Skobel Homes Important Legal Notices, Conditions and Terms of Service Agreement
AGREEMENT.
All users of our Website and customers of Skobel Homes (together “you”, “your”, “user”, “users”), agree that access to and use of our Website and doing business with Skobel Homes and its affiliates (together “Skobel Homes”, “we”, “us”, “our”) subjects you to this Skobel Homes Important Legal Notices, Conditions and Terms of Service Agreement (this “Agreement”).
PRIVACY POLICY.
The Skobel Homes Privacy Policy is incorporated into, and made a part of this Agreement. Read the Skobel Homes Privacy Policy here.
EQUAL HOUSING OPPORTUNITY AND LICENSING.
Skobel Homes is an equal opportunity home builder. Skobel Homes provides housing without discrimination or other limitation based on race, color, religion, sex, handicap, familial status or national origin or other discrimination or limitation as provided by law. Skobel Homes is qualified as a licensed general contractor under Florida DBPR License Number CGC1512414.
EQUAL OPPORTUNITY EMPLOYER.
Skobel Homes is an equal opportunity employer, and considers all applicants without regard to race, color, sex, religion, disability, age, national origin, or any other legally protected status. Nothing on our Website shall constitute an offer of employment. Unless otherwise indicated in the employment documents, all employees are hired “at will” and may be terminated at any time, with or without cause.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY.
Our Website, including, without limitation, any compilation copyright, design, original layout of our Website, text, graphics, photographs, renderings, plans, floor plans, elevations and images created by Skobel Homes, are all copyrighted material (the “Material” or “Materials”) owned by Skobel Homes, and may not be used, modified, displayed, copied, reproduced or distributed in any manner, in whole or in part, without the express prior written consent of Skobel Homes, except that users, subject to any express restrictions relating to specific content, may display, download or print portions of the Material solely for user's own personal and non-commercial use. Skobel Homes logos and service names are trademarks and/or trade dress of Skobel Homes (collectively, the “Intellectual Property”). You may not use the Intellectual Property without the prior express written permission of Skobel Homes, which permission may be withheld in Skobel Homes sole discretion. Skobel Homes makes no claim to any third-party content, names, trademarks or service marks appearing on our Website. Any third-party content, names, trademarks, and service marks are property of their respective owners. If a third-party makes a claim or initiates suit against Skobel Homes due to your use of these other marks without the permission of the proper party, you agree to indemnify and hold Skobel Homes harmless from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable attorney fees) from such claim or suit.
CLAIMS OF COPYRIGHT INFRINGEMENT.
The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe in good faith that Materials on our Website infringe their rights. If you believe that Materials on our Website infringes your copyright, you or your agent may send us a notice requesting that we remove or block the Material. Notices must meet the requirements of the DMCA. Notices may be sent to us at: Skobel Homes, 7475 SW 70th Ln, Gainesville, FL 32608. There are penalties for false claims under the DMCA.
REGULATION AND RESTRICTIONS ON SOLICITATION.
The information presented on our Website is provided for general reference only and no content on our Website shall be construed or deemed to constitute an offer to sell any homes and offers to purchase our homes may only be made and accepted by execution of a written Purchase Contract by the parties thereto. This promotional material is not intended to constitute an offering in violation of the law of any jurisdiction. The information contained on our Website is not an offer to residents of California, Connecticut, Hawaii, Idaho, Illinois, Michigan, Minnesota, New Hampshire, New York, Nevada, New Jersey, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota or West Virginia, or any other jurisdiction where prohibited or restricted by law. As to such states, offers to sell property may be made and accepted only in-person at the sales center for the individual Skobel Homes communities.
NO INVESTMENT OR PROFESSIONAL ADVICE.
No statement contained on our Website or on any website featuring a particular project offered by Skobel Homes should be construed as investment advice. Prospective purchasers are urged to seek expert accounting, tax, legal or other professional advice prior to entering into any Purchase Contract.
THIRD PARTY LINKS.
Our Website contains links to other websites, including various social media platforms. Also, links to our Website may be featured on third party websites on which we advertise. We provide links to third party websites as a convenience to the user. These links do not imply endorsement of the linked website by us. The linked websites have separate and independent privacy statements, notices and terms of service, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility or liability for their content, terms of service or the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat your personal information.
NOTICE REGARDING SPECIFICATIONS, PRICES AND OTHER INFORMATION.
