TERMS OF USE AND PRIVACY POLICY
This is the web site (“Site”) of Miramont Management Company, L.L.C. (d/b/a Miramont Country Club), Miramont Country Club Properties, L.P., and Adam Development Properties, L.P. (d/b/a Miramont and Miramont Development Properties and their affiliates (together referred to as "Miramont"). We would like to thank you for visiting our Site, and for your interest in our master-planned residential community and private country club development. Please review our Terms of Use and Privacy Policy so that you can understand the terms and conditions under which we have made this Site available to you and how information that we receive about you is used.

Terms of Use
ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.
MIRAMONT RESERVES THE RIGHT TO REVISE, AMEND OR MODIFY THESE TERMS OF USE AT ANY TIME AND IN ANY MANNER BY UPDATING THIS POSTING. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you.

No Offer or Solicitation
Void Where Prohibited by Law. This is not an offer or solicitation of an offer where prohibited by law. This Site does not constitute an offer to sell or a solicitation of an offer to buy real property or club memberships. The materials provided at this Site are strictly for informational purposes as a service to Internet users and shall not be construed as an offer or solicitation in any jurisdictions where prior registration or other advance qualification is required.

Liability Disclaimer
The information presented at this Site has been compiled by Miramont from internal and external sources. While Miramont makes reasonable efforts to update this Site periodically and to keep the information on this Site current and accurate, no representation or warranty is made as to the completeness or accuracy of such information. In particular, you should be aware that this information may be incomplete, may contain errors or may be out of date. All prices, plans, designs, dimensions, specifications, materials and other depictions, as well as the number, type, size, location, appearance and availability of lots, homes, facilities and amenities, are subject to change without notice. Illustrations are artists’ depictions only and may differ from completed improvements. Depicted sizes are approximate. Any improvements labeled "proposed" or "planned" or "future developments" are in formative stages and there is no guarantee that they will be completed or developed in accordance with any plans or specifications, if at all. Certain neighborhood or project amenities may not be complete and completion is neither warranted nor guaranteed. You should therefore contact Miramont to verify information obtained from this Site before you act upon it. NEITHER MIRAMONT NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, EMPLOYEES OR AGENTS (“MIRAMONT PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OR INJURY (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, RESULTING OR ARISING IN ANY WAY FROM YOUR ACCESS TO OR USE OF THIS SITE, FROM YOUR INABILITY TO ACCESS THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THIS SITE, AND YOU HEREBY RELEASE, INDEMNIFY, DEFEND AND HOLD THE MIRAMONT PARTIES HARMLESS FROM AND AGAINST ALL SUCH DAMAGES OR INJURY.

Personal and Noncommercial Use Limitation: Prohibited Uses
You may access, download and print materials on this Site solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by Miramont, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

No Unlawful or Prohibited Use
As a condition of your use of this Site, you agree that you will not use this Site or any information contained herein for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will not violate or attempt to violate the security of this Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "spamming", "mailbombing", or "crashing".

If you violate any of these Terms of Use, your permission to use this Site automatically terminates, and you will be solely liable for any lawsuits, claims, proceeding, actions, harm and other liability, or any damages, losses, expenses, fees, judgments, awards, penalties, settlement amounts, fines or other costs resulting from your misuse of this Site. Violations of system or network security may result in civil or criminal liability. Miramont may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

Links to Third Party Sites
This Site may contain links to third party web sites ("Linked Sites"). Miramont is providing these links to you only as a convenience, and the inclusion of any link does not indicate or imply approval, sponsorship, endorsement, association, or affiliation by Miramont with any Linked Site, its contents or any its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posed at the Linked Sites. The Linked Sites are not under the control of Miramont and Miramont is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Miramont is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Miramont responsible if the Linked Site is not working properly. Miramont makes no representation or warranty regarding any Linked Site or any information, software or other products or materials found at any Linked Site, or any results that may be obtained from using any Linked Site. If you decide to access any Linked Site, you do so entirely at your own risk. YOU MAY NOT CREATE OR ESTABLISH ANY LINK BETWEEN YOUR OWN OR A THIRD-PARTY WEB SITE AND THIS SITE WITHOUT PRIOR WRITTEN AUTHORIZATION FROM MIRAMONT.

Changes to Site and Terms of Use
Miramont reserves the right to change, modify, alter or revise any of these Terms of Use, or any of the information contained on this Site, without further notice or obligation to you. By using this Site, you agree to be bound by any such changes, modifications, alterations, or revisions. You should periodically review these Terms of Use, so that you may be aware of any changes or revisions. Failure to do so will not relieve you of the obligation to be bound by changes and revisions to these Terms of Use.

