TERMS OF SERVICE AGREEMENT

BETWEEN USER AND Gary McDonald Homes

This website is operated by Gleneagles Homes, Inc., doing business as Gary McDonald Homes (hereinafter, “Gary McDonald Homes”). The Gary McDonald Homes website is comprised of various web pages operated by Gary McDonald Homes. The terms “we,” “us,” and “our” refer to Gary McDonald Homes.

By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (the “Terms” or the “Terms of Service”), including those additional Terms referenced herein and/or available elsewhere on our site.  These Terms apply to all users of the Gary McDonald Homes website (hereinafter, “Website” or “Site”) including (without limitation) buyers, browsers, vendors, merchants, customers, and/or contributors of content.  

Please read these Terms of Service carefully and completely before accessing or using our Site.  By accessing or using any part of the Site, you agree to be bound by these Terms of Service.  If you do not agree to all of the Terms set forth herein, then you may not access the Website or use any Service.  

PRIVACY POLICY

Your submission and our collection of personal information through the Website and our sales agreements are governed by our Privacy Policy, which is available on our Website.  All information we collect on this Site is subject to our Privacy Policy which is located at https://garymcdonaldhomes.com/privacy-statement/. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

INFORMATION

We are not responsible if the information made available on this Site is not accurate, complete, or current.  Said material is provided for general information only and should not be relied upon or used as the sole basis for making any decisions without consulting primary, more accurate, more complete, or more current sources of information.  Any reliance on the material on this Site is at your own risk.

The Site may contain certain historical information.  Historical information is, by definition, not current and is provided for your reference only.  We reserve the right, but do not assume the obligation, to modify the contents of this Site at any time. It is your responsibility to monitor changes to our Website before using same.  

MODIFICATION OF THESE TERMS OF USE

Gary McDonald Homes reserves the right to change the terms, conditions, and notices under which the Gary McDonald Homes Website is offered, including but not limited to the changes associated with the use of the Gary McDonald Homes Website. It is your responsibility to check this page from time to time to determine if any changes have been made which are material to you.  Your continued use of or access to the Website constitutes acceptance of any changes or updates to the Terms.  

LINKS TO THIRD PARTY SITES

The Gary McDonald Homes Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Gary McDonald Homes and Gary McDonald Homes is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gary McDonald Homes is not responsible for webcasting or any other form of transmission received from any Linked Site. Gary McDonald Homes is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gary McDonald Homes of the Site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

In addition to the other terms and conditions set forth in these Terms of Service, you are prohibited from using the Website (1) for any unlawful purpose; (2) to solicit others to participate in or perform unlawful acts; (3) to violate any state, local, national, or international ordinances, laws, rules, or regulations; (4) to infringe upon or violate the intellectual property rights of Gary McDonald Homes or others; (5) to abuse, insult, harm, defame, slander, harass, stalk, disparage, intimidate, or discriminate against any person for any reason; (6) to upload or transmit any virus or other malware that will or may be used in any way related to the Service or the Website; (7) to collect or track the personal information of others; (8) to phish, pretext, spider, pharm, spam, crawl, or scrape for any unlawful, obscene, or immoral purpose; (9) to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Gary McDonald Homes Websites; (10) to interfere with, bypass, or circumvent the security features of the Website or the Service, or (11) in any other manner damage, disable, overburden, or impair the Gary McDonald Homes Website or interfere with any other party’s use and enjoyment of the Gary McDonald Homes Website.  We reserve the right, in our sole and absolute discretion, to limit or terminate your use of the Service for any time and any reason.  

