Conditions

Where not specifically stated, Ziberty guarantees that all parts of the home will meet, or exceed, code.

We reserve the right to substitute equipment, materials, appliances and brand names with items that have, in our sole opinion, equal or higher value.

Copyright

Ziberty retains copyright on all text and graphic images. Text or graphics cannot be distributed to others or used on websites without written permission from Ziberty.

Completion Date

Unless otherwise noted in your purchase agreement, Ziberty is required to complete, and does agree to complete, the construction of your home within a period of two (2) years from the Effective Date of your purchase agreement. If construction is delayed by events constituting acts of God, or events causing impossibility of performance or frustration of purpose, the date of completion shall be extended by the delay period. It is expressly intended that your and Ziberty’s rights and obligations under your purchase agreement be construed in the manner necessary to exempt your purchase agreement and the sale of your home from registration under the Interstate Land Sales Full Disclosure Act, and both you and Ziberty expressly waive any right or provision of the purchase agreement that would otherwise preclude such exemption.

Floor Plans

Plans and elevations are artist’s renderings only, may not accurately represent the actual condition of a home as constructed, and may contain options which are not standard. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes, including number of vehicles, may not accommodate all vehicles.

Personal Information Sharing

You have the right to control whether we share some of your personal information. Personal information will not be shared without your consent.

Links to Other Sites

This website may contain links to third party sites. Access to any other Internet site linked to this website is at the user’s own risk and Ziberty is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites.

Pricing

All prices are subject to change at any time. The price displayed on the website the day of contract signing is the only price that is guaranteed. The prices listed do not include transaction costs outside of Ziberty’s control, such as Title fees, lender fees, taxes, appraisal(s), third party inspections, etc.

Ziberty has every intent to be clear about the quality and finish of each package level. Ziberty has the absolute discretion to determine which materials and labor apply to each package. Ziberty’s determination will be based on what we feel a rational person would interpret from the pictures and descriptions of each package. Decorative items in graphics are not included in the listed prices unless they are specifically listed as items in the package descriptions.

Ziberty does not warrant the accuracy or completeness of the information, text, graphics, links and other items contained on this server or any other server. Of note, Ziberty stands by it’s prices under the assumption that there is no human error, omissions, and/or an unusual price spikes from suppliers.

Privacy Policy

Any communication or material you provide to us, whether received online, electronically, in person or otherwise collected by or submitted to us, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and non-proprietary.

We may also use information transmitted to us through this website to send you electronic messages. Your use of our website constitutes your permission to do so. We comply with the Federal CAN-SPAM Act, and make every effort to ensure that our messages are not considered Spam. Of course, you may unsubscribe from any messages we send at any time and will not receive further electronic messages from us by following the instructions included within the message.

Information transmitted over the Internet may find its way to recipients to whom it is not intended or persons you may not want to have such information. Under certain circumstances, this may be beyond the control of Ziberty, and you are advised that such transmission may not be secure. However, Ziberty complies with applicable federal law regarding the safeguarding of your personal information, and we employ reasonable administrative, technical and physical safeguards to protect the security, confidentiality, and integrity of your information, as required by law.

We may use cookies and other tracking devices on our websites. We may use third parties to serve our advertisements on other websites. In serving our advertisements, these companies may use cookies and other tracking devices to collect certain information about your visits to other websites (such as browser type, IP address, which page was visited, and time of day). This information may be used to evaluate our online advertising campaigns or to tailor promotions and other marketing messages to you. You may elect to refuse cookies. Please refer to your browser Help instructions to learn more about cookies and how to manage their use.

We may use third parties to serve our advertisements on other websites. In serving our advertisements, these companies may use cookies and other tracking devices to collect certain information about your visits to other websites (such as browser type, IP address, which page was visited, and time of day). This information may be used to evaluate our online advertising campaigns or to tailor promotions and other marketing messages to you. You may elect to refuse cookies. Please refer to your browser Help instructions to learn more about cookies and how to manage their use.

Our privacy policy for sharing nonpublic personal information about former customers is the same as our policy for current customers. This privacy policy is effective as of 1 Oct 2014.

Terms and Conditions

The Website is a service offered by Ziberty to our home-buying customers, and may be accessed only by our home-buying customers that we provide with a temporary password and a user name (which is an email address previously provided to us by the customer). The terms “we”, “us” or “our” refer to Ziberty, and the terms “you” and “your” refer to you, a home-buying customer.

You may be asked to create a permanent password and select a security question and provide the answer to the question. Please keep your user name, password and the answer to your selected security question secure. Also, please remember to log off of the Website when you leave your computer. You are responsible for all actions that occur on the Website with your user name and password.

The Website is intended for use by persons who are age 18 or older.

Persons under age 18 should not use or submit any information to the Website.