Trademarks and Copyrights
Miramont Management Company, L.L.C., Miramont Country Club Properties, L.P., Adam Development Properties, L.P., Miramont Development Properties, Miramont Country Club, and Miramont names and designs (the "Marks") are service marks and trademarks owned by Miramont. You agree not to display or use the Marks in any manner without the prior written permission of Miramont. All other trademarks are the property of their respective owners.

All materials on this Site (as well as the organization and layout of this Site) are protected by worldwide copyright laws and treaty provisions, whether or not a copyright notice is present on the materials. You agree to comply with these laws. All rights are reserved, and no reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the express, written permission of Miramont or the respective owner. Accessing, downloading or printing information from this Site as permitted herein does not transfer any right, title or interest in the accessed, downloaded or printed material, and Miramont or the respective owner retains all intellectual property rights therein.



Member Account, Password, and Security
If you have an account on this Site you must provide us with current, complete and accurate information. You will have a password and a user name. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur under your account and ensuring that you exit or log-off at the end of each session of use. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. The Miramont Parties will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held responsible for losses incurred by Miramont or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. Although Miramont will take what it considers to be reasonable and customary security precautions and measures to safeguard your account information, we cannot and do not guarantee the effectiveness of our security measures or the safety of your account information sent to or from this Site over the Internet.



Use of Services
This Site may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
  • Use the Communication Service in connection with surveys, contests, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such message.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations of labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of this Site or other usage information or any portion thereof.
Miramont has no obligation to monitor the Communication Services. However, Miramont reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Miramont reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Miramont reserves the right at all times to disclose any information as Miramont deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Miramont’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. Miramont does not control or endorse the content, messages or information found in any Communication Service and, therefore, Miramont specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

Materials Provided to Miramont or Posted at this Site
Miramont does not claim ownership nor claim the materials you provide to Miramont (including feedback and suggestions) or post, upload, input or submit to this Site or its associated services for review (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you thereby grant to Miramont the right to use such Submission and the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission. Miramont is under no obligation to post or use any Submission you may provide and Miramont may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Miramont shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

Use of Club Facilities
Miramont Country Club is a private club, and is not part of the common areas of the Miramont residential development. Any rights to utilize the facilities of Miramont Country Club are only obtained solely through membership in Miramont Country Club. Membership in Miramont Country Club shall be subject to Miramont Country Club’s application and approval procedures and is by invitation only. Purchase of a homesite within the Miramont residential development does not guarantee that the purchaser of such homesite will be invited to become a member of Miramont Country Club, or if an invitation is so extended, that such purchaser will be admitted as a member of Miramont Country Club.

General
The use of this Site, including all rights and obligations arising under these Terms of Use, is governed in accordance with the laws of the State of Texas, United States of America, regardless of any conflict of law provisions. If you use this Site from other locations, you are responsible for compliance with any and all applicable state, local, federal or international laws. Any dispute arising under these Terms of Use will be resolved exclusively by the State and Federal courts of Brazos County, Texas, United States of America, having appropriate jurisdiction.

PRIVACY POLICY
Safeguarding your privacy is important to us. We have structured this Site so that, in general, you can visit this Site without identifying yourself or revealing any personal information. If you choose to provide us with personally identifiable information (any information by which you can be identified), it will be treated confidentially and used only in accordance with this Privacy Policy. This Privacy Policy explains what information we may collect about you and how that information may be used.

Normal Use – For each visitor to this Site, our server automatically recognizes, collects and stores typical web server log data. This type of information includes such things as your IP or "Internet Protocol" address, the name of your internet service provider, the site that referred you to us, pages that you requested, and the time and date of those requests. This information helps us serve you by allowing us to understand how visitors use this Site.

Cookies – This Site may utilize a technology called "cookies," small files stored by your browser to help keep track of your user profile. Our cookies will not collect personally identifiable information, nor will we share them with anyone. We may use cookies to remember your personal profile for your convenience, or to deliver content specific to your needs and interests. We may also use cookies to track user trends and improve areas of this Site that our users find valuable. Your browser probably has options that will let you control whether the browser accepts cookies, rejects cookies, or notifies you each time a cookie is sent to you. If your browser is set to accept cookies, any cookies that are sent to your browser are stored on your computer for a period of time. A session cookie is placed only in your computer’s working memory (RAM) and only lasts for your browsing session. They are removed when you close all browser windows or when you shut down your computer. A permanent cookie is stored on your computer’s hard drive until either (i) they expire according to a prescribed date, (ii) they are overwritten with newer cookies, or (iii) you manually remove them.

