THESE TERMS OF USE CONTAIN IMPORTANT DISCLAIMERS THAT YOU SHOULD READ.

The following provisions set forth the Terms of Use for this website (this “Website”).  This Website is owned or operated by ZAPATA (who together with its affiliates, ZIP Investments LLC., E ZAPATA LLC., ZAPATA Land LLC, ZAPATA Homes, ZAPATA Construction and Development Company, ZAPATA Residential Development Company are collectively referred to herein as "ZAPATA," ZAPATA Homes”, ZAPATA Construction”, "we" or "us").  You may contact us at ZAPATA Construction, Attn: Chief Legal Officer, P.O. Box 4289, McAllen, TX 78502.  By accessing or using this Website, you signify your acceptance of the provisions of this Terms of Use and other terms on this Website.

1.- OWNERSHIP AND USE OF CONTENT.

This Website and its contents are owned or operated by ZAPATA or used under license from others with all rights reserved.  The reproduction, re-creation, retransmission or other use of any of the material on this Website, whether text, visual image, audio, video, or computer software, or the posting or framing on other websites without the express prior written permission of ZAPATA Companies is expressly prohibited; provided, however, that you may print in hard copy portions of this Website for your personal home buying purposes.

Unless required otherwise by law, ZAPATA will treat all information that you share with us whether shared online, obtained by ZAPATA from you in person or derived by us as a result of your visit to or use of our Website as non-confidential and non-proprietary.  You agree and acknowledge that ZAPATA shall be granted an unlimited, non-exclusive, world-wide, non-revocable, perpetual license to use, reproduce, duplicate, transmit, display, publish, create derivative works, sublicense and perform any such information for any purpose whatsoever including marketing and you agree to hold us harmless with respect thereto.

2.- EQUAL HOUSING OPPORTUNITY.

ZAPATA Homes is pledged to equal housing opportunity and provides housing without discrimination or other limitation based on race, color, religion, sex, handicap, familial status or national origin.

All real estate information provided herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination." Your state or local jurisdiction may impose additional requirements. ZAPATA Homes is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. ZAPATA Homes encourages and supports 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. All dwellings within the United States advertised by ZAPATA Homes and its affiliated entities are available on an equal opportunity basis.

3.- Equal Opportunity Employer

ZAPATA Homes is an equal opportunity employer, and considers all applicants without regard to race, color, sex, religion, disability, marital status, age, national origin, or any other legally protected status.

4.- HOME AND COMMUNITY INFORMATION ON THIS WEBSITE.

Home and community information, including pricing, features, terms, availability and amenities, are subject to change and prior sale at any time without notice or obligation.  Drawings, pictures, photographs, video, square footages, floor plans, elevations, features, colors and sizes are approximate for illustration purposes only and will vary from the homes as built.  Images do not reflect a racial or ethnic preference.  Home prices refer to the base price of the house and do not include options or premiums, unless otherwise indicated for a specific home.  Nothing on our Website should be construed as legal, accounting or tax advice.  Incentives and seller contributions may require the use of certain lenders or title companies, some of which may be affiliates of ZAPATA Homes, and could affect your loan amount.  Not all people will qualify for all offers.  Promotional offers are typically limited to specific homes and communities and are subject to terms and conditions.  Please consult a ZAPATA sales agent and review a home sales contract for additional information, disclosures and disclaimers.

a).- Floor Plans

Plans and elevations are artist's renderings only, may not accurately represent the actual condition of a home as constructed, and may contain options which are not standard on all models. We reserve the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home's precise or actual size. Any statement, verbal or written, regarding "under air" or "finished area" or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage or bay sizes may vary from home to home and may not accommodate all vehicles.

b).- Specifications, Prices, Terms, Renderings and Other Information

Although every effort has been made to ensure that the prices and terms contained herein are accurate and current, at any time such prices and terms are subject to change, prior sale, selected lot premiums and/or predetermined options. Prices shown refer to the base house and do not include any optional features. Photos and/or drawings of homes show upgraded landscaping and may not represent the lowest-priced homes in the community.

