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TERMS OF USE
This page states the Terms under which you may use this website ('Website'). Please read this page carefully. If you do not accept the Terms stated here, do not use the Website. By visiting the Website you are acknowledging that you have read, understood and agreed to comply with these set terms.
BuildersAccess
('Company') may revise these Terms at any time by updating this posting. You should visit this page periodically to review the Terms, because they are binding on you.
Section 1. USE OF MATERIAL
Company authorizes you to view and download a single copy of the material on this Website solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Website. Any such special rules are listed as Legal Notices on this web site and are incorporated into this Agreement by reference.
The contents of this Website, such as text, graphics, images and other material ("Material") are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Website or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. COMPANY'S LIABILITY
The Material may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Website and the Material. The use the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS AND LINKS.
SECTION 3. DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 4. USER SUBMISSIONS
Generally, any communication which you post to the Website is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by Company as confidential, that fact will be stated in Legal Notices on those pages. By posting communications to the Website, you automatically grant Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media or technology whether now known or hereafter developed and to sublicense such rights through multiple tiers of sub licensees.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
Company does not represent or guarantee the truthfulness, accuracy or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Company reserves the right to expel Users and prevent their further access to the Website for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
SECTION 5. LINKS TO AND FROM OTHER SITES
Company does not have responsibility and shall not be liable for the accuracy or availability of information provided by web sites which are linked to this Website via hypertext or other computer "Links". The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party websites. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.
SECTION 6. SOFTWARE LICENSES
All software that is made available for downloading from the Website ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated Legal Notice accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
SECTION 7. LIMITATION OF LIABILITY
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Company to you for all claims arising from the use of the Materials (including Software) is limited to $100.
SECTION 8. INDEMNITY
You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. Company shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
SECTION 9. EXPORT CONTROL
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
SECTION 10. USER INFORMATION
Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Website, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.
SECTION 11. SPECIFICATIONS, PRICES, TERMS, RENDERINGS AND OTHER INFORMATION
This Website and the related links do not constitute an offer to sell real property. Offers to sell property may be made and accepted only at the sales center for the individual
BuildersAccess
communities. Information contained on this Website is intended to be informative only, and does not constitute a representation or warranty with regard to any
BuildersAccess
house, community or products or services provided by Company.
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 generally refer to the base house and do not include any optional features. Photos and/or drawings of homes may show upgraded landscaping and may not represent the lowest-priced homes in the community. Company reserves the right to make changes to its home designs and to build more or fewer homes than currently planned. Some or all of the 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 from the actual plans and homes as built.
BuildersAccess
cannot control future development or 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. Promotional programs are typically available only on select lots at select communities, and may not be available in conjunction with other offers. Please consult a
BuildersAccess
Sales Representative for specific price or other information for each community.
SECTION 12. GENERAL
Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular Legal Notice or Software License or material on particular web pages, this Agreement constitutes the entire Agreement between you and Company with respect to the use of Website. Any changes to this Agreement must be made in writing, signed by an authorized representative of Company.
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