Terms and Conditions

PLEASE READ THESE SITE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THESE SITE TERMS AND CONDITIONS CONTAIN IMPORTANT LEGAL PROVISIONS INCLUDING MANDATORY ARBITRATION, INDEMNIFICATION OBLIGATIONS, DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THIS SITE.

 

 

These Site Terms and Conditions (the “Terms”) apply to and govern your use of our websites and other online locations, including Lennar.com, Lennar Account application, and any mobile app provided by Lennar, and any associated Lennar controlled social media pages, including the features, services, functionality, and materials located on or accessible from those online locations (individually, a “Site” collectively, the “Sites”). The terms “we”, “us”, or “our” refer to Lennar Corporation and applicable affiliated companies, and the terms “you” and “your” refer to you, a user of any of our Sites.

 

Unless otherwise specified, for the purpose of the Sites, “Lennar” includes Lennar Corporation and all applicable affiliated companies, including but not limited to: the Lennar Homes, LLC, U.S. Home, LLC, Rausch Coleman Homes, LLC, CalAtlantic Homes, LLC, Lennar Mortgage, LLC, Lennar Sales Corp., Lennar Title, LLC, Lennar Commercial, LLC, LenX, LLC, Lennar Title, Inc., Lennar Realty, Inc. and Lennar Insurance Agency, LLC (collectively “Lennar Affiliates”). Please note that some Lennar Affiliates post their own online Terms and Conditions. The specific Terms and Conditions posted by a Lennar Affiliate will govern your use of that Lennar Affiliate’s website and other online sites.

 

By using any of our Sites, you acknowledge your consent to these Terms, including, but not limited to, provisions herein for mandatory arbitration provision, disclaimer of warranties, limitation of liabilities, and indemnification. If you do not agree with these Terms and Conditions, do not use the Sites.

a. Ownership. All right, title, and interest in our Sites and all the software, materials, and rights displayed on or associated with any Site (collectively “Content”) including but not limited to all text, images, graphics, logos, floor plans and elevations, user interfaces, visual interfaces, communication tools, photographs, audio, video, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any Content contained on or available through the Sites, unless otherwise indicated, are owned, controlled, and licensed by Lennar and/or its licensors and are protected by law including, but not limited to, United States copyright, trade secret, patent, trademark, and other intellectual property law, as well as other state, national, and international laws and regulations.

 

As between Lennar and you, Lennar owns and reserves all right, title and interest in and to the Sites and all hardware, software and other items used to provide the Sites. The Sites, and any part thereof, are not being sold to you. These Terms do not transfer any title to or ownership of any proprietary rights related to any Site to you or any user. Except as otherwise expressly provided under these Terms, we are not giving you any licenses for any such intellectual property by making the Sites available to you. 

b. Lennar Copyright, Trademarks, Service Marks. Lennar actively enforces its intellectual property rights to the fullest extent of the law. Our Sites and all Content contained therein are protected by copyright and may not be distributed, modified, or reproduced in whole or in part without the prior written permission of Lennar. The Content on our Sites may not be reproduced in any form without the prior written consent of Lennar. The Lennar name and logo are trademarks or service marks of Lennar.

 

c. Limited Right to Use. You may view and use the Content for your personal use only. You may not modify, copy, reproduce, distribute, sell, create derivative works from, reverse engineer, or exploit any Content are created, published, or made available on the Lennar Sites without prior written permission from Lennar.

 

d. Feedback. Lennar is free to use any comments, suggestions, recommendations, and other feedback, including without limitation, with respect to modifications, enhancements and improvements (“Feedback”) you provide with respect to the Sites or Content for any purpose, without obligation. By submitting Feedback to us, you agree that you have the right to provide Feedback to us and that you hereby agree to grant Lennar an irrevocable, worldwide, perpetual, royalty-free license to use the Feedback for any purpose, including without limitation, to incorporate any such Feedback into the products that Lennar generally provides.

