TERMS OF USE
(Last Updated August 17, 2017)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THIS WEB SITE. BE ADVISED THAT THE CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE TO THESE TERMS OF USE.
These Terms of Use (“Terms”) apply exclusively to and govern your access and use of this Web site (the “Site”) and all content, services and products, if any, provided through the Site. This Site is presented to you by Rowe Lane Development, Ltd, (hereafter “Rowe Lane”) and its affiliates (collectively referred to as “Developer”) for the purposes of providing informational and communications regarding the master-planned community know as Blackhawk (including but not limited to any phase of Lakeside at Blackhawk, any phase of Park at Blackhawk, hereafter, the “Community”) and is not intended to constitute an offer or solicitation The Community does not include “Fairways at Blackhawk”. The use of the terms “we,” “us,” or “our” within this Site also refer to Developer. The terms “you” and “your” refer to you, a patron and user of this Site.
The Site is being offered for your use, subject to your acceptance without modification of these Terms and all other operating rules and policies (including Developer’s Privacy Policy). Rowe Lane attempts to keep the information included in the Web Site accurate and cannot and does not guarantee its accuracy or completeness (including but not limited to the text, graphics, renderings, links, future uses of adjacent areas outside the community, prices, association fees, the Community development plans, proposed amenities, size and layout of neighborhoods and availability of homes or lots offered by its builders or any other items contained in this Site or linked sites). Rowe Lane assumes no liability for inaccuracies, errors or omissions on this Site or in any of the materials printed from or linked to this Site or offered directly by a neighborhood builder. The Terms and content of this Site are subject to change without notice to you. Such changes are binding on you and are not subject to further acceptance by you If you do not agree with any of these Terms, do not access or otherwise use this Site or any information or materials contained on the Site. This Site is intended as an accommodation and is directed only to credit-worthy persons who are aged 18 years or older. Persons under the age of 18 should not use or submit any information to Developer. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.
Privacy Policy
Your use of the Site is also governed by the Privacy Policy, which is available on the Site and incorporated by reference into these Terms.
Use of Copyrighted Materials
Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship (collectively the “Materials”) are copyrighted materials owned by or licensed to Developer. All rights are reserved. The Materials contain trademarks, service marks and trade names which are all owned by Developer or licensed for use by Developer, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for reproduction, sale, commercial use or further distribution.
Hyperlinks to this Site
You are granted a limited, nonexclusive right to create a “hypertext” link to the Site provided that such link is to the entry or home page of this Site and does not portray Developer or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Developer at any time for any reason whatsoever.
Operation and Access of Site
Developer makes no representations or warranties regarding the availability of the Site at any given time, whether the use of the Site will be uninterrupted, or the continued operation of the Site. Developer may, with or without notices, suspend the operation of the Site of indefinite periods of time, terminate the operation of the Site at any time, and suspend or terminate your ability to access and use the Site at any time. Developer, with or without notice, may revise the features and functionality of the Site, and the instructions and guidelines regarding the access to and use of the Site, at any time. Developer may take reasonable steps to prevent the introduction of viruses, worms, Trojan horses, time bombs, or other computer programming routines, features or operations to the Site that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, Developer does not guarantee or warrant that the Site or materials transmitted from the Site do not contain such computer programming routines, features or operations. You shall indemnify and hold Developer harmless from any damage, loss, expense, including without limitation attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with these Terms. Developer is not responsible for any technical failures or problems that are beyond its control, or any results of any such failures or problems.
Prohibited and Unlawful Uses
You agree not to use this Site, including but not limited to any materials or services that you may receive through your use of this Site: (a) in a manner that violates any local, state, federal, foreign, or international statute, regulation, rule, order, treaty, or other law or for any purpose that is prohibited by these terms, conditions, or notices;; (c) to impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity; (d) to imply any relationship with Developer and/or its affiliates or to create the perception of any such relationship or (e) to damage, disable, overburden, interfere or disrupt this Site or the servers or networks connected to this Site or any of Developer’s related websites. You further agree not to: (a) use any data mining, robots, or similar data gathering or extraction methods in connection with this Site. You shall indemnify and hold Developer harmless from any damage, loss, expense, including without limitation attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relenting to any failure by you to comply with these Terms or any misrepresentation you make in your use and participation in the information provided by the Site.
Links to Third Party and Builder Web Sites
The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by the Developer. If you use these links, you may leave the Site. Developer has not reviewed any of these third party websites and does not control and is not responsible for any of these websites or their content. Developer does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
Use of Site is “As Is”
USE OF THE SITE IS PROVIDED “AS IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF NON-INFRINGEMENT. IN NO EVENT SHALL DEVELOPER BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THE SITES, FOR ANY SUSPENSION OR TERMINATION OF THE OPERATION OF THE SITE OR YOUR ABILITY TO ACCESS AND USE THE SITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE SITE BY YOU IS AT YOUR SOLE RISK, RESPONSIBILITY AND LIABILITY.
Developer makes no, and hereby disclaims all, warranties, express, implied and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, compliance with Federal, State and local regulations, the accuracy, timeliness, relevance, reliability or completeness of the Site or the Materials or any other warranties regarding the Site, Materials or the quality, suitability, truth, accuracy, timeliness, relevance and completeness of any content or other Materials contained on the Site. You acknowledge and agree that Developer does not warrant that access to the Site will be uninterrupted, or error-free. The Site is made available “as is” and “with all faults.”
