General Conditions, Privacy Policy & Terms of Use

The following sets forth the General Conditions, Privacy Policy and the Terms of Use (collectively, the “General Conditions/Terms of Use”) applicable to all individuals (“You”, “Your” and “Yours”), that access and otherwise use this Web site (this “Website”): 

GENERAL CONDITIONS

The development concepts for the Brunswick Crossing Community (the “BC Community”) continue to evolve and are subject to change without notice.  Therefore, the descriptions of the BC Community’s amenities, facilities, features, improvements and characteristics (collectively, “Amenities”) may change and any of the proposed Amenities may not be completed.  No guarantee is made as to the final design or development of any of the BC Community’s Amenities.  The original owner of the BC Community (and the current owner of the remaining undeveloped land within the BC Community) is Brunswick Crossing, L.L.C. ("Owner") and the Owner’s agent/independent contractor responsible for its development is Pleasants Development, LLC (“Developer”) (Owner and Developer and their respective agents, employees and independent contractors are sometimes collectively referred to as “Brunswick Crossing”, “We”, “Us” and “Our”).  Brunswick Crossing does not guarantee the current or future uses, types or number of lots improved with residential dwelling units (“Home(s)”) and/or types or number of commercial buildings and uses (“Commercial”) or Amenities within the BC Community.

Each Home within the BC Community will be subject to payment of mandatory association fees to the Brunswick Crossing Homeowners Association, Inc. (the “Association”) and the Association has the right to impose additional dues; fees and assessments for the use of certain of the Amenities within the BC Community.

Photographs and images are not necessarily of the BC Community, are for illustrative purposes only and are not intended to be an actual representation of any features or designs of any specific Amenities within the BC Community.  Future development of the BC Community may or may not occur as shown on illustrations, depictions or maps. The information on this Website is only intended as general information about the BC Community and is not an offer or solicitation to sell property to individual buyers (“Buyers”).  Lots within the BC Community are currently not for sale by Owner to individual Buyers.  Owner currently sells lots to unaffiliated third-party homebuilders (“Homebuilder(s)”).  If You are interested in purchasing a lot within the BC Community please contact the Homebuilders that are building Homes within the BC Community.

Brunswick Crossing does not warrant or guarantee the obligations, construction, or pricing of Homebuilders who may build and sell Homes in the BC Community.  Buyers of Homes in the BC Community contract directly with the Homebuilder and must rely solely on their own investigation and judgment of the Homebuilder's construction and financial capabilities in as much as Brunswick Crossing does not warrant or guarantee such capabilities, nor does Brunswick Crossing warrant or guarantee the design, pricing, engineering, construction, or availability of any Homes or any other improvements constructed by such Homebuilder or the obligations of any such Homebuilder to the Buyer.

This material shall not constitute a valid offer in any state where prior registration is required or if void by law.  Brunswick Crossing is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation.  Brunswick Crossing encourages and supports an affirmative advertising and marketing program in which there are not barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

IF YOU DO NOT AGREE WITH ANY OF THE FOREGOING GENERAL CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE.  Your use of this Website shall be deemed to be Your agreement to abide by each of the foregoing General Conditions.

PRIVACY POLICY

The following sets forth the privacy policy (the “Privacy Policy” or the “Policy”) applicable to all individuals that access and otherwise use this Website.  IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF OUR PRIVACY POLICY, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE. YOUR USE OF THE WEBSITE SHALL BE DEEMED TO BE YOUR IRREVOCABLE AGREEMENT TO ABIDE BY THE TERMS OF OUR PRIVACY POLICYSET FORTH BELOW.

Some information that identifies You as an individual ("Personal Information") is gathered when You register with this Website, or participate in community activities, focus groups and interviews, sweepstakes and promotions (including incentive programs).  We also collect Personal Information about You to the extent that You provide it to Us online (e.g., by filling out forms on the Website or by submitting such information in an e-mail message) and offline (e.g., by filling out a comment card at one of our locations, or by registering for information concerning Community Amenities).  You provide Your Personal Information voluntarily.