 

e. Third-Party Brands and Trademarks. The Sites may display third-party brand, logos, products, and company names and these are trademarks™ or registered trademarks ® of their respective owners. The unauthorized use of the names, logos, trademarks and service marks appearing on the Sites is strictly prohibited. The display of these marks on our Sites does not imply any sponsorship, endorsement, support, or ownership affiliation between the trademark owners and Lennar. 

This SMS Terms and Conditions section describes our mobile program and available codes.

 

Lennar Promo Alerts- Text JOIN to LENNAR (or 536627) to opt-in to receive Lennar Promo Alerts. By signing up, you consent to receive up to 4 autodialed promotional and informational text messages per month to the telephone number or device you texted “JOIN” from. The service is a recurring message program. You do not need to give us this consent to do business with us or purchase a Lennar Home. Reply STOP to cancel. HELP for help. Message & Data Rates May Apply. Contact your carrier with questions about charges and rates that may apply.

 

STOP Information- Text STOP to LENNAR to stop receiving SMS messages from Lennar Promo Alerts.

 

HELP Information- For more info, Text HELP to LENNAR or Call: 800-532-6993(9:00 am – 5:00 pm Central) or contact [email protected].

 

Carriers Supported- Compatible carriers include: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cablevision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/ Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, Peoples Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – Syringa, Rina – UBET, Rina – Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless. T-Mobile is not liable for delayed or undelivered messages.  

a. User Passwords. You are responsible for maintaining the confidentiality and security of your username and password for your Lennar Account and you will remain responsible for all activity from your account. If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized parties, you must promptly change your password and notify us in writing.

 

b. Responsibility for Use. You are solely responsible for any damage to us, our Sites, any hardware or software used to operate the Sites, caused by you or any other person, or by your or any other person’s hardware or software resulting from your use of our Sites.

 

c. Prohibited Conduct. You agree that you will not, and will not encourage or assist any third party to do, any of the following:

(i)Engage in activity that harms or disrupts the operation or performance of the Sites or cause harm to others;

 

(ii)misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any account, user, device, system or network related to the Sites;

 

(iii)use the Sites in any manner not permitted by us;

 

(iv)use the Sites to train AI systems without Lennar’s prior written consent;

 

(v)use the Sites for any illegal purpose or to encourage other parties to cause damage to the Sites;

 

(vi)use the Sites to publish, post, share, copy, store, backup or distribute material protected by intellectual property rights of a third party unless you own or have the necessary rights to such material;

 

(vii)use the Sites to publish, post, share, copy, store, backup or distribute material that contains malware including but not limited to viruses, Trojan horses, worms, corrupted files or any other similar software that may detrimentally interfere with, surreptitiously intercept, expropriate any system, data or information, or otherwise damage the Content or operation of the Sites or another person’s device or property;

 

(viii)access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; or attempt to gain access to, copy, alter or modify any data transmitted to the Sites by another user,

 

(ix)violate, circumvent, or attempt to violate or circumvent any security measures employed by us; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Sites by any means including, without limitation, hacking our servers or systems, transmitting malware or a virus, overloading, mail-bombing or crashing;

 

(x)copy, alter, modify, create derivative works based upon, decipher, decompile, disassemble, reproduce, or reverse engineer any of the software or Content comprising the Sites;

(xi)frame or link to the Sites;

 

(xii)alter or modify any disabling mechanism which may be included in the Sites;

 

(xiii)collect or attempt to collect personal information, or any other kind of information about other users, including through spidering or scraping;

 

(xiv)lease, rent, sell, transfer, distribute, re-license or sublicense the Sites or use the Sites or permit their use in a time-sharing arrangement;

 

(xv)remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) from the Sites; or

 

(xvi)access, copy, or download from the Sites using automated methods including, but not limited to, AI agents, false or fictional identity registration, screen and database scraping, spiders, bots, robots, or crawlers.

a. Accuracy. While we endeavor to display current and accurate information, we make no representations or warranties regarding the information set forth on the Sites and, without limiting the foregoing, we are not responsible for any information on the Sites being out of date or inaccurate, or for any typographical errors.

