Your access to and use of this Site (defined below) is subject to the following Terms and Conditions. These Terms and Conditions apply to all ElementHomes-sponsored websites and webpages, including without limitation www.elementhomes.com, and all webpages therein (collectively the “Site”). Please read these Terms and Conditions carefully before accessing or using the Site, so that you fully understand your rights and responsibilities.
BY ACCESSING OR USING THE SITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS.
ElementHomes reserves the right to change these Terms and Conditions at any time. If we decide to change the Terms and Conditions, we will post any changes on this Site. Any such changes shall be effective upon posting on the Site. By accessing the Site following the posting of changes to the Terms and Conditions, you agree to all such changes.
These Terms and Conditions are agreed to by and between you and ElementHomes LLC. In consideration of your use of and access to this web Site, and the promises and obligations in these Terms and Conditions, and intending to be legally bound, you and ElementHomes hereby agree to all of the terms and conditions of these Terms and Conditions.
These Terms and Conditions describe the terms and conditions under which ElementHomes welcomes you to this Site. Please read the Terms and Conditions carefully so that you fully understand your rights and responsibilities.
ElementHomes Intellectual Property Rights Copyright 2003 ElementHomes LLC. All rights reserved.
All copyrightable text, audio, video, graphics, charts, maps, architectural and other plans, layouts, depictions, illustrations, drawings, photographs and icons, and the design, selection, and arrangement of content in any medium on this Site is copyrighted by ElementHomes, unless otherwise noted. The distinctive and original layout and presentation of this Site also constitutes protectable trade dress under applicable federal law.
In addition, many proprietary names and marks belonging to ElementHomes or its affiliates appear throughout this Site, including, for example and ithout limitation, ElementHomes’ and the ElementHomes logo. This Site may also contain references to third-party marks, which are the property of their respective owners. If you have any questions regarding a specific mark or any other ElementHomes intellectual property, please contact ElementHomes via mail at 426 N. 44th Street #240, Phoenix, Arizona 85008 or via email at info@elementhomes.com Any unauthorized use of any of lement Homes’ marks, or of its copyrighted material or trade dress or any other intellectual property, is strictly prohibited, and will be prosecuted to the fullest extent that the law provides.
Permission is granted to download this Sites content and to print a single hard copy for the user=s personal use only. You may not otherwise use, copy, modify, distribute, republish or transmit any of the content or materials of this Site without the written permission of ElementHomes.
You understand and expressly agree that use of this Site is at your own risk, that any material or data downloaded or otherwise obtained through the use of the Site or by virtue of interaction with other users is at your own discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data, and for any other form of damage that may be incurred. ElementHomes shall not be liable to users for any damage resulting from use of the Site, nor is ElementHomes in any way responsible for the conduct of users, or information exchanged on the Site.
You shall not, and shall not allow any third party to, (i) translate, reverse engineer, decompile, disassemble, modify or reproduce any software or other material on or accessible through this Site (collectively the “Software”), in whole or in part, or otherwise attempt to discover the source code, or prepare derivative works based upon the Software; (ii) develop passwords and/or logins other than passwords and logins issued to you by ElementHomes, or attempt to determine how the passwords and logins are defined, or otherwise attempt to defeat any passwords or logins; or (iii) distribute, sublicense, rent, lease, assign or otherwise transfer the Software, in whole or in part, to any third party, or use the Software on behalf of any third party, including without limitation for any dial-up, remote access, interactive, Internet-based or other on-line service.
Although ElementHomes endeavors to provide accurate information, this Site is intended to be for general reference purposes only. ElementHomes makes no guarantees with respect to any information provided on the Site, and disclaims any warranties with respect to the accuracy of such information or other material on the Site, and disclaims any warranties with respect to the accuracy of any features of the Site, or of any floor plans, square footage estimates, or other information or material on the Site. Additionally, maps, plans and other depictions on this Site are not necessarily drawn to scale. Element Homes makes no representation or guarantee regarding the investment status or future value of any home or lot. All maps, renderings, elevations, and floor plans are an artist’s conceptual drawings and may vary from actual locations, plans and homes as built. In an effort to continuously improve our homes, ElementHomes reserves the right to change floor plans, specifications, elevations, features, colors, prices and other terms without notice or obligation. Due to construction tolerances, square footage and other specifications may vary. Dimensions and location of windows vary with exterior selection. Prices reflect base prices and are subject to change. Lot premiums may apply. Views may vary significantly by lot location and may be affected by future development. ElementHomes does not guarantee the preservation of any view or the natural environment surrounding any of its communities.
This Site, and the information contained therein, does not constitute an offer to sell or lease real estate or homes. In addition, no offer to sell or lease may be made, and no offer to purchase or lease may be accepted, prior to the issuance of an Arizona Public Report. Only conditional sales contracts will be taken until the Public Report is issued. Nothing on this Site shall be construed as constituting any offer or acceptance of any real estate rental or sales contracts, nor of any conditional sales contracts.
