Last Updated: April 17, 2024

These Villa Homes Terms of Use (“Terms”) apply when you access, use or visit the Villa Homes website located at https://villahomes.com/ (the “Site”) and the user portal located at app.villahomes.com (the “Portal”) that are provided by Natomas Labs, Inc. d/b/a Villa Homes (referred to in these Terms as the “Company,” “Villa,” “we”, “us”, and “our”) and the services, content and other materials made available through the Site and the Portal (these services, content, and materials, together with the Site and the Portal, are referred to in these Terms of Use as the “Service”). We prepared these Terms to help explain the terms that apply to your use of the Service. Certain features of the Service may be subject to additional terms, conditions, guidelines and rules, which we will make available to you at the time you access, use, or visit those features.

Please read these terms of USE Carefully. BY ACCESSING OR OTHERWISE USING THE Service, YOU AGREE TO THESE TERMS of USE. If at any time you do not accept the terms and conditions set forth in these Terms of Use, you must immediately stop using the Service.

Notice regarding arbitration and dispute resolution: you and the Company AGREE THAT Any future DISPUTES BETWEEN YOU AND the Company WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, unless you opt-out in accordance with Section 11.6.  Unless you opt-out of arbitration, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, Class Arbitration, OR REPRESENTATIVE PROCEEDING, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN Section 11.6 BELOW.

1. Description of the Service

1.1 Overview. We provide the Service as an online network and service to provide individuals, businesses, browsers, and users of Site and Portal (“Users”) with resources on manufactured homes (as defined by California Health & Safety Code § 18007), to be sold as primary homes, accessory dwelling units, or any similar structure, whether attached or detached from a primary dwelling (collectively, “Homes”), and to provide information to Users who are interested in working with Villa to install Homes on their real property (“Property”).  In the event a User decides to work with Villa in the purchase of a Home, such purchase will be governed by additional terms and conditions to be set forth in a written agreement between the User and Villa.  We reserve the right to refuse to enter into such an agreement with any User.

1.2 Insurance.  Users must obtain and maintain appropriate insurance for their Property, including the Home.  Please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, an applicable insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of renters or guests to your Property or Home and injuries to such renters or guests.  Villa is not responsible for damages or claims to Property caused after the purchase of a Home which is caused by guests or renters to the Property or Home.

1.3 Compliance With Local Laws. Users are solely responsible for understanding HOW THE LAWS WORK IN THE JURISDICTION OF THEIR PROPERTY with respect to the HOMES. SOME JURISDICTIONS MAY REQUIRE REGISTRATION AND CERTAIN LICENSING AND PERMITS AND/OR PAYMENT OF FEES, TAXES, OR ASSESSMENTS. OTHER JURISDICTIONS MAY PROHIBIT THE USE OF AN ACCESSORY DWELLING UNIT AS A DWELLING, FOR RENTALS (INCLUDING SHORT TERM RENTALS), OR OTHER INTENDED USES, ENTIRELY. USERS ARE SOLELY RESPONSIBLE FOR ALL SUCH COMPLIANCE. PLEASE NOTE THAT VILLA assumes no responsibility for any compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. WHILE WE WILL PROVIDE LIMITED INFORMATION AT A SITE VISIT OR DURING A PHONE CALL, USERS ARE RESPONSIBLE FOR REVIEWING LOCAL LAWS, AND IF APPROPRIATE, CONSULTING WITH Legal COUNSEL.

2. Updates to these Terms of Use.  We may change, modify or amend these Terms of Use from time to time. We will notify you of changes to these Terms by posting the amended terms and providing any advance notice required by law. If you have provided us with your email address, we will also notify you of material changes to these Terms by sending an email before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new Terms, you should stop using the Service, and if you are a registered user, you may cancel your account with us within the notice period we specify by contacting us at legal@villahomes.com, and you will not be bound by the new Terms. Otherwise, the new terms will take effect on the date listed in the notice we provide. Villa employees do not have the right to modify these Terms orally or otherwise. If any employee of Villa offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for Villa or speaking on our behalf. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms take effect.  If you continue using the Service after the new Terms of Use take effect, you will be bound by the modified Terms.

3. Privacy Policy.  In connection with your use of the Service, please review our Privacy Policy, located at https://villahomes.com/privacy-policy/ (the “Privacy Policy”), to understand how we use information we collect from you when you access, visit, or use the Service. The Privacy Policy is part of and is governed by these Terms and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

4. Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that: (A) the information you submit to the Service is truthful and accurate; (B) your use of the Service does not violate any applicable laws or regulations; and (C) you are at least eighteen (18) years of (or the age of majority in your jurisdiction, if older), and otherwise have legal capacity to legally enter into these Terms.

