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NOTICE
USE OF THIS WEB SITE, WWW.BILLEDWARDSHOMES.COM,
(THE "SITE") IS SUBJECT TO THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LEGAL
AGREEMENT BETWEEN YOU AND BILL EDWARDS
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 BILL EDWARDS HOMES. If
you do not agree to these terms, do not
use the Site.
1. Restrictions. BILL EDWARDS 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 BILL EDWARDS 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 BILL EDWARDS HOMES
or the copyright owner's express, written
permission. BILL EDWARDS 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. BILL
EDWARDS 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, BILL EDWARDS
HOMES cannot ensure that all information
is correct. Accordingly, BILL EDWARDS
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, BILL EDWARDS HOMES
can offer to sell 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 Towne Lake 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 BILL EDWARDS 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 BILL EDWARDS 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 BILL EDWARDS HOMES, ITS SUBSIDIARIES,
AFFILIATES, DIRECTORS, JOINT VENTURERS,
OFFICERS, EMPLOYEES, WEB SITE DESIGN AND
HOSTING SERVICE PROVIDERS, 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 BILL
EDWARDS HOMES OR A BILL EDWARDS HOMES
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR
IF SUCH DAMAGE IS CAUSED IN WHOLE OR IN
PART BY BILL EDWARDS 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 BILL
EDWARDS HOMES YOU ALSO AGREE TO HOLD BILL
EDWARDS HOMES AND ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, CONSULTANTS, WEB
SITE DESIGN AND HOSTING SERVICE PROVIDERS
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 BILL EDWARDS HOMES. Accordingly, you
agree that BILL EDWARDS HOMES is not responsible
for any content, product, or services
provided on these other Internet web sites.
Likewise, you agree that BILL EDWARDS
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 BILL EDWARDS 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 BILL EDWARDS 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
BILL EDWARDS 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. BILL EDWARDS 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 BILL EDWARDS HOMES' express written
consent. BILL EDWARDS 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.
BILL EDWARDS 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 BILL EDWARDS 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. BILL EDWARDS
HOMES does not discriminate in housing
on the basis of race, color, national
origin, religion, sex, familial status,
handicap, or disability
10. Employment at BILL EDWARDS 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, or veteran
status. Nothing herein shall be construed
as creating an offer of employment or
a modification of any terms of employment
of existing BILL EDWARDS HOMES’ employees.
All BILL EDWARDS 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., aol.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; and the Internet address
of the web site from which you accessed
the Site. We use this information to measure
the number for visitors to the different
sections of the Site and to help us make
the Site more useful. This information
is not disclosed to anyone outside of
BILL EDWARDS HOMES (save and except any
firm contracted with BILL EDWARDS HOMES
to host and/or support the Site). 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, collect information about your
activities on the Site, make it possible
to optimize and/or customize future visits,
and/or understand the size of our audience
and the traffic patterns within the Site.
You can set your browser to warn you when
a web site attempts to place a "Cookie" on your computer. If you choose to identify yourself by sending us
an e-mail or by entering information on
a form appearing on the Site: We may provide
this personally-identifying information
to a Towne Lake sales professional in
order that they may contact you and/or
send you marketing and sales information
related to BILL EDWARDS HOMES' properties.
The information gathered from you is not
disclosed to anyone outside of BILL EDWARDS
HOMES (save and except any firm contracted
with BILL EDWARDS HOMES to host and/or
support the Site). Although we do not
create a Company-wide database of this
personally-identifying information, certain
sales professionals within the Company
may create their own databases or collections
of this information. We may also distribute
or use any such information disclosed
to us in a manner consistent with the
purpose for which it is disclosed (e.g.,
customer service requests). In any event:
BILL EDWARDS HOMES may disclose or exchange
with others any information you have provided
to us if we believe the law requires us to do so or in order to protect
the rights of BILL EDWARDS HOMES, our
affiliates, 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. BILL EDWARDS HOMES does not
knowingly collect personally identifiable
information from anyone under the age
of 13.
BILL EDWARDS 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 your visiting
any web site other than the Site or what
uses are made of such information.
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