Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website located at nextgenerationcapital.us (the “Site”) and any related communications, forms, tour requests, or text messages provided by Next Generation Capital, LLC (“NGC,” “we,” “us,” or “our”). By using the Site, submitting a form, or exchanging messages with us, you agree to these Terms. If you do not agree, please do not use the Site.

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to use the Site and to request tours, brokerage services, or purchases. By using the Site you represent that you meet these requirements.

2. Content is informational — not an offer

All content on the Site — including community descriptions, floor plans, elevations, site maps, availability, features, and pricing — is provided for informational purposes only. It is not an offer to sell real estate, a solicitation to buy, or a warranty of any kind. No statement on the Site creates a binding agreement. Any purchase of a home is governed exclusively by a fully executed written purchase agreement between you and NGC (or the applicable seller entity) and its escrow instructions.

3. Pricing, plans, and availability

Prices, floor plans, elevations, options, features, incentives, standards, homesites, community amenities, and construction schedules shown on the Site are subject to change without notice. Homes and homesites are subject to prior sale. Pricing shown is base pricing for the plan and does not include options, upgrades, lot premiums, community-specific fees, HOA dues, taxes, or closing costs unless expressly stated. All square footages and dimensions are approximate.

4. Renderings, images, and floor plans

Renderings, photographs, and virtual tours are artist’s conceptions provided for illustration only and may show optional features or upgrades that are not standard. Actual homes as built may vary in color, material, finish, and detail. Floor plan measurements, ceiling heights, and window and door locations may vary in the built home. Do not rely on any Site image or dimension for design, purchase, financing, appraisal, or resale decisions.

5. Forms, interest lists, and inquiries

When you submit a form on the Site (for example, joining an interest list or requesting a tour), you agree to provide accurate, current, and complete information, and to update it if it changes. Submission of a form does not create a reservation, hold, or contract. Homesites and homes are not reserved until you sign a written purchase agreement and satisfy any deposit requirements.

6. Text messaging (SMS) terms

This SMS policy applies to Next Generation Capital and the following communities: Ventris Place, Northpointe Reserve, Courtyards at Cotton Lane (DOS LLC DBA Courtyards at Cotton Lane), and The Enclave at Airport.

Consent

By opting into any Next Generation Capital text program, you expressly consent to receive recurring marketing and/or transactional text messages that may be sent using an automatic telephone dialing system, by or on behalf of Next Generation Capital, at the cell phone number you provide us. You also consent to receive transactional, operational, or informational text messages at that phone number, including appointment reminders. Please note we may not be able to deliver messages to all mobile carriers. Consent to receive texts is not a condition of purchasing any goods or services, and you understand and agree that all text messages may be sent using automated technology. Message and data rates may apply.

What to expect

• Communications will be delivered via SMS.
• Message frequency may vary depending on campaigns, product updates, or your level of engagement.

Your choices and control

• Participation in the Marketing Program is optional and not required to use our core services.
• You may opt out at any time by following the unsubscribe instructions included in our messages. We will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
• Opting out of marketing communications will not affect transactional or service-related messages (such as account notifications).
• By opting in, you confirm that you are authorized to receive communications at the contact information you provide and that you understand your consent may be withdrawn at any time.

STOP and HELP

You can cancel the SMS service at any time. Simply text STOP to the number sending the messages. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to sales@nextgenerationcapital.us or (916) 694-1024.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our Privacy Policy.

7. Brokerage and Equal Housing

Real estate brokerage services in connection with NGC homes are provided by Pacific Capital Brokers, Inc., California DRE Lic. #01291111. NGC and its affiliated brokerage are committed to the letter and spirit of U.S. policy for achieving equal housing opportunity throughout the nation. We do not discriminate on the basis of race, color, religion, sex, disability, familial status, national origin, or any other class protected by applicable federal or California law.

8. Intellectual property

All Site content — including text, graphics, logos, marks, images, renderings, floor plans, site maps, videos, and code — is owned by NGC or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual-property laws. Except for personal, non-commercial viewing of the Site, you may not copy, modify, distribute, publish, license, sell, or otherwise exploit any Site content without our prior written permission. “Next Generation Capital,” our logo, community names (including Northpointe Reserve, Ventris Place, Courtyards at Cotton Lane, The Enclave at Airport, and Trecinto), and floor plan names are trademarks of NGC or its affiliates.

9. Acceptable use

When using the Site or communicating with us, you agree not to:

• Submit false, misleading, fraudulent, or unauthorized information
• Submit information about anyone else without their permission
• Interfere with or disrupt the Site, its security features, its servers, or any related networks
• Use any bot, automated tool, or unauthorized means to access or collect content in a way that violates these Terms or applicable law
• Attempt to gain unauthorized access to any account, system, or data
• Use the Site or messages you receive from us for unsolicited commercial marketing, spam, or unlawful purposes

We may suspend, restrict, or block access to the Site or to text messaging for any user who violates these Terms.

10. Third-party links and services

The Site may link to third-party sites and services (for example, Zillow, NewHomeSource, Google Maps, Matterport, YouTube). Those sites and services are operated by third parties and are governed by their own terms and privacy policies. We are not responsible for their content, availability, or practices, and linking to them does not imply endorsement.

11. Disclaimer of warranties

THE SITE AND ALL CONTENT ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SITE AT YOUR OWN RISK.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NGC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; OR (C) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SITE EXCEED ONE HUNDRED U.S. DOLLARS (USD $100). Some jurisdictions do not allow the exclusion of certain warranties or limitations of certain damages; in those jurisdictions the exclusions and limitations above will apply only to the maximum extent permitted by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless NGC, its affiliates, and their respective officers, directors, employees, and agents from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Site; (b) your violation of these Terms; or (c) your violation of any third-party right, including any intellectual-property or privacy right.

14. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. You and NGC agree that the state and federal courts located in Sacramento County, California, will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Site, and you consent to the personal jurisdiction of those courts. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the “Last Updated” date at the top of this page. Your continued use of the Site after we post updated Terms means you accept the updated Terms.

16. Contact us

Questions about these Terms should be directed to:

Next Generation Capital, LLC
2339 Gold Meadow Way, Suite 205
Gold River, CA 95670
Phone: (916) 822-3220
Email: sales@NextGenerationCapital.us

See also our Privacy Policy.