No Investment Representation
Homes in the Community are being sold by builders that are unrelated to Developer. Developer does not make, nor condone, any representations about future income, profit or rental potential of any home. No statement contained on this Site or on any web site featuring a particular project offered by Blackhawk, it subsidiaries or affiliates should be construed as investment advice.
Not an Offering Where Prior Qualification Required or Where Prohibited by Law
The information in this Site does not constitute an offer to residents of jurisdictions where prior registration of out-of-state real estate offerings are required unless the community in question has been so qualified or exemptions are available. Offers to buy property originate from the buyer and can only be accepted by a Builder. Void where prohibited by law. No State or Federal agency has judged the merits or value, if any, of the real property offered in this Site.
Disclaimers of Warranties Developer is not a guarantor or party to any of the agreements between the Builders and third parties, including home buyers. Homebuyers shall look solely to the Builders with respect to any claims or issues arising out of their purchase of a home in the Community. Homebuyers should look to the relevant purchase contract and the disclosures, if any, accompanying such purchase contract provided by the Builder for the complete terms of sale.
Homes within the Community are constructed and sold by Builders not affiliated with Developer. Developer does not warrant or guarantee the obligations, construction, or pricing of Builders who may build and sell homes in the Community. Future development of the Community may or may not occur as shown on illustrations, depictions or maps.
Any sketches, renderings, elevations, graphic materials, plans, specifications, completion dates, terms, conditions and statements contained in the Site are proposed only, and Developer reserves the right to modify, revise and withdraw any or all of same in its sole discretion and without further notice. Maps and illustrations are not drawn to scale and are artistic renderings only. Finishing items displayed in this Site are shown for illustrative purposes only and may not actually be included in the home you purchase. Finishing items are items such as, but not limited to, tile, marble, carpet, cabinets, stone, brickwork, wood, paint, stain and mica that are subject to size and color variations, grain and quality variations, and whose availability may vary in accordance with price, availability and manufacturer. Similarly, wall coverings, paint colors, accent light fixtures, wall ornaments, drapes, blinds, bedspreads, furniture, furnishings, wet bars, monitoring systems, certain built-in fixtures, special floor coverings, wood trim may be included in models or shown in illustrations in this Site strictly for purposes of decoration or example only and may not be included in the home you purchase from Builder. All improvements, designs and construction are subject to first obtaining the appropriate Federal, State and local permits and approvals for the same. Actual improvements may vary from those depicted and water, panoramic or scenic views may not be available from all the homes located in the Community nor are any such views guaranteed. Future development can modify, limit or eliminate view from a particular home.
Developer seeks to work with reputable Builders; however, each Builder operates independently and is not affiliated with Developer. Homebuyers in the Community contract directly with the Builder and must rely solely on their own investigation and judgment of the Builder’s construction and financial capabilities in as much as the Developer does not warrant or guarantee such capabilities, nor does Developer warrant or guarantee the design, views, pricing (which is subject to change), engineering, workmanship, construction materials or their availability, or availability of any home or any other building constructed by such Builder or the obligations of any such Builder or materialmen to the homebuyer.
Reliance on Statements on the Web Site
Developer and Rowe Lane reserves the right, without any prior notice, to change any information within this Site, and/or change any Community project at any time, and Developer disclaims any duty to update the information and makes no commitment as to any development plans within or outside of the Community in the future.
School, Utility, Governmental Information
School district boundaries and plans for new schools frequently change and are outside of Developer’s control. School, utility, and governmental information should be verified with the appropriate agency or utility supplier prior to purchasing a home.
Zoning
The zoning and land use designations for the Community is subject to change from time to time. Each buyer is strongly advised to investigate and determine for his, her or their own account if the zoning and land use designations for the Community and other real properties in the vicinity of the Community are compatible with such buyer’s occupancy, use and enjoyment of the lot and residential dwelling purchased by such buyer.
Americans with Disabilities Act
Developer supports and will use reasonable and diligent efforts to comply with the policies and intent of the Americans with Disabilities Act (ADA). Title III of the ADA prohibits discrimination against persons with disabilities in places of public accommodation and commercial facilities.
Equal Opportunity
Developer is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. Developer encourages and supports an affirmative advertising and marketing program in which there are not barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin. In addition, Developer is committed to its compliance with the laws and regulations of other jurisdictions that may add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and the like.
Press Releases
The information contained within press releases issued by Developer should not be deemed accurate or current except as of the date the release was posted in which case, Developer has used reasonable efforts to ensure the accuracy. Developer has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.
Forward Looking Statements
Our marketing materials and communications may contain “Forward Looking Statements” – that is, statements related to future, not past, events or projects. In this context, forward looking statements usually address our expected business performance and condition, and often contain words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “see,” “will,” “would,” or “target.” Forward Looking Statements by their very nature address issues that are uncertain and may cause our actual future results to be materially different than those expressed in our Forward Looking Statements. The differences in future results from Forward Looking Statements may be caused by, but are not limited to: 1. Economic conditions in the Community’s state or elsewhere 2. Market demands 3. Competitive factors and pricing factors in the Community’s primary markets 4. Legislative and regulatory environments at the federal and state local levels.
Revisions to these Terms of Use
You agree that Developer can revise these Terms of Use at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms of Use.
General Provisions
Enforcement of these Terms of Use will be governed by Texas law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Site will lie in the state or federal courts located in Austin, Texas, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Developer to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Developer in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.
Contact Us
If you have any questions regarding the Site, please contact Developer by sending an email to: info@besomeonedesign.com
COPYRIGHT © Rowe Lane Development Ltd. 2017 All rights reserved.