TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS ("Terms" or "Terms and Conditions") CAREFULLY BEFORE USING THIS WEBSITE. The Website ("Website" or "Site") is comprised of various web pages operated by Harbor Custom Development, Inc., d/b/a Harbor Custom Homes (“HCH” or the “Company”), and your use of the Site is conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Terms”). Please read these Terms carefully, and keep a copy for your reference. Your use of this Site shall be deemed acceptance of these Terms. If you are under the age of eighteen (18), you must ask your parent or guardian for permission to use this Site.
1. General Terms and Conditions
The following Terms apply to all use of this Site. By accessing or using the Site, you agree to be bound by the Terms. The Content offered on this Site is provided with the understanding that neither HCH, nor any of its affiliated entities, is engaged in rendering legal or other professional services or advice with respect to your use of this Site or otherwise. Your use of the Site is subject to all additional disclaimers, limitations, and notices that may appear throughout the Site.
3. Your Account
If you have set up an account through one of HCH’s portals, you agree that you shall be solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HCH is not responsible for third party access to your account resulting from theft or misappropriation of your account. HCH and its affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit the Content on this Site in HCH’s sole discretion.
4. General Disclaimers
HCH, its subsidiaries, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Site. While Harbor strives to keep Content on this Site updated, accurate, and complete, Harbor, its agents, and affiliated entities will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content.
The Content provided on this Site is intended for informational purposes only and is not intended to constitute an offer or solicitation of any kind. Any information about homes and/or land for sale on this Site, including but not limited to: availability, construction timeline(s), plans, layouts, amenities, finishes, square footage, color schemes, and all other aspects of the homes and/or land, is subject to confirmation by an Online Sales Advisor, real estate broker, and/or your own due diligence, and shall be further subject to the terms and conditions of any sales agreement you enter into. Despite the efforts of HCH to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. HCH assumes no responsibility or liability for any actions taken as a result of using this Site, or for errors or omissions in the Content on this Site.
THIS SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED ON AN "AS IS", WHERE-IS, WITHOUT FAULT BASIS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY (INCLUDING THAT ANY PARTICULAR HOME OR SITE CAN BE USED FOR A BUYER’S INTENDED PURPOSES OR THAT ANY APPLIANCES, UTILITIES, FIXTURES, OR OTHER AMENITIES WILL WORK AS EXPECTED), HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HCH DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED ON THIS SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. HCH DOES NOT AGREE TO CORRECT ANY DEFECTS IN THE CONTENT HEREIN, OR TO ENSURE THAT THIS SITE OR ANY SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HCH IS NOT RESPONSIBLE FOR THE ACTS OF ANY THIRD PARTIES WHICH MAKE THE SITE OR SERVER UNSAFE FOR USE.
3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER ALL APPLICABLE LAWS, HCH SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS SITE, EVEN IF HCH HAS BEEN ADVISED THAT SUCH DAMAGES MAY BE POSSIBLE.
4. Links to and from This Site
HCH does not have responsibility and shall not be liable for the accuracy or availability of information provided by Websites which are linked to the Site via computer "Links." Links to external Websites are provided merely as a convenience to Users and do not constitute an endorsement by HCH of such Websites or the content, products, advertising, or other materials presented on such Websites, including any changes or updates thereto.
5. Equal Housing Opportunity
All real estate information provided herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination." Your state or local jurisdiction may impose additional requirements. HCH is dedicated to the United States policy for the achievement of equal housing opportunity. HCH encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion sex, handicap, familial status, or national origin. All dwellings within the United States advertised by HCH and its affiliated entities are available on an equal opportunity basis.
6. Specifications, Prices, Terms, Renderings and Other Information
Although every effort has been made to ensure that the prices and home descriptions contained on the Site are accurate and current, such prices and descriptions are subject to change, prior sale, selected lot premiums and/or predetermined options. Prices shown generally refer to the base house and do not include any optional features. Community descriptions, guard gates, site layouts, appliances, finishes, and other amenities photographed or described are not guaranteed, are subject to availability, may be subject to upgrade fees, and may change without notice. All renderings and floor plans depicted are an artists' conceptual drawings and will vary from the actual plans and as built homes. Square footage numbers are approximate and may vary depending on the measurement standard used (e.g. ANSI, American Measurement Standard). HCH reserves the right to make changes to its home designs and to build more or fewer homes than currently planned.