ZAPATA Homes reserves the right to make changes to its home designs and to build more or fewer homes than currently planned. Community description and amenities are developer's current plans, are not guaranteed, and may change without notice. All renderings and floor plans in these materials are artists' conceptual drawings and will vary from the actual plans and homes as built. Square footage numbers are approximate and may vary depending on the standard measurement used.

ZAPATA Homes cannot control future development and does not guarantee the preservation of any view or the natural environment surrounding its communities. Views vary significantly by lot location and may be affected by future development. ZAPATA Homes does not guarantee that any communities with guard gates will be guarded in perpetuity or that the gate will provide additional security or protection for residents. Promotional programs are typically available only on select lots at select communities, and typically are not available in conjunction with other offers. Please consult a ZAPATA Homes Sales Representative for specific price or other information for each community.

Any photographs or renderings of people in these materials do not depict racial preference. Models/lifestyle and photos do not reflect racial or ethnic preference.

c).- Site Plan / Community Map Disclaimer

Site plans, community maps, aerial photos, community photos and/or computer generated or enhanced depictions of communities (collectively “Illustrations”) may be posted on this site for illustration purposes only. All site plans, community maps and computer generated or enhanced depictions shown are conceptual in nature and are merely an artist's rendition, and may not accurately represent the actual condition of the item being represented. All photos/videos shown depict the community or home as of the date taken. All Illustrations are solely for illustrative purposes and should never be relied upon. THE PAST, PRESENT, FUTURE OR PROPOSED ROADS, EASEMENTS, LAND USES, CONDITIONS, PLAT MAPS, LOT SIZES OR LAYOUTS, ZONING, UTILITIES, DRAINAGE, LAND CONDITIONS, OR DEVELOPMENT OF ANY TYPE WHATSOEVER, WHETHER REFLECTED ON THE ILLUSTRATIONS, OR WHETHER INSIDE OR OUTSIDE THE BOUNDARIES OF THE ILLUSTRATIONS, MAY NOT BE SHOWN OR MAY BE INCOMPLETE OR INACCURATE. THE PRESENT, FUTURE OR PROPOSED ROADS, EASEMENTS, LAND USES, CONDITIONS, PLAT MAPS, LOT SIZES OR LAYOUTS, ZONING, DRAINAGE, LAND CONDITIONS, OR DEVELOPMENT OF ANY TYPE MAY OR MAY NOT CHANGE IN THE FUTURE. IT IS NOT UNCOMMON THAT ANY OF THE FOREGOING CAN CHANGE WITHOUT NOTICE TO YOU. YOU SHOULD NEVER RELY ON THE ACCURACY OF THE FOREGOING OR THE ILLUSTRATIONS IN MAKING ANY DECISIONS RELATIVE TO PURCHASING ANY PROPERTY.

ZAPATA Homes reserves the right to make changes to any of the foregoing at any time, without notice.

Before you visit a ZAPATA community ("Community"), it is recommended that you contact the Community's sales office to confirm current product availability and pricing. You should also refer to the form of the sales contract and related materials, such as homeowner association documents, disclosure statements, assessment and fee obligations, design guideline restrictions, surrounding land uses and zoning, proposed development plans, etc. for important information concerning the Community in which you are interested and the homes and properties offered by ZAPATA through its affiliates and subsidiaries (collectively, "ZAPATA").

Maps and site plans on this website are not to scale and represent an artist's depiction of the existing and/or planned elements of the current proposed development concepts for ZAPATA Communities. Artist's renderings, photos, floor plans, site plans, features, prices, assessments and fees, current product availability, specifications, programs and planned amenities continue to evolve, are provided for information purposes only and are based on current proposed community development plans that are subject to change without notice and represent no commitment on the part of ZAPATA in the future. All dimensions and specifications (including square footages and distances) are approximate. Use of certain recreational amenities or participation in certain activities may be subject to additional fees and availability. Further, no guarantee is made that the facilities and features depicted within a certain ZAPATA Community will be constructed, or that if constructed, the number, type, size and location will be as depicted. Photos and renderings may show upgraded features and landscaping and may not represent the base price house in any neighborhood within a ZAPATA Community. ZAPATA Homes does not own or control the land outside the boundaries of any community where ZAPATA Homes is building and does not guarantee the current or future uses thereof. School district boundaries and plans for new schools frequently change and are outside of ZAPATA's control. School, utility and governmental information should be verified with the appropriate agency or utility supplier. For further details, please refer to the purchase agreement and disclosure documentation provided in connection with the offer for sale at a particular community.

