Terms & Conditions


Please read these terms and conditions carefully before using our Site. The use of this website constitutes your agreement to the Legal Disclaimers set forth herein.

INTERPRETATION AND DEFINITIONS

INTERPRETATION

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following 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:

  • Country refers to Pennsylvania, United States.

  • 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.

  • Site refers to the Website.

  • Terms and Conditions (as referred to as “Terms”) means these Terms and Conditions 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.

  • Website refers to the 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.

ACKNOWLEDGEMENT

These are the Terms and Conditions governing the use of the Site and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Site.

Your access to and use of the Site is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or the Site.

By accessing or using the Site You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms abd Conditions then You may not access the Site.

Your access to and use of the Site is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website. Please read Our <Privacy Policy> carefully before using Our Site.

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. Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites 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 web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services You visit.

TERMINATION

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Terms and Conditions. 

Upon termination, Your right to use the Site will cease immediately.

LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all foregoing shall be limited to the amount actually paid by You through the Site or 100 USD if You haven’t purchased anything through the Site.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers, vendors, or agents be liable for any special, incidental, indirect, or consequential damages whatsoever (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, third-party software and/or third-party hardware used with the Site, or otherwise in connection with any provision of this Terms), even if the Company or any supplier, vendor, or agent has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” DISCLAIMER

The Company makes every effort to keep the information within this site accurate and up-to-date. All information in the Site is provided "AS IS" and “AS AVAILABLE”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

The Company assumes no responsibility for errors or omissions in the contents of the Site.

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Site or the contents of the Site. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. 

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.

The Company does not warrant that the Service is free of viruses or other harmful components.

ERRORS AND OMISSIONS DISCLAIMER

The purpose of this website is solely to present a reasonable amount of information to allow You to consider visiting a Gemcraft Homes, Inc. community or for general guidance on matters of interest only. This website is not an offer to sell, a solicitation to purchase, or in any other way the commencement of a business or financial transaction. Prospective customers must visit a Gemcraft Homes, Inc. community Sales Center to enter into a business relationship with Gemcraft Homes, Inc. or any of its affiliates.

The Company takes every precaution to ensure that the content of the Site is both current and accurate, errors can occur. Given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Site.

The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.

FAIR USE AND CONTENT DISCLAIMER

FAIR USE

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.

The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.

CONTENT 

The content included in this website, including floorplans, site plans, photography, drawings and elevations, are copyrighted and are the property of Gemcraft Homes, Inc.. No permission is granted to copy or use any part of this site, including floorplans, except for the limited personal use of individual homebuyers who are contemplating the purchase of a new home.

If You wish to use copyrighted material from the Site for your own purposes that go beyond fair use or uses as described above, You must obtain permission from the copyright owner.

VIEWS EXPRESSED DISCLAIMER

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.

DISPUTES RESOLUTION

If You have any concern or dispute about the Site, You agree to first try to resolve the dispute informally by contacting the Company.

SEVERABILITY AND WAIVER

SEVERABILITY

If any provision of these Terms 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.

WAIVER

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

TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if We have made them available to You on our Site. You agree that the original English text shall prevail in case of a dispute.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice to prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

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, please stop using the Site.

CONTACT US

For more information about our Terms and Conditions, if you have questions, or if you would like to make a complaint, 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

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