Your access to and use of the services of CT Homes, LLC (the “Company”), available through www.cthomesllc.com and/or any other related website or application (collectively, the “Website”), shall be governed by the following terms and conditions of use (“Terms”). Please review these Terms carefully. By accessing, visiting, browsing or using any part of the Website, you agree that you have read and understood the following terms and conditions of use, and agree to be bound by and comply with them. These Terms will apply to every access to the Website. The Company reserves the right to revise these Terms by publishing a revised version of this document on the Website: that version will then apply to all use by you following the date of publication. Continued use of the Website following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms, and each access of information from the Website will be a separate, discrete transaction based on the then-prevailing terms. If you do not agree to these Terms, do not access or interact with any part of the Website.
Restrictions On Use of Materials
Materials on the Website are copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by U.S. and international copyright laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission of the Company. All of the trademarks on the Website are trademarks of the Company, the legal owners and authors of www.cthomesllc.com, or of other owners used with their permission. The display of trademarks on the Website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents herein may be a violation of federal trademark and/or copyright laws and could subject the copier to legal action.
Liability
The materials on the Website are provided “as is” and without warranties of any kind, either express or implied. Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Company does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. Company does not warrant or make any representations regarding the use or the results of the use of the materials on the Website in terms of their correctness, accuracy, reliability, or otherwise. You (and not the Company) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
To the fullest extent permissible pursuant to applicable law, Company and each of its respective officers, director, employees, agents, licensors, representatives and third-party providers will not be liable to you for any compensatory, consequential, incidental, exemplary, indirect, special or similar damages that may result from the use of, access to, or the inability to use, the Website or any materials contained on the Website, whether the material is provided or otherwise supplied by Company or any third party.
Facts and information on the Website are believed to be accurate at the time they were placed on the Website. Changes may be made at any time without prior notice. All data provided on the Website is to be used for information purposes only. The information contained on the Website is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard.
Use of Third-Party Hyperlinks and Websites
The Website may contain hyperlinks or references to other websites outside of our control or operated by third parties. Company is not responsible for, nor shall it be liable to you for your access and use of any such hyperlinks or websites. The appearance on the Website of external hyperlinks to third-party websites, in any form, does not constitute endorsement by Company of the opinions or views expressed by any such third-party websites and we do not take responsibility for the accuracy, currency, completeness, or quality of the content contained at such websites. Furthermore, Company is not responsible for the quality or delivery of the products or services offered, provided, accessed, or advertised by any third party. As such, Company will not be responsible or liable to you in any way for any content, errors, or omissions, or for the results obtained from the use of any information contained in or provided to those third-party sites.
User Submissions
To the extent that the Website provides functionality allowing users to upload, submit, or otherwise transmit any information, image(s), photograph(s), location data, or other material or communications (e.g., user-generated content such as testimonials, reviews or any other type of submission (each a “Submission”)), via or in connection with the Website, the following conditions apply.
USE OF YOUR SUBMISSION. By posting or otherwise submitting your Submission you hereby irrevocably assign (and agree to assign) to Company, free and clear of any restriction or encumbrances, all of your rights, title and interest in and to the Submission posted or submitted, including, without limitation, all copyrights, rights in patents, rights in trade secrets, and all rights incidental, subsidiary, ancillary, or allied thereto (including, without limitation, all derivative rights) in and to the Submission. To the extent the assignment granted above fails for any reason, you hereby grant to Company an exclusive, perpetual, irrevocable, royalty-free, worldwide license under your intellectual property rights, with the right to sublicense to third parties the right, to make, access, practice, sell, offer for sale, export, import, copy, use, modify, prepare derivative works from, distribute, publicly display, publicly perform, and otherwise exploit in any manner those Submissions with respect to which the foregoing assignment shall have failed. You agree to execute any documents and take any other actions as may reasonably be necessary, or as Company may reasonably request, to evidence, perfect, maintain and enforce Company’s ownership of or license to any such Submissions. In addition to the foregoing, Company shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Company deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. You represent and warrant to Company as follows: (a) you are voluntarily submitting the Submission; (b) you understand that no copy of your Submission will be returned to you; (c) the content of the Submission is previously unpublished and is original to you (or, if you are not the person that created the Submission, the person who created the Submission has assigned to you all rights necessary to allow you to assign and grant to Company the rights assigned and granted (as the case may be) pursuant to these Terms); (d) the Submission does not disparage Company or its competitors, does not contain any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, and does not contain the names of any people (including, without limitation, any celebrities) or any non-Company trademarks; (e) the content of the Submission is not the subject of any actual or threatened litigation or claim; and (f) neither the Submission, nor the use of the Submission by Company in any manner, venue or media, whether now known or hereafter devised anywhere at any time for any purpose (including, without limitation, for purposes of advertising, promoting and publicizing Company and its products and services), will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. You hereby agree to indemnify and hold harmless Company from and against any and all third-party claims, actions, or proceedings of any kind, and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach by you of any of your warranties, representations, or agreements hereunder.
Disputes
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate the intellectual property rights of Company and/or its affiliates, Company and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.If any other dispute arises under these Terms, we agree to first try to resolve it with the help of a mutually agreed-upon mediator with the Judicial Arbitration and Mediation Service (“JAMS”) in San Diego, California. We will be separately responsible for our respective attorneys fees and the costs and fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in San Diego, CA. This agreement to arbitrate shall be governed by, and enforceable under, the Federal Arbitration Act (“FAA”). Any such arbitration shall be in accordance with the Comprehensive Arbitration Procedures of JAMS, as modified by the Optional Expedited Arbitration Procedures adopted by JAMS. If we cannot agree on the arbitrator after our best efforts, an arbitrator from JAMS will be selected pursuant to the Comprehensive Arbitration Rules and Procedures of JAMS in San Diego, California. Judgment upon the award made by the arbitrator may be entered in any court having jurisdiction. Each party shall be responsible for its own attorneys fees and costs and shall each be responsible for one-half of administrative costs and fees associated with any arbitration. You agree to bring any claims on an individual basis and waive, to the fullest extent permitted by the applicable law, the right to bring class, collective, and/or other representative actions.
If any provision of these Terms is void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby. Notwithstanding the foregoing, if an arbitrator or a court of competent jurisdiction declares invalid or unenforceable the provision concerning waiver of a class, collective, or other representative action (contained above), only the claims that the arbitrator or court finds can be arbitrated on an individual basis shall be arbitrable under this provision, and any remaining claims must be pursued in court.
Termination
These Terms will remain in full force and effect as long as you continue to access or use the Website. You may terminate this agreement at any time by destroying all materials obtained from the Website, all related documentation, and all copies and installations thereof, whether made under these Terms or otherwise. Company may terminate this agreement, at its sole discretion, should you fail to comply with any provision of these Terms. Notice of any such termination shall be provided on the Website, via electronic mail or other Account on the Website. Upon termination, you must destroy all materials obtained from the Website and all copies thereof, whether made under these Terms or otherwise. Termination of your Account or discontinuation or modification to the Website and any products and services accessed through the site shall not entitle you to any refund for any products or services.
Effective Date of Terms of Use
These Terms of Use are effective and were last updated on October 1, 2024
