Terms of Service and Conditions for Use of David Weekley Homes Website

Acceptance of Terms:

Weekley Homes LLC d/b/a "David Weekley Homes" has provided this website to inform and provide a service to its users. Access to the David Weekley Homes website is a privilege, which may be revoked at any time by David Weekley Homes. By accessing and remaining on this website, printing or downloading materials from this site, or using this site in any manner, you as the "User" agree to the Terms of Service and Conditions for Use set forth herein and on the links identified below (collectively the "Terms of Use"). The information in this website is provided as a courtesy to existing and prospective David Weekley Homes' customers. This website may only be used for legal purposes. Except as expressly set forth otherwise, WE PROVIDE OUR WEBSITE AND SERVICES "AS IS" and without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement and David Weekley Homes makes no warranty or representation regarding the accuracy or reliability of any information obtained through the use of this website or whether such use will be uninterrupted, timely, secure or error free. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary, from state to state. In addition, the user agrees to indemnify and hold David Weekley Homes harmless for any indirect, consequential or speculative damages, which may occur by use of the website, or for any lost profits or opportunities.

Anyone who prints, downloads, copies or otherwise communicates information from this website is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated; and further agrees to hold David Weekley Homes harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use.

Entire Agreement:

These Terms of Use, including the terms set forth under the additional pages linked below, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by David Weekley Homes. David Weekley Homes is committed to Equal Housing Opportunity.

Disclaimers and Limitations of Damages:

Except for the Terms of Use stated herein, use of this website does not create any contract, agreement, legal rights or obligations between User and David Weekley Homes. User acknowledges and agrees that David Weekley Homes does not warrant the accuracy or completeness of text, graphics, links or other information contained within this site. User agrees that User shall not act in reliance upon the information contained herein and waives any claim, demand, cause of action or damages incurred as a result of reliance on such information. Prices, plans, promotions and other information are subject to change without notice; materials could also contain typographical errors or misstatements. Illustrations are artist's depictions only and may differ from completed improvements. David Weekley Homes is not responsible for any damage or loss you may incur related to the accuracy, timeliness or completeness of the information contained within this site. Furthermore, David Weekley Homes shall have no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.

You understand and expressly agree that use of the services and information available from this website are at your sole risk, that any material and/or data downloaded or otherwise obtained is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

David Weekley Homes is not liable for any damages, which may occur by or as a result of your use of this website, intentionally, accidentally or by the use of the software, whereby the identity of a user may become known by others. In addition, disclosure on this website of any personal information, including membership or credit card information should be done with the utmost discretion on the part of the user. The user agrees to indemnify and hold David Weekley Homes harmless in the event this information is made known to other users.

You agree to indemnify, defend and hold harmless David Weekley Homes, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from your use of this website, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

Limitations on Use:

During the duration of this session only, User may access, download and print information from this site only for User's personal and non-commercial use. Because of the possibility of errors and the frequent updates and changes to the information contained on this site, it may not be used as evidence in any legal proceeding, investigation, or arbitration without David Weekley Homes' express written consent. User may not copy any of the elements on this site for posting on any other website, and may not link to this website without express written permission from David Weekley Homes. User agrees not to interrupt, or attempt in any manner to interrupt, the operation of this site in any way. A user's right to use the David Weekley website is not transferable to others.

Please be advised David Weekley Homes is not obligated to monitor the content, validity or the accuracy of information exchanged on its website and it is not our policy to do so. However, by utilizing this website, you acknowledge the right of David Weekley Homes to randomly and without prior notice monitor the content of information created, posted, disseminated, or otherwise exchanged. David Weekley Homes reserves the right to prohibit conduct, communication, or content which it deems in its discretion may be harmful to individual users of its website or to its employees or which in David Weekley Home's sole discretion may violate federal or state law.

Termination of Use and Notification to Authorities: David Weekley Homes has the right to stop conduct on its website and related pages and links that it deems offensive or that it determines to restrict or inhibit other users from using this website. David Weekley Homes has the right to take action, up to and including immediate termination without notice, against any user who misuses the website or who fails to abide by the Terms of Use. If David Weekley Homes becomes aware of unlawful activity on its website, David Weekley Homes reserves the right to notify appropriate authorities about such activity.

Linking Policy:

This site contains links to other Internet sites. Such links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by David Weekley Homes. Similarly, we are not responsible for the content of any site that may link to us. While we endeavor to monitor all links to our site, such is a never-ending task and we cannot always be certain that we can locate all such links.

Linking to our site via framing or deep linking is expressly prohibited. Any other linking to our site will be permitted only with our prior written permission. Permission will be given to any site or service that we believe will enhance the usefulness of our site. Information and/or permission to link to our site can be had from our Webmaster.

Our Terms of Use will also bind any users who come to this site through the links of others. David Weekley Homes is not responsible for any information or claims made by sites linking to David Weekley Homes website.

SMS and MMS Text Messages:

By joining the David Weekley Homes mobile alerts program, you have consented to receive recurring marketing text messages. For help call (713) 963-0500 or email feedback@dwhomes.com. To stop receiving messages at any time, text STOP to the short code. For HELP, text HELP to the short code. Your consent to receive text messages is not a condition of purchase. Message & data rates may apply. Carriers are not liable for delayed or undelivered messages. The David Weekley Homes mobile alerts program is available in the US only.

Standard messaging rates apply to your entry or submission message to any David Weekley Homes text message service, our confirmation and all subsequent text message correspondence. Please contact your wireless carrier for information about your messaging and data plan(s). Your carrier may impose message or charge limitations on your account that are outside our control. All associated charges are billed by and payable to your mobile service provider.

Data obtained from you in connection with our text message service may include your cell phone number, your carrier's name, and the date, time and content of your messages to us and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service.

We and third-party partners collect information using cookies, pixel tags, plugins, or similar technologies. For example, we may use pixel tags to recognize and alert you if homes or communities of interest have updates. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Your wireless carrier and other service providers may also collect data about your text usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

Privacy:

David Weekley Homes respects the privacy of every individual. If you give us personal information, we will treat it according to this Policy. David Weekley Homes collects personal information from you (e.g. your name, postal address, e-mail address, and other data) during your registration at our site or your providing personal data through various places on our websites, from our various internet technologies that allow us to capture information on our site users and during entry of any such information in the various areas of our site. From time to time, we may have other interaction with you that will yield additional information that will be recorded in our customer databases.

In addition, we use your IP address to help diagnose problems with our server and to administer our website. If you send us e-mails, from time to time we may use information about your preferences and interests to send updates to you about services or properties of David Weekley Homes or its affiliates that may be of interest to you. In addition, we may provide some of this information to our fulfillment partners for purposes of providing you with information you request, with our independent sales agent to follow up with you in connection with materials you request and as a part of our mailings and solicitations to prospective customers. The information you provide will also be utilized for market research purposes. This may involve reproduction, publication, broadcast and posting of such materials and information to our affiliates and independent sales representatives.

David Weekley Homes also may disclose or exchange with others information you have provided to us if we believe that the law requires us to do so or if it is necessary to protect the rights or property of David Weekley Homes, our affiliates or our users. David Weekley Homes will use reasonable precautions to keep the information disclosed to us secure and to disclose such information only to third parties we believe to be responsible. However, we are not responsible for any breach of security or for any actions of any third parties that may receive the information. Our site includes links to other websites. Those sites may have different privacy policies. If you click on to another website, you may want to check the privacy policy of that site, which will usually (but not always) be posted on the website. David Weekley Homes is not responsible for the privacy policies of other sites.

We use "cookies" to help us provide a better user experience by measuring which website areas are of greatest interest. David Weekley Homes may also uses cookies when you register for further information. In this situation, a cookie will store useful information that enables our website to remember you when you return. David Weekley Homes can only read cookies from David Weekley Homes websites. If you choose to disable cookies in your browser, you can still access most of our website.

The David Weekley Homes website is directed to adults and is not directed to children under the age of 18. David Weekley Homes complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This Policy will be posted wherever David Weekley Homes collects data within the David Weekley Homes website, such as during the registration process, and will be linked through our Terms of Use on all pages.

