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TERMS OF USE

View Century Home Builder’s terms of use.

Last Updated March 8, 2023

  1. Acceptance

These Terms of Use (“Terms”) state the terms and conditions governing your use of the Century Homebuilders Group’s website, together with any materials, services available herein, and successor site(s) (collectively the “Sites”).  These Terms incorporate any additional terms and conditions posted by Century Homebuilders Group through the Sites, or otherwise made available by Century Homebuilders Group.

The Privacy Policy available on our website, describes how Century Homebuilders Group collects, uses, and discloses information that we collect about all users and viewers through the Sites.

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY.  YOUR ACCESS TO AND/OR USE OF THE SITES OR THE INFORMATION DISPLAYED ON THE SITES CONSTITUTES ACKNOWLEDGEMENT OF HAVING READ AND  UNDERSTOOD THESE TERMS AND PRIVACY POLICY AND YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND PRIVACY POLICY.  IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND PRIVACY POLICY, YOU MUST NOT USE OR ACCESS OUR SITES.

We may change these Terms and Privacy Policy from time to time by notifying you of such changes by any reasonable means, including posting revised Terms or Privacy Policy through the Sties.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Privacy Policy incorporating such changes, or otherwise notified you of such changes.

In the event of a conflict between these Terms and/or Privacy Policy, and any other applicable terms or agreement full executed by you and Century Homebuilders Group, the other terms or agreement shall control.

The “Last Updated” legend below indicates when these Terms were last changed.  We may, at any time and without liability, modify or discontinue all or part of the Sites (including access to the Sites via any third party links), or offer opportunities to some or all Site users.   Any changes will become effective when we post the revised Terms on the Sites.  Your use of the Sites following these changes means that you accept the revised Terms.

  1. General Sites Terms and Conditions

The products and services offered by Century Homebuilders Group on the Sites are subject to change.  Century Homebuilders Group makes no representations or warranties regarding the accuracy of these products of services, and you agree that we bear no responsibility or obligations with respect to any products or services that you request or obtain from Century Homebuilders Group through the Sites, including without limitation, the availability or the quality of the products or services, or the information displayed on the Sites regarding products or services.

While we endeavor to display current and accurate information, we make no representations or warranties regarding the information set forth in the Sites, and without limiting the foregoing, are not responsible for any information being out of date or inaccurate, or for any typographical errors.

The Sites will offer various tools and/or services that are available to you via your mobile phone or other mobile device including the use of messages on your wireless device via short message service (“SMS Service”)(collectively “Mobile Services”).  Please note that your mobile carrier’s normal messaging, data, and or other rates and fees will apply to use of the Mobile Services.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.  Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.  Nevertheless, all use of the Sties and its related Mobile Services shall be strictly in accordance with these Terms.

You represent and warrant that (a) you are age 18 or older; (b) the information you submit through the Sites is accurate and complete to the best of your knowledge; and (c) with respect to each email address of a family member or friend that you provide for the sending of a moving notification, that you are authorized to provide the email address for such purpose and that the transmission of the moving notification  to the email address will not violate any directive or preference of the recipient, or any right of the recipient under the law.  You acknowledge that you bear all risks and responsibility for errors or delays that result from inaccurate or incomplete information provided by you.

In connection with any moving notification or other information you provide, you shall not include anything that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful, or (b) violates or infringes upon the copyright, trademark rights, intellectual property rights, privacy rights or other rights of any party.  We reserve the right in our discretion to edit or delete any portion of a moving notification that we deem inappropriate, or not transmit a moving notification that contains anything that we deem inappropriate. We are not obligated to edit or delete any portion of a moving notification, or to decide not to transmit any moving notification, and we are not liable for editing or deleting any portion of any moving notification or declining to transmit any moving notification.

