Terms and Conditions
All users (“Users”) of this Web site (“the Web site”) agree that access to and use of this site are subject to the following Terms and Conditions and applicable federal, state and local laws. If you do not agree to these Terms and Conditions, please do not use this Site.
1. General Terms and Conditions
The following Terms and Conditions apply to all use of this Web site by Users. By accessing or using the Web site, each User agrees to be bound by the Terms and Conditions. We provide the information, services, text, graphics, links or other material (“the Content”) on this Web site to the User, conditioned on the User’s acceptance, without modification, of the Terms and Conditions.
The Content offered on this Web site is provided with the understanding that neither we, nor any of our agents, employees or affiliated entities, are engaged in rendering legal or other professional services or advice. The use of the Web site is subject to the additional disclaimers, caveats, and notices that may appear throughout the Web site.
2. Web Site For Informational Purposes Only
The Content provided on this Web site is intended for informational purposes only and is not intended to constitute an offer or solicitation. All homes about which information is provided herein are subject to prior sale. All homes about which information is provided herein are subject to prior sale or withdrawal from sale. The information presented on this Web site is targeted solely to, and provided solely for the benefit of, residents of the State of Michigan. Prospective purchasers must visit a Benivegna Building Co., Inc. Sales Office to purchase a home. No binding agreement to sell, purchase, or finance a home shall arise out of the use of this Web site. Do not rely on any information contained herein without verification by contacting a Benivegna Building Co., Inc. Sales Counselor.
Benivegna Building Co., Inc., its employees, subsidiaries, and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Web site. While we strive to keep Content on this Web site updated, accurate, and complete, we, our employees, agents, or affiliated entities will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content.
Despite our efforts to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. We therefore assume no responsibility or liability for any actions taken as a result of using this Web site, or for errors or omissions in the Content on this server.
We make no representation that the operation of our Web site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
THIS WEB SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BENIVEGNA BUILDING CO., INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF A COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. BENIVEGNA BUILDING CO., INC. DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. BENIVEGNA BUILDING CO., INC. DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BENIVEGNA BUILDING CO., INC. SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS SITE, EVEN IF BENIVEGNA BUILDING CO., INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Links To And From This Web Site
Our site may provide links to external web sites, including web retail web sites offering products for sale. We do not have control or responsibility over these linked web sites, and therefore, we are not liable for their privacy policies, the accuracy or availability of information provided by those web sites, nor can we be responsible for any damage which may occur while visiting those sites. Links to external web sites are provided merely as a convenience to Users and do not constitute an endorsement by us of such web sites or the content, products, advertising, or other materials presented on such web sites, including any changes or updates thereto. We make no express or implied warranties or representations with respect to the content, use of, or products sold through such linked sites, and disclaim all liability with respect to such linked sites.
6. Equal Housing Opportunity
All real estate information provided herein is subject to the Federal Fair Housing Act, which makes it 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.” Your state or local jurisdiction may impose additional requirements. We are committed to strictly observing all federal, state and local fair housing and anti-discrimination laws. All housing developments are offered on an equal opportunity basis. No racial, ethnic or other preference is intended by the use of models of certain racial or ethic backgrounds in photographs or renderings that appear in this Web site.
7. Specifications, Prices, Terms, Renderings, Homeowners’ Associations and Other Information
We endeavor to maintain the information on the Web site current, accurate and complete. However, in a continuing effort to meet consumer expectations, we reserve the right to modify floor plans, features, specifications, amenities, appliances, maps, prices, terms, and conditions at any time without notice. Model homes may be shown with special wall, floor and window treatments, landscaping, decorative features, appliances, upgrades, and other items which are either optional, or for use only in the model homes. Unless stated otherwise, the prices quoted in this Web site do not include optional or upgraded items. All renderings, maps and floor plans are an artists’ depiction, and may vary from the actual construction. All measurements, including square footages, are estimates, and may differ from the actual construction. Please do not rely on any information contained herein without contacting our Home Counselors for verification and further details.
Certain Benivegna Building Co., Inc. neighborhoods are subject to recorded covenants, conditions and restrictions, and/or require membership in a homeowners’ association which assesses fees for the maintenance of the common areas, and also enforces the recorded covenants, conditions and restrictions. Additionally, certain neighborhoods may be subject to special taxes or tax assessment districts.
Copyright © 1999-2014 Benivegna Building Co., Inc. All rights reserved.
The entire Content included in this Web site is copyrighted as a collective work under the United States and other copyright laws, and is the property of Benivegna Building Co., Inc.. The collective work includes works that are licensed to Benivegna Building Co., Inc. The Content is provided by us as a service to the public and is to be used for personal informational purposes only. Any violation of the foregoing conditions or use will subject the User to the possibility of full prosecution under applicable law.
