General Terms and Conditions

Agreement to Terms of Use

Please carefully read the following terms and conditions of use (the Terms of Use”) of this web site (the “Site”) as they govern your use of the Site. Please review the Terms of Use each time you visit or use the Site because JAMA Contractors, LLC, an Arizona limited liability company, dba Hayden Stewart Signature Homes (the “Company”) may amend the Terms of Use at any time without notice. By entering or using the Site, you agree to comply with, and agree to be bound by, the Terms of Use, as they may be modified from time to time. If you do not agree with these Terms of Use, please do not access the Site.

Please note that the content of the Site and all hyperlinks contained on the Site should not be interpreted to be and do not constitute an offer of solicitation to sell real property. If you are interested in any real property described in this Site, please contact the Company for additional information on the property.

 User Content

The Company does not manage, direct, review or monitor any information, images, graphics, data, text, files, links. Software, messages, communications and other materials (“User Content”) posted, distributed or otherwise transmitted on or through the Site. Accordingly, the Company cannot and does not guarantee or endorse the content, accuracy, integrity or quality of any User Content and, by using the Site, you understand that you may be exposed to User Content that is objectionable to you. You are solely responsible for all User Content that you (or someone using your account)  publish, post, distribute, display, disseminate or otherwise transmit on or through the Site. The Company retains the absolute right to edit, delete or record any User Content appearing on the Site and may terminate your access to the Site at any time for any reason or for no reason.

Prohibited Acts

You agree not to access the Site in any way in order to: (a) upload, post, e-mail or otherwise transmit in any way any data, software or other material that contains any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware of telecommunications equipment; (b) violate any applicable international, federal, state or local law or regulation; or (c) download, obtain, sell, distribute or incorporate into any email or other products or services, any private data, either manually of through automated means, from the Site or any of the Company’s databases.

Representations

In connection with your access to and use of the Site, you represent and warrant that: (a) you are at least 18 years of age; (b) your access to and use of the Site does not violate the Terms of Use, any laws or rules of the jurisdiction (s) from which you use or access the Site, or any other applicable laws and regulations; (c) any information provided by you to the Company is true and correct; and (d) you possess the legal right and ability to agree to these Terms of Use and to use the Site in accordance with these Terms of Use.

Site Content

The Site and all content, including all images, graphics, data, text, links, design, technical information and transmissions, and other matters related to the Site (the Site Content”) are and remain the sole and exclusive property of the Company and are protected under copyright, trademark and other proprietary rights laws. The Company grants you a limited, non-exclusive, non-transferable license to view, print and download the Site Content for your own personal use. Any copying, redistribution, use, publication by you of the Company Content for any other purpose is strictly prohibited.

Indemnification

By accessing or using the Site, you agree to indemnify, defend and hold the Company and any of its affiliates, shareholders, members, partners, directors, managers, officers, employees, agents, advertising agencies, suppliers and attorneys (collectively, the “indemnified Parties”) harmless for, from and against any and all liabilities, losses, claims and expenses, including, without limitation, attorney’s fees, related to your (i) failure to comply with any of these Terms of Use, or (ii) use or misuse of the Site.

Disclaimers

The Company disclaims all warranties, express and implied, including, any and all implied warranties of non-infringement, merchantability and fitness for a particular purpose.

Although the content of the Site may be updated from time to time, it may be out of date and/or may contain inaccuracies or typographical errors. The Company does not make any representation or warranty regarding the completeness, accuracy, reliability, timeliness or appropriateness of any information or service provided by the Company or with respect to any home or community, nor will it be responsible for or be deemed to be committed to the terms or information contained on the Site, whether such information is accurate or inaccurate. Postings are made at such times as determined by the Company in its Sole and Absolute discretion. You should not assume that the information contained on this Site has been updated or otherwise contains current information. The Company does not review past postings to determine whether they remain accurate, and information contained in such postings may have been superceded.

Company will not be responsible for nor will it have any liability related in any way to your inability or failure (for any reason) to access the Site or otherwise use or received information from or regarding the site.

Neither the Company nor any of its affiliates, shareholders, members, partners, directors, managers, officers, employees, agents, suppliers or attorneys shall have liability for your use or access to the Site. Neither the Company nor any of its affiliates, shareholders, members, partners, directors, managers, officers, employees, agents, suppliers or attorneys shall be liable for any direct, indirect, special, incidental, or consequential damages, whether based on breach of contract, breach of warranty, tort, or otherwise, even if you advise the Company of the possibility of such damages.