Personal Information requested may include Your name, Your street mailing address, Your e-mail address, Your telephone number and other information, including information about Your personal or business demographics and Your home purchasing preferences.  In addition, We may ask You to enter an ID, password or similar data when You access this Website, so We can verify Your right to access certain portions of this Website. We might also obtain Personal Information about You provided to Us by Your friends, including Your name and e-mail address, as this Website may allow visitors to this Website to send information about the BC Community to others via e-mail.  If You choose to tell a friend about Our community, We may ask You for Your friend's name and e-mail address. We endeavor to send to Your friend such e-mails. We may elect not to send the e-mail in certain circumstances in Our discretion (e.g., if the e-mail contains inappropriate or inaccurate information or content).  We store Your friends' Personal Information for the purposes of sending these e-mails, tracking the success of Our referral program and promoting the BC Community.  Your friend may contact Us at VisitUs@BrunswickCrossing.com to request that We remove Your friend's Personal Information from Our database.

How do We use the Personal Information We collect:

Our goals in collecting Personal Information from You include: (i) providing You with information about the BC Community such as: phase releases, pricing, amenities, upgrades and enhancements, community events and other information We deem You may find of interest; (ii) supporting business purposes, and community planning endeavors, that We believe are reasonable and consistent with fair business practices; (iii) notifying You to provide any information regarding any promotion or incentive program that We believe You might be interested in or that You have participated in; and (iv) contacting You concerning phased releases, amenities, upgrades, enhancements, community events or activities, services and products for new homes in the BC Community that might be of interest to You.  We also use Your Personal Information to determine other information that will be delivered to You that may be targeted to Your interests, as well as determining what periodic marketing, promotional and other notices to provide to You.  You may, at any time, choose to not receive communications from Us by "opting out" of specific mailing lists and services by sending an e-mail requesting removal to Us at: VisitUs@BrunswickCrossing.com, or by writing us at the mailing address listed below.

How We Share Personal Information:

We may disclose Your Personal Information to Homebuilders that build in the BC Community (or other communities outside of the BC Community), to Our affiliates (i.e., companies that We own, We are owned by, or We are under common ownership with), to consultants, and to other third parties with whom we have a business relationship.  We may also disclose Your Personal Information to third parties as We deem necessary or desirable to provide products and services that You have requested. Your Personal Information may also be disclosed to third parties on an aggregate basis and in a manner that does not reveal the personal identity of You or Your business.  For real estate professionals who are participants in our Incentive Programs, as defined below, We may disclose Your Personal Information to a third party shipper, if applicable, so that any incentives or rewards that You have earned pursuant to the Incentive Program can be shipped and delivered to Your home or business. We may also disclose Your Personal Information as We believe is reasonably necessary to comply with law, regulation or other governmental authority.  Finally, We may disclose Your Personal Information upon a transfer or sale to another entity of all or a portion of the BC Community or upon any corporate reorganization.

Promotions and Community Activities:

We may from time to time offer promotions (including incentive programs), community activities, and other programs in which We may request Personal Information.  Your participation in any such promotions, activity or program will be subject to the official rules of such promotion or activity, or any release that You may sign, and any additional related conditions that may be posted on this or other applicable Web sites, or as otherwise provided.

Incentive Programs and Similar Promotions for Real Estate Professionals:

We may offer from time to time rewards programs and various other promotions and incentive programs ("Rewards Programs") specifically for real estate professionals, in which We request Personal Information, such as Your name, address, e-mail address and phone number.  The participation of real estate professionals in a Rewards Program will be subject to the terms and conditions, or official rules, of such program, any release You may sign and any additional related conditions that may be posted on this or other applicable Web sites, or as otherwise provided.

Retention and Protection of Personal Information:

Generally, We retain Your Personal Information that We collect electronically on Our server or in Our archives for as long as We reasonably need it.  We may alter this practice according to legal and business requirements. For example, We may shorten the retention period for certain Personal Information if needed to free up storage space, and We may lengthen the retention period for other Personal Information if needed to comply with privacy standards or applicable law.

We establish and maintain certain practices to help protect the confidentiality, security and integrity of electronic Personal Information stored on Our system.  Notwithstanding the foregoing, no computer system is completely secure, and while the measures We implement are intended to reduce the likelihood of security problems, there is no warranty or guarantee that Our standard security measures will prevent access to Your Personal Information.

How to modify Your Personal Information:

You may modify or update Your Personal Information by sending an e-mail to Us at VisitUs@BrunswickCrossing.com.  Data management requests are administered in an orderly manner to the extent feasible and within Our direct control.

