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Terms
of Use,
Conditions, Notices & Disclaimers
PLEASE
READ AND AGREE IN FULL, WITHOUT RESERVATION, TO THE FOLLOWING TERMS OF USE, CONDITIONS, NOTICES AND DISCLAIMERS
IN ORDER TO CONTINUE READING AND/OR
VIEWING OUR WEBSITE. IF YOU CANNOT FULLY AGREE AND CONFORM WITH
EACH AND EVERY LISTED ITEM AND PARAGRAPH, PLEASE LEAVE OUR WEBSITE!
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syncon homes syncon homes syncon homes syncon homes
THIS WEBSITE IS
NOT AFFILIATED
WITH, OR APPROVED BY, A RESIDENTIAL CONSTRUCTION COMPANY KNOWN AS SYNCON
HOMES, IT'S AFFILIATED COMPANIES OR SUBCONTRACTORS.
It was created by the purchasers of a Syncon Homes' house in Syncon Homes' La
Costa tract, Minden, Nevada.
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We
present and offer for your reading and viewing in your web browser this website, including all of its
pages, diagrams and pictures, if and only if you accept in full, without reservation, each and every
term of use, condition, notice, and disclaimer provided herein. Your reading and/or viewing of this website constitutes your full
agreement with these Terms of Use, Conditions, Notices and Disclaimers.
IF YOU FIND THAT YOU CANNOT FULLY AGREE, WITHOUT RESERVATION, TO EACH
AND EVERY TERM OF USE, CONDITION, NOTICE, AND DISCLAIMER WRITTEN HEREIN,
PLEASE LEAVE THE WEBSITE NOW.
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All
pages of our website are copyrighted. You may
read and view the information contained in our website using your web
browser.
However, you
may only link to the entry page of our website, known as the index
page (index.html).
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YOU MAY NOT DOWNLOAD OR ARCHIVE THIS
WEBSITE OR ANY PAGE, IN WHOLE OR IN PART, except as required through
the usual and customary real-time viewing operation required by a web browser program such as Internet
Explorer, Firefox, or other similar web browsers, or as we have specifically allowed
in writing on a
specific web page or as we have specifically authorized in writing to you. THE USE OF WEBSITE
COPYING OR ARCHIVING PROGRAMS PROGRAMS, INCLUDING BUT NOT LIMITED TO
"HTTRACK," ARE EXPRESSLY PROHIBITED. Automated
web bots used for indexing this
website in search engines are excepted from the prohibition.
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YOU FULLY AGREE, WITHOUT
RESERVATION, THAT EACH AND EVERY VIOLATION OF THE PROHIBITIONS LISTED
IN ITEMS 2 AND 3, SHALL BE LIABLE UNDER APPLICABLE COPYRIGHT LAWS.
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YOU
FULLY AGREE, WITHOUT RESERVATION, THAT SHOULD LITIGATION BE REQUIRED TO ENFORCE
ITEMS 2, 3, AND 4, LITIGATION
MAY BE FILED IN DOUGLAS COUNTY,
NEVADA, OR ANY OTHER APPROPRIATE JURISDICTION, AT OUR SOLE DISCRETION.
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YOU
FULLY AGREE, WITHOUT RESERVATION, THAT YOU WILL BE RESPONSIBLE FOR ALL LEGAL EXPENSES WE
INCUR TO ENFORCE ITEMS 2, 3, 4 AND 5, AND FOR ALL EXPENSES WE INCUR TO
ENFORCE AND COLLECT ANY
JUDGMENTS THAT RESULT FROM THE LITIGATION.
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YOU
FULLY AGREE, WITHOUT
RESERVATION, THAT OUR LIABILITY UNDER ITEMS 2, 3, 4, AND 5, OR ANY
OTHER ITEMS LISTED IN OUR TERMS OF USE, CONDITIONS, NOTICES AND DISCLAIMERS, WILL BE LIMITED TO
THE SUM OF $1 (ONE DOLLAR).
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ALL
REIMBURSEMENT PAYMENT(S) FOR OUR LEGAL, ENFORCEMENT AND COLLECTION EXPENSES REFERENCED IN ITEM 6 SHALL BE
MADE PAYABLE TO US.
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You
fully agree, without reservation, that the Terms of Use, Conditions, Notices and Disclaimers
applicable to this website
do not extend to the
websites to which we link. You must consult the owners of those
sites for their policies.
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The information contained within this website
DOES NOT CONSTITUTE ADVICE FROM LEGAL, FINANCIAL, INSPECTION,
DESIGN OR REAL ESTATE PROFESSIONAL. WE ARE NOT REAL
ESTATE BROKERS, REAL ESTATE AGENTS, ARCHITECTS, CONTRACTORS, HOME
INSPECTORS OR ATTORNIES.
