POINT HOPE
TERMS OF USE
YOU ARE ADVISED THAT YOUR ACCESS AND USE OF THIS WEBSITE CONSTITUTES YOUR FULL ACCEPTANCE AND AGREEMENT TO THESE TERMS OF USE.
This website (“Website”) is provided by Cainhoy Land and Timber, LLC and its affiliated entities and assigns (collectively referred to as “Developer”). DI Development, LLC, its affiliates and assigns may be engaged as the manager of the Community. This Website is provided for and may be used for informational purposes only. By using this Website or downloading materials from it, you (you and all other visitors to this Website are also hereinafter referred to as “Users”) agree to abide by these Terms and Conditions of Use and the Privacy Policy (hereinafter referred to as these “Terms”) set forth below. If you do not agree to abide by these Terms, please do not use this Website or download materials from this Website. The material provided on this Website is protected by law, including, but not limited to, United States copyright law and international treaties. Please read these Terms carefully as it governs your use of the Services and this Website.
- Terms of Use
Information on the Website Subject to Change
We endeavor to keep the information on this Website current, complete, and accurate. However, if you are interested in purchasing real estate in projects that are identified on this Website, then we encourage you to contact us to receive more information, although the laws of your state will dictate our ability to provide you with additional information. The information presented on this Website is provided for general reference only and is not a representation of the content of the sales contract or other offering documents and governing documents for the residential product contained on this Website.
The information set forth in this Website as well as these Terms are subject to change from time to time and at any time. Developer may revise the content of this Website or these Terms at any time. Developer may terminate this Website or these Terms at any time in its sole discretion. You should visit this page to review the current Terms of Use because they are binding on you. Your use of this Website following any change in these Terms constitutes your agreement to be bound by these Terms as revised. If any revisions of these Terms are not acceptable to you, your only recourse is to terminate your use of this Website.
Prohibited and Unlawful Uses
You agree not to use this Website, including but not limited to any materials or services that you may receive through your use of this Website: (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; (b) to stalk, harass or harm another person or to interfere with any other party’s use and enjoyment of this Website; (c) to impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity; (d) to imply any relationship with Developer or to create the perception of any such relationship; or (e) to damage, disable, overburden, interfere with or disrupt this Website, or the servers or networks connected to this Website or any of Developer’s or DI Development Company’s related Websites. You further agree not to: (a) use any data mining, robots, or similar autonomous program or any network designed for data gathering or extraction methods in connection with this Website, or (b) attempt to gain unauthorized access to any portion of the Website or any other services, accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means or method. You may not obtain or attempt to obtain any materials or information through any means or method not intentionally made available through this Website. Any hacking or interference by yourself or others in the orderly and proper administration of this Website will be prosecuted to the full extent of the law. You agree to indemnify and hold Developer harmless from any damage, loss, expense, including without limitation reasonable 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 this Website.
Linked Websites
For convenience, Developer has provided links to Websites operated by third parties. Developer and its affiliated entities shall not be responsible for the content of any Websites linked from this Website. These links shall not be construed to imply that Developer supports, verifies, proclaims or endorses any of the linked Websites or the representations or content presented at such linked Websites. If you decide to access any of the third-party Websites linked to this Website, you do so entirely at your own risk.
Social Media
Developer may from time to time operate pages on social media platforms, including but not limited to, Facebook, Google+, Instagram, Twitter, YouTube and Pinterest. By accessing, viewing, and or interacting with Developer’s social media pages, you unconditionally accept and agree to abide by those Terms, Terms of Service, Privacy Policy, Community Guidelines and Privacy Guidelines (collectively “Social Media Terms of Use”) for Facebook, Google+, Instagram, Twitter, YouTube and Pinterest, respectively, as well as other such Websites or platforms that may be utilized in the future. We may disable all or any social media features and any links at any time without notice in our discretion. Developer hereby expressly incorporates the Social Media Terms of Use to these Terms.
All Rights Reserved
All materials on this Website are the intellectual property (i.e., copyright, trademark, trade dress, service mark or other intellectual property right) of Developer, its affiliates or licensors or by third parties that have granted their permission to display these materials on this Website. The materials and presentation of this Website are the exclusive property of or are licensed for use by the Developer and are protected by U.S. and international copyright laws. Developer reserves all intellectual property rights in all of the content appearing on this Website. Users shall not obtain any right, title or interest in or to any of the materials on this Website as a result of accessing, printing or downloading such materials. The copying, modifying, distributing, transmitting, displaying, publishing, reproducing, linking to (including, without limitation, “deep linking” or “framing” of any page on this Website) or creating of derivative works from the information contained on this Website is strictly prohibited unless expressly authorized in writing by Developer. Any unauthorized use of any Materials or IP Rights shall cause irreparable damage to Developer and shall be subject to prosecution by Developer during which time Developer may pursue all remedies including, but not limited to, injunctive relief.
