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KBHOMEOWNER.COM CONTENT STORAGE TERMS OF USAGE Effective on: 6/16/06 PLEASE READ THESE TERMS OF USAGE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USAGE, THEN DO NOT USE THE CONTENT STORAGE FUNCTIONALITY ON THIS SITE. This Agreement (“Agreement”) is between KB Home (“KB Home”) and you (“you” or “Customer”) as an authorized user of kbhomeowner.com services (“Services”), and governs the terms and conditions of your use of the Services. This Agreement, together with any operating rules, policies, or other supplemental documents expressly incorporated herein by reference and published from time to time by KB Home (collectively, the "Agreement"), constitutes the entire agreement between KB Home and you regarding the Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. LIMITATION OF LIABILITY KB Home assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the content on this Site or data stored on this Site by you (collectively, “Content”). While KB Home strives to keep Content on this Site updated, accurate and complete, KB Home will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content. Despite the efforts of KB Home to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. KB Home assumes no responsibility or liability for any actions taken as a result of using this Site, or for errors or omissions in the Content on this server. DISCLAIMER OF WARRANTIES THIS SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KB Home DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KB Home DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. KB Home DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KB Home SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGE, NOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF: (A) THE USE OF, OR INABILITY TO USE, THIS SITE OR CONTENT FOUND IN THIS SITE, (B) ANY CONTENT, TEXT, IMAGES OR OTHER MATERIALS YOU MAY STORE ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY IMAGES OF YOUR HOME, PROPERTY, FAMILY, INSURANCE, WARRANTY OR OTHER DOCUMENTATION, OR (C) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF KB Home HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KB Home OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. KB Home is not responsible for any matter beyond its reasonable control, including, without limitation, unauthorized access to your information or Content and/or functions provided or performed by third parties. In the event that KB Home is served a subpoena or is otherwise legally compelled to provide access to your stored information, KB Home will comply with all laws and regulations in response to subpoenas. USER ACCOUNTS AND CONDUCT KB Home provides the Service as an accommodation to you, and reserves the right to terminate your Service at anytime without notice. The Service and all software associated with it is for PERSONAL, NON-COMMERCIAL USE ONLY, AND EACH CUSTOMER IS LIMITED TO ONE ACCOUNT. A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with KB Home. To open a user account, you must complete the registration process by providing KB Home with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should KB Home suspect that such information is untrue, inaccurate, not current or incomplete, KB Home has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. You are responsible for maintaining the confidentiality of usernames and passwords associated with your account. You agree to immediately notify KB Home of any known or suspected unauthorized use of your account or other information stored on the host server, or any other breach of security. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. KB Home has no obligation to monitor the Service and/or Content or any Customer's use thereof or retain the Content of any user session. However, KB Home reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. RESTRICTIONS You will not attempt to gain access to KB Home’s private system areas or to other areas to which you are not expressly permitted access and you shall not reverse engineer or attempt to reverse engineer any portion of KB Home’s service. You agree that KB Home may terminate: this Site, any of the services provided in this Site and your access to the Site at anytime without liability and without notice, and that KB Home has the absolute right to automatically delete any material at anytime without notice. Unauthorized use of the Service, or the resale of the Services is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party. You agree that you will not use this Site to store any Content, text, images or other materials that: (i) are pornographic, vulgar or obscene, (ii) invade another's privacy or otherwise is objectionable material of any kind or nature or which is harmful to minors in any way, (iii) infringe the copyright, trademark, right of publicity or other intellectual property rights of any third party, (iv) constitute a defamation, libel or slander against any third party or is unlawful, harassing, abusive, tortious, threatening or harmful in any way, (v) constitute any unfair or deceptive trade practices, (vi) contain defects, viruses, worms, Trojan horses, web bugs, time bombs, “spyware,” trap doors, hidden sequences, Easter eggs, cancelbots, hot keys, shut-off timers, remote control or monitoring devices, or other similar malicious, harmful or deleterious programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, Content or personal information or other harmful or invasive code or components viruses or (vii) promotes bigotry, racism, hatred or harm against any individual or group. You agree that in no circumstances will copyrighted materials (for example, copyrighted music files) be uploaded and/or shared through the Service. KB Home retains the right to terminate an account that contains copyrighted music or other copyrighted material that has not been legally obtained. In addition, KB Home does not permit sharing copy-protected works including copyrighted music files. TERMINATION KB Home, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Content within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to KB Home at any time. Upon termination of an account, your right to use such account and the Service immediately ceases. KB Home shall have no obligation to maintain any Content stored in your account or to forward any Content to you or any third party. INDEMNIFICATION You shall indemnify and hold KB Home and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement. MODIFICATION TO TERMS KB Home reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. GENERAL This Agreement will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Los Angeles, California. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and KB Home as a result of this agreement or use of the Service. The failure of KB Home to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KB Home in writing. KB Home has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and KB Home and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. PLEASE READ THESE TERMS OF USAGE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USAGE, THEN DO NOT USE THE CONTENT STORAGE FUNCTIONALITY ON THIS SITE.

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