Term of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE. USE OF THIS SITE CONSTITUTES AGREEMENT TO THE TERMS OF USE.

Acceptance Of Terms Of Use Of This Website: Homes by Tradition, LLC. (“Homes by Tradition”) makes this website (the “Site”), including all information, documents, text, and graphics on the Site (collectively, the “Content”) as well as all products and services offered and/or operated by Homes by Tradition, its subsidiaries or affiliates, and/or third parties through the Site (collectively, the “Products and Services”), available for your use subject to the terms and conditions set forth in this document, as may be revised from time to time by Homes by Tradition (collectively, the “Terms of Use”). BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USING ANY OF THE CONTENT OR PRODUCTS AND SERVICES DISPLAYED AND/OR OFFERED ON THIS SITE, OR BY MERELY BROWSING THIS SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF USE AND HOMES BY TRADITION’ PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

This Site is intended for lawful use by persons over thirteen (13) years of age in the United States. Homes by Tradition reserves the right to change the Terms of Use and other Homes by Tradition guidelines and policies (including, but not limited to, the Privacy Policy) posted on the Site from time to time at its sole discretion, with or without notice, and the revised Terms of Use and other revised guidelines and policies shall be posted on the Site’s home page. Your continued use of the Site, including but not limited to the content thereof or any products and services accessible through it (collectively, the “Content”), constitutes your acceptance of the revised Terms of Use, and your use of the Site will be subject to the most current version of the Terms of Use, policies, and guidelines posted on the Site at the time of such use. Therefore, you should periodically check the Terms of Use and policies on Homes by Tradition’s home page to view the then current versions. If you breach any of the Terms of Use, your authorization to use this Site and any authorized use of Content shall automatically terminate. Except as expressly provided herein, Homes by Tradition and its licensors and suppliers do not grant any express or implied license to the Site or the Content.

Restrictions On Use Of Content: THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW. You acknowledge having been advised by Homes by Tradition that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively “Rights”). In addition to Homes by Tradition’s Rights in individual elements of the Content, Homes by Tradition owns a copyright in the selection, coordination, and arrangement of the Content. Homes by Tradition does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing Content (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, may not be made without Homes by Tradition’s prior express written consent.

Use of Content: Except as may be indicated to the contrary elsewhere on this Site, you may view, download, or print the Content available on this Site subject to the following conditions:

  • The Content may be used solely for personal, non-commercial, informational purposes.
  • The Content may not be modified or altered in any way.
  • The Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
  • You may not remove any copyright or other proprietary notices contained in the Content.You may not create a database or compilation of any of the Content.
  • Homes by Tradition reserves the right to revoke the authorization to view, download, copy, and/or print the Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Homes by Tradition.
  • Any rights granted to you by Homes by Tradition constitute a license and not a transfer of title.
  • The rights specified above are not applicable to the design or layout of this Site. Elements of this Site are protected by copyright and other laws and may not be copied or imitated in whole or in part.

Submission of Information: Information submitted through this Site may be accessed and used by Homes by Tradition, its subsidiaries, and its affiliates (see the Privacy Policy for more information). Although Homes by Tradition takes certain steps in an effort to protect the electronic transmission of information that you submit through the Site, Homes by Tradition does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.

Do not send any confidential or proprietary information through the Site. Except for personally identifiable information relative to you, any information you do send through the Site will be deemed NOT to be confidential (“Non-Confidential Information”). For any Non-Confidential Information you do send or submit, you hereby grant Homes by Tradition and its affiliates, successors, and assigns an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information. If you submit personally identifiable information via the Site, Homes by Tradition will treat it in accordance with the Privacy Policy found on the home page of this Site.You are prohibited from transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Trademarks And Service Marks: A number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) are found on this Site. By making the Marks available on this Site, Homes by Tradition is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license to the Marks under any of Homes by Tradition or any third party’s intellectual property rights. No Homes by Tradition trademark or service mark may be used as a hyperlink without Homes by Tradition’s prior written permission.The following Marks are the property of The Homes by Tradition Company, Inc. This list is not comprehensive; the absence of a Mark from the list does not constitute a waiver of intellectual property rights established by The Homes by Tradition, Inc. in a Mark.

Links To Third-Party Web Sites: This Site may provide links to other third-party World Wide Web sites or resources. Homes by Tradition makes no representations whatsoever about any other Web site that you may access through this Site. Because Homes by Tradition has no control over such sites and resources, you acknowledge and agree that Homes by Tradition is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, or recommendation of, or affiliation with, the third party or its products and services. Homes by Tradition makes no representation or warranty as to any third party content, products, or services, and you agree that Homes by Tradition shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any such site or resource.In addition to the Content offered by Homes by Tradition, this Site also advertises, offers, or makes available information, products and/or services provided by third parties (collectively, the “Third Party Materials”). Third Party Materials are governed by separate agreements or licenses with the Third Parties. Homes by Tradition offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Materials. You agree that you will not hold Homes by Tradition responsible or liable with respect to the Third Party Materials or seek to do so.

Warranties and Disclaimers: EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND HOMES BY TRADITION, THIS SITE, AND ALL CONTENT, PRODUCTS, AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HOMES BY TRADITION MAKES NO WARRANTY THAT (i) THE SITE CONTENT, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE CONTENT, PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ALWAYS AVAILABLE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, PRODUCTS, AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY CONTENT, PRODUCTS, AND SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE PRODUCTS AND SERVICES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, THE CONTENT, PRODUCTS, AND SERVICES, WILL BE CORRECTED OR (vi) THE SITE WILL BE ACCESSIBLE AT ALL TIMES.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. HOMES BY TRADITION MAY MAKE CHANGES TO THE CONTENT OR PRODUCTS AND/OR SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT AND PRODUCTS AND/OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND HOMES BY TRADITION MAKES NO COMMITMENT TO UPDATE SUCH CONTENT, PRODUCTS, AND/OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) HOMES BY TRADITION DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY VENDORS OR THOSE ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) HOMES BY TRADITION MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) HOMES BY TRADITION SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES.

