TERMS OF USE

This website is provided by Hayden Jennings Properties. 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 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.

I. Terms of Use

A. 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. Hayden Jennings Properties may revise the content of this website or these Terms at any time. Hayden Jennings Properties 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.

B. Linked Sites

For convenience, Hayden Jennings Properties has provided links to websites operated by third parties. Hayden Jennings Properties and its affiliated entities shall not be responsible for the content of any sites linked from this website. These links shall not be construed to imply that Hayden Jennings Properties supports, verifies, proclaims or endorses any of the linked sites or the representations or content presented at such linked sites.

C. 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 Hayden Jennings Properties or its affiliates 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 Hayden Jennings Properties and are protected by U.S. and international copyright laws. Hayden Jennings Properties 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 Hayden Jennings Properties.

D. 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.

E. Indemnification

User agrees to defend, indemnify and hold Hayden Jennings Properties 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.

F. 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 Hayden Jennings Properties to insist upon compliance by User with these Terms shall not limit Hayden Jennings Properties’ rights with respect to subsequent breaches of compliance of these Terms by User.

G. Disclaimer of Warranty

THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED TO THE USER ON AN “AS IS” BASIS AND HAYDEN JENNINGS PROPERTIES 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.

H. Limitation of Liability

IN NO EVENT SHALL HAYDEN JENNINGS PROPERTIES 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.

HAYDEN JENNINGS PROPERTIES SHALL NOT BE LIABLE FOR SUCH DAMAGES EVEN IF HAYDEN JENNINGS PROPERTIES 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.

 

II. Disclaimers Related to Real Estate Sales

A. Equal Housing Opportunity

Hayden Jennings Properties 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.

B. Offering Disclaimers

OBTAIN THE PROPERTY REPORT REQUIRED BY FEDERAL LAW AND READ IT BEFORE SIGNING ANYTHING. NO FEDERAL AGENCY HAS JUDGED THE MERITS OR VALUE, IF ANY, OF THIS PROPERTY. The material on this website shall not constitute an offer in any jurisdiction where prior registration is required, including New York, except as provided in the paragraph below. 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.