ElementHomes is committed to conducting its business in accordance with the federal Fair Housing Act, which prohibits discrimination against any person because of race, color, religion, sex, handicap, familial status or national origin in connection with the sale or rental of housing or residential lots.
This Site is provided by ElementHomes on an Aas is@ basis. ElementHomes disclaims all warranties with respect to this Site, and to any information or products or services available on this Site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non- infringement. ElementHomes also makes no warranty or representation regarding the results that may be obtained from this Site, or regarding the accuracy or reliability of any information obtained from the Site, or that its services will meet any user=s requirements, be uninterrupted, timely, secure or error free. ElementHomes shall have no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
No advice or information, whether oral or written, obtained by you from ElementHomes or any of its affiliates, or in any other manner through this Site or online service, shall create any warranty.
In no event shall ElementHomes or any of its parents, subsidiaries, affiliates, officers, directors, owners, shareholders, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, information, profits or business interruption, arising out of or in any way related to the use or performance of this Site or any linked site, to any information or products or anything else obtained through this Site, or otherwise arising out of the use of this Site, or to the inability to use the Site, whether based in tort, contract, negligence, strict liability or otherwise, even if ElementHomes has been advised of the possibility of damages. Your sole and exclusive remedy is to discontinue using this Site.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
You agree to indemnify, defend and hold harmless ElementHomes, its affiliates, parents, subsidiaries, officers, directors, owners, shareholders, employees, consultants and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys= fees) arising from your use of the Site or the violation of these Terms and Conditions, including without limitation, your infringement, or infringement by any other users of your account, of any intellectual property or other right or policy of ElementHomes or any other person or entity.
Please carefully review the Privacy Policy for this Site, located below in this document.
By your access or use of this Site, you hereby agree to the terms of this Privacy Policy, which are incorporated into these Terms and Conditions by reference.
As you navigate this Site, you may be able to view advertisements and links to other sites for product offers or services or information from or about affiliates, advertisers, or other third parties (collectively “Third Parties”). Advertisements, links and information from Third Parties, and any linked sites, and sites linking to our Site, are not under ElementHomes’ control, and ElementHomes disclaims any responsibility or liability for the contents and accuracy of advertisements and information from Third Parties, and for linked sites and sites linking to our Site, and for the policies and conduct of Third Parties. ElementHomes does not endorse any advertisements, or any linked sites or sites linking to our Site, or information from or websites of any Third Parties, and is not responsible for any transmission or material received from any linked site or site linking to our Site. ElementHomes assumes no responsibility, and shall not be liable, for any viral infection of your computer equipment or software, or any other types of damage in any form, on account of your access, use of or browsing in this Site or any other site. You also hereby acknowledge and agree that ElementHomes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any links to any sites of any Third Parties or the use, downloading or reliance on any materials or information from any Third Parties.
By your access or use of this Site, you hereby agree to these Terms and Conditions. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained in the Terms and Conditions and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by ElementHomes. These Terms and Conditions will inure to the benefit of ElementHomes’ successors, assigns and licensees.
ElementHomes reserves the right to change these Terms and Conditions at any time. If we decide to change the Terms and Conditions, we will post any changes on this Site. Any such changes shall be effective upon posting on the Site. By accessing the Site following the posting of changes to the Terms and Conditions, you agree to all such changes.
These Terms and Conditions shall be governed, construed and enforced in accordance with the laws of the United States and the State of Arizona. Any cause of action or claim made by you or any other Site viewer or user with respect to this Site must be commenced within six months after the claim or cause of action arises.
Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, or the use of this Site, shall be determined and settled solely and exclusively in the Arizona state or United States federal courts located in Maricopa County, Arizona.
ElementHomes respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ElementHomes the following information, pursuant to Section 512 of Title 17, United States Code:
Glenn Spencer Bacal
Quarles & Brady Streich Lang LLP
2 North Central Avenue
Phoenix, Arizona 85004-2391
E-mail: gsb@quarles.com
If you have any other questions or concerns regarding these Terms and Conditions, please contact us at ElementHomes via mail at:
ElementHomes LLC
426 N. 44th Street
Phoenix, Arizona 85008
Or via e-mail at
info@elementhomes.com.
Your privacy is important to us at ElementHomes, and we are providing this Privacy Policy to explain our use and protection of personal information about you. The phrase “Personally Identifiable Information” in this policy shall refer to information or a combination of information that you provide to us through the Internet that can be used to uniquely identify you. Our Privacy Policy is described in more detail below:
ElementHomes may collect any content, record, or electronic communication of any kind, including Personally Identifiable Information, subject to applicable laws. This includes both information that you physically type into the computer keyboard, as well as other information collected, for example through Internet Protocol (“IP”) addresses and the use of “cookies” which may be placed on your computer when you access the site (See the “Cookies” Section Below).