 

b. Images. Images, including photos and videos, of homes are solely for illustrative purposes and should not be relied upon. Images may not accurately represent the actual condition of a home as constructed and may contain options which are not standard on all homes. Images may also include decorative items, design elements and furniture which are not available for purchase even upon additional payment.

 

c. Features. The specific features, floor plans, square footage, dimensions and design elements in a home may vary from home to home and from one community to another, and are subject to changes or substitution without prior notice. Plans and elevations are artists’ renderings only, may not accurately represent the actual condition of a home as constructed, and may contain options which are not standard on all models. We reserve the right to make changes to these floor plans, specifications, dimensions, designs and elevations without prior notice.

 

d. Square Footage / Acreage. Stated dimensions, square footage, and acreage are estimated and should not be used as representation of the home’s actual size or net usable square footage which may be less than the estimated square footage. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage or bay sizes may vary from home to home and may not accommodate all vehicles.

 

e. Site Plans / Community Maps. Site plans, community maps, aerial photos, community photos and/or computer generated or enhanced depictions of communities (collectively “Illustrations”) may be posted on the Sites for illustration purposes only. All site plans, community maps and computer generated or enhanced depictions shown are conceptual in nature and are merely an artist’s rendition and may not accurately represent the actual condition of the item being represented. All photos/videos shown depict the community or home as of the date taken. All Illustrations are solely for illustrative purposes and should never be relied upon. Lennar reserves the right to make changes to any of the foregoing at any time, without notice.

 

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 REFLECTED ON THE ILLUSTRATIONS, OR WHETHER INSIDE OR OUTSIDE THE BOUNDARIES OF THE ILLUSTRATIONS, MAY NOT BE SHOWN OR MAY BE INCOMPLETE OR INACCURATE. THE PRESENT, FUTURE OR PROPOSED ROADS, EASEMENTS, LAND USES, CONDITIONS, PLAT MAPS, LOT SIZES OR LAYOUTS, ZONING, DRAINAGE, LAND CONDITIONS, OR DEVELOPMENT OF ANY TYPE MAY OR MAY NOT CHANGE IN THE FUTURE. ANY OF THE FOREGOING MAY 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.

 

f. Human Models/ Lifestyle Photos. Models/lifestyle photos do not reflect racial or ethnic preference.

 

g. Maps. All maps are not drawn to scale and are for relative location purposes only.

 

h. Scenes. Scenes may be of locations or activities not on Lennar property. All photographs, renderings and other depictions are for the sole purpose of illustration.

 

i. Views. Actual views may vary. Views cannot be relied upon as being the actual view from any particular home within the community. Lennar makes no guarantees regarding the continuing existence of any view from a home.

The Sites may contain links to the websites or other online sites of independent third parties, including vendors that offer products or services identified on our Sites (each a “Third-Party Vendor”). Lennar does not control or endorse such Third-Party Vendors or their sites and we are not responsible for their content, accuracy, privacy practices, or security. If you click on any link to Third-Party Vendor, you will be transferred away from our Site to the site of the Third-Party Vendor. The Third-Party Vendor may collect information about you and your usage of the site is governed by the terms of use and privacy statements of the Third-Party Vendor. Your access to and use of Third-Party Vendors and their sites is at your own risk.

 

Lennar makes no representations or warranties regarding, and you agree that Lennar bears no responsibilities or obligations with respect to (i) the information about a Third-Party Vendor’s products or services displayed on our Sites or (ii) any products or services that you request or obtain from a Third-Party Vendor, including without limitation the availability, quality, delivery, or any issues arising from Third-Party Vendor products or services. Each Third-Party Vendor has separate terms and conditions governing the products and services it provides, and you may be required to agree to such terms and conditions to receive any products and services from the Third-Party Vendor.

