COPYRIGHT
INFRINGEMENTS
We respect the intellectual
property rights of others. If you
believe that any material available
on or through the Site infringes
upon any copyright you own or
control, please immediately notify
us using the contact information
provided below (a “Notification”). A
copy of your Notification will be
sent to the person who posted or
stored the material addressed in the
Notification. Please be advised that
pursuant to federal law you may be
held liable for damages if you make
material misrepresentations in a
Notification. Thus, if you are not
sure that material located on or
linked to by the Site infringes your
copyright, you should consider first
contacting an attorney.
These Terms of Use shall
remain in full force and effect
while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF
THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF
USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR
DELETE
YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate or suspend
your account for any reason, you are
prohibited from registering and
creating a new account under your
name, a fake or borrowed name, or
the name of any third party, even if
you may be acting on behalf of the
third party. In addition to
terminating or suspending your
account, we reserve the right to
take appropriate legal action,
including without limitation
pursuing civil, criminal, and
injunctive redress.
MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to
change, modify, or remove the
contents of the Site at any time or
for any reason at our sole
discretion without notice. However,
we have no obligation to update any
information on our Site. We also
reserve the right to modify or
discontinue all or part of the Site
without notice at any time. We will
not be liable to you or any third
party for any modification, price
change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site
will be available at all times. We
may experience hardware, software,
or other problems or need to perform
maintenance related to the Site,
resulting in interruptions, delays,
or errors. We reserve the right to
change, revise, update, suspend,
discontinue, or otherwise modify the
Site at any time or for any reason
without notice to you. You agree
that we have no liability whatsoever
for any loss, damage, or
inconvenience caused by your
inability to access or use the Site
during any downtime or
discontinuance of the Site. Nothing
in these Terms of Use will be
construed to obligate us to maintain
and support the Site or to supply
any corrections, updates, or
releases in connection therewith.
These Terms of Use and your
use of the Site are governed by and
construed in accordance with the
laws of
the State of
Texas
applicable to agreements made and to
be entirely performed within the
State of
Texas,
without regard to its conflict of
law principles.
Informal Negotiations
To expedite resolution and
control the cost of any dispute,
controversy, or claim related to
these Terms of Use (each a
"Dispute" and collectively, the
“Disputes”) brought by either
you or us (individually, a
“Party” and collectively, the
“Parties”), the Parties agree to
first attempt to negotiate any
Dispute (except those Disputes
expressly provided below)
informally for at least
thirty (30) days before
initiating arbitration. Such
informal negotiations commence
upon written notice from one
Party to the other Party.
If the Parties are unable
to resolve a Dispute through
informal negotiations, the
Dispute (except those Disputes
expressly excluded below) will
be finally and exclusively
resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration
shall be commenced and conducted
under the Commercial Arbitration
Rules of the American
Arbitration Association ("AAA")
and, where appropriate, the
AAA’s Supplementary Procedures
for Consumer Related Disputes
("AAA Consumer Rules"), both of
which are available at the AAA
website www.adr.org. Your
arbitration fees and your share
of arbitrator compensation shall
be governed by the AAA Consumer
Rules and, where appropriate,
limited by the AAA Consumer
Rules.
The arbitration may be conducted
in person, through the
submission of documents, by
phone, or online. The arbitrator
will make a decision in writing,
but need not provide a statement
of reasons unless requested by
either Party. The arbitrator
must follow applicable law, and
any award may be challenged if
the arbitrator fails to do so.
Except where otherwise required
by the applicable AAA rules or
applicable law, the arbitration
will take place in
United States County,
Texas. Except as otherwise
provided herein, the Parties may
litigate in court to compel
arbitration, stay proceedings
pending arbitration, or to
confirm, modify, vacate, or
enter judgment on the award
entered by the arbitrator.
If for any reason, a
Dispute proceeds in court rather
than arbitration, the Dispute
shall be commenced or prosecuted
in the state and federal courts
located in
Tarrant County,
Texas, and the Parties
hereby consent to, and waive all
defenses of lack of personal
jurisdiction, and forum non
conveniens with respect to venue
and jurisdiction in such state
and federal courts. Application
of the United Nations Convention
on Contracts for the
International Sale of Goods and
the the Uniform Computer
Information Transaction Act
(UCITA) are excluded from these
Terms of Use.
In no event shall any Dispute
brought by either Party related
in any way to the Site be
commenced more than
one (1) years after the
cause of action arose. If
this provision is found to be
illegal or unenforceable, then
neither Party will elect to
arbitrate any Dispute falling
within that portion of this
provision found to be illegal or
unenforceable and such Dispute
shall be decided by a court of
competent jurisdiction within
the courts listed for
jurisdiction above, and the
Parties agree to submit to the
personal jurisdiction of that
court.