Skobel Homes reserves the right to change plans, specifications, pricing promotions, incentives, commissions, features, elevations, floor plans, designs, materials, and amenities without notice in its sole discretion. Prices are subject to change and may not include lot premiums, upgrades or predetermined options. Square footage and dimensions are approximate, subject to change without prior notice and may vary from the actual plans and homes as built. Landscaping, decorations, furniture, wall and window treatments, and other features in and around the model homes are decoration suggestions and not included in the sales price. All renderings, color schemes, floor plans, maps and displays are artists’ conceptions and are not intended to be an actual depiction of the home or its surroundings. Photos and renderings may show upgraded features and may not represent the base price home in any Community. Skobel Homes makes no representation or warranty that the mortgage calculator and any other features are accurate and such features are not an offer or a guarantee of a loan or an interest rate.
DEVELOPMENT PLANS, COMMUNITY AMENITIES, AND SURROUNDING PROPERTY.
Community features and amenities described are based upon current development plans that are subject to change by Skobel Homes, in its sole discretion, and the community features and amenities are under no obligation to be completed. Site plans and maps on our Website are not to scale and represent an artist's depiction of the existing and planned elements of the current proposed development. Artist's renderings, photos, site plans, features, assessments and fees, current product availability, specifications, programs and planned amenities are provided for information purposes only and are subject to change without notice and represent no commitment on the part of Skobel Homes in the future. All dimensions and specifications (including square footages and distances) are approximate. Use of certain recreational amenities or participation in certain activities may be subject to additional fees and availability. Further, no guarantee is made that the lots, building sites, facilities and features depicted within a certain Community will be constructed, or that if constructed, the number, type, size and location will be as depicted. Plans for common areas surrounding residential areas may be affected by such changes. Skobel Homes does not guarantee the current or future uses of the land outside the boundaries of any Community. School district boundaries and plans for new schools frequently change and are outside of Skobel Homes control. School and utility information should be verified with the appropriate agency or provider. For further details, please refer to the Purchase Contract, its addenda, and disclosure documentation provided in connection with the offer for sale at a particular Community. The zoning and land use designations for any Community and nearby surrounding property are subject to change. Therefore, the type of future development cannot be predicted with accuracy.
TRANSMISSIONS, SUBMISSIONS AND POSTINGS.
If you submit or post information to us (“User Content”), you automatically grant Skobel Homes and its affiliates the worldwide, perpetual, irrevocable, fully-paid, royalty-free, unrestricted, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You represent and warrant that you own the content submitted, displayed, published or posted by you, and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate any laws and will not violate any the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You acknowledge that your User Content may contain ideas, concepts, know-how or techniques and you acknowledge that Skobel Homes use of any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, building, designing, manufacturing and marketing items and other materials incorporating such information shall be without cost or obligation to you.
NO REPRESENTATIONS OR WARRANTIES.
THE MATERIAL, OUR WEBSITE AND ANY PRODUCTS ASSOCIATED WITH OUR WEBSITE ARE PROVIDED "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO OUR WEBSITE, ITS OPERATION, THE PRODUCTS AND SERVICES OFFERED BY VENDORS IDENTIFIED ON OUR WEBSITE, OTHER PRODUCTS ASSOCIATED WITH OUR WEBSITE, OR THE INFORMATION, MATERIALS, OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND ALL PRODUCTS AND MATERIAL INCLUDED ON OR ASSOCIATED WITH OUR WEBSITE IS AT YOUR SOLE RISK.
SKOBEL HOMES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE INFORMATION ON OUR WEBSITE, ANY SKOBEL HOMES MATERIAL, ANY OTHER MARKETING MATERIAL AND COLLATERAL MATERIALS DISTRIBUTED BY SKOBEL HOMES, WHETHER OR NOT ON OUR WEBSITE, AND ANY INFORMATION ABOUT HOMES OR OTHER PRODUCTS ASSOCIATED WITH SKOBEL HOMES OR OUR WEBSITE, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIAL OR OUR WEBSITE AND PRODUCTS ASSOCIATED WITH THE MATERIAL OR OUR WEBSITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS AND/OR COMPLETENESS OF THE MATERIAL AND OUR WEBSITE AND PRODUCTS ASSOCIATED WITH THE MATERIAL. SKOBEL HOMES MAKES NO REPRESENTATION OR WARRANTY THAT THE MATERIAL THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR WEBSITE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS ON LIABILITY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS AND LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SKOBEL HOMES BE LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, ACTUAL, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (1) YOUR ACCESS AND USE OF OUR WEBSITE; (2) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR WEBSITE FOR ANY REASON; (3) YOUR DOWNLOADING OF ANY OF THE MATERIAL FOR YOUR USE; (4) YOUR RELIANCE UPON OR USE OF THE MATERIAL; (5) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; OR (6) ANY INFORMATION, SOFTWARE, PRODUCTS OR MATERIAL OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SKOBEL HOMES AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SKOBEL HOMES LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING FROM THE MATERIAL OR OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE-HUNDRED DOLLARS ($100.00).
