Online Sales Counselor
An Equal Housing Opportunity.
Last revised: 08/10/2016
Children Under the Age of Thirteen (13)
The Webpages do not target anyone under eighteen (18) years of age. By accessing any Webpage, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Webpages.
Accessing the Webpages and Account Security
We reserve the right to withdraw or amend any Webpage, and any service or material we provide on any Webpage, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of any Webpage is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Webpages, or all of the Webpages, to users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Webpages.
Where we have given you (or where you have chosen) a password for access to certain parts of the Websites, you must keep this password confidential and not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites, or portions of it, using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Webpages and all of our content, feature, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and any material we post on the Social Media Pages, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM, incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one (1) copy of a reasonable number of pages of the Websites and material we may post on the Social Media Pages for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from the Websites or materials we post on the Social Media Pages.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Websites.
You must not access or use for any commercial purposes any part of the Websites, materials we post on the Social Media Pages, or any services or materials available through the Websites.
If you wish to make any use of any of the material on the Websites or any material we post on the Social Media Pages other than that set out in this section, please contact us at email@example.com.
The Company name, the marks FIELDING HOMES, WATERMARK & Design, CRESCENT COMMUNITIES, THE FARMS & Design, 1780®, CAMP LAKE JAMES®, OLD WILDLIFE CLUB®, MUSIC TO YOUR MOUTH®, PALMETTO BLUFF®, THE RIVER CLUB®, THE SANCTUARY®, BRYSON®, GRAND HAVEN®, CREATING COMMUNITIES FOR LIFE®, LANDMAR®, EXPRESS ADDRESS HOMES®, LANDMAR E STREET NEIGHBORHOOD NETWORK®, CIRCLE & Design®, R ROUGH HOLLOW LAKEWAY & Design®, R & Design®, THE PENINSULA AT ROUGH HOLLOW A PRIVATE LAKESTYLE NEIGHBORHOOD & Design® and all related names, logos, product and service names, designs and slogans are trademarks and/or service marks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Webpages are trademarks and/or service marks of the Company or their respective owners.
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user of the Webpages, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Webpages, or which, as determined by us, may harm the Company or users of the Webpages or expose them to liability.
- Otherwise attempt to interfere with the proper working of the Webpages.
Additionally, you agree not to:
- Use the Webpages in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Webpages, including their ability to engage in real time activities through the Webpages.
- Use any robot, spider, or other automatic device, process or means to access the Webpages for any purpose, including monitoring or copying any of our material on the Webpages.
- Use any manual process to monitor or copy any of our material on the Webpages or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Webpages.
- Introduce any viruses, trojan horses, worms, logic bombs, or any other material that is malicious or technologically harmful to the Webpages.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Webpages, the server on which the Webpages is stored, or any server, computer, or database connected to the Webpages.
- Attack the Webpages via a denial-of-service attack or a distributed denial-of-service attack.
The Social Media Pages may contain message boards, chat rooms, personal web pages, profiles, forums, or bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to publish or display comments, content or materials on public areas (hereinafter, “Post”) of the Social Media Pages or to transmit comments, content or material to other users of the Social Media Pages and/or you may provide comments, content or materials to us or our affiliates through other means, such as electronic communications. All comments, content and materials you Post or transmit on or through the Social Media Pages and/or that you provide to us or our affiliates through other means, such as electronic communications, are collectively referred to herein as “User Contributions”.
Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us, our affiliates, and our service providers, and each of their and our respective licensees, successors, and assigns, the right throughout the universe to use, reproduce, modify, perform, prepare derivative works based upon, display, distribute, and otherwise disclose to third parties any such material, in whole or in part, for any purpose in any medium, known or unknown, without consent or attribution.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, our affiliates, and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such User Contributions, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for any User Contributions or the accuracy thereof. If you believe that any User Contributions on Social Media Pages violate your copyrights, please refer to the copyright policies, if any, provided by the website operators of the Social Media Pages.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to Post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Webpages.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing User Contributions. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, ANY OF THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake to review User Contributions before it is Posted and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Websites and any material we Post on the Social Media Pages is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Webpages, or by anyone who may be informed of any of its contents.