Other Limits to Your Privacy and Confidentiality:

We may disclose Personal Information in special cases when We have reason to believe that disclosing the Personal Information is necessary for Us to protect or enforce Our legal rights, or when We believe that the law requires it, and for administrative and other purposes We deem necessary to maintain, service and improve our products and services.

As more fully set forth in the Terms of Use, We operate this Website (including without limitation its registration system) and provide Our services in good faith, but on an “AS-IS”, “WHERE IS”, "WITH ALL FAULTS", “AS-AVAILABLE” basis.  

Children's Privacy: 

Protecting the privacy of the very young is especially important.  For that reason, We never collect or maintain information at Our Website from those We actually know to be under the age of 13 years.  No part of Our Website is structured to attract anyone under 13 years of age. All Website users warrant that they are not subject to the verification requirements of the Children's Online Privacy Protection Act (COPPA).

Consent and Revisions:

By using or accessing Our services or this Website, by participating in the activities or programs outlined above, or similar activities or programs, or by providing Personal Information, You agree to this Privacy Policy.  This document supersedes any prior communication on this topic and reflects the entire and exclusive Privacy Policy. We reserve the right to revise this Privacy Policy from time to time, and will post any revisions on this Website.  Additionally, if You provide an e-mail address as part of Your registration, We may send an e-mail to such address to inform You of changes to this Privacy Policy. Upon publication, the updated Privacy Policy will be deemed to replace the prior version of this Policy.  We encourage You to review our Website regularly for changes. If at any time, You do not agree with the terms in the updated Privacy Policy or if You want to be removed from Our database, please let Us know using the contact information below and We will remove Your name and other Personal Information from the database.

Your Questions and Comments:

If You have questions about this Privacy Policy or would like to be removed from Our database, please send an e-mail to VisitUs@BrunswickCrossing.com.

TERMS OF USE

These Terms of Use ("Terms of Use") apply exclusively to Your access to and use of this Website. This Website is presented to You by Brunswick Crossing.  These Terms of Use do not alter in any way the terms and conditions of any agreement You may have with Owner, Developer, any entity affiliated with Brunswick Crossing and/or any Homebuilder.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE. YOUR USE OF THE WEBSITE SHALL BE DEEMED TO BE YOUR IRREVOCABLE AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

Use of Copyrighted Materials/Trademarks:

Owner is the owner of this Website.  Any materials on this Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship (collectively the "Materials") are either owned or licensed by Owner, owned or licensed by certain Homebuilders, owned or licensed by certain marketing independent contractors retained by Brunswick Crossing (“Marketing Contractors”) and may be copyrighted.  All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Owner, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners.  Except as otherwise noted in the Website, You are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, subject to the following conditions:

(1) Any copy of the Materials or portion thereof must include all copyright notices appearing on the original; and

(2) Owner reserves the right to revoke such authorization at any time, and any such use by You shall be discontinued immediately upon notice from Brunswick Crossing.

Nothing contained in this Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Brunswick Crossing, Homebuilders, Marketing Contractors or any other third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Website are expressly reserved to Owner, Developer and/or any third party, as applicable.

Privacy Policy:

The Privacy Policy is incorporated into these Terms of Use by this reference.  By using or accessing Brunswick Crossings’ services or this Website, by participating in the activities or programs outlined in the Privacy Policy, or similar activities or programs, or by providing Personal Information, You hereby agree to the terms and conditions set forth in the Privacy Policy.

Hyperlinks to this Website:

You are granted a limited, nonexclusive right to create a "hypertext" link to this Website provided that such link is to the entry or home page of this Website and does not portray Brunswick Crossing or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner.  This limited right may be revoked by Brunswick Crossing at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Brunswick Crossing trademark, logo or trade name or other proprietary information, including the Materials found at or on this Website, the content of any text or the layout/design of any page of this Website or any form contained on a page of this Website without the express written consent of Brunswick Crossing in each instance.  In addition, You may not use any meta tags or any other "hidden text" utilizing a Brunswick Crossing name, trademark, or product name without Brunswick Crossings’ express written consent in each instance.

Links to Third Party Web Sites:

This Website may be linked to other Web sites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Brunswick Crossing.  If You use these links, You may leave the Website. Brunswick Crossing has not reviewed any of these third party sites and does not control and is not responsible for any of these sites or their content.  Brunswick Crossing does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them.  If You decide to access any of the third party Web sites linked to this Website, You do so entirely at Your own risk.