5. Registration; License to the Service

5.1 Account Registration. You may have the option of creating an account that will allow you to design a Home, see how it may fit on your Property, obtain a price or schedule estimate (an “Estimate”), and utilize other Site and Portal features including the Company Content (a “User Account”). If you sign up to become a registered user of the Service, you agree: (A) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration process (the “Registration Data”); and (B) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  When you create a User Account on the Service you will be required to create a password that will be associated with your User Account. You will be responsible for maintaining the confidentiality of your password, and for any and all activities that occur under your User Account.

5.2 License to Use the Service. The Company grants you a limited, revocable, non-exclusive, non-transferable right to receive, access and use the Service for your personal, non-commercial use.

6. Feasibility Studies; Payments; Estimates. In order to determine the feasibility of installing a Home on your Property, you may use the Service to engage Villa to conduct a feasibility study with respect to your Property (each, a “Feasibility Study”). Feasibility Studies are provided by Villa subject to your payment of the applicable fees specified at the time you submit a request for a Feasibility Study. Feasibility Studies are subject to these Terms of Use. If, following your purchase of a Feasibility Study, you wish to purchase additional services or a Home from Villa, you and Villa will enter into a separate agreement setting forth the terms and conditions that apply to that purchase. You may purchase a Feasibility Study through the Service using Stripe or such other payment methods that we may offer (each, a “Payment Method”), and any amounts paid for such Feasibility Study(ies) are non-refundable. Payments will be processed by a third-party processor on our behalf. Once you have submitted your payment information, you authorize us to charge the applicable Payment Method. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. All payments through the Service are processed using a third-party processor. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment. Prices for Homes and Estimates for Home price(s) and schedule(s) are subject to change without notice.

7. Prohibited Activities. You agree that, in connection with your use of the Service, you will not:

• impersonate any other person or entity, provide false or misleading identification information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
• use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications;
• interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service;
• “frame” or “mirror” any part of the Service;
• post advertisements or solicitations for jobs or employment on the Service, or otherwise use the Service to hire any person to perform work;
• post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;
• violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service, including from any user of our Service, or use any means to scrape or crawl any part of the Service;
• participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
• solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
• misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
• stalk or harass any other user of the Service;
• access or use the Service for purposes of obtaining information to build a similar or competitive website, application or service;
• remove any copyright, trademark, or other proprietary rights notices contained on the Service;
• transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
• decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or

circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Company Content (as defined in Section 8) or enforce limitations on use of the Service or the Company Content on the Service.

8. Our Intellectual Property Rights.

8.1 Company Content.We or our licensors own (and you acknowledge that we and our licensors own) all right, title, and interest in and to: (A) the Service and all related intellectual property, including the “look and feel” of the Service and all software, ideas, processes, data, text, media, audiovisual works and other content available on the Service; and (B) our trademarks, logos, and brand elements, including without limitation our floor plans, designs, layouts, Homes, renderings, plans, and Site and Portal features such as our Design Studio and lot mapping tool (the foregoing individually and collectively, “Company Content”).  The Service and the Company Content are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of Company Content without our prior express written consent. We reserve all rights in and to the Service and the Company Content.

9. Our Management of the Service; User Misconduct.

9. 1 Our Right to Manage the Service.  We reserve the right, but do not undertake the obligation to: (A) monitor or review the Service for violations of these Terms of Use and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (C) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Company Content or any portion thereof; (D) manage the Service in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the Service; and/or (E) terminate or block you or your use of the Service for violating these Terms.

9.2 Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of USE or any remedy we may have under law or in equity, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE of the Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms, OR OF ANY APPLICABLE LAW OR REGULATION.

10. Third Party Sites.  The Service may contain links to websites operated by third parties, such as third party social media services (“Third Party Sites”); however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including products or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, products or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. These Terms of USE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE through links or other MEANS provided on or through the service, you SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS and PRIVACY Policy, AND INFORM yourself OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

11. Mobile Access.   If you use a mobile device to access the Service, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Service; and (b) all such charges are billed by and payable to your mobile service provider.

12. United States Service; Select Jurisdictions. The Service is owned and operated by us in the United States.  You are responsible for compliance with any local laws if you access or use the Service from anywhere else.  All prices displayed on the Service, including without limitation, the Estimates, are quoted in U.S. Dollars and are valid only in the United States in select jurisdictions in which we provide for the installation and delivery of Homes, which jurisdictions are subject to change at any time in our sole discretion.

