Terms of Use
Last Modified: April 6, 2026
IMPORTANT: Please review the following terms and conditions carefully. These Terms of Use (collectively, these “Terms”) constitute a legally binding contract between you and Horizon Uptown (Denver) SPV, LLC, a Florida limited liability company (the “Owner”, “we”, “our”, or “us”) and pertain to the access and use of the online services we offer, and all products, information, content, media, printed materials, Materials, hereinafter defined, and “online” or other electronic documentation accessible from www.horizonuptown.com (the “Website”) and any sub-domains thereof or other social media accounts and websites operated, controlled or managed by us (collectively, together with the Website, the “Sites”).
PLEASE READ THESE TERM CAREFULLY BEFORE YOU USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THIS AGREEMENT OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SERVICES.
Promotional material on the Sites is not intended to constitute an offering in violation of any law of any jurisdiction.
Website Services
We may offer from time to time certain features on the Sites (including without limitation account information, and certain public forums, including testimonials, videos, social media feeds, and newsletters) (collectively, the “Services”). The following terms pertain to your ability to use the Services made available by us on the Sites:
Posted Content
You acknowledge and agree that any information or content posted to our social media pages, including without limitation our Facebook, Instagram or YouTube page, may be viewed by the general public and will not be treated as private or confidential. You agree that we may use (or not use, at our sole discretion) any content posted on our social media pages or other Sites in any manner that we deem necessary or appropriate. You authorize us and our affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such posted content in furtherance of our operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such posted content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content, including without limitation text, photos, video or audio recordings, on our social media pages or our other Sites, you represent to us that you own or have the right to use and permit us to use such content in the manner stated above. If you identify yourself by name or provide a picture or audio or video recording of yourself on our social media pages, you further authorize us and our affiliates and licensees (without compensation to you or others) to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of our operations throughout the world, and any such permission cannot be revoked for any reason. Although we reserve the right to remove without notice any posting for any reason, we have no obligation to delete content that you personally may find objectionable or offensive.
The Services are designed for a general audience and are not directed to children. We do not knowingly collect or solicit personal information from children under the age of 18 through our Services.
BY ACCESSING OR USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Change of Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. You should frequently review these Terms and any other applicable policy from time-to-time to understand the Terms that apply to the use of the Services.
Availability of Service
We reserve the right to establish general practices and limits concerning the Services at any time (and may modify such practices and limits at our sole discretion). You agree that we shall have no responsibility or liability for the deletion or failure to deliver or store any information, pictures, content or email provided by or stored by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of our, or our affiliates’ or representatives’ error, intentional misconduct, or negligence. You agree that we shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Services.
Submission Requirements
In consideration of your use of the Sites and the Services, you agree to provide true, accurate, current, and complete information about yourself as prompted by us either online or in correspondence and promptly update such information to be true, accurate, current, and complete with us. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your access and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Services Indemnification
IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS, YOU AGREE TO RELEASE AND INDEMNIFY, DEFEND AND HOLD HARMLESS HORIZON UPTOWN (DENVER) SPV, LLC AND EACH OF ITS RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, AFFILIATES, LICENSORS, CONTRACTORS AND SUPPLIERS (COLLECTIVELY, “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LAWSUITS, PROCEEDINGS, ACTIONS, CLAIMS, DAMAGES, LIABILITIES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF WHATEVER KIND, CHARACTER, OR NATURE (COLLECTIVELY “CLAIMS”) BROUGHT BY OR ON BEHALF OF ANY PERSON THAT ARISE OUT OF (WHETHER DIRECTLY OR INDIRECTLY), ARE RELATED TO, OR ARE IN ANY WAY CONNECTED TO THESE TERMS, YOUR ACCESS OR USE OF THE WEBSITE OR ANY OTHER SITE, USE OF THE INFORMATION AND CONTENT PROVIDED BY OR TO YOU, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU, EVEN IF ANY SUCH CLAIMS ARE BASED IN WHOLE OR IN PART ON OUR SOLE NEGLIGENCE OR BY OUR JOINT, OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY.
General Limitation of Liability
YOU AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY OTHER SITE AND INFORMATION FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITY SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO $100.00 AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THE TERMS.