We are simply the buyers of a Syncon Homes-built house,
who did more than the due diligence required of any buyer before we
made our purchase, but who were still caught in the quagmire of
Syncon Homes' defective construction, code violations and subsequent
actions or lack of action. It
has forced us to try to educate ourselves, beyond what would be
reasonably expected of any home buyer or non-construction-related
person, about construction standards and building codes in order to protect ourselves.
WE CAN NOT BE HELD RESPONSIBLE FOR YOUR REAL ESTATE
TRANSACTIONS AND/OR DECISIONS. PLEASE CONSULT YOUR OWN ADVISORS
BEFORE YOU TRANSACT BUSINESS USING ANY INFORMATION OR EXPERIENCES WE HAVE PROVIDED ON
OUR WEBSITE. THERE HAS BEEN, AND WILL REMAIN, NO WARRANTIES
EXPRESS OF IMPLIED IN CONJUNCTION WITH ANYTHING WRITTEN OR POSTED ON
THIS WEBSITE.
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This
website is not a commercial website. It was not created,
designed or posted to earn
any contributions, monies or profits, real or in kind for ourselves or
anyone else. Consequently, you
fully agree, without reservation, to not read, use, review or link to this website for any
commercial purposes, either as an individual, employee, business,
organization or other website.
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This
website contains personal opinions based on our experiences. It is a legal
exercise of our First Amendment Free Speech rights. Our opinions
will not represent the opinions of all our viewers, just like the
sites to which we link may contain opinions that are not necessarily
the same as ours. You agree, without reservation, that we are not responsible for the content of the
other websites and we are not responsible for the content of the
websites that link to our website.
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If you
would like to share your opinion or other information with us, please
use the email links provided throughout our website. We will
consider your comments. We appreciate the time and effort you
will have invested, but we do not promise to include them on our web
pages.
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All
information contained within our website are true and correct to the best of
our knowledge. All statements are
representative, reasonable, based on documents reasonably expected to
be from subject matter experts and/or the manufacturers of the involved
products or based on our experiences with Syncon Homes. We also
quote documents wherever appropriate in evidence and in support of our
statements. If you believe there is a misstatement of fact
within this website, please let us know by using the email links we
have provided.
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By
sending us any suggestions or other information, you agree, without
reservation, that we may
publish all or part of your email or use it to correct any
misstatements. Whatever you send us will become our sole
property without compensation.
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We
are also not in
any way whatsoever saying the construction defects shown and discussed throughout the
website will be found in all the houses
Syncon Homes has built or will be building. Another home may be
built better, worse or differently than the property discussed in the
website. You agree, without reservation that we are simply providing evidence of the defects found in a
house that Syncon Homes recently built and evidence of Syncon Homes'
actions.
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IN
THE EVENT YOU DECIDE TO LITIGATE THE CONTENT OF THIS WEBSITE, IN WHOLE
OR IN PART, INCLUDING BUT NOT LIMITED TO THE URL NAMES USED FOR ACCESS
TO THE WEBSITE, YOU FULLY AGREE, WITHOUT RESERVATION, THAT THE LAWSUIT SHALL
BE FILED ONLY IN DOUGLAS COUNTY, NEVADA, OR IN ANY OTHER JURISDICTION
AT OUR SOLE DISCRETION.
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YOU
FULLY AGREE, WITHOUT
RESERVATION, THAT YOU WILL BE RESPONSIBLE FOR ANY LEGAL EXPENSES WE
INCUR AS A RESULT OF THE LITIGATION DESCRIBED IN ITEM 17.
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YOU
FULLY AGREE, WITHOUT RESERVATION, THAT YOU WILL DEPOSIT THE SUM OF
$20,000 (TWENTY THOUSAND DOLLARS) WITH OUR ATTORNEY, AS A
PRELIMINARY PAYMENT OF THE AFOREMENTIONED LEGAL EXPENSES DESCRIBED IN
ITEM 17, AT THE TIME THE LAWSUIT IS FILED. ADDITIONAL PAYMENTS
TO OUR ATTORNEY WILL BE MADE BY YOU AS THE FIRST DEPOSIT IS DEPLETED
BY LITIGATION-RELATED EXPENSES IN INCREMENTS OF SUPPLEMENTARY
$10,000 (TEN-THOUSAND DOLLARS) DEPOSITS. IF ANY PART OF THE
DEPOSIT, OR SUPPLEMENTARY DEPOSIT(S), REMAIN UNSPENT UPON COMPLETION OF THE
LITIGATION AND AFTER DEDUCTION OF ALL BILLABLE ACTIVITIES RELATED TO THE LITIGATION, THE REMAINING FUNDS WILL BE RETURNED TO
YOU WITHIN 180 DAYS. YOU FURTHER UNDERSTAND AND FULLY AGREE,
WITHOUT RESERVATION, THAT THE DEPOSIT, AND ANY SUPPLEMENTAL DEPOSIT(S),
WILL NOT BE SEGREGATED IN A SEPARATE ACCOUNT. AT NO TIME WILL
ANY INTEREST ON THE DEPOSIT, OR ANY SUPPLEMENTAL DEPOSIT(S), BE
SUBJECTED TO SEPARATE ACCOUNTING, ACCRUED IN YOUR NAME, PAID TO YOU,
OR ACCOUNTED IN ANY WAY FOR YOUR BENEFIT AT ANY TIME.