The Parties agree that any
arbitration shall be limited to
the Dispute between the Parties
individually. To the full extent
permitted by law, (a) no
arbitration shall be joined with
any other proceeding; (b) there
is no right or authority for any
Dispute to be arbitrated on a
class-action basis or to utilize
class action procedures; and (c)
there is no right or authority
for any Dispute to be brought in
a purported representative
capacity on behalf of the
general public or any other
persons.
Exceptions to Informal
Negotiations and Arbitration
The Parties agree that the
following Disputes are not
subject to the above provisions
concerning informal negotiations
and binding arbitration: (a) any
Disputes seeking to enforce or
protect, or concerning the
validity of, any of the
intellectual property rights of
a Party; (b) any Dispute related
to, or arising from, allegations
of theft, piracy, invasion of
privacy, or unauthorized use;
and (c) any claim for injunctive
relief. If this provision is
found to be illegal or
unenforceable, then neither
Party will elect to arbitrate
any Dispute falling within that
portion of this provision found
to be illegal or unenforceable
and such Dispute shall be
decided by a court of competent
jurisdiction within the courts
listed for jurisdiction above,
and the Parties agree to submit
to the personal jurisdiction of
that court.
There may be information on
the Site that contains typographical
errors, inaccuracies, or omissions,
including descriptions, pricing,
availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or
omissions and to change or update
the information on the Site at any
time, without prior notice.
THE SITE IS PROVIDED ON AN
AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND
OUR SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR
USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE
WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE
OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO
$100.00 USD.
CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
You agree to defend,
indemnify, and hold us harmless,
including our subsidiaries,
affiliates, and all of our
respective officers, agents,
partners, and employees, from and
against any loss, damage, liability,
claim, or demand, including
reasonable attorneys’ fees and
expenses, made by any third party
due to or arising out of:
(1) your Contributions; (2)
use of the Site; (3) breach of these
Terms of Use; (4) any breach of your
representations and warranties set
forth in these Terms of Use; (5)
your violation of the rights of a
third party, including but not
limited to intellectual property
rights; or (6) any overt harmful act
toward any other user of the Site
with whom you connected via the
Site. Notwithstanding the foregoing,
we reserve the right, at your
expense, to assume the exclusive
defense and control of any matter
for which you are required to
indemnify us, and you agree to
cooperate, at your expense, with our
defense of such claims. We will use
reasonable efforts to notify you of
any such claim, action, or
proceeding which is subject to this
indemnification upon becoming aware
of it.
We will maintain certain data
that you transmit to the Site for
the purpose of managing the
performance of the Site, as well as
data relating to your use of the
Site. Although we perform regular
routine backups of data, you are
solely responsible for all data that
you transmit or that relates to any
activity you have undertaken using
the Site. You agree that we shall
have no liability to you for any
loss or corruption of any such data,
and you hereby waive any right of
action against us arising from any
such loss or corruption of such
data.
ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us
emails, and completing online forms
constitute electronic
communications. You consent to
receive electronic communications,
and you agree that all agreements,
notices, disclosures, and other
communications we provide to you
electronically, via email and on the
Site, satisfy any legal requirement
that such communication be in
writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED
BY US OR VIA THE SITE. You hereby
waive any rights or requirements
under any statutes, regulations,
rules, ordinances, or other laws in
any jurisdiction which require an
original signature or delivery or
retention of non-electronic records,
or to payments or the granting of
credits by any means other than
electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is
not satisfactorily resolved, you can
contact the Complaint Assistance
Unit of the Division of Consumer
Services of the California
Department of Consumer Affairs in
writing at 1625 North Market Blvd.,
Suite N 112, Sacramento, California
95834 or by telephone at (800)
952-5210 or (916) 445-1254.
These Terms of Use and any
policies or operating rules posted
by us on the Site or in respect to
the Site constitute the entire
agreement and understanding between
you and us. Our failure to exercise
or enforce any right or provision of
these Terms of Use shall not operate
as a waiver of such right or
provision. These Terms of Use
operate to the fullest extent
permissible by law. We may assign
any or all of our rights and
obligations to others at any time.
We shall not be responsible or
liable for any loss, damage, delay,
or failure to act caused by any
cause beyond our reasonable control.
If any provision or part of a
provision of these Terms of Use is
determined to be unlawful, void, or
unenforceable, that provision or
part of the provision is deemed
severable from these Terms of Use
and does not affect the validity and
enforceability of any remaining
provisions. There is no joint
venture, partnership, employment or
agency relationship created between
you and us as a result of these
Terms of Use or use of the Site. You
agree that these Terms of Use will
not be construed against us by
virtue of having drafted them. You
hereby waive any and all defenses
you may have based on the electronic
form of these Terms of Use and the
lack of signing by the parties
hereto to execute these Terms of
Use.
In order to resolve a
complaint regarding the Site or to
receive further information
regarding use of the Site, please
contact us at:
Legacy Housing Corporation
4801 Mark IV Parkway
Fort Worth,
TX
76106
United States
Phone: 8176247565
webmaster@legacyhousingcorp.com
