner Active Adult Community®, CAD is complying with all
requirements to qualify as an Age- Qualified community, at
least one resident must be 55 years of age or older, under the
Fair Housing Act. (A Copy of The Covenants and
Restrictions for The Ben Garner Active Adult Community®,
are available at the offices of RE/MAX Choice Properties to
all prospective home buyers).
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USE OF THIS SITE
Permission is granted to download this site’s content and to
print a single hard copy for the user’s use only. You may not
otherwise use, copy, modify, distribute, republish or transmit
any of the content or materials of this site without the prior
written permission of CAD.
You understand and expressly agree that use of this site is at
your own risk, and that any material downloaded or otherwise
obtained through the use of this site is at your own
discretion and risk. You also understand that you are solely
responsible for any damage to your computer system or loss of
data that results from the download of such material or data,
and for any other form of damage that may be incurred. CAD
shall not be liable to users for any damage resulting from the
use of this site.
This site is intended to be for general reference purposes
only. CAD makes no guarantees with respect to any information
provided on the site, and disclaims any warranties with
respect to the accuracy of any mortgage calculators or other
features such as floor plans and square footage estimates. CAD
makes no representation or guarantee regarding the investment
status or future value of any home or lot. All renderings,
elevations and floor plans are an artist’s conceptual drawings
and may vary from actual plans and homes to be built. In an
effort to continuously improve our homes, CAD reserves the
right to change floor plans, specifications, elevations,
features, colors, prices and other terms without notice or
obligation. Due to construction tolerances, square footage and
other specifications may vary. Dimensions and location of
windows vary with exterior selection. Prices reflect base
prices and are subject to change. Views may vary significantly
by lot location and may be affected by future development. CAD
does not guarantee the preservation of any view of the natural
environment surrounding The Ben Garner Active Adult Community®.
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PRIVACY POLICY
Any communication or material you transmit to the web site by
electronic mail or otherwise, including any data, questions,
comments or suggestions are, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or
post becomes the property of CAD and may be used for its
market research.
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USE OF PERSONAL INFORMATION
CAD expressly and without reservation assures you, the user of
this site, that your name or any other personal information
you may submit to CAD shall not knowingly be given, in any
form, to a third party. We do not sell our customer names. We
will use your personal information to verify your identity,
provide you with quality customer service and evaluate your
request for products and/or services. We will also use your
personal information to contact you about offers we believe
will be of value.
At the same time, transmissions on the Internet tend to
develop a “life of their own,” and may find their way to
recipients to whom they were not intended or to a person you
may not want to have such information. This is beyond the
control of CAD and this web site and you are advised that such
transmissions may not be secure.
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HOME SALES
Any consumer interested in purchasing a lot or home at The Ben
Garner Active Adult Community must make a personal visit to
the home site prior to purchase.
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INTELLECTUAL PROPERTY
CAD maintains this web site as a service to Internet users and
its use is a privilege to the viewer. All information is
provided without warranty of any kind, either express or
implied or for non-infringement.
All copyrightable text, audio, video, graphics, photographs
and icons, design, selection, and arrangement of content in
any medium on this site is copyrighted by CAD unless otherwise
noted. The distinctive and original layout and presentation of
this site also constitutes protectable trademark under
applicable federal law. In addition, CAD marks in this site,
including the federally registered Ben Garner Active Adult
Community® design and mark, are the sole property
of CAD.
This site may also contain references to third-party marks,
which are the property of their respective owners. If you have
any questions regarding a specific mark or any other CAD
intellectual property, please contact CAD at info@bengarnercommunity.com
(or submit via the Contact page.
Any unauthorized use of any CAD mark, or of its copyrighted
material or trade dress or any other intellectual property, is
strictly prohibited, and will be prosecuted to the fullest
extent that the law provides.
Nothing on this
site is an offer to sell or lease any home or real estate.
Please see the actual home purchasing agreements and related
documents for additional information, disclosures and
disclaimers relating to any homes, home features and
purchases. For The Ben Garner Active Adult Community®,
an age-qualified community, at least one resident must be 55
years of age or better and additional restrictions apply.
Community Association fees are required. Complete terms for
the Homeowners’ Association are available at RE/MAX Choice
Properties, 10 Creston Lane, Suite 2, Solomons, MD 20688.
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WARRANTY
This web site is provided by CAD on an “as is” basis. CAD
disclaims all warranties with respect to this web site, and to
any information or products or services available on this web
site, including all implied warranties and conditions of
merchantability, fitness for a particular purpose, title and
non-infringement. CAD also makes no warranty or representation
regarding the results that may be obtained from the site, or
that its services will meet any user’s requirements, be
uninterrupted, timely, secure or error-free. CAD shall have no
responsibility for the timeliness deletion or late delivery of
any user communication. No information or advice obtained
through this site shall create any warranty.
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LIABILITY
In no event shall CAD or its officers, employees, consultants,
agents or assignees be liable for any direct, indirect,
punitive,
special, incidental, or consequential damages or any damages
whatsoever, including, without limitation, damages for loss of
use, data, information, profits or business interruption,
arising out of or in any way related to the use or performance
of this web site or any linked site, to any information or
products or anything else obtained through this site, or
otherwise arising out of the use of this site, or to the
inability to use the site, whether based in tort, contract,
negligence, strict liability or otherwise, even if CAD has
been advised of the possibility of damages. Your sole and
exclusive remedy is to discontinue using this web site.
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INDEMNIFICATION
You agree to indemnify, defend and hold harmless CAD, its
officers, employees, consultants, agents and assignees from
any and all losses, expenses, third-party claims, liability, damages and
costs arising from your use of the site or the violation of
these Legal Terms.
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INTERPRETATION AND DISPUTES
These Legal Terms are governed by the laws of the United
States and the State of Maryland, without regard to any
conflict of laws provisions. Venue shall be exclusively in
Calvert County, Maryland with respect to resolution of any
dispute arising under these Legal Terms. In the event of any
dispute, the prevailing party shall be entitled to recovery of
its reasonable attorneys’ fees and costs. If any provision of
these Legal Terms is deemed unenforceable or invalid by a
court or arbitrator, then the court or arbitrator making such
determination shall modify such provision to the minimum
extent necessary so as to make it enforceable and valid. If
this cannot be done then the provision shall be severed and
the remaining Legal Terms shall be interpreted and read to
give them maximum enforceability. Any cause of action or claim
made by you or any other web site viewer or user with respect
to this web site must be commenced within one (1) year after
the claim or cause of action arises.
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PREFERRED LENDER
This is to give you notice that CAD has a business
relationship with 1st Mariner Bank, which is the “Preferred
Lender” for The Ben Garner Active Adult Community®. CAD
expressly states that this relationship does not provide CAD
with a financial or other benefit. You are NOT required to use
1st Mariner Bank as a condition of purchasing a Ben Garner
Active Adult Community® property. There are
frequently other settlement service providers available with
similar services. You are free to shop around to determine
that you are receiving the best services and the best rate for
these services.
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CONTACT US
If you have any other questions or concerns regarding these
Legal Terms, please submit requests via our
Contact page or via e-mail at info@bengarnercommunity.com.

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