The Webpages include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Webpages
We may update the content on the Webpages from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Webpages may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Use of the Webpages
Online Purchases and Other Terms and Conditions
The information on the Websites, any information we Post on the Social Media Pages, and the properties listed for sale by us on the Webpages are not an offering to residents of NY, NJ, CA, AZ, or CT, or where otherwise prohibited by law.
Linking to the Webpages and Social Media Features
You may link to the homepage of the Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Webpages may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Webpages.
- Send e-mails or other communications with certain content, or links to certain content, on the Webpages.
- Cause limited portions of content on the Webpages to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Webpages or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Websites other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Webpages
If the Webpages contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources or the contents provided by the website operators of the Social Media Pages, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access the Social Media Pages or any of the third party websites linked to the Webpages, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Webpages is based in the state of North Carolina in the United States. Except as otherwise set forth herein, we provide the Webpages for use only by persons located in the United States. We make no claims that the Webpages or any of the content is accessible or appropriate outside of the United States. Access to the Webpages may not be legal by certain persons or in certain countries. If you access the Webpages from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties and other Disclaimers
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Webpages will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Webpages for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBPAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBPAGES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITES LINKED TO THEM.
YOUR USE OF THE WEBPAGES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBPAGES IS AT YOUR OWN RISK. THE WEBPAGES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBPAGES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBPAGES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBPAGES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBPAGES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBPAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBPAGES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE DEPICTIONS AND DESCRIPTIONS IN THESE MATERIALS ILLUSTRATE ONLY POTENTIAL DEVELOPMENT PLANS AND FUTURE USES. THE ACTUAL FUTURE DEVELOPMENT OF THESE PROPERTIES – INCLUDING, BUT NOT LIMITED TO, LAND USES, DENSITIES, AMENITIES, AND STRUCTURES – MAY DIFFER FROM THE DEPICTIONS AND DESCRIPTIONS IN THESE MATERIALS. THESE DEPICTIONS AND DESCRIPTIONS ARE NOT REPRESENTATIONS, GUARANTEES, OR ASSURANCES REGARDING THE FUTURE DEVELOPMENT OR USES OF THESE PROPERTIES, AND SHOULD NOT BE RELIED UPON AS SUCH BY ANY PERSON IN MAKING A PURCHASE DECISION. THE DEPICTIONS AND DESCRIPTIONS IN THESE MATERIALS ARE NOT PART OF ANY CONTRACT OR AGREEMENT BETWEEN YOU AND US OR ANY OF OUR AFFILIATES. WE SPECIFICALLY RESERVE THE RIGHT TO MODIFY ANY ASPECT OF OUR COLLECTIVE DEVELOPMENT PLANS AND LAND USES, FOR ANY REASON, IN OUR SOLE DISCRETION, IRRESPECTIVE OF THE DEPICTIONS AND DESCRIPTIONS CONTAINED IN THESE MATERIALS.
YOU SHOULD OBTAIN THE APPLICABLE PROPERTY REPORT REQUIRED BY FEDERAL LAW AND READ IT BEFORE SIGNING ANYTHING. NO FEDERAL AGENCY HAS JUDGED THE MERIT OR VALUE, IF ANY, OF ANY PROPERTY DEPICTED HEREIN.
PROJECTS DEPICTED HEREIN MAY BE REGISTERED WITH STATE AGENCIES. REGISTRATION DOES NOT CONSTITUTE ENDORSEMENT OF THE MERITS OR VALUE OF THE PROJECT. NOTHING HEREIN IS INTENDED TO BE AN OFFER TO SELL, NOR SOLICITATION OF AN OFFER TO BUY REAL ESTATE TO RESIDENTS OF ANY STATE OR OTHER JURISDICTION WHERE PROHIBITED BY LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR EACH OF THEIR AND OUR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBPAGES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBPAGES OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBPAGES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time To File Claims
Waiver and Severability
Your Comments and Concerns
The Websites are operated by:
Fielding Homes, LLC
227 W. Trade St., Suite 1000
Charlotte, NC 28202
Telephone: (980) 311-6000
Any feedback, comments, requests for technical support, or other communications relating to the Webpages should be directed to: firstname.lastname@example.org.
Thank you for visiting the Webpages.