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This section sets forth the Terms and Conditions of your use
of this CPS Land, LLC (sometime referred to as "us,"
"we," and "our") Web site. PLEASE READ
THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THIS WEB SITE
AND THE CPS LAND, LLC PRIVACY POLICY CAREFULLY BEFORE USING
THIS WEB SITE.
All users ("Users") of this Web site ("the
Web site") agree that access to and use of this Site
are subject to the following Terms and Conditions and applicable
federal, state and local laws. If you do not agree to these
Terms and Conditions, please do not use this Site.
General Terms and Conditions
The following Terms and Conditions apply to all use of this
Web site by Users. By accessing or using the Web site, each
User agrees to be bound by the Terms and Conditions. We provide
the information, services, text, graphics, links or other
material ("the Content") on this Web site to the
User, conditioned on the User's acceptance, without modification,
of the Terms and Conditions.
The Content offered on this Web site is provided with the
understanding that neither we, nor any of our agents, employees
or affiliated entities, are engaged in rendering legal or
other professional services or advice. The use of the Web
site is subject to the additional disclaimers, caveats, and
notices that may appear throughout the Web site.
Web Site For Informational Purposes
Only
The Content provided on this Web site is intended for informational
purposes only and is not intended to constitute an offer or
solicitation. All homes about which information is provided
herein are subject to prior sale. Prospective purchasers must
visit a Sales Office to purchase a home. No binding agreement
to sell, purchase, or finance a home shall arise out of the
use of this Web site. Do not rely on any information contained
herein without verification by contacting a Sales Office.
This website does not constitute an offer to sell nor a solicitation
of an offer to purchase real property. Certain architectural
elements, community facilities, services and amenities described
herein are in the planning stages, some are not yet in development
and are subject to change. Some community plans depicted herein
are conceptual.
Disclaimers
CPS Land, LLC, its employees, subsidiaries, and 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 Web site. While we strive to keep Content
on this Web site updated, accurate, and complete, we, our
employees, agents, or affiliated entities will not be responsible
for any damage or loss related to the accuracy, completeness,
or timeliness of the Content.
Despite our efforts to provide accurate information on this
Site, it is not possible to ensure that all information is
correct or up to date. We therefore assume no responsibility
or liability for any actions taken as a result of using this
Web site, or for errors or omissions in the Content on this
server.
We make no representation that the operation of our Web site
will be uninterrupted or error-free, and we will not be liable
for the consequences of any interruptions or errors.
THIS WEB SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, CPS LAND, LLC, DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING
OUT OF A COUSRSE OF DEALING, PERFORMANCE OR TRADE USAGE. CPS
LAND, LLC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED
IN THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY,
OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED
OR ERROR-FREE. CPS LAND, LLC DOES NOT UNDERTAKE TO CORRECT
DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS SITE OR THE
SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CPS
LAND, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE
THE CONTENT IN THIS SITE, EVEN IF CPS LAND, LLC HAS BEEN ADVISED
OF THE POSSIBLITY OF SUCH DAMAGES.
Links To And From This Web Site
Our site may provide links to external web sites, including
web retail web sites offering products for sale. We do not
have control or responsibility over these linked web sites,
and therefore, we are not liable for their privacy policies,
the accuracy or availability of information provided by those
web sites, nor can we be responsible for any damage which
may occur while visiting those sites. Links to external web
sites are provided merely as a convenience to Users and do
not constitute an endorsement by us of such web sites or the
content, products, advertising, or other materials presented
on such web sites, including any changes or updates thereto.
We make no express or implied warranties or representations
with respect to the content, use of, or products sold through
such linked sites, and disclaim all liability with respect
to such linked sites.
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. We are committed to strictly
observing all federal, state and local fair housing and anti-discrimination
laws. All housing developments are offered on an equal opportunity
basis. No racial, ethnic or other preference is intended by
the use of models of certain racial or ethic backgrounds in
photographs or renderings that appear in this Web site.
Specifications, Prices, Terms, Renderings, Homeowners' Associations
and Other Information We endeavor to maintain the information
on the Web site current, accurate and complete. However, in
a continuing effort to meet consumer expectations, we reserve
the right to modify floor plans, features, specifications,
amenities, appliances, maps, prices, terms, and conditions
at any time without notice. Model homes may be shown with
special wall, floor and window treatments, landscaping, decorative
features, appliances, upgrades, and other items which are
either optional, or for use only in the model homes. Unless
stated otherwise, the prices quoted in this Web site do not
include optional or upgraded items. All renderings, maps and
floor plans are an artists' depiction, and may vary from the
actual construction. All measurements, including square footages,
are estimates, and may differ from the actual construction.
Please do not rely on any information contained herein without
contacting a realtor for verification and further details.
Certain CPS Land, LLC neighborhoods are subject to recorded
covenants, conditions and restrictions, and/or require membership
in a homeowners' association which assesses fees for the maintenance
of the common areas, and also enforces the recorded covenants,
conditions and restrictions.
Copyright
Copyright © 2005 CPS Land, LLC. All rights reserved.
The entire Content included in this Web site is copyrighted
as a collective work under the United States and other copyright
laws, and is the property of CPS Land, LLC. The collective
work includes works that are licensed to CPS Land, LLC. The
Content is provided by us as a service to the public and is
to be used for personal informational purposes only. Any violation
of the foregoing conditions or use will subject the User to
the possibility of full prosecution under applicable law.
No Content from this Web site may be copied, reproduced,
republished, uploaded, posted, transmitted or distributed
in any way, except that the User may display and, subject
to any expressly stated restrictions or limitations relating
to specific Content, download or print portions of the Content
from the different areas of the Web site solely for the User's
own non-commercial use, or towards making a purchase of a
home, provided that the User acknowledges and agrees that
all homes about which information is provided herein are subject
to prior sale, and that prospective purchasers must visit
a Sales Office or contact a realtor to purchase a home. Any
other use, including but not limited to the reproduction,
distribution, display or transmission of the Content of this
Web site is strictly prohibited. The User further agrees not
to change or delete any proprietary notices from Content downloaded
from the Web site.
Digital Millennium Copyright Act Notice
This section is provided in compliance with the Digital Millennium
Copyright Act of 1998 ("DMCA") to allow those who
believe that a copyright or other intellectual property rights
have been infringed to notify us. In appropriate circumstances
and in our discretion, we will remove any Content from the
Web site which we learn is violating the intellectual property
rights of another.
Applicability Of Terms And Conditions
These Terms and Conditions are applicable upon the User's
access to the Web site. These Terms and Conditions may be
revised, modified, amended, or supplemented by us without
notice at any time for any reason. These terms and conditions
shall apply to all Users regardless of any future transaction
or dealings between such User and us, or lack of any such
future transaction or dealings, and shall survive the termination
of any such future transaction or dealings.
Miscellaneous
The use of the Site and any claim relating to the materials
on or use of the site shall be governed in all respects by
the laws of the State of Tennessee, U.S.A., without regard
to choice of law provisions, and any legal action relating
to the use of this site shall be brought in the courts of
the State of Tennessee for the County of Davidson.
Any cause of action or claim made by a User with respect
to the Web site (including but not limited to the purchase
of a home through a Sales Office or realtor) must be commenced
within one (1) year after the claim or cause of action arises.
Our failure to insist upon or enforce strict performance of
any provision of these Terms and Conditions shall not be construed
as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act
to modify any of these terms and conditions. We may assign
its rights and duties under the Terms and Conditions to any
party at any time without notice to the User.
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