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NOTICE
USE OF THIS WEB SITE, WWW.THOMASGREENHOMES.COM,
OR ANY MEMBER OF THE THOMAS GREEN LUXURY HOMES FAMILY OF SITES, (THE
"SITE") IS SUBJECT TO THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A
LEGAL AGREEMENT BETWEEN YOU AND THOMAS GREEN LUXURY HOMES, LTD.,
("THOMAS GREEN HOMES"). BY USING THE SITE IN ANY MANNER, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY
THE FOLLOWING TERMS OF USE.
FURTHERMORE, BY USING THE SITE, YOU ACKNOWLEDGE
THAT THOMAS GREEN HOMES IS NOT A REAL ESTATE BROKER, MORTGAGE
BROKER, OR MORTGAGE LENDER.
TERMS OF USE
Following are the terms of a legal agreement
between you and Thomas Green Homes. If you do not agree to these
terms, do not use the Site.
1. Restrictions. Thomas Green Homes owns all
material used on the Site. All information is provided solely for
the personal, non-commercial use of users of the Site. All materials
appearing on the Site (including but not limited to floor plans,
designs, pictures, and elevations) are the creation of Thomas Green
Homes and are protected by all applicable copyright and trademark
law or are used with the consent of the original owner or creator of
the material. Nothing appearing on the Site may be copied,
reproduced, distributed, republished, downloaded, displayed, posted,
or transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording, or
otherwise, without Thomas Green Homes' or the copyright owner's
express, written permission. Thomas Green Homes hereby grants its
permission to display, copy, distribute, and download the materials
on the Site for personal, non-commercial use only, provided the
materials are not modified and that all copyright and other
proprietary notices contained in the materials are retained. This
permission terminates automatically if you violate any of these
terms or conditions. Upon termination, you must immediately destroy
all downloaded and printed materials. Any unauthorized use of any
material in this site may violate copyright laws, trademark laws,
the laws of privacy and publicity, and communications regulations
and statutes.
2. Limitation on Use and Liability. Thomas Green
Homes does not make any warranties or representations regarding the
materials contained on the Site. As a user of the Site, you agree
that you are not relying on any material contained on the Site; any
reliance on your part is at your sole risk. Despite its efforts to
provide accurate information on the Site, Thomas Green Homes cannot
ensure that all information is correct. Accordingly, Thomas Green
Homes intends the Site to be used for general reference only. No
information on the Site is to be construed as an offer or
solicitation of sale. In accordance with applicable laws, Thomas
Green Homes can offer to sell real estate only to those persons who
visit its properties and only within the state where the property is
located. Because the Site may contain inaccurate, incomplete, or
out-of-date information at any time, you should consult with a
Thomas Green Homes' sales professional for any information listed on
the Site. Product information, including plans, promotions, pricing,
and availability, is subject to change at any time, and there may be
typographical errors or misstatements on the Site at any given time.
Your sole exclusive remedy for any use of any materials or
information provided on the Site shall be to cease accessing the
Site and using the materials or information obtained therein. By
using the Site, you agree that Thomas Green Homes shall not be
liable for any damages relating to any use of or reliance upon any
material on the Site. You also agree that Thomas Green Homes shall
not be liable for any damage to your computer or other equipment or
other property related to your use of access or your downloading of
any material from the Site.
3. DISCLAIMER. TO THE FULLEST EXTENT ALLOWED BY
APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE THOMAS GREEN
HOMES, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, JOINT VENTURERS,
OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND
ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR
EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, AND CLAIMS FOR
INTEREST, RELATED DIRECTLY OR INDIRECTLY TO OR ARISING FROM YOUR
ACCESSING THE SITE OR THE USE OR NON-USE OR INABILITY TO USE ANY OF
THE MATERIALS CONTAINED THEREIN, EVEN IF THOMAS GREEN HOMES OR A
THOMAS GREEN HOMES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE IS CAUSED IN WHOLE OR
IN PART BY THOMAS GREEN HOMES' GROSS NEGLIGENCE OR ITS NEGLIGENCE.
WITHOUT LIMITING THE FOREGOING, ALL MATERIALS AND INFORMATION ON THE
SITE ARE PROVIDED TO YOU "AS-IS" AND "WHERE-IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. IF YOUR USE OF THE SITE RESULTS IN THE
NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU
WILL ASSUME THOSE COSTS. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE
ABOVE DISCLAIMER, LIMITATIONS, OR EXCLUSIONS, MAY NOT APPLY TO YOU.
