BY USING ANY OF THE VIEW HOMES SERVICES, YOU AGREE TO THESE CONDITIONS. PLEASE READ THEM CAREFULLY.
View Homes reserves the right, in its sole discretion, to change, modify, add or remove portions of these terms of service (these “Terms”), at any time. By continuing to use any of the View Homes Services following such modifications, you agree to be bound by such modifications to these Terms.
- USE OF THE VIEW HOMES SERVICES. You must be 13 years or older to access or use the View Homes Services. If you are under 13, then you may not use or access the View Homes Services under any circumstances. If you are 13 or older and younger than 18, then you may access and use the View Homes Services only if you have your parents’ or guardians’ prior permission. By accessing or using the View Homes Services, you represent that you are at least 18 or that you are at least 13 and have your parents’ prior permission to do so. If you are a parent or guardian providing permission for a child age 13 or older to access or use the View Homes Services, then you agree to accept full responsibility for that child’s use of and access to the View Homes Services under these Terms. You may access and use the View Homes Services solely for lawful purposes and only in accordance with these Terms. View Homes reserves the right at any time and in its sole discretion to modify, suspend, or discontinue any or all of the View Homes Services with or without notice.
- YOUR ACCOUNT. To utilize some of the View Homes Services, you may be asked to create a password-protected account (your “Account”). You agree to keep your Account information and password confidential. You agree to notify View Homes immediately of any actual or suspected unauthorized use of your Account. Your Account is solely for your personal and non-commercial use. You may not sublicense, distribute, sell, use for service bureau use, lease, rent, loan or otherwise transfer your Account or the right to access your Account to any third party. You are solely responsible for all activities that occur through your Account. View Homes will not be responsible for any loss to you caused by your failure to comply with these obligations. You represent and warrant that: (a) all information you provide in your registration is true, accurate, current, and complete; and (b) you will maintain and promptly update such information to keep it true, accurate, current, and complete. As part of the registration process, you may be assigned or permitted to create a user ID for use in identifying your Account (a “User ID”). You may not: (x) select or use a User ID of another person with the intent to impersonate that person; (y) use a User ID in which another person has rights without such person’s authorization; or (z) use a User ID that View Homes, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate termination of your Account.
- CONTENT. All text, files, images, graphics, illustrations, information, data, audio, video, photographs, advertising, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork, computer code and other content (collectively, “Content”), including without limitation, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, available through any of the View Homes Services, including, without limitation, all Content made available through any widget or other partners, affiliates, and licensors (collectively “Affiliates”), is owned by View Homes or its Affiliates and is protected by United States and international copyright laws. Your access to, and use of, any Content is also subject to any other license or other agreement separate from these Terms that you may have entered into (or may enter into) with View Homes or any of its Affiliates related to that Content (each of those licenses or other agreements, a “Content Agreement”). Except as expressly set forth in these Terms or a Content Agreement, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Content, or any Intellectual Property Rights therein or related thereto, and you may not copy, modify, reproduce, upload, perform, publicly display, create derivative works from, republish, post, transmit, encode, translate, participate in the transfer or sale of, distribute (including without limitation, “mirroring”), or in any way exploit any portion of the Content or the View Homes Services without the prior written permission of View Homes. If you would like to use the Content or the View Homes Services in a manner that is not expressly set forth in these Terms or any Content Agreement, please send your request by emailing View Homes at email@example.com.
- FAIR HOUSING. View Homes and its Affiliates recognize the importance and significance of fair housing. We conduct business in accordance with all applicable federal, state and local fair housing laws. It is our policy to provide equal professional service to all persons regardless of race, color, religion, sex, handicap, familial status or national origin. Models do not reflect a preference for homebuyers.
- LICENSE AND ACCESS. Subject to your compliance with these Terms and any Content Agreement, and your payment of any applicable fees, View Homes or its Affiliates grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the View Homes Services and the Content. This license does not include any resale or commercial use of any of the View Homes Services or the Content; any derivative use of any of the View Homes Services or the Content; any downloading, copying, or other use of any of the View Homes Services or the Content for the benefit of any third party; or any use of any data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms or any Content Agreement are reserved and retained by View Homes or its Affiliates. None of the View Homes Services, nor any part of any of the View Homes Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of View Homes. You may not frame or utilize framing techniques to enclose any trademarks, trade names, service marks, logos, banners, and page headers displayed through any of the View Homes Services (collectively, the “Marks”) or proprietary information (including images, text, page layout, or form) of View Homes without express written consent. You may not use any meta tags or any other “hidden text” utilizing View Homes’ name or Marks without the express written consent of View Homes. You may not misuse any of the View Homes Services. You may use the View Homes Services only as permitted by law. The licenses granted by View Homes terminate if you do not comply with these Terms or any Content Agreement.