Acceptable Use Policy for the Services and Sites
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance, regulation or other legal requirement; (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including, without limitation, accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (v) impersonate any person or entity, including, without limitation, one of our or our affiliates’ officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; or (vii) collect or store personal data about other account users or attempt to gain access to other users’ accounts or otherwise mine information about other users or the Sites.
You will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Services or in connection with the Services, or reproduce or circumvent the navigational structure or presentation of the Site or other Services without our express prior written consent to do so. Notwithstanding the foregoing, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
Additionally, you acknowledge and agree that you are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use any of the Services, and paying all charges related thereto.
We may terminate your use of any or all of the Services for any conduct that we consider to be inappropriate or for your breach of these Terms, including the rules of conduct set forth above including if you repeatedly engage in copyright infringement via or in connection with the Services.
Restricted Use of Website Materials
Unless otherwise indicated, we or our affiliates or licensors hold the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphs, graphics, logos, icons, data, audio, page headers, images, content, sound recordings, tutorials, white papers, software (including HTML and other scripts), buttons, audio/visual clips and design and the arrangement and compilation of this information (collectively, the “Materials”). Additionally, we own all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Sites, unless otherwise noted. Without our explicit consent, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, statute, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of ours or any third party. Unless otherwise indicated, we allow you to view and print information, documents, and web pages located on the Sites for your own personal use but not for resale provided that (A) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original Materials, (B) you must give attribution to us and if possible provide a reference to our Website or other Site, whichever is applicable, (C) the Material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (D) if you combine the Materials with other hard copy materials, you must clearly designate which portion of the complete work is our Material. No electronic copies are permitted. If you share the printed Materials with others, you agree to advise any person to whom you share the Materials of these Terms and they must agree to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by us or our affiliates or licensors. You acknowledge that the Materials on the Sites are provided “as is” for general information only and without warranties of any kind or nature. While we endeavor to keep the Materials on the Sites current, the Materials on the Sites should not be relied upon to be fully comprehensive or error free. We do not recommend, endorse or make any warranties or representations of any kind or nature with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the Materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites.
Real Estate Agents, Builders, and Brokers
We may acknowledge certain persons and companies who have been engaged to provide services for or in connection with the Site subject matter, including real estate agents, builders, and brokers. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies’ own names or marks and/or links to such persons’ or companies’ own websites. If you choose to click on the links to any of these websites or otherwise engage in any correspondence or business dealings with or purchase products or services from any of these persons or companies, including real estate agents, builders, or brokers, you do so on your own initiative and you agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such persons or companies in conjunction with the Sites.
Links to Social Media Sites
The Sites may contain links to or direct feed from other social media accounts and/or webpages hosted by or for us which from time to time may include without limitation, Facebook and Instagram. Your access to and use of any such social media pages shall be governed by these Terms to the extent they are not contrary to the terms or other service agreements of the social media site operators. You, however, acknowledge that we have no control over the operations of the social media websites to which the Website or any other Site may link, and you acknowledge and agree to indemnify and hold us harmless for any breach of any terms or other service agreements of the social media site operators by virtue of your actions.
Children
We do not knowingly request or solicit data (including personally identifiable information) from individuals under the age of 18. If we have actual knowledge that we have collected such personal information, we will delete that information from the Sites as quickly as is reasonably practical.
Terms & Termination
These Terms are effective from the earlier to occur on the date that you first access the Website or any other Site or the date that you submit a contact request form online, and shall continue in effect until terminated in accordance with these Terms. We may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but is not be limited to: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a written statement by you that you no longer agree to these Terms, or a written statement by you otherwise requesting termination of your access to the Services; and/or (x) any other reason considered by us to be in our best interest.
