2. Eligibility. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Website and/or Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
4. Equal Housing Opportunity: All real estate and service information provided on this Website is subject to the Federal Fair Housing Act and state or other local regulation. The Fair Housing Act makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an intention to make any such preference limitation, or discrimination.” The Company is committed to complying with these policies for the achievement of equal housing opportunity throughout the nation. The Company encourages and supports an affirmative advertising and marketing program in which there are no barriers and makes all residences available on an equal opportunity basis.
5. No Representations and Warranties: Neither Perch Houses, Inc. and its subsidiaries, nor any of its other affiliates (collectively, the “Company”) make any representation or warranty of any kind with respect to the materials and information contained on the Website. Your use of the Website is at your own risk. Although the Company attempts to provide accurate information, the Website is intended to be for general reference and informational purposes only. The Company assumes no responsibility for errors or omissions in the content of the Website and makes no commitment to update such information. Your sole and exclusive remedy for issues relating to the use of, or the material on, the Website shall be to discontinue accessing the Website and using the information or material obtained. You and the Company agree that the Company shall not be liable for any damages relating to your use of, or reliance upon, the Website or any of its content. When utilizing the Website please keep the following in mind:
Product Information May Be Incomplete. In the interest of continuous improvement, the Company reserves the right to modify or change services, materials, and features without prior notice or obligation. Such changes may not always be reflected on the Website. Applicable fees and charges may not be disclosed on the Website. Although every effort has been made to ensure that the prices and terms contained herein are accurate and current, at any time such prices and terms are subject to change. All renderings in these materials are conceptual drawings and will vary from the actual plans and homes. Square footage numbers are approximate and may vary depending on the standard measurement used. Any photographs or renderings of people in these materials do not depict racial preference. Please consult a sales representative for a specific price or other information regarding homes and communities.
The Company Undertakes No Duty to Keep the Website Updated. Product and other information, including availability, are subject to change at any time. The Website may contain inaccurate, incomplete, or out-of-date information. Prices may Increase or decrease at any time. Postings to the Website are made at such times as determined by the Company in its discretion. Users of the Website should not assume that the information contained on the Website has been updated or otherwise contains current information. The Company does not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no duty to take any action regarding: (i) which users gain access to the Services, (ii) what content you access via the Services/Website; or how you may interpret or use the content/Website.
We make no representations concerning any content contained in or accessed through the Services/Website and will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Services/Website. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INC.LUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
6. No Offer To Sell/Contract: No information or material on this Website is to be construed to be an offer or solicitation for sale and/or contract. All homes and/or services about which information is provided herein are subject to prior sale and/or contract. The information on this Website is provided for informational purposes only.
7. Forward-Looking Statements: Certain statements and information on this Website and in the Company’s, press releases and other reports are “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995. Such statements involve known and unknown risks, uncertainties, and other factors that may cause actual results to differ materially from the expectations expressed herein or in such press releases or other reports. Such factors include, but are not limited to, changes in general economic conditions, the availability and cost of materials and labor, interest rates, consumer confidence, weather conditions, competition, environmental matters, governmental regulation, and other factors as may be noted from time to time.
8. No Tax, Investment, or Legal Advice: The content and information presented on the Website is for informational and promotional purposes only and is not intended to offer specific tax, investment, or legal advice of any kind. References to tax and other laws are intended to convey the gist of general rules only and do not describe the various exceptions, limitations, and rules for special situations that frequently accompany such general rules.
ALL USERS ARE EXPRESSLY ADVISED TO CONSULT WITH THEIR OWN TAX, INVESTMENT, AND/OR LEGAL PROFESSIONALS BEFORE MAKING ANY PURCHASE OR INVESTMENT DECISIONS. BY USING THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THE WEBSITE TO MAKE ANY INVESTMENT OR PURCHASE DECISION.
9. Release, Disclaimer, and Limitation of Liability: You are solely responsible for your interactions and arrangements with other individuals, including users and/or residents. We make no representations or warranties as to (i) the conduct of users or residents, (ii) users’ or residents’ compatibility with current or future residents, or (iii) any information concerning any activities or arrangements suggested by users or residents. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE PERCH HOUSES, INC., ITS MEMBERS, OWNERS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INC.LUDING ANY AND ALL CLAIMS FOR ACTUAL, INC.IDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THE WEBSITE OR THE USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INC.LUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. You agree to take reasonable precautions and exercise the utmost personal care in all interactions with other users or residents or any other individual you come into contact with through the Website and/or Services, particularly if you decide to meet such users, residents or individuals in person. You understand and agree that we make no guarantees, express or implied, regarding your compatibility with users, residents or other individuals you meet through the Websites and/or Services. We advise you to use the utmost caution before sharing any personally identifiable information with others.
10. Indemnification. You shall defend, indemnify, and hold harmless Company, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, content, Website, violation of these Terms of Service, or infringement by you, or any third party using your account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
11. Termination. Company may terminate your access to all or any part of the Services/Website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of information. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Links to Other Sites: While on the Website, you may be referred to websites other than the Company’s Website. A link from the Website to such a third-party website does not imply endorsement of that site nor any ability to control that site’s privacy practices. The Company has not reviewed or endorsed any third-party website, and you hereby acknowledge and agree that the Company shall not be responsible for the content, products, or services offered on such websites. Be aware that third-party websites may collect data and personal information and operate according to their own privacy practices. Therefore, you should carefully review the privacy policies of third-party websites before submitting any personal information to them. You are responsible for compliance with all laws regarding material obtained from any third-party websites.
13. Rules of Conduct. As a condition of use, you promise not to use the Services/Website for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services/Website. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service/Website, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; impersonates any person or entity, including any of our employees or representatives; or includes anyone’s identification documents or sensitive financial information. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services/Website; (ii) modify, translate, or otherwise create derivative works of any part of the Services/Website, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. Company reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce these Terms of Service, detect, prevent, or otherwise address fraud, security or technical issues or protect the rights, property or safety of us, our users and the public.
10. Intellectual Property: The information on the Website including, without limitation, all design, text, images, photographs, press releases, and other information, is protected under the United States and other copyright laws and is owned by the Company and/or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the Company’s prior written consent, except to the extent that such use is authorized under the United States and other relevant copyright laws. The Company’s trademarks, logos, images, and service marks used on the Website are the property of the Company and may not be used without the prior written consent of the Company and without proper acknowledgment. All other trademarks and/or logos are the property of their respective owners.
11. Children: To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, we do not knowingly provide products or services to children under the age of 13. The Website is a general audience site that is not designed nor intended to collect personal information from children under the age of 13. If you are under 13 years old, you should not request any information nor provide any Personal Information to the Website.
12. Governing Law: The laws of the State of Virginia without reference to any choice of law provisions shall govern any claims relating to the materials on the Website.
13. Severability: If any term of this Agreement is declared unlawful, void, or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms.