ModularHomes.com Terms and Conditions

This page states the ModularHomes.com Terms and Conditions (the “General Terms,” “Terms of Service,” “Terms of Use” or the “Agreement”) under which any user (“User”) may use the ModularHomes.com website located at https://modularhomes.com (the “Web Site”). Please read this page carefully. By accessing and using the Web Site, User accepts and agrees to be bound, without modification, limitation, or qualification, by these General Terms. If User does not accept any of the General Terms stated here, User must not use the Web Site. The right to access and use the Web Site is not transferable to any person or entity. ModularHomes.com may, at its sole discretion, modify or revise these General Terms at any time by updating this page. Users are bound by any such modification or revision and should therefore visit the Terms and Conditions page (https://modularhomes.com/terms-of-service) periodically to review the General Terms.

YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE.

 

Section 1. Changes

ModularHomes.com reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Web Site and any and all features and sections contained therein, with notice to Users provided via posting to the Web Site or via email, and immediately in the event of technical difficulties. ModularHomes.com shall not be liable to any User or to any third party for any such modification, suspension, or discontinuance.

 

Section 2. IP Rights and Ownership

The contents of the Web Site, such as text, graphics, images, audio, video, and other material, as well as the underlying HTML source code of the Web Site (“Material”) are protected by copyright under both United States and foreign laws, and are owned or controlled by ModularHomes.com or by third parties that have licensed their Material to ModularHomes.com. Unauthorized use of the Material may violate copyright, trademark, and other laws. User must retain all copyright and other proprietary notices contained in the original Material on any copy User makes of the Material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. User may download ModularHomes.com’s copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of the Material will be permitted without the express permission of ModularHomes.com and the copyright owner. In the event of any permitted copying, redistribution, or publication of the Material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. User acknowledges that User does not acquire any ownership rights by downloading the Material. The trademarks, logos, and service marks (the “Marks”) displayed on the Web Site are owned by ModularHomes.com or third parties. User is prohibited from using those Marks without the express, written permission of ModularHomes.com or such third party. If User would like information about obtaining ModularHomes.com’s permission to use the Material, please contact us. ModularHomes.com and all related logos, whether or not registered, are trademarks belonging to ModularHomes.com, its parents, subsidiaries, or affiliates. All rights are reserved. All other trademarks appearing on the Web Site are the property of their respective owners. We encourage Users to notify us of any suspected copyright or intellectual property violations taking place on or through the Web Site.

 

Section 3. Links

ModularHomes.com may provide links to third-party web sites. These links are provided solely as a convenience to User and not as an endorsement of the contents on such third-party web sites. ModularHomes.com is not responsible for the content of linked third-party web sites. ModularHomes.com exercises no control whatsoever over such other web sites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party web sites and is not responsible or liable for the availability thereof or the content, advertising, products, or other materials contained thereon. ModularHomes.com shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Users acknowledge their use of these third-party web sites is at their sole risk.

 

Section 4. Representation and Warranties; Liability Disclaimers

User represents, warrants, and covenants that (a) they will use the Web Site for lawful purposes only (b) no materials of any kind submitted through their account which (i) violate or infringe in any way upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene, or profane in the sole discretion of ModularHomes.com, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) contains any advertising or solicitation with respect to products or services (without the express prior written approval of ModularHomes.com). The Material may contain inaccuracies or typographical errors. ModularHomes.com makes no representations, warranties, or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Advice received via this Web Site should not be relied upon for personal, legal, medical, or financial decisions and User should consult an appropriate professional for specific advice tailored to their situation.

USER EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT USER’S SOLE RISK. NEITHER MODULARHOMES.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE WEB SITE WILL RUN UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR ANY FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT NEITHER MODULARHOMES.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

Section 5. Disclaimers of Certain Damages

IN NO EVENT SHALL MODULARHOMES.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR 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 THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MODULARHOMES.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS 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 USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE. UNDER NO CIRCUMSTANCES SHALL MODULARHOMES.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.

 

Section 6. Indemnity

User agrees to defend, indemnify, and hold harmless ModularHomes.com, its parents, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the Web Site and any Material contained therein by User or through User’s account, or by User’s breach of the terms of this Agreement. ModularHomes.com.com shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit, or proceeding. ModularHomes.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User.

 

Section 7. User Information

ModularHomes.com is committed to maintaining User privacy. ModularHomes.com does, however, gather certain information that User provides to the Web Site. ModularHomes.com believes that by collecting this information ModularHomes.com is able to provide User with a personalized web experience, and to assist its own sales team and advertisers in efficiently reaching an appropriate audience. The information ModularHomes.com requests is the minimum we believe necessary to achieve this goal. ModularHomes.com may use the information it obtains relating to User, including User IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to authorized third parties for such purposes. For further details on ModularHomes.com policies for using User information please read our Privacy Policy (https://modularhomes.com/privacy-policy).

 

Section 8. General

All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of California applicable to contracts entered into and performed within the State of California, without respect to its conflict of laws principles. For any dispute under this Agreement or arising from or related to the use of the Web Site, User and ModularHomes.com agree to attempt to resolve the dispute informally. If ModularHomes.com and User cannot resolve the dispute informally, the parties agree to resolve such claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) by binding arbitration through the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect for the AAA. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. By using the Web Site, User agrees that the exclusive forum for any claim or cause of action under this Agreement or arising from or related to the use of the Web Site shall be either arbitration or state court for or within Orange County in the State of California or, in the event the matter is within the jurisdiction of the federal courts, the United States District Court for the Central District of California. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the laying of the venue of any such proceeding brought in such arbitration or court and any claim that any such proceeding brought in such arbitration or court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any arbitrator or court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between User and ModularHomes.com with respect to the use of the Web Site. ModularHomes.com may, at its sole discretion, modify or revise these General Terms at any time by updating this page. The section headings used herein are for convenience only and shall not be given any legal import.

 

Specific Terms

This page states the ModularHomes.com Specific Terms and Conditions (the “Specific Terms”) under which any User may use the ModularHomes.com web site located at https://modularhomes.com (the “Web Site”). Please read this page carefully. By accessing and using the Web Site, User accepts and agrees to be bound, without modification, limitation, or qualification, by both the General Terms for use of the Web Site, and these additional Specific Terms. If User does not accept any of the Specific Terms stated here, User must not use the Web Site. The right to access and use the Web Site is not transferable to any person or entity. ModularHomes.com may, at its sole discretion, modify or revise these Specific Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms & Conditions page (https://modularhomes.com/terms-of-service) periodically to review the Specific Terms. Each User is responsible for all use of his/her information and is responsible for maintaining the confidentiality of his/her password. These Specific Terms incorporate the General Terms of the Web Site by reference. Each User hereby understands that he/she is bound by all General and Specific Terms which may be implemented by ModularHomes.com from time to time. YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE.

 

Section 1. Submissions

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that the User, and not ModularHomes.com, is entirely responsible for all User Content that he or she uploads, posts, emails, or otherwise transmits via the Web Site. No User shall transmit User Content or otherwise conduct or participate in any activities on the Web Site which, in the opinion of ModularHomes.com, are prohibited by law in applicable jurisdictions, including, without limitation, material or activities which (1) infringe any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless User is the owner of the Rights or has the express written permission of the owner to post or transmit such material to the Web Site; (2) infringe on any other intellectual property rights of others or on the privacy or publicity rights of others; (3) is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing, or otherwise objectionable to another User or any other person or entity; (4) is sexually-explicit; (5) is an advertisement or solicitation of business or advocates an unsolicited or unrelated position or opinion; (6) represents any form of “chain letters” or pyramid scheme; (7) impersonates another person or entity; (8) intentionally or unintentionally violates any applicable local, state, national, or international law while using or accessing the Web Site or the Material; or (9) contains a virus, trojan, back door, logic bomb, or any other form of malicious code. User further agrees to be bound by ModularHomes.com’s Acceptable Use Policy. These Specific Terms incorporate the Acceptable Use Policy by reference. User hereby waives all copyright, moral rights, and any other right to any User Content which he/she submits, and grants to ModularHomes.com a royalty-free perpetual irrevocable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, perform, display, and distribute such User Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright in such User Content, and to sublicense such rights through multiple tiers of sublicensees. User also hereby grants all other Users the right to copy, download, and store his/her User Content for User’s personal use. ModularHomes.com does not control User Content. ModularHomes.com has the right but not the obligation to monitor submissions by Users, and reserves the right to modify, move, or remove any User Content at any time and for any reason in its sole discretion, as well as the right to terminate User access to the Web Site for any reason in its sole discretion including, without limitation, foul language, attempted commercial use of the Web Site, threats, discriminatory, racist, or abusive language, or any behavior which is deemed objectionable by ModularHomes.com. Users are responsible for their own communications and are solely responsible for the consequences of posting any User Content. ModularHomes.com does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User about communications that allegedly do not conform to any term of this Agreement, ModularHomes.com may investigate the allegation and determine in good faith at its sole discretion whether to remove or request the removal of the communication. ModularHomes.com has no liability or responsibility to Users for performance or non-performance of such activities. ModularHomes.com reserves the right, in its sole discretion, to restrict Users access to the Web Site for violating this Agreement or the law. ModularHomes.com also 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 ModularHomes.com’s sole discretion.

MODULARHOMES.COM DOES NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. EACH USER ACKNOWLEDGES THAT ANY RELIANCE ON USER CONTENT POSTED BY OTHER USERS WILL BE AT HIS/HER SOLE RISK.

Section 2. Registration

To gain a greater level of access, User must be authorized by ModularHomes.com and then once authorized; the User will select a password, and be assigned an ID number. Only persons over the age of 18 years old may become authorized. Each User is expressly prohibited from using another User’s ID without such person’s authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of that User’s authorization. Each User shall be solely responsible for maintaining the confidentiality of their password.

While ModularHomes.com works to protect the security of User Content and your account, ModularHomes.com cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Each User shall notify ModularHomes.com of any known or suspected unauthorized use(s) of his/her account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of his/her confidential information. We recommend you keep your password strong, and make sure all of your devices and browsers are up-to-date.

ModularHomes.com may terminate or suspend your account at any time, with or without cause or notice to User. Upon termination, User continues to be bound by the applicable General and Specific Terms.

Section 3. Communication

ModularHomes.com reserves the right to send User’s electronic mail for the purpose of informing Users of changes or additions to the Web Site, this Agreement, and any other service provided by ModularHomes.com.