Terms

Definitions

"We", "us", "our", and “the Company” shall mean Hamilton Thomas Homes I, LP for itself and its past, present, and future predecessors, successors, subsidiaries, parents, affiliates, officers, directors, members, managers, employees, former employees, contractors, subcontractors, owners, representatives, attorneys, agents, and assigns.

We may refer to you or any person that uses our Sites as "you" or "your" or a "user."

When we use the term “Sites” we mean all the individual URL(s) or Internet address locations, sites and pages within the hamiltonthomashomes.com domain and materials provided with our Sites, including without limitation, our applications, social media sites, mobile phone applications, content, information, graphics, multimedia materials, code, logos, service and trademarks, designs, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions, tools and services in, on or associated with our Sites.

These Terms of Use include our Privacy Policy and any other terms we disclose or notify you of when you use or attempt to use our Sites ("Additional Terms"), all of which are incorporated by reference and form a part of our Terms of Use for all purposes.

Property Rights
Except as otherwise specifically permitted, you may only use our Sites for personal, non-commercial purposes. Under no circumstances may you use our Sites in a manner that exceeds the rights granted for your use without our prior written consent. You acknowledge and agree that our Sites are and shall remain the exclusive property of the Company unless under license from a copyright owner. All rights are reserved. No part of our Sites may, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the Company’s prior written consent, except to the extent that such use is authorized under the United States and other relevant copyright laws. The Company’s trademarks, logos, images, and service marks used on the Sites are the property of the Company and may not be used without the prior written consent of the Company and without proper acknowledgment. You agree that if you violate the prohibitions contained herein, you may be subject to all legal remedies available to us. You will also be responsible for any other losses, attorneys' fees or costs we may incur due to your violation. Our Sites also contain trademarks and service marks that belong to third parties. These other trademarks and service marks are the property of their respective owners. If a third party makes a claim or initiates suit against us due to your use of these other marks without the permission of the proper party, you agree to indemnify and hold the Company harmless from such claim or suit. You also agree to reimburse us for all losses, attorneys' fees and costs that we incur in connection with such claim or suit.

Third Party Content and Links
Certain areas of our Sites include content provided or posted by third parties or links to third party sites (including through embedded plug-ins to social media sites). A link to such a third- party site does not imply endorsement thereof nor any ability to control such site’s content, policies, or practices. The Company is not responsible for content, statements, or representations of any third parties, or for their products, services, policies, terms of use or privacy practices. If you have questions about the policies of third party sites, you should carefully read those sites’ privacy policies and terms of use.

Release, Disclaimer, Limitation of Liability, and Indemnity

YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND EVERYTHING THEREON IS PROVIDED TO YOU “AS IS, WHERE IS,” AS AN ACCOMODATION, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

OUR SITES ARE INTENDED TO BE FOR GENERAL REFERENCE AND INFORMATIONAL PURPOSES ONLY. ALTHOUGH THE COMPANY ATTEMPTS TO PROVIDE ACCURATE INFORMATION, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN OUR SITES WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT OR TO ENSURE THAT THE SITES OR THE SERVER THAT MAKES OUR SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO THE USE OF OR THE MATERIAL ON THE SITES SHALL BE TO DISCONTINUE ACCESSING THE SITES AND USING THE INFORMATION OR MATERIAL OBTAINED.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE THE COMPANY FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST, REGARDLESS OF WHETHER THE CLAIM UNDER WHICH DAMAGES ARE SOUGHT IS BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) OUR SITES, THE USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN, OR DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY FROM DOWNLOADING MATERIAL FROM OUR SITES. 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 ABOVE MAY NOT APPLY TO YOU.

YOU SHALL INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIM, CLAIM FOR RELIEF, DEMAND, DAMAGE, INVESTIGATION, LOSS, LIABILITY, 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 OF USE.

We Can Change Our Sites and Terms of Use

We may modify all or any part of our Sites, as well as our Terms of Use at any time and for any reason. The changes are effective after we update our Sites with new Terms of Use which set forth the date on which the update was made. If you use our Sites after the date we say the changes are effective, it means you are agreeing to be bound by the Terms of Use with all the changes we post. You agree that the Terms of Use have the same effect as an agreement in writing. We encourage you to check back here frequently so you remain aware of the current Terms of Use that apply to you.

We Have the Right to Terminate

We have the right to discontinue, suspend or terminate our Sites or your use of our Sites at any time, including any time we determine, in our sole judgment, your use of our Sites does or may violate our Terms of Use. We may use technological, legal, operational, or other means available to enforce our Terms of Use. In the event of termination of these Terms of Use, all restrictions imposed upon you thereby, including all disclaimers, waivers, releases, and limitations of liability, shall survive.

Governing Law and Disputes

Our Terms of Use and your use of our Sites shall be construed, governed by and enforced under the substantive laws of the State of Texas, without regard to its conflict of law provisions. You agree to submit to the exclusive personal jurisdiction of the state or federal courts located in Travis County, Texas, for the purpose of litigating any and all disputes arising out of these Terms of Use or your use of the Sites.

Other Provisions

The Terms of Use constitute the entire agreement you have with us regarding the subject matter and supersedes all prior and/or inconsistent understandings. The unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use. You may not assign your obligations to anyone else. If we fail to enforce any portion of the Terms of Use, it shall not be considered a waiver. These Terms of Use do not confer any third party beneficiary rights.

Void Where Prohibited

Our Sites are accessible by users throughout the world. The Company’s products, services and offers may not be available in your jurisdiction, state, or community. The information on our Sites is not intended to constitute an offer or solicitation where prohibited by law.

Questions?

Please contact us with any questions about this Terms of Use by emailing us at ContactUs@HamiltonThomasHomes.com