Service and Site Limitation of Liability
In no event and under no circumstances shall we or our service providers or any contributors of information to the Sites or our affiliates, sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Services and/or the Sites, or your (or any authorized user’s) or any unrelated party’s reliance on or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Services and/or the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms fail of their essential purposes. You understand, acknowledge and agree that we have no control over the acts or omissions of any real estate professional or builder using or not using the Sites and/or Services or registered or not registered with our Sites and/or Services, and that we make no representations or warranties of any kind or nature whatsoever about any user of the Sites and/or Services, including without limitation any person who accesses Services and certain features of the Sites. You further understand, acknowledge and agree that we make no representations or warranties of any kind or nature whatsoever about the quality of the services actually provided by any such registered or unregistered user of the Sites and/or Services, including with respect to such user’s license status, experience, suitability, specializations, designations and certifications or disciplinary history. You acknowledge, understand and agree that we are not responsible for the performance or conduct, whether on or off the Site, of any user of our Services, whether or not such person has been acknowledged by us for use of certain features of the Sites. You understand, acknowledge and agree that we do not offer any real estate brokerage services, are not brokers, salespersons or real estate agents, and are not an agent or fiduciary of you or any consumer; no broker or agency relationship is established by your use of the Sites; and, we do not and will not be representing you or acting on your behalf in any capacity. You further acknowledge that we are neither an agent nor fiduciary of any real estate professional acknowledged on the Sites. You further acknowledge that we do not represent any such real estate professional or act on his or her behalf and no professional relationships (including broker/salesperson sponsorship) is established by your use or access of the Sites. We expressly disclaim, and each user of the Sites and/or Services expressly releases us from, any and all liability of any nature and kind whatsoever for any controversies, claims, suits, proceedings, injuries, losses and damages of any nature or kind arising out of (whether directly or indirectly) or in any way related to disputes between users of the Sites and/or Services, including disputes between users and any real estate professionals or builders.
Disclaimer of Warranties
THE WEBSITE AND ALL OTHER SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND MATERIALS) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH AND ON YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites in terms of compatibility with hardware or other software, reliability, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. WE MAKE NO REPRESENTATION THAT SITES OPERATE (OR ARE LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. WE MAKE NO REPRESENTATION THAT THE SITES, SERVICES, INFORMATION OR MATERIALS FOUND THROUGH THE SITES OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE, AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Notice of Claims of Intellectual Property Violations
We do not permit the use of content on the Sites that infringes on the copyright, trademarks or rights of publicity of others, and will remove any such content that violates the copyright, trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms. If you believe that any of the content on the Sites infringes upon your copyright or trademark rights or your rights of publicity, please provide the following information to our Privacy Officer: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work or mark or publicity right claimed to have been infringed; or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights; (3) identification of the material 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 us to locate the material; (4) information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and, if available, an electronic mail address at which you may be contacted; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (6) 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 upon. Our agent for the notice of any claim of infringement of any copyright, trademark or right of publicity is info@horizonuptown.com. Please provide all of the information requested above. No specific form is required to provide us with notifications of possible infringement. However, it will take us longer to process your notice if any of the listed information is not provided; and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of possible infringement submitted electronically with an attachment will not be received or processed.
Governing Law and Arbitration
This Agreement is governed by the laws of the State of Colorado, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, ANY RECORDING, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US (INCLUDING OUR COLLECTION, STORAGE, USE AND DISCLOSURE OF INFORMATION PURSUANT TO OUR PRIVACY POLICY), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU AGREE THAT YOU AND US ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in Denver County, State of Colorado, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Waiver and Severability
No waiver by the Owner of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Owner to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms, our Privacy Policy, together with all policies referred to herein, is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Horizon relating to such subject matter.
Miscellaneous
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The use of “including” is not exhaustive, unless qualified by words such as “only” or “solely.” Notices to you may be made via posting to the Site or through the Services, by e-mail, or by regular mail, in our discretion. The Site or Services may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
If you have any questions regarding these Terms, please call us at 949.955.0984, email us at info@horizonuptown.com, or write to us at Horizon Uptown 22155 E 7th Place, Aurora, CO 80018 USA.
DISCLOSURES
No Investment Advice or Representation
No statement in the Terms, Website or any other Site, or in any marketing material, shall be construed, interpreted or deemed as investment or financial advice, and we do not make any representation or provide any advice concerning taxes, tax advantages, future income, profit or rental potential of any improvement on or any portion of the property. You are encouraged to obtain professional advice concerning any purchase or investment you make. Any purchase you make of any portion of a home and improvements thereon shall be through a third party homebuilder, not us, and according to terms contained in a purchase contract between you and the respective builder, the terms of which are not varied by any content on the Sites. As a condition of your use of this Website, you understand and agree that we expressly disclaim any and all liability, of any nature and kind, for investment decisions you make based upon any information obtained from this Website or any other Site.
