Following are the terms of a legal agreement between you and Perry Homes. If you do not agree to these terms, do not use the Site.
1. Restrictions. Perry Homes owns all material used on the Site. All information is provided solely for the personal, non-commercial use of users of the Site. All materials appearing on the Site (including but not limited to floor plans, designs, and elevations) are the creation of Perry Homes and are protected by all applicable copyright and trademark law or are used with the consent of the original owner or creator of the material. Nothing appearing on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Perry Homes' or the copyright owner's express, written permission. Perry Homes hereby grants its permission to display, copy, distribute, and download the materials on the Site for personal, non-commercial use only, provided the materials are not modified and that all copyright and other proprietary notices contained in the materials are retained. This permission terminates automatically if you violate any of these terms or conditions. Upon termination, you must immediately destroy all downloaded and printed materials. Any unauthorized use of any material in this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2. Limitation on Use and Liability. Perry Homes does not make any warranties or representations regarding the materials contained on the Site. As a user of the Site, you agree that you are not relying on any material contained on the Site; any reliance on your part is at your sole risk. Despite its efforts to provide accurate information on the Site, Perry Homes cannot ensure that all information is correct. Accordingly, Perry Homes intends the Site to be used for general reference only. No information on the Site is to be construed as an offer or solicitation of sale. In accordance with applicable laws, Perry Homes can offer to sell real estate only to those persons who visit its properties and only within the state where the property is located. Because the Site may contain inaccurate, incomplete, or out-of-date information at any time, you should consult with a Perry Homes' sales professional for any information listed on the Site. Product information, including plans, promotions, pricing, and availability, is subject to change at any time, and there may be typographical errors or misstatements on the Site at any given time. Your sole exclusive remedy for any use of any materials or information provided on the Site shall be to cease accessing the Site and using the materials or information obtained therein. By using the Site, you agree that Perry Homes shall not be liable for any damages relating to any use of or reliance upon any material on the Site. You also agree that Perry Homes shall not be liable for any damage to your computer or other equipment or other property related to your use of access or your downloading of any material from the Site.
3. DISCLAIMER. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE PERRY HOMES, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, JOINT VENTURES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, AND CLAIMS FOR INTEREST, RELATED DIRECTLY OR INDIRECTLY TO OR ARISING FROM YOUR ACCESSING THE SITE OR THE USE OR NON-USE OR INABILITY TO USE ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF PERRY HOMES OR A PERRY HOMES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE IS CAUSED IN WHOLE OR IN PART BY PERRY HOMES' GROSS NEGLIGENCE OR ITS NEGLIGENCE. WITHOUT LIMITING THE FOREGOING, ALL MATERIALS AND INFORMATION ON THE SITE ARE PROVIDED TO YOU "AS-IS" AND "WHERE-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU WILL ASSUME THOSE COSTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE DISCLAIMER, LIMITATIONS, OR EXCLUSIONS, MAY NOT APPLY TO YOU. EXCEPT AS STATED HEREIN, USE OF THE SITE DOES NOT CREATE ANY CONTRACT, AGREEMENT, RIGHTS, OR LEGAL OBLIGATIONS BETWEEN YOU AND PERRY HOMES. YOU ALSO AGREE TO HOLD PERRY HOMES AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS, HARMLESS FROM ANY AND ALL CLAIMS AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SITE, ANY FAILURE BY YOU TO ABIDE WITH THIS AGREEMENT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
4. Internet Links. The Site contains links to other Internet web sites maintained by third parties. These links are not endorsements of any products or services contained in those sites, and no information in those sites has been endorsed or approved by Perry Homes. Accordingly, you agree that Perry Homes is not responsible for any content, product, or services provided on these other Internet web sites. Likewise, you agree that Perry Homes is not liable for the content, products, or services of other Internet web sites that link to the Site. Linking to the Site via framing or deep-linking is expressly prohibited. To the extent applicable, you are responsible for complying with all local laws regarding material obtained from the Site or other linked sites.
5. Governing Law. This Agreement will be governed by, construed by, and enforced in accordance with, and subject to, the laws of the State of Texas, except to the extent superseded or preempted by the laws of the United States of America. If any provision of this Agreement is deemed invalid, unlawful, unenforceable, or void, you and Perry Homes agree that the validity and enforceability of the remaining provisions shall remain in full force and effect. By using the Site, you agree to submit to the exclusive jurisdiction of the Texas state courts located in Harris County, Texas, or the United States District Court for the Southern District of Texas to resolve any disputes arising out of your use of the Site or any interaction with Perry Homes regarding the Site.
6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties thereto and their respective heirs, representatives, successors, and assigns.
7. Termination. This Agreement shall remain in force and effect until terminated by Perry Homes. In the event of termination of this Agreement, all restrictions imposed upon you herein, including all disclaimers, waivers, releases, and limitations of liability, shall survive.
9. Equal Housing Opportunity. Perry Homes does not discriminate in housing on the basis of race, color, national origin, religion, sex, familial status, handicap, or disability. Models/lifestyle photographs on the site do not reflect racial or ethnic preference.
10. Employment at Perry Homes. Perry Homes is an Equal Opportunity Employer who recruits, hires, and promotes employees and makes all employment decisions without regard to race, color, religion, sex, age, disability, national origin, citizenship, or veteran status. Nothing herein shall be construed as creating an offer of employment or a modification of any terms of employment of existing Perry Homes' employees. All Perry Homes' employees are at-will employees who may be terminated or who may resign at any time, with or without reason, with or without cause, and with or without notice.
Perry Homes does not control what information is received when you access a web site through an outside link and does not have any control over what information, if any, is gathered from your visiting any web site other than the Site or what uses are made of such information.
12. INFORMATION FROM CHILDREN. This Site contains general information not directed towards children. Perry Homes does not knowingly collect information from children under the age of 13. Children under the age of 13 should not use this Site, and Perry Homes encourages parents to supervise their children while online.
13. VOID WHERE PROHIBITED. This Site is accessible by users throughout the World. Perry Homes’ products, services and offers may not be available in your state or community. The information on this Site is not an offer of products or services where Perry Homes is not doing business or where prohibited by law.