 

You agree (i) if there is a dispute between you and any Third-Party Vendor, we are under no obligation to become involved, and (ii) you release us from any claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute with a Third-Party Vendor.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THE SITES, FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE OPERATION OF THE SITES, OR SUSPENSION OR TERMINATION OF THE OPERATION OF THE SITES OR YOUR INABILITY TO ACCESS AND USE THE SITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. WE DO NOT WARRANT THAT THE SITES ARE OR WILL BE ERROR-FREE OR MALWARE-FREE, WILL MEET YOUR REQUIREMENTS, BE TIMELY OR SECURE, OR THAT THE SITES WILL BE SECURE OR NOT OTHERWISE DAMAGED.

 

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN THAT EVENT THE APPLICABLE STATE’S OR JURISDICTION’S LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION AS WRITTEN, SUCH EXCLUSION OR LIMITATION WILL ONLY APPLY TO THE EXTENT PERMITTED.

a. AGREEMENT TO ARBITRATE. IF WE ARE UNABLE TO RESOLVE THE DISPUTE THROUGH DISPUTE RESOLUTION WITH CUSTOMER SERVICE, YOU AND LENNAR AGREE (“ARBITRATION AGREEMENT”) THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THE SITES, THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS ARBITRATION AGREEMENT, SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”).

 

b. Arbitration Rules and Process. JAMS shall act in accordance with its applicable Arbitration Rules and applicable state law. The consumer shall have the right to an in-person hearing in his or her hometown area unless the parties consent in writing to a different location or JAMS determines that telephonic proceedings or in person arbitration in another location is appropriate in accordance with Consumer Arbitration Rules and/or other JAMS arbitration rules determined to be applicable by JAMS (the “JAMS Rules”) before one (1) arbitrator. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The award of the arbitrator shall be final and judgment upon the award may be entered in a court of competent jurisdiction in any court with appropriate jurisdiction.

 

c. WAIVER OF RIGHTS. THESE TERMS PROVIDE THAT EXCEPT AS PROVIDED HEREIN ALL CLAIMS OR DISPUTES REGARDING THE SITES SHALL BE RESOLVED BY MANDATORY AND BINDING ARBITRATION, WHICH MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT OUR EXPRESS WRITTEN CONSENT. THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT, AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. YOU AND LENNAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

 

d. Disputes. Any disputes regarding this arbitration provision, including applicability, enforcement, validity, or interpretation, shall be resolved by the arbitrator. In the event that any issues not addressed by this arbitration provision will be entertained by a court, the court must be a court of competent jurisdiction in the State of Florida, County of Miami-Dade. The allocation of costs between the parties shall be allocated in accordance with the JAMS Consumer Minimum Standards (the “Standards”). Unless prohibited by the Standards or JAMS Rules, each party will bear their own costs in connection with the arbitration.

 

e. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by JAMS in accordance with the Standards and other applicable JAMS Rules then in effect, except as modified here. The JAMS Rules are available at www.jamsadr.com/adr-rules-procedures/. The Standards are available here https://www.jamsadr.com/consumer-minimum-standards/. In order to initiate arbitration, a completed written demand (available at www.jamsadr.com/submit/) must be filed with the JAMS and provided to the other party, as specified in the JAMS rules. Pursuant to the Standards, the parties may exchange non-privileged information relevant to the dispute as part of the arbitration.

 

f. Fees and Costs of Arbitration: Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules and, where appropriate, limited by the Standards. If such costs are determined by the arbitrator to be excessive, the arbitrator may determine an appropriate allocation of fees between the parties. Except as permitted by applicable law, either party may make a request that the arbitrator award attorneysʼ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.

 

g. Exceptions to the Arbitration Provision. You and Lennar each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a partyʼs copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) any claim for the remedy of public injunctive relief. You and Lennar agree that, if applicable, the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. Notwithstanding the provisions above, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.

