Terms and Conditions
- General Statement
- Changed Terms
- Changed Features
- Your Conduct
- Pricing Information
- Warranty Disclaimer
- Limitation of Liability
- Choice of Law
- Entire Agreement
Welcome to our website at http://cal-am.com (the “Site”). This Site is provided by Cal-Am Properties, Inc., dba Cal-Am Homes. All material on this Site may be used for informational purposes only. Please review carefully the online terms and conditions (the “Agreement”) that govern your use of the Site. Please note that by accessing, using, or downloading materials from this Site, you agree to be bound by these terms and conditions just as if you had signed this Agreement. If you do not agree to be bound by this Agreement, do not use this Site.
General Statement. This Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, animation, music, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by Cal-Am. Your use of this Site and access to the Information is expressly conditioned upon your agreement that all access and use will be governed by all of the terms and conditions in this Agreement, in their current form, or as modified. Cal-Am Homes may amend or change these terms and conditions, at any time, without notice to you. Therefore, you must consult the most recent version of these Terms and Conditions (and not an older cached version) each time you visit the Site.
Changed Terms. Cal-Am Homes has the right to change or modify, at any time, the terms and conditions of this Agreement, or to impose new terms or conditions under this Agreement (collectively, “Changes”). Such Changes will be effective immediately upon notice thereof, which may be given by posting on the Site or by any other reasonable means chosen by Cal-Am. Any use of the Site after such notice is given will constitute acceptance by you of such Changes.
Changed Features. Cal-Am Homes has the right to change or discontinue, at any time, any aspect, feature or service contained within or offered through the Site.
Your Conduct. You may use the Site for lawful purposes only. You may not post to the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law including, but not limited to, any material protected by copyright, trademark, or other proprietary right, and you bear the burden of determining whether any material you post is protected by such rights.
Disclaimer. ALL HOMES SHOWN ON THIS SITE ARE SUBJECT TO PRIOR SALE.
CAL-AM HOMES DOES NOT WARRANT OR REPRESENT THE AVAILABILITY OF ANY HOME UNTIL SUCH TIME AS YOU HAVE MET WITH A CAL-AM REPRESENTATIVE AND THE APPROPRIATE DOCUMENTATION HAS BEEN SIGNED. THE INFORMATION AND SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. NOTWITHSTANDING ANY REPRESENTATION OR STATEMENT TO THE CONTRARY THAT MAY BE POSTED ON THE SITE OR ON ANY LINKED SITES, CAL-AM HOMES DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. PRODUCT INFORMATION INCLUDING AVAILABILITY, FEATURES, FLOOR PLANS, ELEVATIONS AND PRICES (IF ANY) ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND SHOULD BE VERIFIED INDEPENDENTLY WITH A CAL-AM REPRESENTATIVE. ALL SQUARE FOOTAGE IS APPROXIMATE. FLOORPLANS AND ELEVATIONS RENDERINGS MAY NOT BE TO SCALE AND MAY SHOW NON-STANDARD FEATURES. EXTERIOR PHOTOGRAPHS MAY SHOW NON-STANDARD FEATURES AND LANDSCAPING NOT INCLUDED IN ANY INDICATED PACKAGE OR PRICE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH PHOTOGRAPH, IMAGE, DRAWINGS, OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION IS AT YOUR SOLE RISK. CAL-AM HOMES RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AND AT ANY TIME WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.
Pricing Information. Any pricing information included on the Site is provided for informational purposes only. Actual prices may vary. Pricing does not include taxes, site preparation costs beyond the services listed or delivery outside of the stated delivery area. Nothing contained on the Site constitutes an offer to sell any product or service, and no binding obligations will arise until you and your Cal-Am Homes representative have executed final sales documents. Cal-Am Homes reserves the right to change prices at any time and without notice or obligation.
Submissions. Any confidential or proprietary information you submit to Cal-Am Homes via this Site is submitted at your own risk.
Monitoring. You acknowledge that Cal-Am Homes reserves the right to, and may from time to time, monitor any and all Information transmitted or received through the Site. Cal-Am Homes, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which Cal-Am Homes deems inappropriate or that violates any term or condition of this Agreement. During monitoring, Information may be examined, recorded, copied, and used for authorized purposes. Use of the Site, authorized or unauthorized, constitutes consent to such monitoring.
Warranty Disclaimer. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE CONDITION, AVAILABILITY, OR PRICE OF ANY LISTINGS ON THE SITE.
Limitation of Liability. CAL-AM HOMES DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PROVIDER MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCT LISTS, PROCESS, OR MERCHANDISE PROVIDED THROUGH THE SITE.
CAL-AM HOMES IS NOT LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF THE INFORMATION CONTAINED WITHIN THE SITE, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE PERTAINING TO THE SITE, OR THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION. IN NO EVENT WILL PROVIDER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR THE PRODUCTS AND SERVICES LISTED, SOLD, OR PURCHASED THROUGH THE SITE, OR YOUR FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT.
Indemnification. You agree to indemnify, defend, and hold harmless Cal-Am Homes, its affiliates, and their respective employees, officers, directors, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site.
Termination. Either you or Cal-Am Homes may terminate this agreement at any time.
Choice of Law. This Agreement shall be governed by and construed or enforced in accordance with the laws of the State of Arizona.
Arbitration. In the event of any controversies or claims arising from your use of the Site or this Agreement, you and Cal-Am Homes consent to arbitration under the rules of the American Arbitration Association in Maricopa County, Arizona. You and Cal-Am Homes agree to abide by the arbitrator’s decision and that a judgment may be entered in any court having jurisdiction.
Privacy. This Site does not collect any personally identifying information about you except when you expressly provide it. You agree that Cal-Am Homes can use your personal identifying information for editorial, promotional, or marketing purposes, unless you request that your information not be used in such manner. Cal-Am Homes may place a “cookie” in the browser files of your computer. Such cookie does not contain any personally identifying information.
Entire Agreement. This Agreement is complete and effective at the time you agree to it by accessing or using the Site or Information. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Cal-Am Homes.