TERMS OF USE
THESE TERMS OF USE CONTAIN IMPORTANT DISCLAIMERS THAT YOU SHOULD READ.
The following provisions set forth the Terms of Use for this Website, including the Mobile Website(s) (collectively, the “Website”). Please read these terms of use carefully (the “Terms”). If you use the Website, applications, or other services on which these Terms appear you agree you understand and accept these Terms. If you do not accept these terms you agree not to use the Website, applications, or other services on which these Terms appear. Eastwood Homes reserves the right to modify or change terms and associated content from time to time.
This Website is owned or operated by Eastwood Construction, LLC d/b/a Eastwood Homes (who together with its affiliates, other than its mortgage company, Clinchfield Capital Mortgage, LLC, and its affiliated title company Cardinal Title Center, LLC, are collectively referred to herein as "Eastwood Homes”). All rights reserved. Nothing on our Website should be construed as legal, accounting or tax advice. All offers, promotions and other advertisements are not effective unless a contract for the purchase of a home is fully executed.
The use of the Site shall be governed in all respects by the laws of the State of North Carolina without regard to choice of law provisions. Eastwood Homes does not conduct business or sell homes outside of North and South Carolina and this Website cannot be utilized to establish jurisdiction in any other state without Eastwood Homes express written consent.
DISCLAIMERS
Eastwood Homes, its subsidiaries, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Site. While Eastwood Homes strives to keep Content on this Site updated, accurate, and complete, Eastwood Homes, its agents, and affiliated entities will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of website content.
The content provided on this Site is intended for informational purposes only and is not intended to constitute an offer or solicitation. All homes about which information is provided herein are subject to prior sale. Prospective Buyers understand and agree the size of the Property, the location of sidewalks and driveways, landscaping, drainage patterns, topography, and other similar characteristics will differ from the model home plans, sales brochures, drawings or renderings which Buyer may have examined. Total square footage and/or room size(s) may vary from renderings, sales brochures, blue prints or model home plans. Prospective Buyers agree to visit an Eastwood Homes Sales Office to purchase a home and to secure desired Lot and plan selection, pricings, offers and other terms.
Although every effort has been made to ensure that the prices and terms contained herein are accurate and current, at any time such prices and terms are subject to change, prior sale, selected lot premiums and/or predetermined options. Prices shown refer to the base house and do not include any optional features. Photos and/or drawings of homes show upgraded landscaping and may not represent the lowest-priced homes in the community. Eastwood Homes reserves the right to make changes to its home designs and to build more or fewer homes than currently planned. Community description and amenities are developer’s current plans, are not guaranteed, and may change without notice. Users of the Website understand they are not Intended Third Party Beneficiaries.
Some of the properties advertised have lot premiums set by Eastwood Homes. Premiums are determined by a variety of factors and generally define the desirability of a particular lot when compared to other lots in the community or in a geographic area. Premiums do not necessarily indicate a lot with a better view, privacy, topography, lot size or that has any other distinguishing feature. If Buyer purchases a lot perceived as having privacy or a desirable view, Buyer is aware that the privacy or view from the desired lot today is not guaranteed and Eastwood Homes makes no representations or warranties about the scope or extent of any view or privacy now or in the future. Buyer understands that existing views or privacy may be altered or impaired by future construction by Eastwood Homes, by other developers, by growth of vegetation and/or trees, by fences and/or by other factors not presently known. Further, Property adjacent to or surrounding the Buyer’s Property, which is not owned by Eastwood Homes, is understood to not be within Eastwood Homes control. Plans for the use of Property owned by Eastwood Homes or others may be changed at any time and Buyer will not rely on any representations unless they are specified, in writing, and executed by an Officer of Eastwood Homes.
Promotional programs advertised on this site are typically available only on select lots at select communities, and typically are not available in conjunction with other offers.
Payment of any Broker Co-Op fee will be subject to certain conditions including, but not limited to, completion of a registration card evidencing that the buyer was accompanied by the broker on the first visit to the home.
THIS WEBSITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EASTWOOD HOMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EASTWOOD HOMES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE WEBSITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. EASTWOOD HOMES DOES NOT CORRECT CONTENT DEFECTS AND DOES NOT ENSURE THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE EASTWOOD HOMES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (“EASTWOOD HOMES”), FROM ALL CLAIMS OF ANY KIND. YOU AGREE, BY ACCESSING THIS WEBSITE, THAT YOU SHALL NOT ACT TO HOLD EASTWOOD HOMES LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGE TO COMPUTER EQUIPMENT, OR ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS WEBSITE, EVEN IF EASTWOOD HOMES HAS BEEN NOTIFIED OF SAME.