USE OF COMMUNICATION SERVICES

The Gary McDonald Homes Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, offensive, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Gary McDonald Homes has no obligation to monitor the Communication Services. However, Gary McDonald Homes reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Gary McDonald Homes reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Gary McDonald Homes reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Gary McDonald Homes’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Gary McDonald Homes does not control or endorse the content, messages or information found in any Communication Service and, therefore, Gary McDonald Homes specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Gary McDonald Homes spokespersons, and their views do not necessarily reflect those of Gary McDonald Homes.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Gary McDonald Homes OR POSTED AT ANY Gary McDonald Homes WEBSITE

Gary McDonald Homes does not claim ownership of the materials you provide to Gary McDonald Homes (including feedback and suggestions) or post, upload, input or submit to any Gary McDonald Homes Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Gary McDonald Homes, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Gary McDonald Homes is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Gary McDonald Homes’ sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER/NO WARRANTIES

While we provide our Services using a commercially reasonable level of skill and care, we do not represent, warrant, or guarantee that your use of our Service will be uninterrupted, timely, absolutely secure, or error free. 

THE INFORMATION, SOFTWARE, PRODUCTS, AND OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Gary McDonald Homes WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Gary McDonald Homes MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Gary McDonald Homes WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE Gary McDonald Homes WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Gary McDonald Homes MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OR RELATED GRAPHICS CONTAINED ON THE Gary McDonald Homes WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OR RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Gary McDonald Homes HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OR RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Gary McDonald Homes BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Gary McDonald Homes WEBSITE, WITH THE DELAY OR INABILITY TO USE THE Gary McDonald Homes WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OR RELATED GRAPHICS OBTAINED THROUGH THE Gary McDonald Homes WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Gary McDonald Homes WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Gary McDonald Homes HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Gary McDonald Homes WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Gary McDonald Homes WEBSITE.

INDEMNITY

You agree to indemnify, defend, and hold harmless Gary McDonald Homes, our members, managers, officers, employees, affiliates, agents, contractors, representatives, interns, suppliers, service providers, or licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or due to your breach of any of these Terms of Service or your violation of any law or the rights of any third party related to these Terms of Service or our Website.

TERMINATION/ACCESS RESTRICTION

In the event that any provision of or portion of these Terms of Service is determined to be unlawful, void, or unenforceable, such provisions or terms shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion thereof shall be deemed to be severed from these Terms of Service such that said determination of invalidity shall not affect the validity and enforceability of any other remaining provisions in these Terms of Service. 

These Terms of Service remain effective unless until terminated by us.  You may terminate these Terms of Service at any time by ceasing to use our Website.  

If, in our sole and absolute discretion, we believe that you will or have failed to comply with any term or provision of these Terms of Service, we may limit or prevent you from using the Service on any terms or conditions on which we in our sole and absolute discretion deem appropriate.  

GOVERNING LAW

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in Fresno County, California in all disputes arising out of or relating to the use of the Gary McDonald Homes Website. Use of the Gary McDonald Homes Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gary McDonald Homes as a result of this agreement or use of the Gary McDonald Homes Website.

Gary McDonald Homes’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gary McDonald Homes’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Gary McDonald Homes Website or information provided to or gathered by Gary McDonald Homes with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gary McDonald Homes with respect to the Gary McDonald Homes Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gary McDonald Homes with respect to the Gary McDonald Homes Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

The failure of us to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of the right of us to enforce such right or provision in the future.  

Any ambiguities in the interpretation of these Terms of Service shall not be construed against Gary McDonald Homes.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

WEBSITE CONTENTS AND INTELLECTUAL PROPERTY RIGHTS

Our Website is provided by Gary McDonald Homes as a service to the public and is to be used for personal informational purposes only.  Unless otherwise noted, the design of our Website, our Website as a whole, and all materials that are part of our Website and Services (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Gary McDonald Homes. No right, title or interest in any of the information, material, or other Contents of this Website is granted to you under any circumstances, and Gary McDonald Homes reserves and retains all intellectual property rights in and to our Website and its Contents. Linking or framing to this Website or any of its Contents is prohibited without the prior written permission of Gary McDonald Homes.

Except as expressly noted herein, you may not copy, reproduce, publish, upload, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or our Website, except that you may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content solely for your own non-commercial use or your purchase of a home.  You further agree not to change or delete any proprietary notices from any Content permissibly downloaded from our Website.  Unauthorized use or copying (including electronic copying or downloading) of our Website and Contents without Gary McDonald Homes’ express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.  Any violation of the foregoing will subject the user to the possibility of full prosecution under applicable law.

Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.