Terms & Conditions
Acceptance of Terms
Thank you for visiting this website (the “Site”). This Site is owned and operated by Element Homes, LLC or its subsidiaries or affiliates (“Element Homes”). By accessing this Web site, you agree to these Terms of Use and any other terms that may appear throughout the Site. If you do not agree to all of these, you may not continue to access this Site. We may modify or amend these Terms of Use at any time, so please check regularly for changes. Your continued use of this site after we have posted changes means that you accept those changes. This Site is intended to familiarize you with products and services that Element Homes may offer, but information presented on this Site does not constitute a representation or warranty regarding the characteristics of any product or service, or that any particular product or service will be available for purchase. These Terms and Conditions shall apply to all users regardless of any future transaction or dealings between such User and Element Homes, or the lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.
License to Use
All information, descriptions, services, text, graphics, links, or other material (the “Content”) presented on this Site is Copyright © Element Homes and is protected by United States law and international treaties. Element Homes, the Element Homes logo, and other marks used within the Site are trademarks or registered trademarks of Element Homes, or of their respective trademark owners. You may access this Site and use the Content on the Site solely for personal, non-commercial uses. Except for incidental, non-commercial, individual use by users who are researching the possible purchase of products or services from Element Homes or its affiliates, no Content from this Site may be copied, reproduced, republished, transmitted, broadcast, displayed, or distributed in any way without the express written permission of Element Homes or its licensors. In no case may any Content be reposted in any format to any publicly accessible Web site. For any incidental, non-commercial, individual use made of the Content as permitted under these Terms of Use, you agree not to change or delete any copyright or other proprietary notices appearing within the Content.
Accuracy of Posted Information
Although Element Homes makes significant efforts to ensure that the information provided on this Site is accurate and current, all prices, locations, descriptions, and terms are subject to change without notice. You agree not to rely upon any photos, drawings, graphics, plans, designs, features, or other information on the Site. Photographs and drawings of model homes may include upgraded features that are not part of the standard product offerings or that are no longer available. The Content is not intended to constitute an offer or solicitation. The Content is not and shall not be deemed to be legal advice, financial advice, or professional advice of any other kind.
External Links To and From This Site
As a convenience to our visitors, this Site may contain links to other Web sites. Element Homes does not control the content or policies of any Web site owned or operated by a third party. The fact that this Site includes links to such sites does not indicate any approval or endorsement of any material contained on any linked site. You are entirely responsible to take precautions to ensure that whatever links you select or software you download (whether from this Site, if applicable, or from other sites) is free of harmful components. You may provide a link from another Web site to the home page of this Site. But you agree not to make any link from another Website to any page of this Site except for the home page (that is, you may not deep-link to the Site), or to provide or access this Site from within another site that shows any information or page from this Site in a frame or sub-window, whether or not such a frame or subwindow expressly implies endorsement or an association between Element Homes and a third-party.
User Interactions with the Site From time to time, the Site may provide you with opportunities to contribute to the Site, which may include, but not be limited to, uploading your user profile, participating in surveys, marking or collecting products and services of special interest to you, and using bulletin boards or a similar public discussion forum (collectively “User Content”). Element Homes is not liable or responsible for any User Content. The contributions of third parties do not necessarily represent the views or opinions of Element Homes. Element Homes cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us immediately. If you choose to submit personal information via the Site in order to request contact with or information from Element Homes, you agree that Element Homes shall not be obligated to act upon your request. You agree, however, that if you provide personal information to Element Homes, including via the Site, Element Homes, its agents, representatives, or partners may contact you.
Disclaimers
This 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, Element Homes disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, habitability, fitness for a particular purpose, and non-infringement. Element Homes 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. Element Homes does not undertake to correct defects in the content or to ensure that this site or the server that makes the site available is free of viruses or other harmful components.
Limitation of Liability
To the maximum extent permitted under applicable law, Element Homes shall not be liable for any special, incidental, punitive, indirect, or consequential damages that result from the use of, or the inability to use this site or any content, even if Element Homes has been advised of the possibility of such damages.
Jurisdiction
These terms of use shall be governed by the laws of the State of Utah, without regard to its conflicts of laws provisions. You agree that any dispute between you and Element Homes shall be heard exclusively in the state or federal courts located in Salt Lake City, Utah, and you expressly agree to the personal jurisdiction of such courts to resolve any such dispute.