THE SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO THE CONTENT ON THIS WEBSITE OR ITS USE SHALL BE TO DISCONTINUE ACCESSING THE WEBSITE AND DISCONTINUE USING THE INFORMATION OR MATERIAL OBTAINED.
OWNERSHIP AND AFFILIATED BUSINESSES
This Website and its contents are owned by Eastwood Homes or used under license from others with all rights reserved. The reproduction, re-creation, retransmission or other use of any of the material on this Website, whether text, visual image, audio, video, or computer software, or the posting or framing on other websites without the express prior written permission of Eastwood Homes is expressly prohibited. Prospective Buyers are authorized to print hard copy portions of this Website for home buying purposes.
Unless required otherwise by law, Eastwood Homes will treat all information that you share with us whether shared online, obtained by Eastwood Homes from you in person or derived by us as a result of your visit to or use of our Website as non-confidential and non-proprietary. You agree and acknowledge that Eastwood Homes shall be granted an unlimited, non-exclusive, world-wide, non-revocable, perpetual license to use, reproduce, duplicate, transmit, display, publish, create derivative works, sublicense and perform any such information for any purpose whatsoever including marketing and you agree to hold us harmless with respect thereto.
Prospective Buyers acknowledges that upon purchase of an Eastwood Home they will be provided a copy of a Notice required by the Federal Real Estate Settlement Procedures Act and Regulation X (RESPA Notice) disclosing Eastwood Homes’ interest in a title insurance agency, Cardinal Title Center, LLC and in a lender, Clinchfield Capital Mortgage, LLC. Eastwood Homes supports affiliated business relationships to ensure Prospective Buyers receive enhanced service, convenience and, particularly as to title insurance, monetary savings to our Home Buyers.
Per the RESPA Notice certain incentives and seller contributions may require the use of certain lenders or title companies, some of which may be affiliates of Eastwood Homes, and could affect your loan amount. Not all Buyers will qualify for all offers. Prospective Buyers agree to visit an Eastwood Homes Sales Office to obtain additional information.
YOUR PRIVACY
Eastwood Homes, through its Website and its marketing campaigns with direct email, Twitter®, Facebook®, Google®, Better Business Bureau® (and others identified on the Website) receives information about Prospective Buyers, including, without limitation:
Contact Information provided by Prospective Buyer(s);
Prospective Buyer(s) and others interest in Eastwood Homes;
Inquiries concerning Eastwood Homes reputation for home building and service;
Vendor and career inquiries;
Philanthropic involvement inquiries;
Customer Service and warranty inquiries from existing owners of an Eastwood Homes;
Customer surveys and testimonials from existing owners of an Eastwood Home;
Sales inquiries;
Inquiries regarding Eastwood Homes communities and homeowner’s associations;
Cookies, Beacons and Login Information (all controllable by Website Users);
Land Sale and purchase inquiries from investors, developers and third parties;
Media and marketing information;
Information regarding Eastwood Homes affiliated business providers; and
Other automated, social media, email and advertisement and banner generated information arising from those who visit this Website.
The following provisions (our "Privacy Policy") set forth Your Privacy Rights with respect to the website (the "Website"). Information received by Eastwood Homes is utilized in the normal course of its business to support marketing, sales, warranty, customer service, affiliated business and other typical business uses. Eastwood Homes will only utilize information received as identified herein in compliance with law. Typically information received or collected by Eastwood Homes is used to respond to prospective Buyer inquiries, to answer questions, and to support Eastwood Homes business segments, including marketing, sales, warranty and construction, and customer service.
With information received from those who visit the Website contacts may occur from Eastwood Homes through written correspondence, email, through social media, through blogs, through web search avenues, via phone or text, and via any existing communication methodology available to Eastwood Homes. Unless required otherwise by law, Eastwood Homes will treat all information that you share with us whether shared online, obtained by Eastwood Homes from you in person or derived by us as a result of your visit to or use of our Website as non-confidential and non-proprietary. You agree and acknowledge that Eastwood Homes shall be granted an unlimited, non-exclusive, world-wide, non-revocable, perpetual license to use, reproduce, duplicate, transmit, display, publish, create derivative works, sublicense and perform any such information for any purpose whatsoever including marketing and you agree to hold us harmless with respect thereto.
Eastwood Homes shares information received from those who access our Website with other parties, including those with an affiliate business relationship with Eastwood Homes, with Eastwood Homes employees in marketing, sales, warranty, construction, operations and customer service business segments, with Eastwood Homes management and Officers, vendors who service Eastwood Homes customers, and third parties who maintain our Website.
QUESTIONS
Any questions about this Website or about anything within Terms of Use can be directed to: Corporate Officer, Website, 2857 Westport Road, Charlotte, NC 28208, (704) 399-4663.