Land Sales

Any consumer interested in purchasing a residential home-site must make a personal visit to the home-site prior to purchase.

d).- Zoning

The zoning and land use designations for any community where ZAPATA Homes builds is subject to change from time to time. Each Buyer is strongly advised to investigate and determinate for his, her or their own account if the zoning and land use designations for any ZAPATA community of interest and other real properties in the vicinity of such ZAPATA community are compatible with such buyer's occupancy, use and enjoyment of the lot and residential dwelling purchased by such buyer. Neither any unaffiliated Master Developer or Builder nor ZAPATA (including any of their respective agents, employees, or affiliates), has made any representation concerning the timing, location, configuration or existence of any non-residential use on or about any ZAPATA community. The total number of residential units within the ZAPATA subdivision or within the Master Community overall may increase or decrease from the current plan, depending upon market conditions or other conditions, including acquisition of additional property. Plans for common areas surrounding residential areas may be affected by such changes. Many communities may be developed over a period of many years and include a variety of unit types, including single-family, mix use, live/work neighborhoods, condominium regimes, apartments, high-rises, commercial and, in limited instances, industrial components.

e).- Substitutions

Substitutions - The specific features in a home may vary from home to home and from one community to another. We reserve the right to substitute equipment, materials, appliances and brand names with items that have, in our sole opinion, equal or higher value. Color and size variations will occur.

f).- Completion Date

Unless otherwise noted in your purchase agreement, ZAPATA is required to complete, and does agree to complete, the construction of your home within a period of two (2) years from the Effective Date of your purchase agreement. If construction is delayed by events constituting acts of God, or events causing impossibility of performance or frustration of purpose, the date of completion shall be extended by the delay period. It is expressly intended that your and ZAPATA’s rights and obligations under your purchase agreement be construed in the manner necessary to exempt your purchase agreement and the sale of your home from registration under the Interstate Land Sales Full Disclosure Act, and both you and ZAPATA expressly waive any right or provision of the purchase agreement that would otherwise preclude such exemption.

5.- NOT AN OFFERING TO SELL REAL PROPERTY

Void Where Prohibited by Law. This Website and the related links do not constitute an offer to sell real property. This information does not constitute an offer to sell real property, and is not intended as a solicitation of users residing in cities where ZAPATA Homes and its affiliates are not authorized to conduct business. This information is for informational purposes only, and does not constitute a warranty of any product or service provided by ZAPATA Homes.

Offers to sell property may only be made and accepted at the sales center at the individual communities of ZAPATA Homes or our subsidiaries. The materials provided at this site are strictly for information purpose as a service to Internet users and shall not be construed as an offer in any jurisdictions where prior registration or other advance qualification of real property is required.

6.- NOT OFFERING ANY FINANCIAL ADVICE

The information provided in the pages of this Website is not intended to provide specific financial, tax, legal or accounting advice. "Online mortgage calculators" are for illustrative purposes only and do not represent a loan offer or terms from ZAPATA Homes, any Lender Institution or Mortgage Corporation.

The content and information presented on the website is for informational and promotional purposes only and is not intended to offer specific tax, investment or legal advice of any kind. References to tax and other laws are intended to convey the gist of general rules only and do not describe the various exceptions, limitations and rules for special situations that frequently accompany such general rules.

ALL USERS ARE EXPRESSLY ADVISED TO CONSULT WITH THEIR OWN TAX, INVESTMENT AND/OR LEGAL PROFESSIONALS BEFORE MAKING ANY PURCHASE OR INVESTMENT DECISIONS. BY USING THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THE WEBSITE TO MAKE ANY INVESTMENT OR PURCHASE DECISION.

No statement contained on this website or on any website featuring a particular project offered by ZAPATA, its subsidiaries or affiliates should be construed as investment advice. Prospective purchasers are urged to seek expert investment, legal or other advice prior to entering into any purchase or investment agreement.