Photos and/or drawings of homes may show upgrades and may not represent the lowest-priced homes in the community. Photos and/or drawings of land development activities, “building green”, and description of processes or tips are for informational purposes only and are not intended to guarantee any specific component of land development for a site, type of equipment used, approval processes, or any other aspect of land development or building green. HCH cannot control future development or approval processes and does not guarantee the outcome of any specific land development activity. Views vary significantly by lot location and may be affected by future development.
Payment of any buyer’s Broker fee will be subject to certain conditions including, but not limited to, evidence that the buyer was accompanied by the broker on the Buyer’s first visit to the home. Please consult an Online Sales Advisor for specific price or other information for each community or for any particular house, lot, or plan you have interest in.
7. Employment Opportunities
HCH is an equal opportunity employer. Nothing in these materials constitutes an offer of employment. Although HCH will use reasonable efforts to maintain confidential any personal resumes or information submitted to it, HCH cannot guarantee that confidentiality will be maintained.
Copyright ©2021 HCH.
The entire Content included in this Site is copyrighted under the United States and other copyright laws, and is the property of HCH. The Content may include work that is licensed to HCH. Copyright ©2021 HCH. All rights reserved.
The Content on this Site is provided by HCH for personal informational purposes only. Any violation of the foregoing conditions or use will subject you to the possibility of prosecution for violation of applicable laws.
No Content from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may display and, subject to any expressly stated restrictions or limitations relating to specific content set forth herein, download or print portions of the Content from the different areas of the Site solely your own non-commercial use, or towards your prospective purchase of a home, provided that you acknowledges and agrees that all homes about which information is provided herein are subject to prior sale, and that prospective purchasers must consult with an Online Sales Advisor, real estate broker, or HCH’s office to purchase a home. Any other use is strictly prohibited, including but not limited to reproduction, distribution, display or transmission of the Content of this Site. You furthermore agree not to change or delete any proprietary notices from Content downloaded from the Site.
Harbor Custom Development, Inc TM
By using this Site and/or creating an account, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on this Site, satisfy any legal requirement that such communication be in writing. HCH may also deliver notice to you by means of general notice on the site, or by written communication delivered by first class U.S. mail to the your address on record with HCH, if any.
11. Unsolicited Proposals
Please do not send, submit, or otherwise provide to HCH or any of its officers, employees, or representatives, any unsolicited ideas, works, materials, proposals, suggestions, artwork, content, designs, floorplans, product designs or the like, including for home construction, architectural plans, advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (collectively, all of the foregoing "Proposals") by any method of communication (be it online, electronic, in person, or in writing). HCH, its employees, officers, directors, and affiliates, will not accept, review, or consider any Proposals.
The purpose of this policy is to avoid potential disputes if HCH’s designs, civil engineering plans, architectural plans, floor plans, products, product designs, services, technologies, advertising, promotions, marketing strategies or content might seem similar to Proposals you provide to HCH. If, despite HCH’s request, you proceed to submit a Proposal, then regardless of what you or your correspondence states, the following terms will apply to your Proposals.
You agree that: (1) HCH is not under any obligation to review, respond or reply to any Proposal, or to return any materials sent to HCH with any Proposal; (2) HCH shall automatically be deemed to own your Proposal and its contents along with any related intellectual property rights, and you shall not be entitled to any compensation therefor; (3) HCH will be free to use, redistribute or disclose the Proposal and its contents for any purpose and in any way on an unrestricted basis without compensating you; (4) HCH has no obligation to keep any Proposals confidential; (5) your Proposals shall be deemed non-confidential and non-proprietary.
12. Applicability of Terms and Conditions
The use of the Site shall be governed in all respects by the laws of the state of Washington, U.S., without regard to any choice of law provisions. The 1980 UN Convention on the International Sale of Goods is hereby expressly disclaimed.
If a provision of this Agreement is held to be or becomes invalid or unenforceable, that shall in no way affect, impair or invalidate any other provision in this Agreement. Such provision will be deemed to be amended to the minimum extent necessary to render it enforceable, and the remaining provisions will remain in full force and effect to the greatest extent permitted by law.
“All rights reserved. Information provided on this website reflects views and representations of management. House plans, specifications, pricing and data shown are subject to change and herein are the exclusive property of Harbor Custom Development, Inc.” LIC. HARBOCH813PB.