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Your access to and use of this site is subject to the following terms and conditions ("Site Terms"). BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THE SITE TERMS, SO PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THE SITE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE. The Site Terms may be changed at any time by Dewey Companies, in its sole discretion. Any changes will be effective upon posting of the revised Site Terms on the Site, and your continued use of the Site following the posting of such revised terms will constitute your acceptance of such changes. PRIVACY STATEMENT Dewey Companies respects your privacy. Information shared in this or any other correspondence is collected solely for the purpose of keeping you informed about items of interest. We do not sell or transfer any personal information outside Dewey Companies other than where explicit reference is made and approval obtained from you when you provide the information, or where passing the information to third parties is necessary to provide you with the information or service requested. When you visit our web site, our systems automatically log your Internet address, data regarding use of our web site such as pages visited and time spent there, and other data you entered if you want us to respond or provide additional information. In entering information on our web site you are consenting to us processing the data for our own business use. You should be aware that if we are requested by the police or any regulatory or governmental authority investigating suspected unlawful activities to provide your personal details and/or information concerning your activities regarding this web site, we will do so under a subpoena or as otherwise required by law. DEWEY COMPANIES Companies and corporations in the Dewey Companies Group have their own separate identities but in this web site and others operated by Dewey Companies we may sometimes use “Dewey Companies”, “Group”, “we” or “us” when we refer to companies in the Dewey Companies. GENERAL The information provided within this web site is for informational purposes only. Dewey Companies attempts to provide accurate information but does not warrant the accuracy or completeness of the information contained on this web site or its links and is not responsible for errors or omissions in its content. DEWEY COMPANIES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANYTHING CONTAINED WITHIN THIS WEB SITE OR ITS LINKS. DEWEY COMPANIES SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF INFORMATION ON THIS WEB SITE OR ITS LINKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEWEY COMPANIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. This Web site may contain links to third party web sites. Access to any other Web site linked to this Web site is at the user's own risk and Dewey Companies is not responsible for any of the information, data, opinions, advice or statements made on the third party web sites. These links are provided merely as a convenience and the inclusion of such links does not imply an endorsement. The format and content of this web site may be changed at any time without notice. Operation of this web site may be suspended or discontinued for support or maintenance to update its content or for any other reason. Access may be terminated either in relation to specific users or generally at any time and without notice. Dewey Companies is not liable for third party links. Dewey Companies does not provide that this web site is free of viruses or other harmful components. In use of this web site the user submits to the exclusive jurisdiction of the Pennsylvania courts for United States matters to resolve any disputes arising from user’s use of Dewey Companies’ web site. Prices, locations, features, finishes, specifications, community plans and availability are subject to change without notice. Prices shown, if any, refer to base prices on the date that information was included or updated, and may not reflect current pricing, and do not include any options or upgrades which may appear in depictions on the web site. All maps, floor plans, drawings and elevations are conceptual artist renderings, are not to scale and are for informational purposes only. All dimensions and specifications (including square footage) are approximate. All information regarding amenities, golf clubs and other clubs is subject to change without notice; memberships are subject to availability, fees and dues. All information provided on this web site is provided for information purposes only and does not constitute a legal contract or legal or professional advice. EQUAL HOUSING OPPORTUNITY Dewey Companies is committed to a policy of equal housing opportunity and does not discriminate on the basis of race, religion, national origin, ancestry, sex, age or physical ability. COPYRIGHT NOTICE Copyright 1994-2004 Dewey Companies. All rights reserved. This web site and the information contained within the site, including floor plans, graphics and photography is copyrighted by Dewey Companies. Reproduction and distribution without written permission is strictly prohibited. TERMS OF USE This Terms of Use Agreement (“Agreement”) is between you (“You” or "Your") and Dewey Companies, including its subsidiaries (collectively, “Company”). In consideration of the right to access and use the Company’s website www.deweyhomes.com (“Website”), and the information offered on the Website, You agree to the terms and conditions of use set forth in this Agreement. 1. Company’s Control Over Website. (a) Company has the right, but not the obligation, to monitor the use of the Website and its content. (b) Company reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Amendments to the Agreement will take effect immediately upon being posted to the Website, and Your continued use of the Website constitutes Your acceptance thereof. (c) Company may change, suspend or discontinue any aspect of the Website at any time. Company may also impose limits on certain features and services or restrict Your access to parts or all of the Website without notice or liability. 2. Intellectual Property Rights. (a) The Website is protected by copyright under United States copyright laws. The DEWEY trademark, logo, slogans, and other distinctive designs are owned by Company, are protected by applicable law, and may not be copied or used without Company's prior written consent. All materials contained within the Website (the “Content”) are protected by copyright and are owned or controlled by Company and or its licensors. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website. (b) You may download, make copies of, or otherwise reproduce the Content and other downloadable items displayed on the Website for personal, noncommercial use only, provided that You maintain all copyright and other notices contained in such Content. Copying, otherwise reproducing, or storing of any Content for other than Your personal, noncommercial use is expressly prohibited without the prior written consent of the Company. 3. Privacy. Use of the Website is subject to the terms of the Privacy Policy incorporated herein by reference. Company reserves the right, in its sole discretion, to change the Privacy Policy, in whole or in part, at any time. Amendments to the Privacy Policy will take effect immediately upon being posted to the Website, and Your continued use of the Website constitutes Your acceptance thereof. 4. Your Covenants. (a) You represent that You shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which: (i) are unlawful, (ii) violate or infringe the rights of third parties, or (iii) contain any viruses, worms, or other components that are intended to cause damage or expropriate any system, data or personal information. (b) You further promise not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. You may not link to the Website in any manner that would bypass Company’s home page. You may not "frame" the Website or any portion thereof. 5. Your Acknowledgments. (a) You acknowledge that any and all materials, content and information (collectively, "Information") provided by You in the course of using the Website becomes the sole property of the Company, including all intellectual property rights therein. The Company may use and disclose the Information for any purpose, subject to the Company’s Privacy Policy. (b) You acknowledge that transmissions to and from this Website may be read or intercepted by third parties. (c) You acknowledge that Company does not attempt to review, edit, modify, regulate or control the content of any sites that are linked to the Website and that Company shall not be held responsible or liable for any third party site. 6. Disclaimers. Prices shown, if any, refer to base prices on the date that information was included or updated, and may not reflect current pricing, and do not include any options or upgrades which may appear in depictions on the Website. All maps, floor plans, drawings and elevations are conceptual artist renderings, are not to scale and are for informational purposes only. All dimensions and specifications (including square footage) are approximate. All information regarding amenities, golf clubs and other clubs is subject to change without notice; memberships are subject to availability, fees and dues. 7. Disclaimer of Warranty. THE INFORMATION PROVIDED WITHIN THE WEBSITE IS PROVIDED "AS IS". COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE WEBSITE OR ITS LINKS AND IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ITS CONTENT. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANYTHING CONTAINED WITHIN THE WEBSITE OR ITS LINKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEWEY COMPANIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 8. Limitation of Liability. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, RESULTING FROM ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE EXCEED TEN DOLLARS. 9. Indemnification. You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from Your violation of the terms of this Agreement 10. Notices. Except as explicitly stated otherwise, any notices shall be given by e-mail to [insert address] (in the case of Company) or to the e-mail address You provided to Company during Your use of the Website, or such other address as either party may specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. 11. Termination. The Company may, with or without cause, immediately terminate this Agreement, and deny You access to the Website. Without limiting the foregoing, Company has the right to immediately terminate Your right to access the Website in the event that You breach this agreement or engage in conduct that Company, in its sole discretion, considers unacceptable. If this Agreement is terminated, You will no longer be authorized to access the contents of the Website. In the event of termination, the restrictions imposed on You with respect to material downloaded, copied or otherwise reproduced from the Website, the disclaimers and limitations of liabilities and the indemnification set forth in this Agreement, shall survive. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in the federal or state courts located in Chester County, Pennsylvania. 13. Equal Housing Opportunity. Company is committed to a policy of equal housing opportunity and does not discriminate on the basis of race, religion, national origin, ancestry, sex, age or physical ability. 14. Miscellaneous. This Agreement constitutes the entire understanding between Company and You with respect to Your use of the Website. You may not assign this Agreement. If any provision this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. PRIVACY POLICY Any personally identifiable information collected from you through this website is collected solely for the purpose of keeping you informed about items of interest and to respond to your inquiries. We do not sell or transfer any personally identifiable information outside Dewey Companies other than where explicit reference is made and prior approval obtained from you , or where we conclude that disclosing the information to third parties is necessary to provide you with the information or service you requested. When you visit our web site, our systems automatically log your Internet address, data regarding use of our web site such as pages visited and time spent there, and other data you entered if you want us to respond or provide additional information. We gather this information in order to better service you and to improve the operations and content of this website. Notwithstanding the above, you should be aware that we reserve the right to provide your personally identifiable information and/or information concerning your activities regarding this web site, if (i) we are requested to do so by law enforcement authorities or any regulatory or governmental authority; (ii) we sell the Dewey Companies entity to which the information relates; or (iii) we determine in our sole discretion that it is necessary to do so to protect Dewey Companies' interests. |
