Terms & Conditions

ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use are entered into by You and Gemcraft Homes, Inc. (the "Company", "We", "Us", or "Our"), and govern your access to, and use of, www.gemcrafthomes.com, including any content, functionality and services offered therein. These Terms of Use apply to all users of the Website, and Your continued use of this website is conditioned upon Your acceptance of, and compliance with, Our Terms of Use.  

Please read these Terms of Use carefully before using our Website. By using this Website, You expressly agree to be bound and to abide by, these Terms of Use. Your use of this Website is also conditioned upon acceptance of, and compliance with, the Company's Privacy Policy incorporated by reference herein and made a part hereof. If You do not accept all or any part of these Terms of Use, You must not access this website.  


INTERPRETATION AND DEFINITIONS

INTERPRETATION

Capitalized words used on this website shall have the meanings given to them below, which definitions shall have the same meaning regardless of whether they appear in singular or in plural. 

DEFINITIONS

For the purposed of these Terms and Conditions:

    Company (referred to as either “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to Gemcraft Homes, 222 N Consitution Ave, New Freedom, PA.

    Device means any internet-connected or non-internet connected device that accesses the Site such as a computer, a cellphone, smart television, or a digital tablet.

    Terms of Use (as referred to as “Terms”) means these Terms of Use that form the entire agreement between You and the Company regarding the use of the Site.

  Third-party Social Media Service  mean any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, or made available by the Site.

    Privacy Policy means the Company's policies and procedures for the collection, use and disclosure of Your personal information when You use this Site. Please read Our <Privacy Policy> carefully before using Our Site.

    Website (or as referred to herein as "Site") refers to this website accessible from www.gemcrafthomes.com

    You means the individual accessing or using the Site, or the company, or other legal entity on behalf of which such individual is accessing or use the Site, as applicable.

ACCESS TO WEBSITE; MODIFICATION; TERMINATION

We reserve the right to, from time to time, withdraw, amend, or modify this Website, in Our sole discretion, without notice. We will not be liable to You or any other user if for any reason all or part of the Website is unavailable at any time or for any reason. We may restrict, suspend or terminate Your access to parts of the Website, or the entire Website, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Terms of Use.

Upon termination, Your right to use the Sitewill cease immediately.

LINKS TO OUR WEBSITE

You may not link to Our Website without Our express written consent. You agree to cooperate with Us in causing an unauthorized framing or linking to Our Website by You or Your affiliates to be immediately taken down.

LINKS TO OTHER WEBSITES

Our Site may contain links to third-party web sites or services that are not owned, controlled, or affiliated with the Company, and are provided for Your convenience only, including without limitation, links contained in banner advertisements and sponsored links. The Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites, and You acknowledge that any decision to access any third-party websites from this Site has been done at Your own risk and is subject to the terms and conditions of such websites not these Terms of Use.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, floorplans, site plans, photography, drawings and elevations, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property orproprietary rights laws.

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner, by making such material available for criticism, comment, news reporting, teaching, scholarship, research, or other uses constituting a "fair use" under United States Copyright law.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your Web browser for display enhancement purposes
- You may print or download on copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. 

You must not:

- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks oftheir respective owners.

VIEWS EXPRESSED

The Site may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer, or company,including the Company.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

- Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.

RELIANCE ON INFORMATION

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.

All graphics on this Website, including drawings, plans, photographs, and similar depictions are artists' interpretations and/or limited in scope and should not be relied upon as communicating an actual representation of any condition, locale, or event. Photographs may be of, or show, different products, different locations, available options, and/or non-product enhancements such as landscaping, furnishing, and/or decorating.

DISCLAIMER OF WARRANTIES

You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ERROR OR OMISSIONS IN THE CONTENTS OF THIS WEBSITE.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, SUPPLIERS, VENDORS, AGENTS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE  DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, ANY CONTENT ON THE WEBSITE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SITE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN THE EVENT THAT ANY OF THE ABOVE LIMITATIONS ARE NOT APPLICABLE UNDER CERTAIN APPLICABLE LAW, LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

SEVERABILITY AND WAIVER

If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Use shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of any breach of these Terms of Use constitute a waiver of any subsequent breach hereof.

CONFLICTS IN TRANSLATION

To the extent these Terms of Use have been translated, whether by Company or a third-party service, in order to be made available to You on our Site, You agree that the original English text shall be controlling should the language contained herein be the subject of any dispute.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, in Our sole discretion, to modify, amend, update or replace these Terms of Use at any time. Any such modification shall be effective immediately when We post them to the Site, and by continuing to access or use Our Site after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, you must stop using the Site.

CONTACT US

We welcome Your feedback. For more information about our Terms of Use, if you have questions about the Company or any information found on Our Site, or if you are experiencing issues, please contact us by email at info@gemcrafthomes.com or by mail using the details provided below:

Gemcraft Homes
℅ Marketing Dept.
222 N Consitution Ave
New Freedom, PA 17349

Effective as of 3/24/2022


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