THE USE OF ANY CONTENT, PRODUCTS, AND SERVICES THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMMUNICATIONS SYSTEMS OR SERVICES, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. HOMES BY TRADITION ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS INSTALLED, TRANSMITTED, OR DOWNLOADED TO YOUR COMPUTER OR COMMUNICATIONS SYSTEMS OR SERVICES FROM THE SITE OR IN CONNECTION WITH ANY CONTENT, PRODUCTS, AND SERVICES APPEARING ON AND/OR OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOMES BY TRADITION OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

Limitations of Liability: IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL HOMES BY TRADITION, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HOMES BY TRADITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE CONTENT, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Not Offers of Sale: This Site, the Content, and any links do not constitute an offer to sell real property. The Content is provided strictly for information purposes as a service to the public and shall not be construed as an offer. Specifications, floor plans, dimensions, materials, prices, and availability are approximations and may differ from that presented on the Site and are subject to change without notice. Contact the specific sales office listed on the Site for sales information.

Revisions: Homes by Tradition may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Homes by Tradition shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Homes by Tradition may at any time revise these Web Site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions, and you agree to periodically visit this page to determine the then current Terms of Use to which you are bound.

Governing Law And Jurisdiction: This Site (excluding linked sites) is controlled by The Homes by Tradition Company, Inc. from its offices within the State of Minnesota, United States of America. By accessing this Site, you and Homes by Tradition agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Minnesota, without regard to the conflicts of laws principles thereof. You and Homes by Tradition also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Minnesota, USA.

General: The Terms of Use and the other guidelines, policies, licenses, and disclaimers posted on the Site constitute the entire agreement between Homes by Tradition and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Homes by Tradition to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Violations: Please report any violations of these Terms of Use to Homes by Tradition at WEBMASTER.

 

SPECIAL TERMS OF USE OF
INSPIRATION BOOK

To use or access Inspiration Book, you will need to register as a user of the website.  You may choose to become a registered user of Inspiration Book by creating an account with a unique user name (we use your email address as your user name) and password.  You agree to provide accurate information during the registration process, and it is your responsibility to update this information if it should change while you are registered as a user.  Loss of data due to inaccurate or incomplete information is your responsibility.  You are responsible for the security of your password and any activity that occurs by authenticated user within your account.  You shall notify us at info@homesbytradition.com of any known or suspected unauthorized use of your account or any known or suspected breach of security, including the loss, theft or unauthorized disclosure of your password.  You may not assign, sublicense or otherwise transfer your account or allow any other person to use your account or password.  We reserve the right to terminate your account for any fraudulent, abusive or otherwise illegal use of Inspiration Book and the site.

We grant you permission to use Inspiration Book for your personal, noncommercial purposes.  Your use of Inspiration Book is subject to the following general terms and conditions:

  • You agree to use Inspiration Book for lawful purposes and to comply with all applicable laws, rules and regulations while using Inspiration Book.
  • You represent you are at least 13 years of age and possess the legal right and ability to agree to the Special Terms of Use for Inspiration Book.
  • You agree not to take action that might compromise the security of Inspiration Book, render it inaccessible to others or otherwise cause damage to Inspiration Book or any content contained on Inspiration Book.
  • You agree not to add to, subtract from or otherwise modify the content, unique session identifiers or http headers used in displaying Inspiration Book.

In regards to user-posted content or shared content (“Shared Content”), such as customer feedback, message board postings or shared content through social media, you agree to refrain from posting, delivering, sharing or providing links to:

  • Any unlawful (according to local, state, federal or international law or regulation) posting or Shared Content to or through Inspiration Book, or any postings which advocate illegal activity.
  • Any posting or Shared Content containing material that could be considered harmful, obscene, pornographic, indecent, lude, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
  • Any posting containing material that harasses, victimizes, degrades or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
  • Any posting or Shared Content containing defamatory, false or libelous material.
  • Any posting or Shared Content that infringes or violates any intellectual property or other rights of any entity or person, including without limitation, copyrights, patents, trademarks, laws governing trade secrets, right to privacy or publicity.
  • Any posting or Shared Content that you do not have a right to make available under law or contractual fiduciary relationship.
  • You agree not to impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity where the purpose of doing so is to mislead, deceive or defraud another.
  • You agree not to attempt to gain unauthorized access to or perform any actions that may prevent the intended and effective operation of Inspiration Book, any related website, other accounts, computer system, or networks connected to Inspiration Book, through hacking, password mining, or any other means.

We have the right, at any time, to make any and all changes to your account, including suspension and termination.  You continue to be bound by the terms of this agreement in the event of termination.

Providers of goods and services may post pricing information about their products and services.  We are not responsible for the accuracy of these prices.

Inspiration Book may contain advertisements and promotions from providers of goods and services.  These advertisements do not constitute or imply an endorsement, sponsorship or recommendation by us.  You agree that we are not responsible for the availability of any of these external products or services and do not warrant or endorse the effectiveness of any external products, services or sites.

All of the terms of use for the Homes by Tradition website generally are incorporated by reference into these Special Terms of Use for Inspiration Book.