You shall not and shall not attempt to (a) post or transmit to the Sites any virus, worm, Trojan horse, time bomb, or other computer programming routine, feature or operation that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, (b) use any device software, routine, feature or operation to interfere with the proper operation of the Sites or any activity being conducted on or by the Sites, (c) gain access to, copy, alter or modify any data transmitted to the Sites by another user, (d) copy, alter, modify, create derivative works based upon, decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Sites, or (e) frame or link to the Sites. We make no representations or warranties regarding the availability of the Sites at any given time, whether the use of the Sites will be uninterrupted, or the continued operation of the Sites. We, with or without notice, may suspend the operation of the Sites for periods of time, terminate the operation of the Sites at any time, and suspend or terminate your ability to access and use the Sites at any time.  We, with or without notice, may revise the features and functionality of the Sites, and the instructions and guidelines regarding the access to and use of the Sites, at any time.  We, with or without notice, may at any time revise the hardware, software and communication lines necessary to access and use the Sites, and the IP number(s) or address(es) used for the Sites.  While we take reasonable steps to prevent the introduction of viruses, worms, Trojan horses, time bombs or other computer programming routines, features or operations to the Sites that may be damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, we do not guarantee or warrant that the Sites or materials transmitted from the Sites do not contain such computer programing routines, features or operations.

You shall indemnify and hold us harmless from any damage, loss, expenses, including without limitation attorney’s fees and costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with Terms or any misrepresentation made by you in these Terms.

We are not responsible for any technical failures or problems that are beyond our control, or any result of any such failures or problems.

USE OF THE SITES IS PROVIDED “AS IS WHERE IS.”  AS AN ACCOMMODATION AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THE SITES, FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE OPERATION OF THE SITES, OR SUSPENSION OR TERMINATION OF THE OPERATION OF THE SITES OR THE ABILITY OF YOU TO ACCESS AND USE THE SITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES.  YOU EXPRESSLY AGREE THAT YOU ACCESS AND USE THE SITES AT YOUR SOLE RISK.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Any claims or disputes relating to the Sites shall be resolved exclusively by  binding arbitration pursuant to the commercial arbitration rules of the American ArbitrationAssociation (AAA) and the arbitration shall occur in the State of Florida, County of Miami-Dade, unless we expressly consent in writing to a different location. The arbitration shall be conducted by one arbitrator who is selected pursuant to the rules of the AAA. The award of the arbitrator shall be final and judgment upon the award may be entered in a court of competent jurisdiction in the State of Florida, County of Miami-Dade, unless we expressly consent to a court in different jurisdiction. No arbitration shall be consolidated or combined with any other arbitration, or proceed on a representative basis or capacity for other parties, except with our express written consent.  THESE TERMS PROVIDE THAT ALL CLAIMS OR DISPUTES REGARDING THE SITES SHALL BE RESOLVED BY BINDING ARBITRATION, WHICH MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT OUR EXPRESS WRITTEN CONSENT.  THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT, AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY.  Any disputes regarding the arbitration provisions shall be resolved by the arbitrator.  In the event that any issues not addressed by this arbitration provision will be entertained by a court, the court must be a court of competent jurisdiction in the State of Florida, County of Miami-Dade. Each party will bear their own costs in connection with the arbitration.

These Terms are governed by federal law and the laws of the State ofFlorida, without reference to choice of law principles.

These Terms operate in addition to any terms of use imposed or required by Apple Inc. or any other digital download platform from which you download the Sites (“App Provider Terms”).  The terms supplement and do not alter or amend any such App Provider Terms.  Accordingly, in the event of any conflict between these Terms and any App Provider Terms, the latter terms shall control.

All text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Sites, unless otherwise indicated, are owned, controlled, and licensed by Century Homebuilders Group and/or its licensors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations.

The Century Homebuilders Group name and logo are trademarks or service marks of Century Homebuilders Group. The names and logos of the vendors that may appear on the Sites are trademarks or service marks of the respective vendors. The unauthorized use of the names, logos, trademarks and service marks appearing on this site is strictly prohibited.

Use of the Sites is governed under the Privacy Policy and these Terms.

  1. Stop Information

 

To STOP receiving Century Homebuilders Group’s communications please visit https://www.centuryhomebuilders.com/legal/unsubscribe/ to opt out from any further notifications.

  1. Security

Industry accepted security measures are used with the Sites to protect your information.

  1. Disclaimer

Century Homebuilders Group may at any time revised the Sites Legal Disclaimers, Privacy Policy or Terms of Use by updating the Sites posting.  You are bound by any such revisions and should therefore periodically visit the Sites to review the then current terms and conditions, privacy policy, and legal disclaimers to which you are bound.

  1. Effective Date

These Terms of Use are effective as of March 8, 2023.