Hyperlinks to this Website
Brokers, salespersons and other real estate professionals are granted a limited, nonexclusive right to create a “hypertext” link to this Website provided that such link is to the entry or home page of this Website and does not portray Developer or any of its products or services in a false, misleading, offensive, derogatory, or otherwise defamatory manner as may be determined by Developer in its sole and absolute discretion. This limited right may be revoked by Developer at any time for any reason whatsoever. Notwithstanding the foregoing, the use of, framing or utilization of framing techniques to enclose any Developer trademark, logo or trade name or other proprietary information, including the Materials found at or on this Website, the content of any text or the layout/design of any page of this Website or any form contained on a page of this Website without the express written consent of Developer in each instance, is expressly prohibited. In name, trademark, or product name may be used without Developer’s express written consent in each instance.
Applicable Law and Venue
The laws of the State of South Carolina and the United States of America shall govern these Terms. All Users hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of South Carolina in the United States of America for any claims arising from or relating to the use of this Website. All Users further hereby waive any objection to the venue of such claims in the courts of the State of South Carolina of the United States of America.
Indemnification
User agrees to defend, indemnify and hold Developer harmless from and against any and all liability, claims, damages, costs and expenses, including attorneys’ fees, arising from or related to use of the Website.
General Provisions
These Terms represent the complete statement of the Terms and Conditions of Use and Privacy Policy, and they supersede any and all prior statements of the Terms and Conditions of Use and Privacy Policy. If any provision in these Terms is held to be invalid or unenforceable for any reason, the enforceability of the remainder of these Terms shall not be affected, and these Terms shall remain in full force and effect. The failure by Developer to insist upon compliance by User with these Terms shall not limit Developer’s rights with respect to subsequent breaches of compliance of these Terms by User.
Disclaimer of Warranty
THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED TO THE USER ON AN “AS IS” BASIS AND DEVELOPER DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN ANY JURISDICTION WHERE SUCH WARRANTIES CANNOT BE DISCLAIMED, IN WHOLE OR IN PART, BY APPLICABLE LAW, THE DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. AS A RESULT, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU BASED UPON APPLICABLE LAW.
Limitation of Liability
IN NO EVENT SHALL DEVELOPER OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT AND MATERIALS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES.
DEVELOPER SHALL NOT BE LIABLE FOR SUCH DAMAGES EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY JURISDICTION WHERE LIABILITY CANNOT BE LIMITED, IN WHOLE OR IN PART, BY APPLICABLE LAW, THE DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. AS A RESULT, THE ABOVE LIMITATION MAY NOT APPLY TO YOU BASED UPON APPLICABLE LAW.
- Disclaimers Related to Real Estate Sales
Equal Housing Opportunity
Developer is committed to equal housing opportunity and to advertising and marketing product that does not obstruct the obtaining of housing due to race, color, religion, sex, handicap, familial status or national origin.
Offering Disclaimers
The material on this Website shall not constitute an offer in any jurisdiction where prior registration is required unless the community in question has been so qualified or an applicable exemption is available. Void where prohibited by law. No state or federal agency has judged the merits or value, if any, of the real property offered on this Website. Artist’s renderings, prices, photos, concept plans, floor plans, planned amenities, and lot/dwelling features are based upon current development plans that are subject to change without notice. The materials regarding the residential products on this Website shall not be deemed as a representation of what is contained within the applicable governing documents for the residential community featured on this Website. All area measurements and space dimensions are approximate and are subject to change at any time without notice. Users should not rely upon the information contained on this Website for making decisions to purchase or lease real estate. Use of amenities described on this Website may be subject to membership and/or other requirements and additional fees.
Builders
This Website presents details regarding builders of residential product at our community. Builders are independently owned and operated and are not affiliated with Developer. Homebuyers in the Community contract directly with Builders 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, engineering, workmanship, construction materials or their availability, or availability of any home or any other building constructed by such Builders at the Community or the obligations of any such Builders or materialmen to the homebuyer.
References to builders or approval of builders by Developer shall not be deemed or construed as an endorsement, warranty or certification by Developer or its affiliates of the builder or builder’s performance. Facts about builders contained on this page have been provided by the builders and are not representations of Developer or its affiliates. We have not independently verified any of the claims made by the builders that are included on this Website, as such information is solely the responsibility of each builder, and not of Developer.
No Investment Advice
The information on this Website shall not be deemed an offer or a solicitation of the purchase or sale of any securities. No statement contained herein should be construed as investment advice. Prospective purchasers are urged to seek expert investment advice.
Americans with Disabilities Act
Developer uses reasonable efforts to comply with 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 and will not tolerate any such discrimination.