7.- OFFERS / INCENTIVES

All special offers, incentives and seller contributions (“offers”) are subject to certain terms, conditions and restrictions, which may include the use of designated lenders and closing agents. Certain offers could affect the loan amount. Offers are good for a limited time only and ZAPATA reserves the right to change or withdraw any offer at any time, without notice. Values on offers are approximate. Offers are void where prohibited by law and in states where prior registration is required.

Incentives and seller contributions may require the use of certain lenders or title companies

8.- PRICING

All prices are subject to change without notice. While ZAPATA uses reasonable efforts to include accurate and up to date information in this website, ZAPATA makes no warranties or representations as to its accuracy. ZAPATA assumes no liability or responsibility for any errors or omissions in the content of this website. All information must be verified at the particular community from which the information is desired.

9.- PRESS RELEASES.

The information contained within press releases issued by ZAPATA should not be deemed accurate or current except as of the date the release was posted. ZAPATA has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

10.- COOKIES AND OTHER TRACKING DEVICES

We may use cookies and other tracking devices on our websites. Using cookies on our sites provides benefits to you, such as allowing you to maintain your account login information between visits. The use of cookies also allows us to measure site activity to provide a better user experience. Cookies and other tracking devices may be used to tell us the time and length of your visit, the pages you look at on our site, the site you visited just before coming to ours, and the name of your Internet service provider. We may use third parties to serve our advertisements on other websites. In serving our advertisements, these companies may use cookies and other tracking devices to collect certain information about your visits to other websites (such as browser type, IP address, which page was visited, and time of day). This information may be used to evaluate our online advertising campaigns or to tailor promotions and other marketing messages to you. You may elect to refuse cookies. Please refer to your browser Help instructions to learn more about cookies and how to manage their use.

11.- Real Estate Agency Disclosure

The sales associates located at each community or home at ZAPATA Homes exclusively represent the affiliated ZAPATA Homes selling entity in connection with any new home purchase transaction and do not represent or purport to represent any prospective buyer.

12.- Promotional Programs/Broker Fees

Promotional programs are typically available only on select lots at select neighborhoods for a limited time period, and are not available in conjunction with other offers. Please see a Sales Associate at the respective community of interest for current programs and restrictions. Payment of any real estate broker fee will be subject to certain conditions set forth in the current Co-broke Agreement offered by the respective Seller of the home and will be paid in accordance with the applicable community's state, as well as federal, regulatory requirements.

Payment of any Broker Co-Op fee will be subject to certain conditions including, but not limited to, completion of a registration card evidencing that the buyer was accompanied by the broker on the first visit to the home.

13.- REALTOR®

Use of the Term REALTOR® on this website and/or in any ZAPATA Marketing Materials: REALTOR® is a federally registered collective membership mark which identifies a real estate professional who is a Member of the NATIONAL ASSOCIATION OF REALTORS® and subscribes to its strict Code of Ethics.

14.- TRADEMARKS AND SERVICE MARKS

ZAPATA Homes, the ZAPATA logo, and the products and services described in this website, are either trademarks, service marks, registered or unregistered trademarks of ZAPATA and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ZAPATA or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ZAPATA, may not be copied, imitated, or used, in whole or in part, without the prior written permission of ZAPATA. All other trademarks, registered trademarks, product names and ZAPATA names or logos mentioned herein are the property of their respective owners.

15.- CLAIMS OF COPYRIGHT INFRINGEMENT.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe in good faith that materials on our Website infringe their rights.  If you believe that materials on our website infringe your copyright, you or your agent may send us a notice requesting that we remove or block the material.  Notices must meet the requirements of the DMCA.  Notices may be sent to us at: ZAPATA Homes, Attn: Chief Legal Officer, P.O. Box 4289, McAllen, TX 78502.  There are penalties for false claims under the DMCA.

16.- INFORMATION FROM CHILDREN.

Our Website contains general information not directed towards children.  We do not knowingly collect information from children under the age of 13.  Children under the age of 13 should not use this website, and we encourage parents to supervise their children while online.

To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, we do not knowingly provide products or services to children under the age of 13. The Website is a general audience site that is not designed nor intended to collect personal information from children under the age of 13. If you are under 13 years old, you should not request any information nor provide any Personal Information to the Website.