13. Legal Disputes and Arbitration Agreement

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

13.1 Initial Dispute Resolution.We are available by email at legal@villahomes.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

13.2 Agreement to Binding Arbitration.If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 11.1 above, then either party may initiate binding arbitration.  All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), or the parties’ relationship with each other and/or your use of the Service, shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions.  Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures.  The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable.  You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures/. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS.  We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS.  You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.  They further understand that the right to discovery may be more limited in arbitration than in court.

13.3 Class Action and Class Arbitration Waiver.  You and Villa each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, class arbitration, or other representative action, and you and Villa each expressly waive our respective right to file a class action or class arbitration or seek relief on a class basis.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 11.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

13.4 Exception – Small Claims Court Claims.  Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

13.5 Exception – California Private Attorneys General Act (PAGA) Action.  Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

13.6 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 11.2 and 11.3 by sending written notice of your decision to opt-out (“Notice”) to Villa. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms of Use for the first time. The Notice must be mailed to Villa Homes, 1 Letterman Drive, Suite C3500, San Francisco, CA 94129 to the attention of the Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other provisions in these Terms, or any previous or future arbitration agreements that you have entered into, or will enter into, with Villa.

13.7 Governing Law; Exclusive Venue for Litigation.  The laws of the State of California will govern these Terms without giving effect to any principles of conflicts of laws and excluding the United Nations Convention on the International Sale of Goods. In addition, to the extent that the arbitration provisions set forth in Section 11.2 do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Francisco, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in San Francisco, California for any litigation other than small claims court actions.  In the event of litigation relating to these Terms or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

14. Warranty Disclaimer; Limitation on Liability; Other Disclaimers

14.1 Disclaimer of Warranties

(A) to the extent permitted by applicable law, The SErvice, the company content, the Feasibility Studies, ESTIMATES, Third Party cOntent, and/or ANY OTHER content, MATERIAL OR ITEMS PROVIDED THROUGH the Service ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING the Service, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE Any Content, MATERIAL OR ITEMS AVAILABLE ON OR LINKED TO BY the Service, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE the company content, the feasibility Studies, ESTIMATES, Third Party Content, and/or OR ANY OTHER CONTENT, MATERIAL OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF the Service, ESTIMATE or any Feasibility study. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these Terms of USE. YOU AGREE THAT YOUR USE OF The Service WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR Affiliates, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the Service AND YOUR USE THEREOF.

(B) to the extent permitted by applicable law, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF the Service, the Company Content, THE ESTIMATES, the Feasibility Studies, Third Party cOntent, and/or ANY OTHER content, MATERIAL OR ITEMS ON the service OR LINKED TO BY the Service. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF Company CONTENT, THE ESTIMATES, the Feasibility Studies, MATERIAL OR ITEMS (for clarity, on or off the service), (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED on our service, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM the service, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the service BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL or itemS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY Company CONTENT, THE ESTIMATES, the Feasibility Studies, or material or items POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE through the Service.

14.2 Limited Liability.  to the extent permitted by applicable law, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Service, Company Content, THE ESTIMATES, the Feasibility Studies, Third Party cOntent, and/or NY OTHER CONTENT, material or items on the Service. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN These Terms of USE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH These Terms, the Service, Company Content, THE ESTIMATES, the Feasibility Studies, Third Party cOntent, and/or NY OTHER CONTENT, material or items on the SErvice, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

14.3 Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

14.4 Other Disclaimers.  Villa does not guarantee the accuracy of estimated pricing or estimated schedules provided on the Site or Portal, including the Estimates, and the Estimates are subject to change at any time in Villa’s sole discretion. Villa makes no representation or warranty with respect to the actual price and disclaims any and all liability for any variance between the estimated and actual prices. All renderings, illustrations, photographs, floor plans, images, and drawings of homes on Villa’s Site or Portal (collectively, “Renderings”) are for illustrative purposes only and subject to change at any time and for any reason. Villa makes no representation or warranty that homes will be the same as such Renderings.

15. Indemnity. You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, arising out of or in connection with your violation of these Terms and/or the terms and conditions that are applicable to your use of Third Party Sites. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from the Company’s own negligent conduct.

16. Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to legal@villahomes.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

17. Independent Contractors. Nothing in these Terms of Use shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

18. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of the applicable right or provision.

19. Severability. These Terms of Use operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

20. Assignment. We may assign our rights under these Terms without your approval and with or without notice to you.

21. No Modifications by Our Employees.  If any of our employees offers to modify the terms of these Terms, he or she is not acting as an agent for us or speaking on our behalf.  You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

22. Contact Information.  If you have any questions about these Terms of Use or the Service, please contact us at legal@villahomes.com.