Disclaimer of Warranties:

BRUNSWICK CROSSING MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS, THE ACCURACY, TIMELINESS, RELEVANCE, RELIABILITY OR COMPLETENESS OF THIS WEBSITE OR THE MATERIALS OR ANY OTHER WARRANTIES REGARDING THIS WEBSITE, MATERIALS OR THE QUALITY, SUITABILITY, TRUTH, ACCURACY, TIMELINESS, RELEVANCE AND COMPLETENESS OF ANY CONTENT OR OTHER MATERIALS CONTAINED ON THIS WEBSITE. You acknowledge and agree that Brunswick Crossing operates this Website (including without limitation its registration system) in good faith, but this Website is made available to You strictly "AS IS", “WHERE IS” “AS-AVAILABLE” and "WITH ALL FAULTS".

Unlawful And Prohibited Uses:

You agree not to use this Website, including but not limited to any materials or services that You may receive through Your use of this Website:  (a) in a manner that violates any local, state, federal, foreign, or international statute, regulation, rule, order, treaty, or other law or for any purpose that is prohibited by these terms, conditions, or notices; (b) to stalk, harass or harm another person or to interfere with any other party's use and enjoyment of this Website; (c) to impersonate another person or entity or otherwise misrepresent Your affiliation with a person or entity; or (d) to damage, disable, overburden, interfere or disrupt this Website or the servers or networks connected to this Website or any of Brunswick Crossings’ related websites.  You further agree not to: (i) use any data mining, robots, or similar data gathering or extraction methods in connection with this Website or (ii) attempt to gain unauthorized access to any portion of the Website or any other services, accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.

Limitation of Liability:

BRUNSWICK CROSSING, HOMEBUILDERS, MARKETING CONTRACTORS OR ANY OTHER THIRD PARTY AND THEIR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THIS WEBSITE, YOUR INABILITY TO USE THE WEBSITE, ANY CONTENT APPEARING ON THE WEBSITE AND/OR THE GENERAL CONDITIONS/TERMS OF USE, INCLUDING THE PRIVACY POLICY AND THE USE OF ANY OF YOUR PERSONAL INFORMATION.  IN NO EVENT WILL BRUNSWICK CROSSING HOMEBUILDERS, MARKETING CONTRACTORS OR ANY OTHER THIRD PARTY OR THEIR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER BRUNSWICK CROSSING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF BRUNSWICK CROSSING HOMEBUILDERS, MARKETING CONTRACTORS OR ANY OTHER THIRD PARTY OR THEIR AFFILIATES FOR DAMAGES RELATING IN ANY WAY TO THIS WEBSITE OR YOUR USE THEREOF, INCLUDING THE GENERAL CONDITIONS/TERMS OF USE OR OTHERWISE, EXCEED FIFTY DOLLARS ($50.00). UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR EVENTS BEYOND OUR DIRECT CONTROL. 

Press Releases:

The information contained within press releases issued by Brunswick Crossing should not be deemed accurate or current except as of the date the release was posted.  Brunswick Crossing and their affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

Revisions to the General Conditions/Terms of Use:

You agree that Brunswick Crossing can revise the General Conditions/Terms of Use at any time without notice by updating this posting on this Website.  You agree that Your continued use of this Website after such modifications have been made constitutes Your acceptance of such revised General Conditions/Terms of Use.

General Provisions:

Enforcement of these General Conditions/Terms of Use shall be governed by the laws of the State of Maryland, excluding its conflict and choice of law principles.  The exclusive jurisdiction and venue for any claims arising out of or related to these General Conditions/Terms of Use or Your use of this Website will lie in the state courts located in Montgomery County, Maryland and/or the federal courts located in Greenbelt, Maryland, and You irrevocably agree to submit to the jurisdiction of such courts.  Any legal actions against Brunswick Crossing must be commenced in Maryland within one year after the claim arose, or be barred. The failure of Brunswick Crossing to enforce any right or provision in these General Conditions/Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Brunswick Crossing in writing.  In the event that a court of competent jurisdiction finds any provision of these General Conditions/Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect and the offending portion shall be deemed automatically conformed to the minimum requirements of law.

Contact Us:

If you have any questions regarding the Website, please contact Brunswick Crossing by sending an e-mail to VisitUs@BrunswickCrossing.com.