 

h. Failure to Agree on Arbitrator. If the parties cannot agree on an arbitrator within thirty (30) business days of the date of the written request for arbitration, the arbitration will proceed before an arbitrator selected by JAMS. To initiate arbitrations on proceedings in circumstances where the parties cannot agree on an arbitrator, the party initiating the arbitration request shall first notify the other party in writing that no agreement can be reached on the selection, and then that party shall submit a request to JAMS requesting the appointment of an arbitrator. The designated arbitrator shall have experience and expertise in the subject matter of the dispute.

Lennar may display content on the Sites supplied by visitors and other third parties (“Third-Party Content”). Lennar has no editorial control over Third-Party Content. Third-Party Content belongs to the respective owners of that Third-Party Content.

 

LENNAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS, OR RELIABILITY OF ANY THIRD-PARTY CONTENT.

 

Lennar shall not, under any circumstances, be liable for any losses, damages, or harm caused by your or anyone else’s reliance on Third-Party Content available on the Site. You are solely responsible for evaluating and acting on any Third-Party Content available on the Sites.

 

Lennar will respond to alleged copyright violations relating to Third-Party Content in accordance with the Digital Millennium Copyright Act (“DMCA”).

 

a. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content infringes upon your copyrights, you may submit a written notification pursuant to the DMCA by providing Lennar with the following:

 

(i)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

(ii)Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

(iii)Identification of the Third-Party Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Lennar to locate the material;

 

(iv)Information reasonably sufficient to permit Lennar to contact you, such as an address, telephone number, and, if available, an electronic mail address;

 

(v)A statement that you have a good faith belief that use of the Third-Party Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

(vi)A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

 

b. Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Third-Party Content, you may send a counter-notice containing the following information to Lennar at the address set forth below:

 

(i)Your physical or electronic signature;

 

(ii)Identification of the Third-Party Content that has been removed or to which access has been disabled and the location at which the Third-Party Content appeared before it was removed or disabled;

 

(iii)A statement that you have a good faith belief that the Third-Party Content was removed or disabled as a result of a mistake or a misidentification of the Third-Party Content; and

 

(iv)Your name, address, telephone number, e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

(v)If Lennar receives a counter-notice, Lennar may send a copy of the counter-notice to the original complaining party informing that Lennar may replace the removed Third-Party Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Third-Party Content provider, member or user, the removed Third-Party Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Lennar’s sole discretion.

 

(vi)You acknowledge that if you fail to comply with all of the requirements of this Section 21, your DMCA notice may not be valid.

 

c.Address for Notice. Lennar will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:

 

E-mail: [email protected] 

             

Postal mail: 5505 Waterford District Drive, Miami, FL 33126 (Attn: Legal Department)

 

 It is often difficult to determine if your copyright has been infringed. Lennar may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Lennar may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

 

d. Possible Actions. The DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Without limiting Lennar’s other rights, Lennar may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by Lennar.

a. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

 

b. Compliance with Law: You agree to comply with all applicable local, state, national and foreign laws, rules and regulations in connection with your access to or use of the Sites.

 

c. Age Restriction: Lennar is intended for use by persons who are of the applicable age of majority in their state of residence (generally age 18 or older). Persons under the applicable age of majority should not use or submit any information to Lennar.

d. Severability: If any provision of these Terms is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms.

 

e. Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such a right or provision. 

 

f. Force Majeure: We will not be liable to you for any delay, interruption or other failure to perform under these Terms due to acts beyond our reasonable control, including, without limitation, natural disasters, wars, riots, terrorist activities, Internet or telecommunications service providers and other third parties, explosions and fires, strikes and labor disputes, governmental decrees, or pandemics.

 

g. Assignment: We may assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, to any third party at any time without notice. You may not assign or transfer these Terms or any of your rights and obligations, in whole or in part, without our prior written consent, and any attempt by you to do so will be invalid and void. 

h. Independent Contractors; Third Party Beneficiaries: You and we are independent contractors, and nothing in these Terms creates a partnership, employment relationship or agency. There are no third-party beneficiaries of these Terms.

 

i. Rules of Construction: Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.

 

j. Survival: These Terms remain in full force and effect notwithstanding any termination of your use of the Sites.

 

k. Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Sites and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof.