TERMS

of service

Welcome to Mountain Gate Homes website. Mountaingatehomes.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at mountaingatehomes.com, you accept the following terms and conditions. Please read them carefully. In addition, when you use any current or future Mountain Gate Homes applications (e.g. your profile, previous or current purchases etc…) or visit or purchase from any business affiliated with Mountain Gate Homes, whether or not included in the Mountain Gate Homes website, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

  • Service
    We endeavor to make the Service available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment or other reasons beyond our control. You agree that we will not be liable to you for any modification, suspension or discontinuance of the Service.

 

  • User Privileges and Obligation
    You may be required to register as a member in order to make all aspects of the Service available to you. To purchase from or register as a member of the Service you must be over the age of 18. You agree that the information that you provide to us will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your e-mail address, since that is the primary way in which we will communicate with you about your account and your orders. When you visit mountaingatehomes.com or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    1. You may not use the Service in any manner that is unlawful or harmful to Mountain Gate Homes or its affiliates, distributors, customers, suppliers or any other party. You agree you will NOT use the Service:
    2. To post or otherwise communicate any material that is pornographic, threatening, abusive, harmful, an invasion of privacy or publicity rights, defamatory or otherwise objectionable (as determined by Mountain Gate Homes , in its sole discretion);
    3. To post, order for print, e-mail or otherwise transmit any material that you do not have a right to transmit or which infringes any copyright, trademark, or other intellectual property right of any party;
    4. To disguise the origin of any content transmitted to or through the Service; f. To upload, post, e-mail or otherwise transmit any material which is likely to cause harm to the Service or anyone else’s computer systems;
    5. To transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    6. To impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or to interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
    7. To provide any information to Mountain Gate Homes that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or to resell any portion of the Service.

     

    • Privacy
      We have a firm commitment to safeguarding your privacy. Please review our Privacy Policy. The terms of our privacy policy are incorporated into these Terms.

     

    • Trademarks
      The name “Mountain Gate Homes ” (and all brand, product and service names that identify Mountain Gate Homes or third party products and services available through the Service), are trademarks of Mountain Gate Homes and/or the relevant third party. You agree you will not display or use these marks without the written permission of the owner.

     

    • Copyright
      Mountain Gate Homes is, unless otherwise stated, the owner of all copyright in the Service and its contents (except for User Content). You may not publish, distribute, extract, re-utilize or reproduce any such content in any form (including photocopying or storing it in any medium by electronic means).

     

    • Copyright Violations
      All content included on this site such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Mountain Gate Homes or its content suppliers and protected by United States and international copyright laws. The compilation of all content of on this site is the exclusive property of Mountain Gate Homes and protected by U.S. and international copyright laws. All software used on this site is the property of Mountain Gate Homes or its software suppliers and protected by United States and international copyright laws. Mountain Gate Homes respects the intellectual property rights of others and will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the Digital Millennium Copyright Act. If you believe your copyright or the copyright of another has been infringed on the Service, please provide our Copyright Agent with a written notice containing the following information:

      1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; that you believe has been infringed;
      2. an identification of the copyrighted work that you claim has been infringed;
      3. a description of where the material that you claim is infringing is located on the site;
      4. information on how to contact you including your address, telephone number, and email address, if available;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
      6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
      7. Claims of infringement should be addressed to Mountain Gate Homes Copyright Agent at the company’s main address.

       

      • Application Law and Jurisdiction
        These Terms shall be governed by and construed in accordance with the laws of the State of Arizona. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Arizona. You consent jurisdiction and venue in the state and federal courts of the State of Arizona.

       

      • Disclaimer of Warranty and Limitation of Liability
        THE SERVICE IS PROVIDED BY US “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Mountain Gate Homes DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE.YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY USER CONTENT TO THE SERVICE, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR USER CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR USER CONTENT.EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE WEBSITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF MOUNTAIN GATE HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

       

      • Indemnity
        By using this website you agree to protect, defend and indemnify Mountain Gate Homes and its parents, subsidiaries, affiliates, directors, officers, consultants and employees and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from any User Content or your other use of the Service.

       

      • General
        Mountain Gate Homes failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.Mountain Gate Homes reserves the right, in its sole discretion, to modify or terminate all or any portion of the Service at any time and for any reason. Mountain Gate Homes reserves the right, in its sole discretion, to terminate your membership to the Service, or to remove your User Content or to edit, delete or remove any postings from the Service without prior notice for any reason.No contract will exist between you and Mountain Gate Homes for the supply of any services or products unless and until Mountain Gate Homes accepts your purchase by written contract, or other appropriate means of communication.

       

      • Enforcement of Terms and Conditions
        By accessing and using the mountaingatehomes.com web site, you agree that your access and use of this web site is subject to these terms and conditions, as well applicable laws, as Governed and Interpreted pursuant to the laws of Arizona.

       

      • Comments
        If you have any comments or questions about the Service please contact us by e-mail at info@mountaingatehomes.com or call (928) 351-1070. You agree that Mountain Gate Homes may use comments you submit as testimonials on the Mountain Gate Homes website or in other marketing, advertising and publicity materials without compensation. Mountain Gate Homes reserves the right to use such testimonials in its discretion.
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