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Terms of Use Welcome to NCHomes.com's website. The following Terms of Use govern your use of this website and any services that are offered here. By using this site or the services provided thereon, you agree to be, and are, bound by these Terms of Use. These Terms of Use may be updated by NCHomes.com from time to time, so please check back frequently. You acknowledge and agree that your continued use of NCHomes.com or services after any such update signifies your acceptance of such modified Terms of Use. Because this is a legal agreement between you and NCHomes.com, please print out and retain a copy for your records. If you do not agree to these Terms of Use, you are not authorized to access or use this site or the services provided here. 1. OWNERSHIP The trademarks, logos, and service marks displayed on NCHomes.com's website (collectively, the "Marks") belong to NCHomes.com and others. NCHomes.com and all other trademark owners retain all rights in and to the Marks, and nothing in these Terms of Use grants you or anyone else any right whatsoever to the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent. Unless expressly stated on the NCHomes.com website, you should assume that all content, images, and materials appearing on this website (collectively, the "Content") are the sole property of NCHomes.com. Such Content is protected by European, Canadian, U.S. and international copyright laws and treaties. You may not use, reproduce, display, or sell any Content without NCHomes.com's prior written consent. You may not link to any page within our website (other than the home page, www.NCHomes.com) or frame any portion of the site without NCHomes.com's prior written consent. 2. TERMINATION OF SERVICES/WEBSITE NCHomes.com may modify or discontinue its website or the services it provides at any time, and for any reason, with or without notice to you. NCHomes.com will not be liable to you or any third party as a result of such modification or discontinuation of any website or services. The provisions of these Terms of Use will survive any termination of this website or any services provided by NCHomes.com. 3. DISCLAIMER You acknowledge and agree that your use of our website and the services we offer is at your own risk. Without limiting any other provision contained in these Terms of Use, everything on the website and the services we offer are provided to you "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NCHOMES.COM HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. NCHOMES.COM MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE NCHOMES.COM WEBSITE IS ACCURATE OR COMPLETE, OR THAT THE NCHOMES.COM WEBSITE OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR WILL BE SUITABLE FOR YOUR NEEDS OR INTENDED APPLICATIONS. 4. LINKS Our website may contain links to other Internet websites or resources. You acknowledge and agree that NCHomes.com is not responsible or liable in any way for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on our website does not imply that NCHomes.com endorses any of the linked sites. You use the links at your own risk. 5. REGISTRATION AND ACCOUNT USE You agree that any information you provide in response to NCHomes.com's registration and other forms will be true, accurate, current and complete. In particular, you agree not to misrepresent your identity to NCHomes.com. By submitting any information to NCHomes.com, you grant NCHomes.com the right to use this information to provide any services you request and for any other purpose that is consistent with our privacy policy. If you become a registered user of our site or services, you will receive a password for accessing your account information. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. NCHomes.com will not be liable for any loss that you may incur as a result of any third party's use of your password or account, either with or without your knowledge. You may not use anyone else's password at any time. 6. LIMITATION OF LIABILITY If you do not agree with our Terms of Use or if you are not satisfied with our website or any of the services that NCHomes.com provides, your sole remedy is to discontinue your use of the NCHomes.com website and services. NCHOMES.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT (EXCEPT AS EXPRESSLY PROVIDED IN NCHOMES.COM'S MEMBERSHIP AGREEMENT FOR PAID SERVICES), INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE NCHOMES.COM WEBSITES OR SERVICES, AND WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NCHOMES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF NCHOMES.COM'S WEBSITES AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. 7. INDEMNITY You agree to defend, indemnify, and hold harmless NCHomes.com, its officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the NCHomes.com website, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights. 8. MODIFICATIONS TO TERMS OF USE No modification to these Terms of Use will be effective unless: (a) posted by NCHomes.com on the NCHomes.com website; or (b) expressly agreed to in writing on NCHomes.com's letterhead and signed by an executive vice president or higher-level officer of NCHomes.com. Any modification posted on this site will become effective immediately, and your continued use of NCHomes.com's websites or the services it offers will signify your acceptance of such modified terms. 9. GENERAL PROVISIONS These terms will be governed by and construed solely in accordance with the laws of the North Carolina, excluding that body of law governing conflict of laws. Both you and NCHomes.com agree that any legal action or proceeding relating to or arising out of these Terms of Use or your use of NCHomes.com's website or services will be brought exclusively in a court of Forsyth County, North Carolina, and by agreeing to these Terms of Use you submit to the personal jurisdiction of, and venue in, such courts. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches, nor does it affect your obligations or NCHomes.com's rights and remedies under these Terms of Use in any other way. Except for other agreements, terms, or policies appearing on the NCHomes.com website, these Terms of Use set forth the entire understanding and agreement between you and NCHomes.com regarding the subject matter hereof. 10. ADDITIONAL INFORMATION This website is owned and operated by EVCO Enterprises, LLC. Any questions relating to this website or these Terms of Use may be directed to evans.wroten@NCHomes.com. Thank you for using the NCHomes.com website. |
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