ElementHomes may collect Personally Identifiable Information about you (for example, requesting a combination of your name, telephone number, e-mail address, mailing address, and related information) in order to communicate with you or provide you with goods or services, or for sending e- mails or solicitations. ElementHomes may also collect and use Personally Identifiable Information for marketing purposes, among other reasons.
ElementHomes may also share Personally Identifiable Information with its current and future affiliates and other third parties. However, ElementHomes will not sell Personally Identifiable Information about you to any outside parties, unless it is needed to provide goods or services you have expressly requested, or unless under exceptional circumstances as may be required by law or to protect legal rights. ElementHomes may also, in addition to its other rights herein, collect, use and disclose to any party (regardless of whether it is an affiliate) information that is not Personally Identifiable Information (for example, aggregate statistics regarding the number of visitors to our website and other information that does not uniquely identify you). ElementHomes also reserves the right, in addition to its other rights herein, to disclose any Personally Identifiable Information to any party (regardless of whether it is an affiliate) in the event that we believe that doing so is necessary to operate the site, or where such disclosure may be necessary or appropriate to assist with any requests from you, or where such disclosure may be required by law, or to protect our rights or the rights of others.
ElementHomes or its affiliates may contact you in the future regarding Your Request or to provide information about ElementHomes or its affiliates’ goods, services or promotions or other items of interest. At such time, you may notify the party sending you the e-mail if you do not wish to receive such further communications from that party.
ElementHomes maintains full rights to any information collected on this site, and may freely collect and use such information, unless otherwise prohibited by this Privacy Policy or applicable law. In the event of a change in control of ElementHomes or sale by ElementHomes of substantially all of its assets, any Personally Identifiable Information or other information owned by ElementHomes may be transferred to such ElementHomes successor, but only if the successor remains bound by this Privacy Policy.
A cookie is a piece of information that a web site transfers to the hard drive of your computer when you visit that site. A cookie allows a website to record your comings and goings with respect to that site; it can also allow the site to track which pages on the site you visit, and how often you visit them. Except for information regarding your comings and goings, the only personal information stored in a cookie is information that you supply yourself a cookie cannot read data off your hard drive or read other cookies created by other sites.
ElementHomes may at times use cookies to track the use of our site, and to facilitate our transactions and enhance your experience on our site, and for marketing and other reasons. Fore example, by showing when and how you and other users visit our website, cookies help us to see which pages of the site are popular and which are not. This helps us improve our site, because we can eliminate pages that are unpopular, and update and improve those pages that are visited frequently. It can also help us to improve your enjoyment of the site, for example, by remembering your address and ordering information when you request information or goods or services on the site.
If you wish to have access to Personally Identifiable Information about you in our records, please contact us with your request at the mailing address or e-mail address located under the “Contacting Us” paragraph at the end of this Privacy Policy. You may also request that we update Personally Identifiable Information about you, or request correction of any factual errors that you believe may exist regarding this information. We will use commercially reasonable efforts to accommodate such requests.
To prevent unauthorized access, and maintain data accuracy and the correct use of information, we have put in place appropriate procedures to safeguard and secure the information we collect online. While we cannot guarantee that loss, misuse or alteration to data will not occur, we try to prevent such unfortunate occurrences.
This site may contain advertisements and links to other sites. ElementHomes is not responsible for the privacy policies or practices of any affiliates, advertisers or linked sites or for the privacy policies or practices of any other third parties. To the extent that you disclose Personally Identifiable Information to any affiliates, advertisers, linked sites or other third parties, different rules may apply to their use or disclosure of Personally Identifiable Information you disclose to them, and we encourage you to review their privacy policies before disclosing Personally Identifiable Information to them.
This website is not directed toward children under thirteen years old, and ElementHomes does not knowingly collect or use information from children under the age of thirteen through this site without first obtaining parental permission.
By your use of this site, you hereby agree to the terms of this Privacy Policy and consent to the collection and use of information as discussed in this Privacy Policy. ElementHomes reserves the right to change this Privacy Policy at any time. If we decide to change the Privacy Policy, we will post any changes on this website. Any such changes shall be effective upon posting on the website. By accessing the site following the posting of changes to this Privacy Policy, you agree to all such changes.
By your use of this site, you also hereby agree to the full Terms and Conditions of the site, which are incorporated into this Privacy Policy by reference. Please carefully review the full Terms and Conditions located above in this document.
If you have any questions or concerns regarding this Privacy Policy, or any requests for access to or changes to information about you, please contact us at ElementHomes via mail at:
ElementHomes LLC
426 N. 44th Street #208
Phoenix, Arizona 85008
Or via e-mail at:
info@elementhomes.com.