Links

The Site may contain links to other websites. The Company is not responsible for and does not investigate or monitor the content, accuracy or opinions expressed in such websites. Your access to these third-party sites is at your own risk. Inclusion of links to other websites does not imply approval or endorsement of the linked website by the Company. You may only make links to the Site available on other websites with the Company’s prior, express, and written consent.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to Arizona’s conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.

All real estate information provided herein is subject to the Federal Fair Housing Act, which makes illegal to advertise “any preference, limitation or discrimination because of race, color, religion, sex, handicap, familial status or national origin, or intention to make any such preference, limitation or discrimination.” State or local jurisdictions may impose additional requirements. The Company fully complies with the law and all residences are available on an equal opportunity basis.

Any cause of action by you against the Company concerning the Site must be instituted within one year after the cause of action arose or be forever barred. All legal proceedings arising out of, or in connection with, the Site shall be brought only in a federal or state court or competent jurisdiction located in Pima County, Arizona.

If any term of these Terms of Use is declared unlawful, void or for any reason unenforceable in any jurisdiction, then such term will be deemed severable from the remaining terms in that jurisdiction and will not affect the validity and enforceability of such remaining terms.

Privacy Policy

Agreement to Privacy Policy

This privacy policy defines the Company’s commitment to protect the personal information the Company gathers, uses or responds to through the Site (this “Privacy Policy”). Please note, however, that the Site may contain links to other sites and/or information provided by third parties. The Company is not responsible for the privacy practices or the content of any website not owned or operated by it. Please carefully review this Privacy Policy each time you visit or use the Site as the Company may amend the Privacy Policy at any time without notice. By entering or using the Site, you agree to comply with, and agree to be bound by, the Privacy Policy, as it may be modified from time to time. If you do not agree with this Privacy Policy, please don not access the Site.

Information Company Collects

The Site contains areas where you may voluntarily submit information that personally identifies you (“Personal Information”). Personal information includes your name, company name, department, physical address, phone number, fax number, e-mail address, billing information, viewing preferences and product interests and comments. In the event that you choose to submit Personal Information through the Site, the Company will use the Personal Information to respond to your requests and to provide you with information about the requested products and services. The Company may maintain Personal Information to help the Company tailor the Site to the needs and interests of the Company’s visitors or for use in its aggregate statistics.

The Company will only release Personal Information (a) as required by law; (b) to protect and defend the Company’s rights or properties, (c) to protect your personal safety and the personal safety of the Company’s users ad the public in general, (d) to process a purchase from the Company of items or services on, or in connection with, the Site, (e) to provide you with information on products, specials, newsletters and other services the Company provides, and/or (f) to enforce the terms and conditions of the Privacy Policy or the Terms of Use. Without express approval, however, the Company will not trade, sell or rent your Personal Information.

The Company may collect other types of information from you that do not identify you personally (the “Non-Personal Information”), including your IP address, the length of time you spend on the Site, which pages you visited within the Site, which site you visited before coming to the Site, and which site you accessed when you left the Site. The Company reserves the right and you authorize the Company to use, sell and assign for any and all purposes all Non-Personal Information collected through the Site. The Company also reserves the right to place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain information that would personally identify you, but it could enable the Company to relate your use of the Site to information that you have specifically and knowingly provided on the Site.

Opting-Out

If you wish to “opt-opt” or “unsubscribe” from receiving on-going communications, pleas email us at info@haydenstewarthomes.com.

Security

The Company takes commercially reasonable measures to secure and protect your Personal Information, but the Company cannot guarantee that your Personal Information will be completely secure. The Company will not be liable for third parties accessing and using your Personal Information.

Children’s Policy

The Company does not intend to collect any Personal Information from children under the age of 13 through the Site. Accordingly, please do not allow children under the age of 13 to (a) provide any Personal Information, (b) ask questions, or (c) submit any other information via the Site. If the Company determines that a child under 13 has provided Personal Information, the Company will delete that Personal Information as soon as practicable. Similarly, if you become aware that a child under 13 has provided Personal Information, please contact the Company at info@haydenstewarthomes.com, so that the Personal Information can be deleted.

Questions or Comments

If you are aware of any violations of this Privacy Policy or if you have any questions or comments regarding this Privacy Policy, please contact info@haydenstewarthomes.com