YOUR USE OF THE SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE SITE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO NOT USE THIS WEB SITE.
The Web site you are accessing (the “Website”) is provided Whitehead Construction, Inc, and/or an affiliate thereof (individually and collectively, “WCIPI”).
These Site Terms apply to your access to, and use of, the Website so please read them carefully. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with WCIPI or its affiliates, for services, products or otherwise. We reserve the right to change or modify any of the Site Terms and the Website, at any time. If we decide to change our Site Terms, we will post a new version on the Website. Any changes or modifications will be effective immediately upon posting of the revisions on the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Website will constitute your acceptance of the revised Site Terms. Therefore, you should review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended terms, you must immediately stop using the Website.
Privacy and consent to communications
We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information. By filling out any forms on the Website, providing information to us or making any inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, email, mail, texting or otherwise.
Third party products and services; third-party content
We may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links or referrals to third-party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. WCIPI is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third party products or services, and you use such third party products and services at your own risk. We do not sponsor, endorse, recommend or approve any such third party. You should investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity or information that you find on or through the Website. We do not represent or warrant that any such third party is licensed, qualified, reputable or capable of performing any such service.
The Website and the services offered therein are provided as a forum and technical interface that may connect homeowners with locally licensed real estate agents, brokers and other home-related service providers. WCIPI does not sponsor, endorse, recommend or approve of any third party real estate agent, broker or other home-related service provider who offers services through the Website. While we try to confirm that participating third party real estate agents, brokers and other home-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any third party real estate agent, broker or other home-related service provider who offers services through the Website is licensed, qualified, or capable of performing any such service.
It should also be noted that WCIPI does not make any assurance as to the timeliness or accuracy of information provided by any third party real estate agent, broker or other home-related service provider including any home evaluation, or other related follow up. Furthermore, if the requesting homeowner submits incomplete, insufficient or inaccurate information, or if the completion of a home evaluation is in conflict with real estate rules, laws or best practices, then an evaluation may not be provided to the requesting homeowner.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding WCIPI or the Website, provided by you in the form of e-mail or submissions to us, or postings on the Website, are non-confidential. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from or to the Website, or websites linking to the Websiste. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
THE WEBSITE AND THE WEBSITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND THE MATERIALS IS AT YOUR SOLE RISK. WCIPI AND ITS ADVERTISERS AND/OR SERVICE SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITE.
Limitation of liability
IN NO EVENT WILL WCIPI OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR THE WEBSITE MATERIALS.
Applicable law and venue
These terms and conditions are governed by and construed in accordance with the laws of the State of North Carolina, applicable to agreements made and entirely to be performed within the State of North Carolina, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Wilmington, North Carolina, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Site. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Website.
Last revised: December 14, 2018