- CONTENT DESCRIPTIONS. View Homes attempts to be as accurate as possible. However, View Homes does not warrant that descriptions of any of the Content or the View Homes Services is accurate, complete, reliable, current, or error-free.
- VIEW HOMES SERVICES RESTRICTIONS. We reserve the right to refuse use of the View Homes Services in our discretion. You may not transfer or assign any of the View Homes Service benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of Content or other View Homes Services that can be accessed.
- TERMINATION. Our business may change over time and we reserve the right to cancel the View Homes Services in whole or in part, and to terminate your use of the View Homes Services at our discretion without notice. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
- MARKS. Unless otherwise labeled, all Marks are the property of View Homes or its Affiliates. Except as expressly set forth in these Terms, you may not display, link to or otherwise use the Marks without the prior written permission of View Homes or the appropriate Affiliate.
- CONDUCT. You will not and will not permit any third party to: (a) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any Content, or in any way reproduce or circumvent the navigational structure or presentation of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through any of the View Homes Services; (b) attempt to gain unauthorized access to any portion or feature of the View Homes Services, or any other systems or networks connected to any View Homes server, by hacking, password “mining” or any other illegitimate means; (c) use the View Homes Services to harvest or collect e-mail addresses, whereabouts or other contact information of other users from the View Homes Services by electronic or other means for any purpose; (c) probe, scan or test the vulnerability of any network connected to the View Homes Services, or breach the security or authentication measures on any network connected to the View Homes Services; (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the View Homes Services, including any account not owned by you, to its source, or exploit any of the View Homes Services or Content in any way where the purpose is to reveal any information, including without limitation, personal identification or information, other than your own information; (e) pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; (f) use the View Homes Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the View Homes Services; (g) use any of the View Homes Services or Content for any commercial purpose or in any automated manner; (h) use automated scripts to collect information from or otherwise interact with the View Homes Services; (i) use the View Homes Services to intimidate, harass, or bully any person or entity; (j) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of any the View Homes Services; (k) remove, bypass, or circumvent any notices included on any of the View Homes Services or Content; or (l) provide to View Homes any code or device capable of or intended to interrupt, harm, or damage any of the View Homes Services or Content or the operation thereof.
- CLAIMS OF INFRINGEMENT. Just as View Homes requires users of the View Homes Services to respect the Intellectual Property Rights of View Homes, its Affiliates, and other third parties, View Homes respects the Intellectual Property Rights of users of the View Homes Services and other third parties. If you believe, in good faith, that your Intellectual Property Rights have been infringed or misappropriated through the View Homes Services without authorization in a way that constitutes infringement, you may notify View Homes by mail to:
View Homes Incorporated
555 Middle Creek Parkway, Suite 500
Colorado Springs, CO 80921
Please provide the following information to View Homes:
- The identity of the infringed work, and of the allegedly infringing work;
- Your name, address, daytime phone number, and e-mail address;
- A statement that you have a good faith belief that the use of the potentially infringing work is not authorized by the owner, his, her or its agent, or the law;
- A statement of the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
- Your signature.
- REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant for the benefit of View Homes and its Affiliates that: (a) you have the legal right and authority to accept these Terms; (b) you have the legal right and authority to perform your obligations under these Terms and to grant the rights and licenses described in these Terms and in any applicable additional agreement you enter into in connection with your access to or use of the View Homes Services; and (c) all information you provide to View Homes in connection with these Terms and your access to or use of the View Homes Services is correct and current.
- DISCLAIMER AND LIMITATION OF LIABILITY.
- ALL CONTENT AND VIEW HOMES SERVICES PROVIDED THROUGH OR IN CONNECTION WITH VIEW HOMES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER VIEW HOMES NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT, ADVICE, OPINION, STATEMENT, OR OTHER DATA OR INFORMATION DISPLAYED ON, DOWNLOADED FROM, OR DISTRIBUTED THROUGH ANY OF THE VIEW HOMES SERVICES. VIEW HOMES DOES NOT PRESCREEN CONTENT PROVIDED BY USERS, AND YOU UNDERSTAND THAT BY USING THE VIEW HOMES SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL VIEW HOMES BE LIABLE IN ANY WAY FOR ANY OF THE VIEW HOMES SERVICES OR CONTENT. YOU AGREE THAT YOUR ACCESS TO THE VIEW HOMES SERVICES AND CONTENT IS AT YOUR OWN DISCRETION AND YOUR OWN RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO OR USE OF ANY OF THE VIEW HOMES SERVICES OR CONTENT. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, VIEW HOMES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE VIEW HOMES SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE VIEW HOMES SERVICES OR CONTENT AND THAT INTERRUPTIONS, CRASHES, AND DOWNTIME MAY OCCUR FROM TIME TO TIME.