Ads – We may use outside companies to display advertising on this Site. These ads may place cookies on your computer. We do not have control over these cookies and will not have access to this information.

Registration and Information Requests – In order to access certain secured areas of this Site, this Site may include registration forms that require users to give us personally identifiably contact information (like your name), unique identifiers (such as your address or email address), and demographic information (like your Zip code or age). We use this information as verification so that you may have access to certain secured areas of this Site.

This Site may also include forms for submitting on-line requests for information, such as information related to residential lot sales, country club membership, golf and tennis outings, hosting a private/special event, or making a dinner reservation. In connection with submitting an on-line request, you may be asked to provide personally identifiably contact information, unique identifiers, and demographic information. We may use this information to communicate with you regarding your request, such as to notify you of an event quote, a tee time, a dining reservation confirmation, or upcoming events.

We also use contact information from registration and request forms to send you information related to our products and services. In particular, if you provide us with your mailing address, email address, facsimile or telephone number online you may receive periodic communications (such as mailings, phone calls or emails) from Miramont with information about us and upcoming events. Users who choose to provide personal information through this Site are hereby agreeing to receive such communications. Users have the opportunity to opt-out of receiving these communications from us by sending a request by email to the contact for this Site listed below.

Email Services – If you take advantage of any email notification features on this Site, you will receive email updates as described in the service. Users have the opportunity to opt-out of receiving these communications from us, and can remove their personal information from the database of this Site by sending a request by email to the contact for this Site listed below.

Your Security – We are committed to ensuring the security of your information. To prevent unauthorized access, maintain data integrity, and ensure the proper use of information, we have implemented appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Third Party Service Providers – Some of the services available through this Site may be provided by third parties that have their own privacy policies that may be different than ours. You should review the privacy policy of such third parties before providing your personal information to them.

Outside Links – While at this Site, you may be led to other web sites through links. Be aware that other sites may collect data and personal information and operate according to their own privacy practices. Please remember that, once outside of this Site, any information you submit is outside of our control.

Disclosure – Miramont will not sell, rent, or lease your personally identifiable information to others. Unless we have your permission or are required by law, we will only share the personal data you provide online with our affiliates and/or business partners who are acting on our behalf to complete the activities described in this Privacy Policy. When you indicate that you want to receive information about a product or service, or contact a person or organization, we share the personal information needed for you to receive what you have indicated. Occasionally, we hire consultants or outside companies that may need access to our database to perform their services for us. We require that these consultants agree not to use any such information that they may receive access to for any purpose unrelated to their services to us.

Miramont may disclose your personally identifiable information if required to do so by law or in the good faith belief that it is necessary to (1) conform to the requirements of the law or comply with governmental orders, court orders, or legal process; or (2) protect and defend the property or rights of Miramont or the users of this Site.



Policy Changes – It may be necessary from time to time for us to modify this Privacy Policy to reflect changes in the way we collect and use information or changes in privacy-related laws, regulations, and industry standards. Accordingly, we reserve the right to change this Privacy Policy at our discretion at any time, without notice to you, by posting the revised Privacy Policy on this Site. Information will be handled according to the Privacy Policy in effect at the time the information is used. Your continued use of this Site following the posting of the revised Privacy Policy will indicate your acceptance of the revised Privacy Policy. This Privacy Policy does not extend to any information that is inherent in the operation of the Internet, and therefore beyond the control of Miramont, and is not to be applied in any manner contrary to applicable law or governmental regulation.

Contacting Us – If at any time you have questions about our Privacy Policy, the practices of this Site, or your dealings with this Site, please email us at sales@miramont.cc and we will make every effort to respond to your inquiry as soon as possible.

Copyright Statement
Copyright © 2003-2008 Miramont Management Company, L.L.C., Miramont Country Club Properties, L.P., Adam Development Properties, L.P. or their affiliates. All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, logos, pictures, sound and other files and the selection and arrangement thereof are copyrighted, ALL RIGHTS RESERVED, by Miramont Management Company, L.L.C., Miramont Country Club Properties, L.P., Adam Development Properties, L.P. or their affiliates and are protected by United States and international copyright laws. Except as stated herein, none of the contents of this Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without prior written permission. Permission is granted to display, copy, distribute, and download materials on this Site for personal, non-commercial, and informational use only.


BACK TO TOP