No Content from this Web site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that the User may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content from the different areas of the Web site solely for the User’s own non-commercial use, or towards making a purchase of a home, provided that the User acknowledges and agrees that all homes about which information is provided herein are subject to prior sale, and that prospective purchasers must visit a Benivegna Building Co., Inc. Sales Office to purchase a home. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this Web site is strictly prohibited. The User further agrees not to change or delete any proprietary notices from Content downloaded from the Web site.
9. Digital Millennium Copyright Act Notice
This section is provided in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”) to allow those who believe that a copyright or other intellectual property rights have been infringed to notify us. In appropriate circumstances and in our discretion, we will remove any Content from the Web site which we learn is violating the intellectual property rights of another.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Benivegna Building Co., Inc. Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Web site;
Your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
10. Applicability Of Terms And Conditions
These Terms and Conditions are applicable upon the User’s access to the Web site. These Terms and Conditions may be revised, modified, amended, or supplemented by us without notice at any time for any reason. These terms and conditions shall apply to all Users regardless of any future transaction or dealings between such User and us, or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.
The use of the Site and any claim relating to the materials on or use of the site shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions, and any legal action relating to the use of this site shall be brought in the courts of the State of Michigan. The 1980 UN Convention on the International Sale of Goods is hereby expressly disclaimed.
Any cause of action or claim made by a User with respect to the Web site (including but not limited to the purchase of a home through a Benivegna Building Co., Inc. Sales Office) must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign our rights and duties under the Terms and Conditions to any party at any time without notice to the User.
This section describes the Benivegna Building Co., Inc. (referred to as “us,” “we,” and “our”) policy with regard to information collected from visitors to our Web site. Please read this information carefully before accessing any part of our Web site.
As a fundamental rule, we recognize and respect the privacy of visitors to our Web site, and we do not collect any personal information from visitors unless that information is voluntarily supplied by the visitor. Personal information means information such as your name, address, phone number, or email address. We are providing this Policy to better explain our online information practices and the way we may collect and use information from you, so your privacy may be better protected.
We will only have personal information about you if you voluntarily decide to provide it to us. In order to improve the content and usefulness of our Web site, we may employ the use of “cookies” (explained in more detail below) to track non-personal, non-identifying information about the visitors to our Web site.
The primary purpose of this Web site is to provide information concerning our products and services, to allow visitors to request further information, and to provide warranty services to our homeowners. There are several areas within the Web site where you may voluntarily provide information about yourself, such as an online information request form or by registering to receive additional information or services. The following describes how that voluntary information is used, who has access to the information, and security measures in place to protect that information.
Providing Information to Benivegna Building Co., Inc.
Our Web site provides visitors with several online forms which the visitor can use to request information about the company, a specific development, for homeowners to request warranty service, or to save information from a previous visit to the site under our “Favorites” section. In order for us to respond to your request, we do ask you for certain personal information on the online form. The use of these online forms is completely voluntary. Visitors to the Web site may navigate the entire Web site without using any of these features or providing any information.
How Information is Used
If you choose to identify yourself by filling out one of the online forms, the information you send is maintained by us so that we can respond to your question or inquiry, or to provide the requested warranty service, as the case may be. Any information sent to us is not shared with anyone outside of our company and its affiliated divisions, except in the case of a warranty service request, which is shared only with the contractor, warranty administrator, or maintenance company which will perform the warranty service. If your personally-identifiable information changes (such as your phone number), or if you no longer want us to maintain your information, this can be accomplished by sending us an email as directed in the section of this Policy entitled “Contacting Us”.
Non-Personal Information Collection and Cookies
The only information we automatically collect and store during your visit to our Web site is non-personally identifiable information such as the location of your Internet service provider, Internet protocol address, the browser and type of machine you are using, the Web site that referred you to us, the pages you request and the date and time of those requests. This information is compiled and cannot be attributed to your individual computer.
Links to Other Web Sites
Certain areas of our Web site may be oriented towards children under the age of 13. However, these areas do not request or require personal information from children, nor do these areas provide online forms or other means of providing personal information. Throughout our Web site, we do not request or knowingly accept any personal information from children under the age of 13, and we believe that protecting the privacy of very young children is especially important.
Storage of Information and Security
Information sent to us is stored as a secured log file housed on the Web, and sent via email to those persons involved in responding to your question, inquiry, or warranty service request.
You should know that information sent over the Internet, whether by email or by using one of our online forms, is not necessarily secure against interception. Therefore, we cannot be responsible for interception of your information. If your communication involves sensitive information, you should send it by fax or postal mail to the number and to the appropriate address posted on this Web site.
Benivegna Building Co. Inc.
Right to Refuse Statement
Benivegna Building Co., Inc. makes its homes available to all persons without regard to race, gender, age, religion, national origin, or any classification protected by law. Notwithstanding our adherence to such laws, Benivegna Building Co., Inc. reserves the right to refuse to sell a home to anyone for any other reason, and in particular, for lack of courtesy, disruption, or misconduct in the sales process.