Content You Submit to the Web Site
The Web Site may provide you and other users with the opportunity to participate in forums, blogs, message boards, social networking, social communities and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Company or the Web Site, including, without limitation, photographs, writings, music, video, audio recordings and/or computer graphics (collectively, "User Content").
You grant to Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, cache, store, use, copy, distribute, sell, re-sell, display, perform, publish, broadcast, transmit, modify, reformat, translate or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media or medium now known or hereafter developed and with any technology or devices now known or hereafter developed. You further agree that Company is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Web Site or Company, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such User Content. You also grant to Company the right to sub-license and authorize others to exercise any of the rights granted to Company under these Terms and any Additional Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Company under these Terms and any Additional Terms. You further authorize Company to publish your User Content in a searchable format that may be accessed by users of the Web Site and the Internet.
You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Company these licenses. Upon Company's request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with these Terms and any Additional Terms.
You acknowledge and agree that Company will not have any obligation to review, monitor, display, accept or exploit any User Content and Company may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
COMPANY DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THIS WEB SITE.
Your Use Of The Web Site
As a user of the Web Site, you agree that you will not:
- use the Web Site, the Web Site Content or the User Content for any unlawful purposes or submit User Content that constitutes, encourages or solicits an illegal act or is posted for illegal purposes;
- violate these Terms; any Additional Terms; or any local, state, federal or international law, rule or regulation;
- violate, misappropriate or infringe upon Company's rights or the rights of others, including, without limitation, by creating any derivative works based on the Web Site Content or submitting User Content that infringes upon, violates or misappropriates the intellectual property or publicity rights of others;
- act in a manner that is abusive; insulting; violent; harassing; unlawful; harmful; obscene; profane; vulgar; defamatory; disparaging; intimidating; degrading; threatening hateful; disparaging; defamatory; libelous; violent; threatening; tortious; sexually suggestive; or explicit or hateful on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- submit User Content that is false or misleading;
- submit User Content that solicits gambling or engages in any gambling activity;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any third party's uninterrupted use and enjoyment of the Web Site, the Web Site Content or the User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Web Site, the Web Site Content or the User Content;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
- advertise, promote or offer to trade any goods or services, including, without limitation, through the use of junk e-mails, chain letters, "spamming," "phishing" or pyramid schemes;
- transmit any material or information, whether personally identifiable or not, posted by or concerning any third party, unless you have obtained the express, prior permission of such third party to do so;
- impersonate any other person or entity; misrepresent your affiliation with any other person or entity; or use or attempt to use another's account information, account, password or system;
- use or launch any automated system, including without limitation, any spider, robot (or "bot"), scraper or offline reader that accesses the Web Site or use or launch any unauthorized script;
- cover or obscure any banner or other advertisement on the Web Site;
- manipulate identifiers to disguise the source of your User Content transmitted to or through the Web Site; and
- interfere with or circumvent any security feature of the Web Site or any feature that restricts or enforces limitations on use of or access to the Web Site, the Web Site Content or the User Content.
You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms and any Additional Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to Company is accurate and complete; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms and any Additional Terms.
User Interactions and Disputes
You are solely responsible for your interaction with other users of the Web Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
Copyrights and Copyright Agents
We respect the intellectual property of others and we ask that our users to do the same. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512, we have designated a copyright agent to receive notice of claims of copyright infringement on this Web Site. Our copyright agent is Marielle Lifshitz, who may be reached by telephone at (312) 321-2189, by email at email@example.com or by postal mail at 350 N. Orleans, 10-S, Chicago, Illinois 60654.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Web Site are covered by a single notification, a representative list of such works at that Web Site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Company names or intellectual property, nor may the link create the false appearance that your web site or organization is sponsored by, endorsed by, affiliated or associated with Company. You agree that you will not link to this Web Site from any source that is unlawful, abusive, indecent or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous or inflammatory; or is otherwise inappropriate.
Under no circumstances may you "frame" the Web Site, the Web Site Content or the User Content in any way. Company reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Web Site, these Terms or any Additional Terms. Neither Company nor the Company Affiliates are responsible for the content or performance of any portion of the Internet including other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform Company of any errors or inappropriate material found on web sites to which this Web Site is or may be linked.
Third party advertisers may offer goods, services and other materials to you on the Web Site. Your correspondence and business dealings with advertisers found on or through the Web Site including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services and other materials on the Web Site.
Descriptions of, or references to, products or publications within the Web Site do not imply endorsement of that product or publication.
Your dealings or communications through the Web Site with any party other than Company are solely between you and that third party. Under no circumstances will the Web Site, Company and/or the Company Affiliates be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Membership & Registration
Certain areas of the Web Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Web Site Content or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Web Site Content or User Content or participate in certain features of the Web Site. When you provide information to the Web Site, you agree to provide only true, accurate, current and complete information.
If you register with the Web Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. Company reserves the right to terminate your account at this Web Site or otherwise deny access to this Web Site (or any portion thereof) in its sole discretion without notice and without liability.
Throughout the Site, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Floor Plan Disclosure: Renderings are artistic conceptions and may vary in detail from plans and specifications. All dimensions shown above are approximate. Builder reserves the right to incorporate modifications to existing plans, specifications, prices and features without prior notice.
Existing Houses might be customized and differ from plans and specifications.