Welcome to the Cornerstone Homes NY web site (the “Site”). This Agreement contains the terms, covenants, conditions, and provisions (the “Terms”) upon which you (the “User”) may access and use this Site. These Terms were last updated on May 1, 2005.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE CEASE USE OF THIS SITE PROMPTLY.
Use of Site
Cornerstone Homes CNY® authorizes you to view, print and download the materials on this Site only for your personal, non-commercial use, provided that you are in continued compliance with these Terms and you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. Except as otherwise expressly permitted herein, you may not use for any public or commercial purpose, modify, reproduce, publicly display, broadcast, transmit, perform, publish, mirror, frame, license, transfer, or distribute any information or materials obtained from or through this Site. For purposes of these Terms, any use of these materials on any other web site or networked computer environment for any purpose is prohibited. You may not (i) decompile, disassemble or reverse engineer this Site or otherwise attempt to determine the source code or trade secrets of the Site; (ii) violate or attempt to violate the security of the Site; (iii) otherwise disrupt or interfere with the operation of the Site. All Users warrant that they shall not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms.
All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Cornerstone Homes CNY does not grant any express or implied right(s) to Users of this Site. The contents of this Site are the property of Cornerstone Homes CNY. Removing or altering the copyright notice on any material on this Site is prohibited. Cornerstone Homes CNY also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site’s content. The Cornerstone Homes CNY mark, Cornerstone Homes CNY logo, and all other names, logos, and icons identifying Cornerstone Homes CNY and/or its products and services are proprietary marks of Cornerstone Homes CNY. Other product and company names mentioned herein may be the trademarks of their respective owners. The use of the Cornerstone Homes NY marks without the express written permission of Cornerstone Homes CNY is prohibited.
Links to Other Web Sites
Links to third-party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Cornerstone Homes CNY has not necessarily reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Accordingly, Cornerstone Homes CNY expressly disclaims any responsibility for the information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
Assumption of Risk - Security of the Internet
Use of the Internet and this Site is solely at your own risk While Cornerstone Homes CNY has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Cornerstone Homes CNY and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, legal representatives, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information.
The materials on this Site are being provided as a convenience to those interested in the Cornerstone Homes CNY’ communities and products, including, potential customers. Although Cornerstone Homes CNY attempts to maintain the accuracy and completeness of the materials in the Site, Users should understand that changing circumstances may render certain information contained herein obsolete or invalid. Additionally, the specifics regarding the construction of any home are dependent on multiple factors, including, for example, lots size, lot location, homeowner association restrictions, options selection and the like. Cornerstone Homes CNY may make changes to the materials on this Site, or to the products and prices described in them, at any time without notice. The materials on this Site may be out of date, and Cornerstone Homes CNY makes no commitment to update the materials at this Site. Information published on this Site may refer to products, programs or services that are not available in your state or country. Consult your local Cornerstone Homes NY business contact for information regarding the products, programs and services that may be available to you.
USERS OF THIS SITE MAY NOT RELY ON ANY OF THE STATEMENTS, REPRESENTATIONS OR MATERIALS CONTAINED HEREIN. ANY PRICING, FEATURES AND FUNCTIONS OF THE INTERACTIVE FLOOR PLAN VIEWER, OR OTHER INFORMATION PROVIDED ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS AN OFFER. THE TERMS AND CONDITIONS OF SALE OF ANY Cornerstone Homes NY PRODUCTS OR SERVICES SHALL BE SOLELY AND EXCLUSIVELY ESTABLISHED BY A WRITTEN SALES CONTRACT.
IN LIGHT OF THE FOREGOING, THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, INCLUDING PRICING INFORMATION; (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) AND (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY Cornerstone Homes CNY OR ANY THIRD PARTY. You are responsible for taking all necessary precautions to assure that any material you obtain from this site is free from computer viruses, worms, Trojan horses or other destructive devices. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
IN NO EVENT WILL Cornerstone Homes CNY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. USER ACKNOWLEDGES THAT NO DIRECT DAMAGES ARE POSSIBLE FROM USE OF OR ANY PROBLEMS WITH THIS FREE, PROMOTIONAL SITE, OR FROM Cornerstone Homes NY FAILURE TO PERFORM HEREUNDER.
