The following terms and conditions (these “Terms of Use”) govern your access to and use of the products and services offered by Hazel Valley Homes (“Company,” “we,” or “us”), the Company’s website located at https://hazelvalleyhomes.com (the “Website”), including any content, functionality, and services offered on or though the Website, (collectively the “Services”), whether as a guest or as a registered user. These Terms of Use are entered into by and between you and the Company.
By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
WE ARE NOT A LENDER, CREDITOR, MORTGAGE BROKER, LOAN ORIGINATOR, LOAN PROCESSOR, OR UNDERWRITER. WE ARE NOT A FINANCIAL INSTITUTION, A FINANCIAL ADVISOR OR A PROVIDER OF INVESTMENT ADVICE, AND WE ARE NOT ACTING AS YOUR AGENT.
THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE REVIEW CAREFULLY.
THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING THE SERVICES, CHECKING THE BOX NEXT TO A LINK TO THESE TERMS OF USE, OR LOGGING IN TO YOUR ACCOUNT, YOU ACCEPT THESE TERMS OF USE ON BEHALF OF YOURSELF.
YOU MAY NOT USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, (B) ARE NOT AT LEAST 18 YEARS OF AGE, (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW, OR (D) ARE LOCATED IN A COUNTRY OUTSIDE OF THE UNITED STATES.
We comply with and encourage the Fair Housing Act of 1968 and do not discriminate because of race, color, religion, sex, handicap, familial status, or national origin.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users and non registered users.
You are responsible for both:
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. If you request an information kit or otherwise provide information to the Company, you acknowledge this is not an acceptance to the Services and does not contain any specific terms or conditions of a final agreement. Acceptance to the Services and specific terms and conditions will be contained in a separate, written agreement. It is a condition of your use of the Services that all the information you provide on the Services is correct, truthful, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, an email, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your email, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your email or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any email, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
Additionally, you agree not to:
We may provide advisory services through the Services, including but not limited to, living, social, and technology services. While acting as an advisor, we may recommend or refer you to third parties who may provide us with direct or indirect compensation. Your relationship with any third party is strictly with that third party. We are not acting as an agent in any capacity for any third party and we are not involved in that third party’s communications, advice, services, or any other services the third party may provide.
Third parties with whom we may refer you to are independent and are not an employee, agent, joint venturer or partner of the Company. We do not control services offered by the third party. Third parties have complete discretion whether and when to provide services, and at what price and on what terms to offer them.
SERVICES AND PRODUCTS OF THIRD PARTIES THAT ARE MADE AVAILABLE THROUGH OR RECOMMENDED ON THE SERVICES ARE PROVIDED BY THIRD PARTIES, NOT THE COMPANY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF ANY OTHER SERVICE OR PRODUCT RECOMMENDED BY THE COMPANY OR OFFERED BY THIRD PARTIES THROUGH THE SERVICES, IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE SERVICES, PRODUCTS, AND COMMUNICATIONS BY THIRD PARTIES OR THE SERVICES AND PRODUCTS THAT WE RECOMMEND, INCLUDING THE SERVICES AND PRODUCTS OF OUR PARTNERS.
IN NO EVENT SHALL WE BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICE OFFERED THROUGH THE SERVICES, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services include content provided by third parties, including materials provided by other bloggers, third-party licensors, syndicators, aggregators, reporting services, and third parties with whom we may refer you to. All statements and/or opinions expressed and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials, services, or communications. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials, services, or communications provided by any third parties.
We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on the Services is subject to our Privacy Policy By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
When you request an information kit, contact us requesting additional services regarding maintenance or your membership, or otherwise provide your email and or phone number to the Company, you will receive communications including without limitation telephone calls, SMS (text messages), and emails from us our subsidiaries, affiliates or third parties. This includes communications through automated means, including autodialing, text, and pre-recorded messaging, telephone, or mobile device. This applies even if your telephone number is currently listed on any internal, corporate, state, federal or national Do-Not-Call list. By providing us with your phone number you consent to receiving phone calls and SMS (text messages) from us and acknowledge that third party data rates may apply. You can opt out of receiving communication from by emailing us at hello@hazelvalleyhomes.com.
The owner of the Services is based in the State of New York in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO
THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE INFORMATION PROVIDED THROUGH THE SERVICES IS PROVIDED SOLELY FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES. WE ARE NOT A FINANCIAL INSTITUTION, A FINANCIAL ADVISOR OR A PROVIDER OF INVESTMENT ADVICE. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ADVICE THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES OR ANY RESULTS BASED OFF INFORMATION OR ADVICE SHARED THROUGH THE SERVICES. BEFORE MAKING ANY FINANCIAL DECISIONS, INCLUDING THROUGH RECOMMENDATIONS, INFORMATION, OR ADVICE OF THIRD PARTIES IDENTIFIED THROUGH THE SERVICES, YOU SHOULD OBTAIN ADDITIONAL INFORMATION AND ADVICE OF A FINANCIAL ADVISOR AND OR AN ACCOUNTANT WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. WE ARE NOT RESPONSIBLE FOR ANY POSSIBLE FINANCIAL LOSS YOU MAY EXPERIENCE AND WE DO NOT MAKE ANY CLAIMS, REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY FINANCIAL OUTCOME OR RESULT.
WE ARE NOT A LENDER, CREDITOR, MORTGAGE BROKER, LOAN ORIGINATOR, LOAN PROCESSOR, OR UNDERWRITER. WE DO NOT AID OR ASSIST IN OBTAINING LOANS OR LOAN APPLICATIONS OR ASSIST IN MAKING LOAN APPLICATION DECISIONS. WE ARE NOT YOUR AGENT OR AN AGENT OF ANY LENDER, BROKER OR MORTGAGE OR LOAN PROFESSIONAL. WE ARE NOT A LICENSED REAL ESTATE AGENT OR A REAL ESTATE BROKER.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OUR TOTAL LIABILITY RELATED TO OR ARISING OUT OF THESE TERMS OF SERVICE, OUR PRIVACY POLICY OR THE SERVICES EXCEED THE AGGREGATE SUM OF $500.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the services, including, but not limited to, your Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(b) ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO SERVICES THROUGH THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION LOCATED IN NEW YORK COUNTY, NEW YORK USA.
(c) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf or by calling the AAA at 1-314-310-3095.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
(d) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(e) You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Opting Out. You can opt out of this arbitration provision within 30 days of the date that you agreed to these Terms of Use. To opt out, you must send your name, address, the email address associated with your account, and a clear statement that you want to opt out of this arbitration agreement to hello@hazelvalleyhomes.com.
If for any reason, a claim proceeds in court rather than arbitration, the claim shall be resolved exclusively in the state and federal courts located in New York County, New York, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such courts.
The following claims may be brought in court: violations of our Terms of Use or efforts to interfere with the Services or engage with the Services in unauthorized ways.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
We are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control, including but not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers, or third party service providers.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. Your Comments and ConcernsAll other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to hello@hazelvalleyhomes.com.
