Terms of Service
1. Acceptance.
Brock Built Homes, LLC (“BBH”) is pleased to provide this website (the “Site”) for your convenience. These terms (the “Terms”) constitute a legally binding agreement (the “Agreement”) between you and BBH governing your access to and use of the Site, including any subdomains thereof, and any other websites through which BBH makes its services available (the “Site”) and all associated services, including mobile website and applications (collectively, “BBH Services”). If you use the BBH Services, that means you understand and accept these Terms. These Terms and any other legal terms found else on this Site are the entire agreement between you and BBH with respect to your use of the BBH Services. These Terms and other legal terms on our Site supersede any and all other understandings or agreements, written or oral, regarding your use of the Site.
BBH may amend these Terms from time to time without notice to you. Your use of the BBH Services after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Each time you use the Site, you agree and accept to comply with, and agree to be bound by, these Terms, as modified. BBH may at any time, in its sole discretion, discontinue use of the BBH Services, with or without notice, or may prevent your use of the BBH Services with or without notice to you. You agree that you do not have any rights in the BBH Services and that BBH will have no liability to you if the BBH Services are discontinued or your ability to access BBH Services or any content you may have posted on the BBH Services is terminated. The Site does not constitute an offer to sell or a solicitation of offers to buy real property or homes. Offers to sell real property may only be made and accepted at the sales center for individual communities of BBH and BBH’s affiliates.
2. Privacy.
BBH’s Privacy Policy is hereby incorporated into, and made a part of, these Terms.
3. Content and Conduct.
The Site may allow users to post, submit, publish, display or transmit content and material on the through the Site, including posting reviews or other materials (“User Content”). You are responsible for and accept the following requirements: (1) you will not use the Site or any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (2) you are solely responsible for all information, images, graphics, data, text, files, links, software, messages, communications, and other material that you (or someone using your account) publicly or privately publish, post, distribute, display, disseminate, or otherwise transmit via the Site; (3) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining permission of the owner of such rights; (4) you will not collect or store personal data about other users; (5) you will not upload, post, email, or otherwise transmit any material, including but not limited to “trojan horses,” “worms,” software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware; (6) you will not use any device, software, or routine that interferes with the proper working of the Site; (7) you will not violate any applicable federal, state, local, or international law or regulation; (8) you will not use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (9) you will not sell or otherwise distribute any data obtained from the Site; and (10) you will not upload, post, email, or otherwise transmit on any interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication.
By providing any User Content, you grant BBH the perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty tree license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such User Content, in all media now known or hereafter. You hereby waive all rights to any claim against BBH for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, intellectual property, moral rights, and rights of attribution in connection with such User Content. You further understand and agree that you have no ownership rights in any account you may have with BBH or the Site. BBH may terminate and cancel your account and delete your User Content at any time, and without notice, if BBH deems that you have violated these Terms, the law, or for any other reason. BBH assumes no liability for any information removed from the Site and reserves the right to permanently restrict access to the Site.
4. Intellectual Property Rights.
The materials on the Site, including without limitation, all texts, files, links, software, messages, communications, content, design, graphics, charts, pictures, photographs, images, line art, icons, renditions, and floor plans, (“BBH Content”) are the exclusive property of BBH and BBH’s licensors and are protected under applicable copyright, trademark, and other proprietary rights laws. The BBH Content is provided for your personal informational purposes only. BBH grants you a limited, nonexclusive, non-transferable license to view, print, and download BBH Content solely for your personal use. Except as specifically allowed by these Terms, the copying, redistribution, use, or publication by you of the BBH Content is strictly prohibited without BBH’s written permission. You agree that if you violation this prohibition, you may be subject to all legal remedies available to BBH, and will be responsible for any other loss, attorneys’ fees or costs BBH may incur due to your violation.
5. Linking to Site.
The Site may provide certain features that all you to link from your own or certain third-party websites to certain content on this Site. You may use these features solely as they are provided by BBH. You may link to the Site, provided you do so in a way that is fair and legal and does not damage BBH’s reputation or take advance of it, provided you must not establish a link in such a way that suggests any form of association, approval, or endorsement of BBH with BBH’s express written permission. You agree to cooperate with BBH in causing any unauthorized framing or linking immediately to stop. BBH reserves the right to withdraw linking permission without notice. BBH may disable any or all social media features at any time and without notice in BBH’s sole discretion.