17. - THIRD PARTY WEBSITES.

While on the website, you may be referred to websites other than the ZAPATA’s website. A link from the website to such a third party website does not imply endorsement of that site nor any ability to control that site's privacy practices. The ZAPATA Company has not reviewed or endorsed any third party website, and you hereby acknowledge and agree that the ZAPATA Company shall not be responsible for the content, products or services offered on such websites. Be aware that third party websites may collect data and personal information and operate according to their own privacy practices. Therefore, you should carefully review the privacy policies of third party websites before submitting any personal information to them. You are responsible for compliance with all laws regarding material obtained from any third party websites. You hereby acknowledge and agree that ZAPATA shall not be responsible for the content, products or services offered or the privacy practices of such other websites.  Please visit those sites to review their privacy policies.

18.- LIMITATION OF LIABILITY, INDEMNITY AND DISCLAIMER.

ZAPATA endeavors to keep the information on this Website current and up to date.  However, some of the information on this Website may be inaccurate or incomplete, or may contain typographical errors.  ZAPATA has no obligation to update this Website.  ZAPATA does not warrant that the content of this Website is error free or that its service in providing this Website will be uninterrupted.  Your use of this Website is at your own risk.  Your sole and exclusive remedy for issues relating to the content on this Website or its use shall be to discontinue accessing the Website and using the information or material obtained. The user and ZAPATA agree that ZAPATA shall not be liable for any damages relating to the use of, or reliance upon, the content of this Website, including without limitation damage to your computer equipment or other property from downloading material from this Website.

You agree to indemnify, defend and hold harmless ZAPATA for any and all unauthorized uses you make of the Website.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE ZAPATA, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, AND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), RELATED DIRECTLY OR INDIRECTLY TO, OR ARISING FROM, YOUR ACCESS TO THIS WEBSITE OR THE USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  

19.- LAW AND JURISDICTION.

These Terms of Use shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Texas, except to the extent they are superseded or preempted by the laws of the United States or other jurisdictions.  If any provision of these Terms of Use shall be determined to be invalid, unlawful, void or otherwise not enforceable, the parties agree that the validity or enforceability of the remaining provisions of these Terms of Use shall remain in full force and effect.  By accessing this Website, or using information on this Website, you submit to the exclusive jurisdiction of the state courts in Hidalgo County, Texas to resolve disputes of any kind arising out of your reliance on the information on this Website, or any interaction with ZAPATA involving this Website.  Any claim you have with respect to this Website must be brought within one year after the claim arises. 

20.- SUCCESSORS AND TERMINATION.

These Terms of Use shall be binding upon and inure to the benefit of ZAPATA and you and its and your respective heirs, representatives, successors and assigns.  These Terms of Use shall remain in force and effect until terminated by ZAPATA.  In the event of termination of these Terms of Use, restrictions imposed upon you by these Terms of Use, including all disclaimers, waivers, releases and limitations of liability, shall survive.

21.- VOID WHERE PROHIBITED.

This Website is accessible by users throughout the World.  ZAPATA products, services and offers may not be available in your state or community.  The information on this Website is not an offer of products or services where ZAPATA is not doing business or where prohibited by law.

22.- CHANGES TO TERMS OF USE.

ZAPATA reserves the right to change its Terms of Use from time to time without advance notice to you.  ZAPATA will notify you of changes to its Terms of Use by updating its Terms of Use on this Website and providing a notice on this Website of the date on which the update was made.

23.- YOUR PRIVACY RIGHTS.

To view our Privacy Policy, please go to Privacy Policy.

24.- EFFECTIVE DATE.

These Terms of Use are effective October 15, 2010 

25.- Copyright

Copyright © 2010 ZAPATA Homes USA, Inc. All rights reserved. The information and material provided on this web site is provided as a service to the public and are to be used for personal information purposes only. No content from this web site may be copied, uploaded, posted, transmitted, distributed, or reproduced in any way, except that user, subject to any express restrictions relating to specific content, may display, download or print portions of the content solely for user’s own non-commercial use. User agrees not to alter or delete any proprietary notices from content downloaded from the web site.