We need your help in making sure your personal information is correct in our systems. Please notify us of changes to your name, address, title, phone number or email address. You may correct your personal information or select the option not to receive future David Weekley Homes contacts (i.e. mailings, calls, etc.) by emailing feedback@dwhomes.com. In the event you elect not to receive any future contacts from David Weekley Homes, we will endeavor to remove your name from all of our contact lists; however, information sometimes develops a "life of its own,' and we can only promise to endeavor to remove you from any lists we control. We shall have no liability under this Policy for our failure to accomplish this objective. If you have questions, you should direct them to the David Weekley Homes site Webmaster.

Updates to Our Policy:

Updates to our policy will be posted here.

Our last update was July 2023.

Employment Disclaimers:

David Weekley Homes is an Equal Opportunity Employer. Nothing contained herein shall be construed as an offer of employment. No material contained herein shall constitute a representation, contract, policy or manual for existing employees, such being the subject of the employment documents, if any, entered into and signed at the time of employment by an officer of David Weekley Homes. All other employees are hired "at will" and may be terminated at any time, with or without cause.

Dispute Resolution:

Any and all disputes arising hereunder shall be submitted to binding arbitration and not to a court for determination. Such arbitration shall be accomplished expeditiously in Houston, Texas, unless otherwise required by law or AAA rules, and shall be conducted by the American Arbitration Association (“AAA”) in accordance with the rules determined by the appointed arbitrator to be applicable to the Dispute. Judgment upon the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrators to pay the arbitrators' fees and costs, unless otherwise required by applicable law, or the parties have agreed in writing to an alternate allocation of fees and costs. Users of this site, by virtue of their use and enjoyment of this site agree to the jurisdiction of the State of Texas for any disputes arising hereunder, with venue determined as provided above.

Copyright:

The materials on this website (and all related pages to this site, etc.), including without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are original copyrighted materials owned by David Weekley Homes, subsidiaries or affiliates of David Weekley Homes. These materials are protected by federal law against unauthorized copying and reproduction. Use beyond the limited license granted to viewers will be prosecuted and David Weekley Homes shall seek recovery of actual or statutory damages, recovery of attorneys' fees and other remedies if David Weekley Homes takes action against any infringing party. The layout and presentation of this website are also protectable trade dress under applicable federal law. Copying of David Weekley Homes' trade dress is strictly prohibited. Any use, reproduction or distribution of material from this site (except as permitted herein) without written permission of David Weekley Homes is expressly prohibited. Permission to use materials must be obtained from the webmaster. By using this site, User agrees that the unauthorized use of David Weekley Homes floor plans, elevation, design concepts or other architectural works, will result in User’s obligation to pay the greater of: a) $20,000 or b) damages otherwise legally recoverable for such unauthorized use.

No one may use the name David Weekley Homes, or any of our other trademarks in any manner, including in metatags or other devices utilized in any manner designed to divert traffic to a site other than our site without our prior written consent. Any such use shall constitute a tortuous interference with our business and will be prosecuted to the fullest extent permitted by law.

Custom Choices™

Custom Classics™

David Weekley™

David Weekley Homes™

David Weekley EnergySaver Homes™

David Weekley New Home Center™

Encore by David Weekley Homes™

FlexSpace℠

Imagination Makes the Difference℠

Imagination Homes by David Weekley™

LifeDesign℠

Personal Builder℠

Weekley Homes℠

The David Weekley Homes “comet” ™

These are all trademarks and service marks of David Weekley Homes. Use of these marks for business purposes is strictly prohibited.

Land Sales and Securities Disclaimers:

Nothing on this website, or any site to which it is linked, is intended to be an offering of the sale of land to residents of any jurisdiction where prohibited or restricted by law. Offers to sell or buy property may only be made and accepted at David Weekley Homes' communities or sales offices. All contracts must be approved and signed by a Project Manager, Sales Manager, City Manager, Division or Area President, or an officer of David Weekley Homes or no contract may be formed. The materials provided at this site are strictly for informational purposes as a service to Internet users and shall not be construed as an offer in any jurisdictions where prior registration or other advance qualification of real property is required. Inquire of the specific community to see if the property is qualified for sale in your jurisdiction. Responses will be limited if prior registration is required. We are pledged to the letter and spirit of US policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, national origin, or other legally protected class or status.