You agree to defend, indemnify, and hold harmless Cornerstone Homes CNY and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, legal representatives, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of these Terms. You agree to cooperate as fully as reasonably required in Cornerstone Homes CNY’ defense of any claim. Cornerstone Homes CNY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Cornerstone Homes CNY.
This Site is administered by Cornerstone Homes CNY from its offices in the United States. Cornerstone Homes CNY makes no representation that materials on this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials on this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of laws. Any action at law or in equity arising out of or relating to these Terms or relating to your use of this Site will be brought in the federal or state courts presiding in Prince Georges County, Maryland, and you agree to be subject to the jurisdiction of such courts.
Term and Termination
These Terms will take effect at the time the User begins using this Site. Cornerstone Homes CNY reserves the right at any time and for any reason to deny any User access to the Site or any portion thereof, and to terminate these Terms. Termination will be effective without notice.
Changes to Terms
Cornerstone Homes CNY shall have the right at any time to change or modify these Terms. Cornerstone Homes CNY shall post a notice on the Site for a reasonable period of time with respect to any material update to these Terms. Any use of this Site by User after the posting of such notice shall be deemed acceptance by User of such changes or modifications.
Cornerstone Homes CNY may revise these Terms at any time by updating this posting. You should visit this page from time-to-time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. No waiver by Cornerstone Homes CNY of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Entire Agreement/Reservation of Rights
These Terms and Cornerstone Homes CNY’
We collect information that you provide to us. For example, to make the home buying process simpler and more enjoyable, Cornerstone Homes CNY may solicit general information regarding your home buying needs and preferences. For consumers interested in learning more about the products and services of Cornerstone Homes CNY, we offer a “News Alert” feature through the Site. If you wish to register to receive “News Alerts”, you will be required to submit your personal information, including your name, address, e-mail address, phone numbers, home-buying preferences and other information. If you send us an e-mail requesting information about Cornerstone Homes NY or otherwise asking us a question, we may collect information about you to respond to the question. We also collect information from you as part of our online job application process.
Use and Disclosure of Information Collected
Cornerstone Homes CNY may use personal data it collects to operate the Site, process online forms and applications, respond to inquiries, feedback, and other communications from you, provide customer service, analyze Site users’ behavior, and to improve and customize our products and services and our Site content. We also may send you e-mail and postal mail correspondence that we believe may be of interest to you and, if you provide your phone number and agree to be contacted by phone, call you. Cornerstone Homes CNY will not disclose to third parties any individually identifying information, such as names, postal and e-mail addresses, telephone numbers, and other personal information which users voluntarily provide to Cornerstone Homes CNY, except to the extent necessary to comply with applicable laws or valid legal processes, or to protect the rights or property of Cornerstone Homes CNY; provided, however, Cornerstone Homes CNY may provide information it collects to a successor to Cornerstone Homes CNY or to a third-party provider of (a) services directly related to the Site, or (b) services you request through the Site or a mailing.
Cornerstone Homes CNY does not sell customer lists or personal information to list brokers, marketing firms, or to other third parties.
You may choose not to provide us with any personal information when visiting and using the Site. In addition, you may set your browser not to accept cookies, but if you do so, certain Site features may be eliminated or hindered.
Cornerstone Homes NY takes reasonable precautions to protect your information from inadvertent disclosure and intrusion by third parties. If you have any questions about the security of the Site, please contact Cornerstone Homes CNY using the information provided below.
Third Party Links
This Site may contain links to other Internet web sites. Users are encouraged to be aware when they leave www.CornerstoneHomesNY.com and to read the privacy statement of each and every web site that collects personally identifiable information. Cornerstone Homes CNY does not endorse, and is not responsible for, the privacy practices or the content of these web sites.
Collection of Personal Data from Children
This Site is not intended for children under the age of 13. We will not knowingly collect information from Site visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose to web sites.