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TERMS OF SERVICE

This website located at www.thedevan.com (the “Website”) is made available to you by Fields Grade Development Company LLC, Devan Propco LLC or a corporate affiliate (collectively, the “Companies”). Please read these terms of use (the “Terms of Service”) before accessing, viewing or using the Website, mobile and web-based applications, and any other tools, products or services provided by the Companies that link to or reference these terms (collectively, the “Services”). By accessing, viewing or using the Services, you agree to be bound by all of the Terms of Service. If you do not agree to all of the Terms of Service, you do not have the right to access, view or utilize the Website and/or the Services. You are responsible for complying with the Terms of Service as they may be updated from time to time. Your use of the Services following any update or modification will signify you consent and acceptance of such revised Terms of Service. 

The Terms of Service do not alter, amend or replace the terms and conditions of any agreement you may have with the Companies. 

USE OF THE SERVICES

You hereby agree to use the Services solely for their intended, lawful purposes. You agree to comply with all applicable laws, rules and regulations, and not to misuse the Services, including, without limitation, not to circumvent, disable or otherwise interfere with the security related features of our Services. Your use and access of the Services, including without limitation the Website, is limited to the portions of the site where you are authorized to access, either publicly or through your own personal user name and password. You agree not to utilize anyone else’s user name or password, impersonate another person for the purposes of utilizing the Services, or create multiple accounts to circumvent these access controls. A violation of these provisions may result in your access to the Services being restricted or terminated. You agree to accept responsibility for all activities that occur under your user name and password until such time as you notify us that your user name and password has been compromised or otherwise request to modify or cancel your account, including the activities of any individual with whom you share your account information.

You agree the use of the Services does not provide you with any ownership of any intellectual property rights in our Services or to the content provided through our Services. Any materials on the Website are either owned by the Companies or provided by a third-party licensor or supplier (“Third-Party Content”). You agree to comply with and abide by all applicable copyright notices and trademark law. Nothing contained in the Services shall be construed as conferring any license or right under any copyright, trade secret, trademark, patent or other intellectual property rights, including any logos or branding, (“Rights”) of the Companies or any third party. 

You may have the opportunity to submit, upload or share pictures, text or video content onto or through the Services (“Shared Content”). You must follow these Terms of Services in order to do so. While you retain ownership to any intellection property rights held in your Shared Content, when you share your Shared Content through our Services you grant us a royalty-free, worldwide license in perpetuity (subject to any and all applicable privacy laws) to use, store, reproduce, share, modify, create derivative works from, communicate, publish, publicly display and distribute your Shared Content. The rights you grant in this license are for the limited purposes of operating and promoting our Services. By utilizing the Services, you agree not to submit any Shared Content that (i) violates the law, (ii) contains a virus or any malicious content, (iii) constitutes hate speech, threatening or pornographic content, content that incites violence or that contains nudity or graphic violence, or that is intended to harass other users, (iv) content intended to spam users, (v) content intended to solicit or share other users private or sensitive information, including user log in information. 

DISCLAIMER OF WARRANTIES

Except as expressly set forth in a written agreement between you and the Companies, neither the Company nor its licensors, distributors, advertisers or suppliers make any specific promises about the Services offered or have any special relationship with or fiduciary duty to you. Any use of the Services shall be at your own risk. We do not make any warranties of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement. We provide the Services “As-Is” and make no warranties and assume no liability or responsibility for any (i) viruses, bugs or other harmful code, (ii) mistakes or inaccuracies in the information provided, (iii) lack of availability or suitability of the Services provided to meet your needs, (iv) personal or property damage resulting from your access to or use of the Services, (v) any interruption to or cessation of the Services, or (vi) any compromise or security breach or inadvertent release, disclosure or use of personal information maintained, processed or utilized by the Released Parties. To the extent permitted by law, we disclaim all warranties. 

With regard to the use of our Services to rent a home, you must rely solely on your own investigations and conclusions regarding such home, including with regard to financial and construction matters. Materials provided on the Website and other Services are for informational purposes only, and cannot be relied upon for accuracy, timeliness and completeness. Materials on the Services are not guarantees of current or future performance or availability. Further, the materials provided on the Website are for informational purposes only and are not intended to constitute an offer or solicitation. We assume no responsibility for any actions taken as a result of using these Services or for errors or omissions in the materials on the Website or the other Services.  

LIMITATION OF LIABILITY

You and your successors, assigns and heirs hereby forever irrevocable release, discharge and hold harmless the Companies, our affiliates, our successors and assigns, officers, directors, employees and agents (collectively, “Released Parties”) from, and agree not to sue any Released Parties for, any liability, claims, obligations, suits, actions, demands, expenses and damages (including any indirect, consequential, exemplary, punitive, special or incidental damages)  whatsoever (collectively, “Liabilities”) that you may have against any Released Party whether existing now of in the future, whether known or unknown, arising out of or in connection with your use of the Services or your inability to use any of the Services or any content appearing in the Services. You understand and acknowledge that the foregoing sentence releases and discharges all Liabilities, and you waive your rights under California Civil Code Section 1542. By agreeing to these Terms of Service and this waiver, you assume all risk arising from yet unknown claims. Some states do not allow the limitation of all damages, so the above may not apply to you. Notwithstanding the foregoing, in no event will the total cumulative liability for damages under the Terms of Service exceed One Hundred Dollars ($100). 

You also hereby agree to fully indemnify, protect, defend and hold harmless the Release Parties from any and all manner of liability, action, suits, judgments, debts, accounts, claims in law, equity or otherwise, damages and costs (including reasonable attorney fees) which you or your heirs may or shall have against any Release Parties in connection with your use of the Services, your violation of the Terms of Services, your violation of any third-party rights in connection with the Services or materials contained in the Services or any Shared Content you provide through the Services. 

GENERAL PROVISIONS

We may modify these Terms of Service for any reason, including to reflect updates in applicable law. You should review these Terms of Services regularly. By continuing to use the Services after any modification, you agree that you will be subject to such modified terms. 

Enforcement of the Terms of Service will be governed by New Jersey law, excluding its conflict and choice of law provisions. The exclusive jurisdiction and venue for any claims arising out of or related to the Terms of Service will lie in the state or federal courts of New Jersey, and you irrevocably agree to submit to the jurisdiction of the state and federal courts located in New Jersey. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect. If you violate or fail to comply with any of the Terms of Service and we fail to take action immediately, we do not give up any rights that we may have to take action in the future.