Terms and Conditions of Use
This website is provied by SWEET APPLE FARMS, L.L.C., and its affiliated entities (“SAF”). This website is provided for and may be used for informational purposes only. By using this website or downloading materials from it, you (you and all other visitors to this website are also hereinafter referred to as “Users”) agree to abide by these Terms and Conditions of Use and Privacy Policy (hereinafter referred to as these “Terms”) set forth below. If you do not agree to abide by these Terms, please do not use this website or download materials from this website.
I. Terms of Use
A. Information on the Website Subject to Change
We endeavor to keep the information on this website current, complete, and accurate. However, if you are interested in purchasing real estate in projects that are identified on this website, then we encourage you to contact us to receive more information, although the laws of your state will dictate our ability to provide you with additional information. The information presented on this website is provided for general reference only and is not a representation of the content of the sales contract or other offering documents and governing documents for the residential product contained on this website.
The information set forth in this website as well as these Terms are subject to change or termination from time to time and at any time in SAF ’s sole discretion. You should visit this page to review the current Terms of Use because they are binding on you. Your use of this website following any change in these Terms constitutes your agreement to be bound by these Terms as revised. If any revisions of these Terms are not acceptable to you, your only recourse is to terminate your use of this website.
B. Linked Sites
For convenience, SAF may provide links to websites operated by third parties. SAF and its affiliated entities shall not be responsible for the content of any sites linked from this website. These links shall not be construed to imply that SAF supports, verifies, proclaims or endorses any of the linked sites or the representations or content presented at such linked sites.
C. All Rights Reserved
All materials on this website are the intellectual property (i.e., copyright, trademark, trade dress, service mark or other intellectual property right) of SAF or its affiliates or by third parties that have granted their permission to display these materials on this website. The materials and presentation of this website are the exclusive property of SAF and are protected by U.S. and international copyright laws. SAF reserves all intellectual property rights in all of the content appearing on this website. Users shall not obtain any right, title or interest in or to any of the materials on this website as a result of accessing, printing or downloading such materials. The copying, modifying, distributing, transmitting, displaying, publishing, reproducing, linking to (including, without limitation, “deep linking” or “framing” of any page on this website) or creating of derivative works from the information contained on this website is strictly prohibited unless expressly authorized in writing by SAF.
D. Applicable Law and Venue
The laws of the State of Alabama and the United States of America shall govern these Terms. All Users hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Alabama in the United States of America for any claims arising from or relating to the use of this website. All Users further hereby waive any objection to the venue of such claims in the courts of the State of Alabama of the United States of America.
E. Privacy Policy
You confirm that you have read, understood and agree to the SAF Privacy Policy, the terms of which are set forth in a separate link on this website, and any other privacy statements set forth on this website, and you agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by SAF, its third-party providers, and/or distributors in accordance with the terms of, and for the purposes set forth in, the SAF Privacy Policy. SAF makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. SAF will not be responsible for any actual or consequential damages that result from a lapse in compliance with the SAF Privacy Policy because of a security breach or technical malfunction.
F. Indemnification
User agrees to defend, indemnify and hold SAF harmless from and against any and all liability, claims, damages, costs and expenses, including attorneys’ fees, arising from or related to use of the website.
G. General Provisions
These Terms represent the complete statement of the Terms and Conditions of Use and Privacy Policy, and they supersede any and all prior statements of the Terms and Conditions of Use and Privacy Policy. If any provision in these Terms is held to be invalid or unenforceable for any reason, the enforceability of the remainder of these Terms shall not be affected, and these Terms shall remain in full force and effect. The failure by SAF to insist upon compliance by User with these Terms shall not limit SAF’s rights with respect to subsequent breaches of compliance of these Terms by User.
H. Non-Confidentiality of Communications
If you send a message or information to this website, such as (but not limited to) an e-mail to the Webmaster, you hereby grant to SAF the right to read, use, distribute, disclose and otherwise handle the communication and any related information as SAF deems appropriate in its sole judgment. YOU ARE HEREBY ADVISED THAT, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE ON THIS WEBSITE, NO FACILITIES ARE PROVIDED AND NO PROVISIONS ARE MADE FOR SENDING OR RECEIVING CONFIDENTIAL COMMUNICATIONS. TO THE EXTENT SUCH FACILITIES ARE PROVIDED OR PROVISIONS ARE MADE, IT IS SOLELY ON AN “AS IS” BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED.
I. Disclaimer of Warranty
THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED TO THE USER ON AN “AS IS” BASIS AND SAF DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN ANY JURISDICTION WHERE SUCH WARRANTIES CANNOT BE DISCLAIMED, IN WHOLE OR IN PART, BY APPLICABLE LAW, THE DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. AS A RESULT, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU BASED UPON APPLICABLE LAW.
J. Limitation of Liability
IN NO EVENT SHALL SAF OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT AND MATERIALS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES.
SAF SHALL NOT BE LIABLE FOR SUCH DAMAGES EVEN IF SAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY JURISDICTION WHERE LIABILITY CANNOT BE LIMITED, IN WHOLE OR IN PART, BY APPLICABLE LAW, THE DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. AS A RESULT, THE ABOVE LIMITATION MAY NOT APPLY TO YOU BASED UPON APPLICABLE LAW.
II. Disclaimers Related to Real Estate Sales
A. Equal Housing Opportunity
SAF is committed to equal housing opportunity and to advertising and marketing product that does not obstruct the obtaining of housing due to race, color, religion, sex, handicap, familial status or national origin.
B. Offering Disclaimers
This website is not an offer to sell real estate in any jurisdiction where prior registration is required, including New York. Artist’s renderings, prices, photos, concept plans, floor plans, planned amenities, and proposed dwelling finish features are based upon current development plans that are subject to change without notice. No guarantee is made that the facilities depicted will be built, or, if built, will be of the same size, type or nature as depicted. Users should not rely upon the information contained on this website for making decisions to purchase or lease real estate. NEED NOT BE BUILT.
C. Use of Information
This website is designed as a service to our customers and may be used for information purposes only. The information on this website shall not be deemed an offer or a solicitation of the purchase or sale of any securities. No statement contained herein should be construed as financial, tax, accounting, investment, business or legal advice. Prospective purchasers are urged to seek expert advice.
D. Contact Information
If you have a question, problem or complaint regarding these Terms and Conditions of Use, you may contact SAF at:
Email: privacypolicy@abshop.com
Mailing address: 1701 Lee Branch Lane, Birmingham, Alabama 35242.