LEGAL
NOTICE
USE OF THIS WEBSITE, WWW.CARPENTERHILLTEXAS.COM, (THE "SITE") IS SUBJECT TO THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PERRY HOMES, LLC and ITS PAST, PRESENT, AND FUTURE PREDECESSORS, SUCCESSORS, SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, FORMER EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OWNERS, REPRESENTATIVES, ATTORNEYS, AGENTS, AND ASSIGNS ("PERRY 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.
TERMS OF USE
Following are the terms of a legal agreement between you and Perry Homes. If you do not agree to these terms, do not use the Site.
1. Restrictions. Perry 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, and elevations) are the creation of Perry 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 Perry Homes' or the copyright owner's express, written permission. Perry 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. Perry 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, Perry Homes cannot ensure that all information is correct. Accordingly, Perry 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, Perry 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 Perry 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 Perry 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 Perry 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 download of any material from the Site.
3. DISCLAIMER. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE PERRY HOMES, and ITS PAST, PRESENT, AND FUTURE PREDECESSORS, SUCCESSORS, SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, FORMER EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OWNERS, REPRESENTATIVES, ATTORNEYS, AGENTS, 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 PERRY HOMES OR A PERRY HOMES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE IS CAUSED IN WHOLE OR IN PART BY PERRY 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 PERRY HOMES. YOU ALSO AGREE TO HOLD PERRY 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 websites 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 Perry Homes. Accordingly, you agree that Perry Homes is not responsible for any content, product, or services provided on these other internet websites. Likewise, you agree that Perry Homes is not liable for the content, products, or services of other internet websites 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.
Links on the Site to other websites not owned by Perry Homes likely have their own terms, conditions, and privacy policy that may differ from that of Perry Homes. We do not have any control over, or responsibility for, the content or operation of these other websites. Each such website may collect information about you and your usage of that website and have information sharing policies that differ from those of Perry Homes. The use of such websites is at your own risk.
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 Perry 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 Harris 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 Perry Homes regarding the Site.
6. Binding Effect. This Agreement shall be binding upon and 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 Perry 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. Perry 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 Perry Homes' express written consent. Perry 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. Perry 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 Perry 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. Perry Homes does not discriminate in housing on the basis of race, color, national origin, religion, sex, familial status, handicap, disability, sexual orientation, gender identity, or any other characteristic protected by federal, state or local law. Models/lifestyle photographs on the site do not reflect racial or ethnic preference.
10. Employment at Perry Homes. Perry Homes is an Equal Opportunity Employer who recruits, hires, and promotes employees and makes all employment decisions without regard to race, color, religion, sex, age, disability, national origin, citizenship, military commitment or service, genetic information, sexual orientation, gender identity, or any other characteristic protected by federal, state or local law. Nothing herein shall be construed as creating an offer of employment or a modification of any terms of employment of existing Perry Homes’ employees. All Perry Homes employees are at-will employees who may be terminated or who may resign at any time, with or without reason, with or without cause, and with or without notice.
11. Privacy Policy. The information we receive from you when you visit the Site depends on what you do when you visit the Site.
If you visit the Site to browse, read, or download information: We may collect and store the name of the domain and host from which you accessed the Site (e.g., google.com); the internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access the Site; the internet address of the website from which you accessed the Site, and your activity on the Site (“Web Analytics Information”).
We may also collect anonymous location, demographic and personal interest information about you (“Anonymous Information”). To understand the Anonymous information we may obtain about you, you may visit https://support.google.com/analytics/answer/2799357?hl=en. We may use third parties, such as Google Analytics, to collect Anonymous Information. To learn more about how Google collects and processes Anonymous Information and the choices Google may offer to control these activities, you may visit http://www.google.com/intl/en/policies/privacy/partners/. You can “opt-out” of our collection of Anonymous Information by installing the Google Analytics browser add on by visiting https://tools.google.com/dlpage/gaoptout.
Perry Homes collects Web Analytics Information and Anonymous Information to (1) optimize and/or customize future visits, (2) understand the size of our audience, (3) analyze the traffic patterns within the Site, (4) provide you with customized/targeted content and advertising, (5) conduct research to improve the Site services, and search engine optimization, (6) ask you to review your Perry Homes experience, and (7) to fulfill your requests for products and services. In some cases we may combine Web Analytics Information and Anonymous Information. Web Analytics Information and Anonymous Information may be shared with third parties that assist us with advertising, marketing, and operation of the Site. We may also provide Web Analytics Information and Anonymous Information to our employees, subsidiaries, affiliates, vendors, and other third parties.
We may use "cookies," which are small files sent to and stored on your computer in order to recognize your computer as a unique machine and to collect Web Analytics Information and Anonymous Information. Cookies are also utilized by Google to help serve ads it displays on websites using Google AdSense. Cookies will allow us to recognize you when you return to the Site. You can set your browser and utilize Ad Settings to warn you when a website attempts to place a "cookie" on your computer for both Web Analytics Information and Anonymous Information. Several options are also available to “opt-out” of Google AdSense by visiting https://support.google.com/adsense/answer/1348695?hl=en&ref_topic=1271507.
If you choose to identify yourself by sending us an e-mail or by entering information on a form appearing on the Site (“Personal Information”), we may contact you with information and promotional materials and offers from Perry Homes, as well as from our subsidiaries, affiliates, marketing partners, vendors, advertisers and other third parties. We may also provide Personal Information to a Perry Homes Outside Sales Professional in order that they may contact you and/or send you marketing and sales information related to Perry Homes’ properties.
Certain Outside Sales Professionals within Perry Homes may create their own databases or collections of Personal Information. We may also distribute or use Personal Information disclosed to us in a manner consistent with the purpose for which it is disclosed (e.g., customer service requests, live chat, and the like). In any event: Perry Homes may disclose or exchange Personal Information with third parties if we believe the law requires us to do so or in order to protect the rights of Perry Homes, our affiliates, subsidiaries, or our users. We are not responsible for any breaches of security or for any actions of third parties receiving any information gleaned from your visiting the Site. Perry Homes does not control what information is received when you access a website through an outside link and does not have any control over what information, if any, is gathered from your visiting any website other than the Site or what uses are made of such information.
12. INFORMATION FROM CHILDREN. This Site contains general information not directed towards children under the age of 18. Perry Homes complies with the Children’s Online Privacy Protection Act and does not permit registration by and does not knowingly collect personally identifiable information from children under the age of 13. Children under the age of 13 should not use this Site, and Perry Homes encourages parents to supervise their children while online.
13. VOID WHERE PROHIBITED. This Site is accessible by users throughout the world. Perry Homes’ products, services and offers may not be available in your state or community. The information on this Site is not an offer of products or services where Perry Homes is not doing business or where prohibited by law.
14. ENTIRE AGREEMENT. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Perry Homes.
15. EFFECTIVE DATE. This privacy policy is effective as of July 10, 2019.