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YOU
ALSO FULLY AGREE, WITHOUT RESERVATION, THAT OUR FULL LIABILITY IN
ANY LITIGATION RELATED TO THE CONTENT OF THIS WEBSITE, IN WHOLE OR IN
PART, INCLUDING BUT NOT LIMITED TO THE URL NAMES USED FOR ACCESS TO
OUR WEBSITE, WILL BE LIMITED TO THE SUM OF $1 (ONE DOLLAR).
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YOU
ALSO FULLY AGREE, WITHOUT RESERVATION, THAT ANY LITIGATION INITIATED
BY YOU AS DESCRIBED IN ITEM 17, IS "STRATEGIC
LITIGATION AGAINST PUBLIC PARTICIPATION," COMMONLY KNOWN AS
"SLAPP" LITIGATION. YOU FULLY AGREE, WITHOUT
RESERVATION, THAT YOU WILL BE LIABLE UNDER THE
REMEDIES DEFINED IN FEDERAL AND STATE "ANTI-SLAPP"
LAWS, AND ANY OTHER APPLICABLE LAWS, AS A RESULT OF YOUR "SLAPP"
LITIGATION.
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WE
DO NOT AUTHORIZE READING, VIEWING, USE OR LINKING TO THIS WEBSITE IN
OR FROM ANY JURISDICTION THAT DOES NOT GIVE FULL EFFECT TO ALL
PROVISIONS OF THE TERMS OF USE, CONDITIONS, NOTICES, AND DISCLAIMERS PROVIDED
HEREIN, INCLUDING BUT NOT LIMITED TO ITEM NUMBERS 17, 18, 19, 20 AND
21.
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If any
part of these Terms of Use, Conditions, Notices and Disclaimers are
determined to be invalid or unenforceable pursuant to applicable law,
the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of
our original provision. The remainder of the Terms of Use,
Conditions, Notices, and Disclaimers will continue in effect as though no other
provision, in whole or in part, had been found invalid or unenforceable.
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We may
expand, modify, change, amend, delete, or remove the content of this
website, in whole or in part, at any time of our choosing. We
may also expand, modify, change, amend, delete, or remove the Terms of
Use, Conditions, Notices, and Disclaimers, in whole or in part, at any time
of our choosing.
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YOU
HEREBY FULLY AGREE, WITHOUT RESERVATION, TO COMPLY WITH THE TERMS OF
USE, CONDITIONS, NOTICES AND DISCLAIMERS AS THEY CURRENTLY EXIST AND AS
THEY WILL EXIST IN ANY FUTURE MODIFIED FORM IMMEDIATELY UPON YOUR
REVISIT TO OUR WEBSITE.
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We
reserve any rights not expressly granted herein.
Furthermore,
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This
document (entire website) was
written and posted as an educational & informational resource
and as protected and allowed under:
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This
document (entire website) was
also written and posted as a petition to Local, State and/or Federal
agencies, regulatory organizations, enforcement entities,
legislative bodies and elected officials to:
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Investigate
how the events and conditions discussed on this website, and
other provided sources, could be perpetrated on their
constituents and society,
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Enforce
current homeowner protection and construction regulatory laws,
and
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Author
legislation to provide sorely needed protections for homeowners,
their constituents.
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This
document (entire website) was
written and posted under the protections and remedies provided in:
CONTINUED
READING AND/OR VIEWING OF THE REMAINDER OF OUR WEBSITE CONSTITUTES AND
DEMONSTRATES YOUR FULL AGREEMENT AND WILLINGNESS TO COMPLY, WITHOUT
RESERVATION, WITH ALL LISTED ITEMS AND PARAGRAPHS OF OUR TERMS OF USE, CONDITIONS, NOTICES AND DISCLAIMERS.
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