EXCEPT AS STATED HEREIN, USE OF THE SITE DOES NOT CREATE ANY
CONTRACT, AGREEMENT, RIGHTS, OR LEGAL OBLIGATIONS BETWEEN YOU AND
THOMAS GREEN HOMES. YOU ALSO AGREE TO HOLD THOMAS GREEN HOMES AND
ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND
AGENTS, HARMLESS FROM ANY AND ALL CLAIMS AND COSTS (INCLUDING BUT
NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SITE,
ANY FAILURE BY YOU TO ABIDE WITH THIS AGREEMENT, OR YOUR
INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY
PERSON OR ENTITY.
4. Internet Links. The Site contains links to
other Internet web sites maintained by third parties. These links
are not endorsements of any products or services contained in those
sites, and no information in those sites has been endorsed or
approved by Thomas Green Homes. Accordingly, you agree that Thomas
Green Homes is not responsible for any content, product, or services
provided on these other Internet web sites. Likewise, you agree that
Thomas Green Homes is not liable for the content, products, or
services of other Internet web sites that link to the Site. Linking
to the Site via framing or deep-linking is expressly prohibited. To
the extent applicable, you are responsible for complying with all
local laws regarding material obtained from the Site or other linked
sites.
5. Governing Law. This Agreement will be governed
by, construed by, and enforced in accordance with, and subject to,
the laws of the State of Texas, except to the extent superseded or
preempted by the laws of the United States of America. If any
provision of this Agreement is deemed invalid, unlawful,
unenforceable, or void, you and Thomas Green Homes agree that the
validity and enforceability of the remaining provisions shall remain
in full force and effect. By using the Site, you agree to submit to
the exclusive jurisdiction of the Texas state courts located in
Montgomery County, Texas, or the United States District Court for
the Southern District of Texas to resolve any disputes arising out
of your use of the Site or any interaction with Thomas Green Homes
regarding the Site.
6. Binding Effect. This Agreement shall be
binding upon an inure to the benefit of the parties thereto and
their respective heirs, representatives, successors, and assigns.
7. Termination. This Agreement shall remain in
force and effect until terminated by Thomas Green Homes. In the
event of termination of this Agreement, all restrictions imposed
upon you herein, including all disclaimers, waivers, releases, and
limitations of liability, shall survive.
8. Revisions. Thomas Green Homes may from time to
time revise this Agreement. By using this Site, you agree to be
bound by any such revisions and should therefore, periodically visit
this page to determine the then current Agreement and Terms of Use
to which you are bound. Because of the frequency of updates and
changes and the possibility of errors, nothing on the Site may be
used as evidence in any legal proceeding, investigation, or
arbitration without Thomas Green Homes' express written consent.
Thomas Green Homes has the right to stop conduct on the Site that it
deems offensive or that it determines to inhibit the ability of
others to use the Site. Thomas Green Homes has the right to take
action, including immediate termination without notice, against any
user who misuses the Site or fails to abide by this Agreement. If
Thomas Green Homes becomes aware of any unlawful activity on the
Site, it reserves the right to notify appropriate authorities about
such activity.
9. Equal Housing Opportunity. Thomas Green Homes
does not discriminate in housing on the basis of race, color,
national origin, religion, sex, familial status, handicap, or
disability.
10. Thomas Green Homes does not control what
information is received when you access a web site through an
outside link and does not have any control over what information, if
any, is gathered from you visiting any web site other than the Site,
or what uses are made of such information.
11. NOTICE FOR ALL BUDGET, FINANCIAL AND MORTGAGE
TOOLS - These are calculation tools, not an offer to lend. Interest
rates shown are for demonstration purposes only. Actual market
interest rates may vary.
12. Thomas Green Homes may provide a number of
venues in which interactive services, such as online calculators,
planning tools and checklists, are offered to you. Such services are
offered by Thomas Green Homes for the sole purpose of disseminating
information for the public's benefit. Thomas Green Homes cannot
guarantee the accuracy, sufficiency, correctness, veracity,
completeness, or timeliness of such services. You are responsible
for confirming the sufficiency and reliability of any such service.
13. All materials on the Site (as well as the
organization and layout of the Site) are owned and copyrighted or
licensed by Thomas Green Homes, its affiliates or its suppliers. ©
Copyright 2002 Thomas Green Homes. All rights reserved.
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