The products and services offered by vendors identified on the Website are provided by the respective vendors and not by us. We make no representations or warranties regarding, and you agree that we bear no responsibilities or obligations with respect to, any products or services that you order or obtain from vendors identified on the Website, including without limitation the availability or quality of the products or services, or the information displayed on the Website regarding the vendors, products or services. Each vendor has separate terms and conditions governing the products and services that it provides, and you may be required to agree to such terms and conditions to receive any products and services from the vendors. For your convenience, the Website links to a website of each vendor. We do not have any control over, or responsibility for, the content or operation of such websites. Each such website may collect information about you and your usage of the website. The use of such websites is at your own risk.

While we endeavor to display current and accurate information, we make no representations or warranties regarding the information set forth in the Website and, without limiting the foregoing, are not responsible for the any information being out of date or inaccurate, or for typographical errors.

You represent and warrant that (a) you are age 18 or older, (b) the information you submit through the Website is accurate and complete to the best of your knowledge, and (c) with respect to each email address of a family member or friend that you provide for the sending of a moving notification, that you are authorized to provide the email address for such purpose and that the transmission of the moving notification to the email address will not violate any directive or preference of the recipient, or any right of the recipient under law. You acknowledge that you bear all risk and responsibility for errors or delays that result from inaccurate or incomplete information provided by you.

In connection with any moving notification or other information that you provide, you shall not include anything that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful, or (b) violates or infringes upon the copyright, trademark rights, intellectual property rights, privacy rights or other rights of any party. We reserve the right in our discretion to edit or delete any portion of a moving notification that we deem inappropriate, or not transmit a moving notification that contains anything that we deem inappropriate. We are not obligated to edit or delete any portion of a moving notification, or to decide not to transmit any moving notification, and we are not liable for editing or deleting any portion of any moving notification or declining to transmit any moving notification.

You shall not and shall not attempt to (a) post or transmit to the Website any virus, worm, Trojan horse, time bomb, or other computer programming routine, feature or operation that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, (b) use any device software, routine, feature or operation to interfere with the proper operation of the Website or any activity being conducted on or by the Website, (c) gain access to, copy, alter or modify any data transmitted to the Website by another user, (d) copy, alter, modify, create derivative works based upon, decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Website, or (e) frame or link to the Website.

We make no representations or warranties regarding the availability of the Website at any given time, whether the use of the Website will be uninterrupted, or the continued operation of the Website. We, with or without notice, may suspend the operation of the Website for periods of time, terminate the operation of the Website at any time, and suspend or terminate your ability to access and use the Website at any time. We, with or without notice, may revise the features and functionality of the Website, and the instructions and guidelines regarding the access to and use of the Website, at any time. We, with or without notice, may at any time revise the hardware, software and communication lines necessary to access and use the Website, and the IP number(s) or address(es) used for the Website. While we take reasonable steps to prevent the introduction of viruses, worms, Trojan horses, time bombs or other computer programming routines, features or operations to the Website that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, we do not guarantee or warrant that the Website or materials transmitted from the Website do not contain such computer programming routines, features or operations.

You shall indemnify and hold us harmless from any damage, loss, expense, including without limitation attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with the Terms and Conditions, or any misrepresentation made by you in these Terms and Conditions.

We are not responsible for any technical failures or problems that are beyond our control, or any results of any such failures or problems.

USE OF THE WEBSITE IS PROVIDED “AS IS WHERE IS,” AS AN ACCOMODATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THE WEBSITE, FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE OPERATION OF THE WEBSITE, OR SUSPENSION OR TERMINATION OF THE OPERATION OF THE WEBSITE OR THE ABILITY OF YOU TO ACCESS AND USE THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. YOU EXPRESSLY AGREE THAT YOU ACCESS AND USE THE WEBSITE AT YOUR SOLE RISK. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Any claims or disputes relating to the Website shall be resolved exclusively by binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (AAA). The arbitration shall be conducted by one arbitrator who is selected pursuant to the rules of the AAA. The award of the arbitrator shall be final. No arbitration shall be consolidated or combined with any other arbitration, or proceed on a representative basis or capacity for other parties, except with our express written consent. THESE TERMS AND CONDITIONS PROVIDE THAT ALL CLAIMS OR DISPUTES REGARDING THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION, WHICH MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT OUR EXPRESS WRITTEN CONSENT. THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT, AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. Any disputes regarding the arbitration provisions shall be resolved by the arbitrator. The losing party shall bear the costs of arbitration as determined by the court.

These Terms and Conditions are governed by federal law.

The Ziberty name is a trademarks of Ziberty Inc. The names and logos of the vendors that appear on the Website are trademarks or service marks of the respective vendors. The unauthorized use of the names, logos, trademarks and service marks appearing on this site is strictly prohibited.

Privacy and Security Policies-the Website (As of 1 Oct 2014).

Disclaimer

Ziberty may at any time revise the Terms of Use contained herein by updating this posting. You are bound by any such revision and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.