Reliance on Statements on the Website
Statements made on this Website that are not historical facts are “forward-looking” statements that involve a number of risks and uncertainties, that could cause actual results to differ materially from those projected in the statements, including, but not limited to: (1) economic conditions in the County of Arapahoe, the State of Colorado and elsewhere; (2) market demands; (3) competitive factors and pricing factors in the builders’ primary markets; (4) legislative and regulatory environments at the federal and state local levels, such as government rate regulations and land-use regulations; (5) dependence on third-party suppliers; (6) fuel prices; (7) labor relations; (8) risks associated with current or future litigation; and (9) other risk factors described elsewhere in this communication.
Owner is not a Builder
Residences and residential improvements designed for use primarily as places of residency for individuals (collectively, “Residences”) in and on the property are constructed by third party homebuilders (each a “Builder”). Owner will not construct, co-build Residences with any Builder, or sell any Residences. Owner is not a party to any joint venture or business partnership with any Builder for purposes of constructing Residences. Builders operate independently and are not affiliates of Owner. You agree that Owner and Developer have no liability of any kind or nature whatsoever in connection with the construction, sale, or lease of any Residences on any portion of the property by Builders, and Owner shall not be responsible for any claims of any nature or kind arising out of the construction, sale, or lease of any Residences on any portion of the property. We are not a guarantor or party to any agreements between Builders and third parties, including you and any other home buyers. All persons purchasing Residences from Builders shall rely exclusively upon the terms and provisions included in the purchase contracts entered into by such persons with the respective Builder. Persons buying Residences located in and on the property from Builders agree to forever waive and release, to the fullest extent permitted by law, any and all rights, claims, and causes of action against Owner which arise out of, directly or indirectly or are in any way connected to purchase contracts and transactions with Builders for Residences located on any portion of the property.
THIS WEBSITE IS NOT AN OFFERING WHERE PRIOR QUALIFICATION IS REQUIRED OR WHERE PROHIBITED BY LAW. The information on the Website does not constitute an offer to residents of NY, NJ, CT, or any other jurisdiction where prior state registration of out-of-state real estate offerings have not been satisfied.
For California Residents. WARNING: THE CALIFORNIA DEPARTMENT OF REAL ESTATE HAS NOT INSPECTED, EXAMINED, OR QUALIFIED THIS OFFERING.
For New York Residents. OWNER IS NOT LOCATED IN OR A RESIDENT OF THE STATE OF NEW YORK. THE OFFERING PRESENTED ON THIS WEBSITE IS (I) NEITHER MADE IN THE STATE OF NEW YORK NOR MADE TO THE RESIDENTS OF THE STATE OF NEW YORK; AND (II) NOT DIRECTED TO ANY PERSON OR ENTITY IN THE STATE OF NEW YORK BY, OR ON BEHALF OF, OFFEROR OR ANYONE ACTING WITH OFFEROR’S KNOWLEDGE. NO OFFERING OR PURCHASE OR SALE OF PROPERTY SHALL OCCUR AS A RESULT OF THE OFFERING DISPLAYED ON THIS WEBSITE, UNTIL ALL REGISTRATION AND FILING REQUIREMENTS UNDER THE MARTIN ACT AND THE ATTORNEY GENERAL’S REGULATIONS ARE COMPLIED WITH; A WRITTEN EXEMPTION IS OBTAINED PURSUANT TO AN APPLICATION IS GRANTED PURSUANT TO AND IN ACCORDANCE WITH COOPERATIVE POLICY STATEMENTS #1, #7 OR #12; OR A “NO-ACTION” REQUEST IS GRANTED.
Site Illustrations; Property Views
In the event there are any site plans, floor plans, renderings, photographs or depictions which appear on our Sites at any time or from time to time, such site plans, floor plans, renderings, photographs and depictions are provided only as a courtesy and only for illustrative purposes. Any such illustrative site plans, floor plans, renderings, photographs, and depictions are subject to change without notice, and may not ever be a part of any portion of the property. No promise or guarantee of any kind or nature is made that any features, amenities, services, facilities, materials, composition, size, number or other characteristics seen in any site plans, floor plans, renderings, photographs or depictions will be included or offered in or on any portion of the property or improvement thereon, including residences and residential improvements. Any reference to square footage, acreage, or other size is approximate and subject to change. A view from any portion of the property as shown in any photograph or depiction on this Website may be artistically assembled or may be affected by future development in, on or in the vicinity of the property and no guarantee, warranty or representation is made concerning any views from any portion of the property at any time, the preservation of any such view, or the natural environment of the property or surrounding areas.
Equal Housing Opportunity
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
