
Terms of Service
Terms of Service
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Last Revised: 09-19-2024
This document sets forth the Terms of Service for www.esarhomes.com (the "Site") and the services, features, content, or applications provided by Esar Homes ("we," "us," or "our") (collectively referred to as the "Services"). By using the Services, you accept these Terms.
Acceptance of Terms of Service
BINDING AGREEMENT. BY USING OR REGISTERING FOR THE SERVICES, YOU AGREE TO THESE TERMS, WHICH CONSTITUTE A LEGALLY BINDING AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS.
Applicability
These Terms of Service apply to all users, including those who browse the Site, request home building services, and submit any form of content, such as reviews or feedback.
Eligibility Requirements
You must be at least eighteen (18) years old to use the Services. By using the Services, you confirm that you meet these eligibility requirements and that you are legally capable of entering into this agreement. If you are under 18, you may not use the Services.
Non-U.S. Users
We operate from the United States, and make no representations that our Services are suitable or available for use in other countries. If you access the Services from outside the U.S., you do so at your own risk and are responsible for complying with local laws. By using the Services, you consent to the transfer and storage of your information within the United States.
What We Do
Esar Homes offers custom home building, renovation, and remodeling services. The Site allows potential clients to interact with us and submit inquiries. Esar Homes does not control or operate third-party listings or services unless explicitly stated.
Please Use Caution
Esar Homes is not responsible for agreements you make with third parties or other users. You must use your own judgment when engaging in interactions or transactions, and conduct all necessary inquiries and due diligence. We are not liable for any disputes that arise between users.
Advertising
You acknowledge and agree that our Services may include advertisements and promotions. Advertisements may appear around or alongside your User Content. By using the Services, you agree to the display of such advertisements.
Registration
To use certain features of the Services, you must create an account. You are responsible for providing accurate information and keeping your credentials secure. You must inform us immediately if you detect unauthorized access to your account. You are responsible for all activities conducted through your account.
License Grant
We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal use. You may not reproduce, modify, or distribute any content from the Site for commercial purposes without our written permission.
Availability of Content
Esar Homes reserves the right to modify, remove, or alter any content on the Site at our discretion. We make no guarantees that any content will be available at all times.
Rules of Conduct
As a user, you agree not to use the Services for any illegal or prohibited activities. This includes, but is not limited to, manipulating listings, posting false information, or engaging in unauthorized data scraping.
Our Additional Rights
We may access and disclose your information as required to comply with laws, enforce our terms, or protect our rights. We reserve the right to conduct background or credit checks at our discretion.
Equal Housing Opportunity
Esar Homes supports equal housing opportunity and adheres to U.S. policy on non-discriminatory housing practices. We encourage all users to comply with fair housing laws and regulations.
User Content
You are responsible for all content you post or submit through the Services ("User Content"). By submitting User Content, you affirm that it is accurate and lawful, and does not infringe on the rights of others.
License Grant (User Content)
By submitting User Content, you grant us a worldwide, non-exclusive, perpetual, royalty-free license to use, reproduce, modify, and distribute your content in connection with the Services. You retain ownership of your User Content but grant us the rights to use it for any operational purposes.
Intellectual Property Rights
All content provided by Esar Homes, including text, images, software, and trademarks, is the intellectual property of Esar Homes or our licensors. You may not use any content without prior written permission.
Third-Party Services
The Site may link to third-party websites or services. Esar Homes is not responsible for the content or services provided by third parties, and you use them at your own risk.
Payment Processing
Payments are processed by third-party payment processors. Esar Homes does not store credit card information. Payment processors may have their own terms and conditions, which apply to your transactions.
Termination
We may terminate or suspend your account or access to the Services at any time, for any reason, without prior notice. Upon termination, your rights to use the Services will cease immediately.
Warranty Disclaimer
The Services are provided on an "as-is" and "as-available" basis. We disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
No Fiduciary Duty
We do not have any fiduciary duty to you. You agree that Esar Homes has no obligation to take action regarding which users access the Services or how they use the content.
No Responsibility
You assume full responsibility for any decisions or actions based on content or interactions within the Services. Esar Homes is not liable for any harm or damages resulting from such decisions.
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Additional Disclaimers
Esar Homes does not endorse or guarantee any content, products, or services provided by third parties. You agree that any reliance on third-party content is at your own risk.
Limitation of Liability
In no event shall Esar Homes be liable for any indirect, incidental, or consequential damages arising from your use of the Services. Our total liability for any claim related to the Services is limited to the amount you paid, if any, for access to the Services.
Releases
You agree to release Esar Homes from any claims, demands, or damages arising from disputes between you and other users or third parties related to the use of the Services.
Arbitration Clause and Class Action Waiver
All disputes will be resolved through binding arbitration under the American Arbitration Association's rules for consumer-related disputes. You waive the right to participate in any class action lawsuit or class-wide arbitration.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Florida. Any disputes arising from these Terms will be resolved in the state or federal courts located in Florida.
User Disputes
We may choose to intervene in disputes between users but are not obligated to do so. You agree to cooperate with us in resolving disputes if requested.
Export Control
By using the Services, you agree to comply with all U.S. export control laws. You may not use the Services for any prohibited purposes.
Feedback
Any feedback or suggestions you provide to Esar Homes become our exclusive property. We may use your feedback without compensation or acknowledgment.
Modification
We reserve the right to modify these Terms of Service at any time. If we make significant changes, we will notify you through the Site or via email.
Application Terms
If you use any mobile application related to Esar Homes, you agree to comply with the terms of use set forth by the application store (e.g., Apple App Store or Google Play).
Miscellaneous
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Esar Homes. Any waiver or modification must be in writing and signed by an authorized representative of Esar Homes.
Entire Agreement and Severability
These Terms represent the full agreement between you and Esar Homes. If any part of the agreement is invalid or unenforceable, the remaining parts will still be enforceable.
Force Majeure
Esar Homes will not be liable for any delays or failures in performance caused by factors beyond our control, including natural disasters, war, or technical failures.
Assignment
You may not assign your rights or obligations under these Terms without our written consent. Esar Homes may assign its rights and obligations without restriction.
Agency
No agency, partnership, or joint venture is created by these Terms. Both parties agree that they are independent contractors.
Notices
All notices required under these Terms must be in writing and sent to the respective parties via email or certified mail.
No Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
Headings
Headings are provided for convenience only and have no legal significance.
Third-Party Rights
These Terms do not confer any rights on third parties, except as explicitly stated.
Contact
If you have any questions or concerns about these Terms, please contact us