YOU SPECIFICALLY ACKNOWLEDGE THAT SKOBEL HOMES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND SKOBEL HOMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MATERIAL OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
INDEMNITY.
You agree to indemnify and hold harmless Skobel Homes, its affiliates, directors, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable attorney fees), resulting from your (or anyone acting under your password or username) use of our Website, damages arising out of your User Content, or any alleged violation by you of this Agreement. If you cause a technical disruption of our Website or the systems transmitting our Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Skobel Homes reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Skobel Homes in the defense of such matter.
DISPUTE RESOLUTION AND JURISDICTION.
The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed. This Agreement is to be governed by and construed in accordance with the laws of Florida, without regard to Florida’s conflict of law principles. Our Website and Material shall be held as solely based in Florida and you agree our Website is a passive website that does not give rise to personal jurisdiction over Skobel Homes, whether specific or general, in jurisdictions other than in Florida. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you, shall be referred to final and binding arbitration, before one arbitrator, under the Construction Industry Arbitration Rules of the American Arbitration Association in Alachua County, Florida. In the event that any limitation on the period of time for bringing an claim, action, dispute or proceeding against Skobel Homes is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations in Florida, including but not limited to Florida Statutes Section 95, shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING OUR WEBSITE YOU CONSENT TO THESE RESTRICTIONS.
You and Skobel Homes shall select the arbitrator, and if you and Skobel Homes are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One-Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Skobel Homes, and may be entered in a court of competent jurisdiction in Alachua County, Florida, unless we give our express written consent to a court in a different jurisdiction. Any disputes regarding the arbitration provisions shall be resolved by the arbitrator. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Skobel Homes, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Alachua County, Florida.
CLASS ACTION WAIVER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY CLAIM OR DISPUTE, WHETHER IN ARBITRATION, IN COURT OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING, OR PROCEED ON A REPRESENTATIVE BASIS FOR OTHER PARTIES, WITHOUT THE PRIOR WRITTEN CONSENT OF SKOBEL HOMES AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
SUCCESSORS AND TERMINATION.
This Agreement shall, except as otherwise expressly provided herein: (a) bind and inure to the benefit of you and your heirs, personal representatives, successors and assigns, and (b) bind and inure to the benefit of Skobel Homes and its affiliates, successors and assigns. This Agreement shall remain in force and effect until terminated by Skobel Homes. In the event of termination of this Agreement, restrictions imposed upon you by this Agreement, including all disclaimers, waivers, releases and limitations of liability, shall survive.
OTHER PROVISIONS.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. The information on our Website is not an offer of products or services where Skobel Homes is not doing business or where prohibited by law. Our Website is offered by Skobel Homes from facilities in the USA. Skobel Homes makes no representations that our Website is appropriate or available for use in other jurisdictions. If you access or use our Website from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law. This Agreement and the Privacy Policy constitute the entire agreement between you and Skobel Homes regarding the subject matter of the same, and supersede any other previous agreements regarding the same. However, notwithstanding the foregoing, a Purchase Contract with Skobel Homes and its addenda shall govern and control any conflicts with this Agreement and the Privacy Policy.
CHANGES TO THIS AGREEMENT.
Skobel Homes reserves the right to change this Agreement from time to time. Skobel Homes will notify you of changes to this Agreement by updating it on our Website and setting forth the date on which the update was made. We encourage you to retain a copy of this Agreement and periodically to check our Website for updates. Your use of our Website indicates your acceptance of the latest version of this Agreement.
CONTACTING US.
Please contact us if: you have any questions or comments about this Agreement, You may contact us by email at hello@skobel.com or by mail at the following address:
Skobel Homes
7475 SW 70th Ln,
Gainesville, FL 32608
Revision: August 09, 2016