Disclaimer

EQUAL HOUSING OPPORTUNITY

 

Ashton Woods Homes is pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin.

EQUAL OPPORTUNITY EMPLOYER

 

Ashton Woods Homes is an equal opportunity employer, and considers all applicants without regard to race, color, sex, religion, disability, age, national origin, or any other legally protected status.

SPECIFICATIONS AND PRICING

 

Prices may not include lot premiums, upgrades or options.  Community association and golf fees may be required.  Ashton Woods Homes reserves the right to change plans, specifications, pricing promotions, incentives, features, elevations, floor plans, designs, materials, amenities and dimensions without notice in its sole discretion. Square footage and dimensions are approximate, subject to change without prior notice or obligation and may vary in actual construction.   Community improvements and recreational features and amenities described are based upon current development plans that are subject to change and that are under no obligation to be completed. Wall and window treatments, upgraded flooring, fireplace surrounds, landscape and other features in and around the model homes are designer suggestions and not included in the sales price. All renderings, color schemes, floor plans, maps and displays are artists’ conceptions and are not intended to be an actual depiction of the home or its surroundings. Actual position of home on lot will be determined by the site plan and plot plan.  Basements are available subject to site conditions. This is not an offer to sell real estate, or solicitation to buy real estate, in any jurisdiction where prohibited by law or in any jurisdiction where prior registration is required, including New York and New Jersey.  Floor plans are the property of Ashton Woods Homes and are protected by the U.S. copyright laws.  Please see Sales Representative and our Terms of Use for additional information. 

 

WEBSITE TERMS OF USE

 

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Ashton Woods Homes and its parent, subsidiary and affiliated companies (collectively "Ashton Woods Homes," the "Company" or "we"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of AshtonWoods.com, AshtonWoodsHomes.com, and other Ashton Woods Homes sites, including any content, functionality, and services offered on or through such websites (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.ashtonwoods.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

No Offer for Sale; Informational Purposes Only

The contents of this Website are strictly for informational purposes only.  This Website, or any site to which it is linked, is not intended to be an offer to sell nor a solicitation of offers to buy real estate in Ashton Woods communities in any state, including by residents of California, Hawaii, Minnesota, Nevada, New Hampshire, New York, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota or West Virginia, or any other jurisdiction where prohibited by law, or where prior registration or other advance qualification is required but has not yet been fulfilled.  As to such states, offers to sell or buy property may be made and accepted only in-person at the sales center for the individual Ashton Woods communities.  Please inquire if a specific community is qualified for sale in your jurisdiction.  Responses will be limited if prior registration is required.

Ashton Woods Homes provides the information, services, text, graphics, links or other material (the “Material”) on this Website to the user, conditioned on the user’s acceptance, without modification, of the Terms of Use.  The Material on this Website is provided with the understanding that neither Ashton Woods Homes nor any of its affiliated entities, is engaged in or rendering legal or other professional services or advice.  The use of the Website is subject to the additional disclaimers, caveats and notices that may appear through the Website.

 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy  https://www.ashtonwoods.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses  associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

Links from the Website

This Website may contain links to third party sites. This may include links contained in advertisements, including banner advertisements and sponsored links. Access to any other site linked to this Website is at the user’s own risk and Ashton Woods Homes is not responsible for the accuracy, availability or reliability of any information, data, opinions, advice or statements made on these sites.  Ashton Woods Homes provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement of such websites or the content, products, advertising, or other materials presented on such websites, including any changes or updates thereto.

Links to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

This Website may provide certain social media features that enable you to:

 

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us  and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

 

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

 

Reliance on Information Posted

Ashton Woods Homes and its affiliates and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Material on this Website.  While Ashton Woods Homes strives to keep Material on this Website updated, accurate, and complete, Ashton Woods Homes, its agents and affiliated entities will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the Material. Any reliance you place on such information is strictly at your own risk.

The Material on this Website is intended for information 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 purchasers must visit an Ashton Woods Homes sales office to purchase a home.  Despite the efforts of Ashton Woods Homes to provide accurate information on this Website, it is not possible to ensure that all information is correct or up to date.  Ashton Woods Homes assumes no responsibility or liability for any actions taken as a result of using this Website, or for errors or omissions in the Material on this Website. 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

THIS WEBSITE AND THE MATERIAL CONTAINED HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ASHTON WOODS HOMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS OR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  ASHTON WOODS HOMES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THIS WEBSITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY OR FREE.  ASHTON WOODS HOMES DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT.  

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, ASHTON WOODS HOMES OR ITS LICENSORS OR SERVICES PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARISE OUT OF OR IN ANY WAY ARE CONNECTED TO THE USE OF THIS WEBSITE, OR THE INABILITY TO USE THIS WEBSITE, ANY WEBSITES LINKED TO IT, AND CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, WHETHER BASED ON CONTRACT, TORT STRICT LIABILITY OR OTHERWISE, EVEN IF ASHTON WOODS HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Ashton Woods Homes, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  The collective work includes works that are licensed to Ashton Woods Homes or for which we have obtained the rights to use for these purposes. 

No Material from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that the user may display and, subject to any expressly stated limitations or restrictions relating to specific Material, download or print portions of the Material from the different areas of the Website solely for the user’s own non-commercial use, or toward making a purchase of the home, provided that the user acknowledges and agrees that all homes about which information is provided herein are subject to prior sale, and that prospective purchasers must visit an Ashton Woods Homes sales office to purchase a home.  Any other use, including but not limited to the reproduction, distribution display or transmission of the Material of this Website is strictly prohibited.  The user further agrees not to change or delete any proprietary rights notices from the Material downloaded from this Website.

 

Ashton Woods Homes, AW Ashton Woods, The Studio by Ashton Woods, Most Trusted Builder in America,  Starlight Homes, Home to Inspiration and all related names, logos, product and service names, designs, and slogans are trademarks of Ashton Woods Homes or its affiliates or licensors. You must not use such marks without the prior written permission of Ashton Woods Homes. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners

 

Governing Law and Jurisdiction

The use of the Website shall be governed in all respects by the laws of the State of Georgia without regard to choice of law provisions.  Any cause of action or claim made by a user with respect to this Website (including but not limited to the purchase of a home through an Ashton Woods Homes sales office) must be commenced within one (1) year after the claim or cause of action arises.  Ashton Woods Homes’ failure to insist upon or enforce strict performance of any provision of these Terms of Uses shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. 

The owner of the Website is based in the state of Georgia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless Ashton Woods Homes, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

Waiver and Severability

 

No waiver by Ashton Woods Homes of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ashton Woods Homes to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Ashton Woods Homes regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

Assignment

Ashton Woods Homes may assign its rights and duties under the Terms of Use to any party at any time without notice to the user. 

Your Comments and Concerns

 

This Website is operated by Ashton Woods Homes located at 1405 Old Alabama Road Suite 200, Roswell GA 30076.

 

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]

 

© 2018 Ashton Woods Homes.  All rights reserved.

 

Date of Last Revision: October 25, 2018