- IN NO EVENT WILL VIEW HOMES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) ANY OF THE VIEW HOMES SERVICES OR CONTENT, EVEN IF VIEW HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. VIEW HOMES’ TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED $100.
- INDEMNIFICATION. You hereby indemnify, defend, and hold harmless View Homes and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (collectively, “Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from your accessing or using any of the View Homes Services or Content, or your breach of any of these Terms. View Homes will provide you with notice of any such claim or allegation, and View Homes will have the right to participate in the defense of any such claim at its expense.
- LINKED SITES. The View Homes Services may contain links to third party sites or services that are not under the control of View Homes, and View Homes is not responsible for any content on any linked site or service. If you access a third party site or service through the View Homes Services, then you do so at your own risk. View Homes provides links only as a convenience, and the inclusion of the link does not imply that View Homes endorses or accepts any responsibility for the content on those third party sites or services. View Homes welcomes links to its site. You may establish a link to yourviewhome.com, provided that the link does not provide or imply any sponsorship or endorsement of your site by View Homes or any group or individual affiliated with View Homes. You may not use on your site or through your service any Content or Marks in establishing the link. You may not frame or otherwise incorporate into another site or service the Content or other materials provided through the View Homes Services without prior written consent.
- MOBILE SERVICES. The View Homes Services may be available on mobile devices and wireless services, or devices linked through Wi-Fi. Your mobile service, Wi-Fi or Internet provider may charge for those services that it provides, which are related to the View Homes Services. You should check with your mobile service, Wi-Fi or Internet provider to learn about such charges. By using any of the View Homes Services, you agree that View Homes may communicate with you regarding the View Homes Services by SMS, text message, email or other electronic means to your mobile device or email address.
- NOTICES. Except as expressly stated otherwise, any notices required or allowed under these Terms will be given to View Homes by postal mail to the address for View Homes listed through the View Homes Services. If applicable law requires that View Homes accepts e-mail notices (but not otherwise), then you may send View Homes an e-mail notice by emailing View Homes at firstname.lastname@example.org. With respect to View Homes’ notices to you, View Homes may provide notice of amendments by posting them through any of the View Homes Services and you agree to check for changes. Notice shall be deemed given 24 hours after it is posted.
- GENERAL TERMS.
- Third Party Beneficiaries. View Homes’ Affiliates are intended third party beneficiaries under these Terms with the right to enforce the provisions that directly concern the View Homes Services or Content to which they have rights.
- You may not assign, delegate or transfer these Terms or any of your rights or duties hereunder, and any attempt to do so will be null and void.
- Integration. These Terms set forth the entire understanding of the parties and supersede any and all prior oral and written agreements or understandings between the parties regarding the subject matter of these Terms. These Terms may not be modified by you except upon written consent of View Homes. The waiver by either party of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.
- Severability. If, for any reason, any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
- No Legal Relationship. These Terms and your use of the View Homes Services, including the submission of Provided Content, do not, and shall not, be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between you and View Homes or any of its Affiliates.
- Jurisdiction and Venue. THESE TERMS will be governed by the laws of the State of Colorado, without giving effect to any conflict of laws principles (whether of Colorado or another jurisdiction). You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state courts sitting in Colorado Springs, Colorado, and the federal courts sitting in Denver, Colorado. Any litigation shall proceed solely on an individual basis without the right for any claims to be litigated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. A court’s authority to resolve and make awards is limited to claims between you and View Homes alone. In any dispute, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and expenses from the other party. Notwithstanding anything to the contrary herein, nothing in these Terms is intended to, or does, create a private right of action for any matter for which View Homes provides an internal or arbitral remedy.
- Void Where Prohibited. The View Homes Services are accessible by users throughout the world. View Homes products, services and offers may not be available in your state or community. The information provided through the View Homes Services is not an offer of products or services where View Homes is not doing business or where prohibited by law.