6. Indemnification.
You agree to indemnify, defend, and hold BBH and BBH’s shareholders, members, managers, partners, agents, directors, officers, employees, information providers, suppliers, and attorneys (“BBH Parties”) harmless from any and all liabilities, losses, claims, and expenses, including but not limited to, reasonable attorney’s fees, related to your failure to comply with any of these Terms, User Content, or use of the Site. BBH has no duty to reimburse, defend, indemnify, or hold you harmless from, relating to, or arising out of, these Terms or the Site.
7. Disclaimers and Limitation of Liability.
THE INFORMATION ON THE SITE IS INTENDED FOR GENERAL REFERENCE AND INFORMATION PURPOSES ONLY AND ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE INFORMATION ON THE SITE, INCLUDING BUT NOT LIMITED TO, PRICES, FLOOR PLANS, SQUARE FOOTAGES, DESIGNS, AND MATERIALS, IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND REPRESENTS NO COMMITMENT ON BBH’S PART IN THE FUTURE TO CHANGE SUCH INFORMATION OR TO PROVIDE THE SITE.
BBH DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS, OR APPROPRIATENESS OF ANY OF THE INFORMATION OR SERVICES PROVIDED BY BBH OR ON THE SITE. BBH DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR ITEMS ON THE SITE. BBH FURTHER MAKES NO WARRANTY ABOUT THE RELIABILITY OF THE SITE.
BBH IS NOT LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE SITE OR OTHERWISE USE OR RECEIVE INFORMATION FROM OR REGARDING THE SITE, INCLUDING A LOSS OF DATA FROM THE SITE. BBH IS ALSO NOT LIABLE WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES RELATED TO THE SITE. BBH SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Links.
The Site may contain links to third party products or third-party websites. BBH does not warrant or endorse the companies, products, services, information or programs associated with those websites. BBH does not warrant or endorse the non-affiliated companies and produced that appear on the Site. BBH is not responsible for the content, accuracy, or opinions expressed in such websites, and BBH does not investigate or monitor such websites for accuracy and completeness. If you decide to leave the Site and access third-party websites, you do so at your own risk.
9. Trademarks.
Any BBH marks contained on the Site are registered trademarks of Brock Built Homes, LLC. You may not use these marks without our express permission. You agree that if you violate this prohibition, we will pursue all legal and equitable remedies. You will be responsible for any losses, damages, claims, attorneys’ fees, or costs BBH may incur because of your violation.
All other trademarks used on the Site are the property of their respective owners. If a third party makes a claim or initiates suit against BBH due to your use of these other marks without permission of the proper party, you agree to indemnify and hold BBH harmless from such claim or suit including all costs and expense incurred by BBH in the defense of same including its actual attorney fees reasonably incurred. You also agree to reimburse BBH for all losses, attorneys’ fees, and costs that BBH incurs in connection with such claim or suit.
10. Forward-Looking Statements.
Some statements contained in this Site and in BBH’s press releases contain “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements are forward-looking statements based on various factors and assumptions which involve significant known and unknown risks and uncertainties. BBH makes no commitment, and disclaims any duty, to update any forward-looking statements to reflect future events or changes in these expectations.
11. Miscellaneous.
These Terms operate to the fullest extent permissible by law. You agree that any cause of action with respect to the Terms or Site must be instituted within one year after the cause of action arose. You agree that all such proceedings related to the Terms or Site shall be brought in the Superior Court of Cobb County, Georgia or the United States Federal District Court, Northern District of Georgia. The provisions of these Terms are severable, and in the event any provision of these Terms is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. BBH’s waiver of a breach of these Terms by you shall not operate or be construed as a waiver by BBH of all subsequent breaches by you.
If you have any questions about the Site or Terms, please contact us by email at [email protected] or write us at 280 Interstate North Circle SE, Suite 400, Atlanta, Georgia 30339.