These Terms of Use (“Terms of Use”) apply exclusively to your access to and use of this website (the “Site”). This Site is presented to you by Jarrell Properties, Inc. (the “Company”). These Terms of Use do not alter in any way the terms and conditions of any agreement you may have with Company or any entity affiliated with the Company.

If you do not agree with any of these Terms of Use, do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.

Privacy Policy Your use of the Site is also governed by the Privacy Policy, which is available at http://www.jarrellinc.com/privacy and incorporated by reference into these Terms of Use.

 

Use of Copyrighted Materials and Trademarks

Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship (collectively the “Materials”) are copyrighted materials owned by or licensed to Company. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Company and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, subject to the following conditions: 1) Any copy of the Materials or portion thereof must include all copyright notices appearing on the original. 2) Company reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from the Company. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Company, its affiliates, or any third party, and, except as expressly provided herein, all such IP Right in the Materials on the Site are expressly reserved to the Company, its affiliates, and/or any third party, as applicable.

 

Hyperlinks to this Site

You are granted a limited, nonexclusive right to create a “hypertext” link to the Site provided that such link is to the entry or home page of this Site and does not portray the Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Company at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the Materials found at or on the Site, the content of any text or the layout/design of any page of the Site or any form contained on a page of the Site without the express written consent of Company in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing a Company or Company affiliate name, trademark, or product name without Company’s express written consent in each instance.

 

Links to Third Party Websites

The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Company. If you use these links, you may leave the Site. Company has not reviewed any of these third party sites and does not control and is no t responsible for any of these sites or their content. Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.

 

DISCLAIMER OF WARRANTIES

Company makes no, and hereby disclaims all, warranties, express, implied and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, compliance with Federal, State and local regulations, the accuracy, timeliness, relevance, reliability or completeness of the Site or the Materials or any other warranties regarding the Site, Materials or the quality, suitability, truth, accuracy, timeliness, relevance and completeness of any content or other materials contained on the Site. You acknowledge and agree that Company does not warrant that access to the Site will be uninterrupted, or error-free. The Site is made available “as is” and “with all faults”.

All maps, plats, illustrations, descriptions, summaries, prices, sketches and other information contained in this Site are provided solely for illustrative purposes, and shall not be binding upon Company in any way. Although the Company seeks to keep the Site updated at all times, the Company reserves the right to modify any and all aspects of its developments, including, but not limited to, prices, availability, amenity packages, lot layout, lot size, shape and dimension, architectural features and standards and all other matters whether or not such modifications are accurately reflected in the Site, and Company has no obligation to update the Site at anytime.

Homes within any community referred to in the site are constructed and sold by builders not affiliated with Company. Neither Company nor any of its affiliates warrant or guarantee the obligations, construction, or pricing of builders who may build and sell home in any community. Future development of any community being developed by Company or any of its affiliates may or may not occur as shown on illustrations, depictions or maps.

Company seeks to work with reputable builders, however, each builder operates independently and is not affiliated with Company. Buyers of homes in communities contract directly with the builder and must rely solely on their own investigation and judgement of the builder’s construction and financial capabilities inasmuch as neither Company nor any of its affiliates warrants or guarantees such capabilities, nor does Company or any affiliate of Company warrant or guarantee the design, pricing, engineering, construction, or availability of any home or any other building constructed by such builder at a community or the obligations of any such builder to the buyer.

 

LIMITATION OF LIABILITY

Company shall not be liable to you or any third party claiming through you for any damages in connection with your use of the Site, your inability to use the Site or any content appearing on the Site. In no event will Company be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Company has been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Company for damages under these Terms of Use exceed one hundred dollars ($100.00). Certain jurisdictions might not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

 

Equal Opportunity

Company is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. Company encourages and supports an affirmative advertising and marketing program in which there are not barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

 

Press Releases

The information contained within press releases issued by Company and its affiliates should not be deemed accurate or current except as of the date the release was posted. Company and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

 

Revisions to these Terms of Use

You agree that Company can revise these Terms of Use at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms of Use.

 

General Provisions

Enforcement of these Terms of Use will be governed by Virginia law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use, or your use of the Site, wi lllie in the state or federal courts located in Fredericksburg, Virginia, and you irrevocably agree to submit to the jurisdiction of such cowts. The failure of Company to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

 

Contact Us

If you have any questions regarding the Site, please contact Company by sending an email to corporateprivacyinfo@jarrellinc.com.

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