Terms of Use

Our Terms of Use Agreement

Thank you for visiting a web site operated or controlled by Winchester Homes™ ("Winchester Homes"), including www.winchesterhomes.com and the Winchester Homes blog site, located at http://blog.winchesterhomes.com/blog/winchester-homes.

Please read this Terms of Use Agreement ("Agreement"). By accessing and using a Winchester Homes™ web site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated in this Agreement. Winchester Homes™ may need to change these terms and conditions periodically; therefore, we recommend that you check this Agreement from time to time to review the current terms and conditions.

Winchester Homes™ maintains its web sites for general promotional and public information purposes. Unless the context indicates otherwise, as used in this Agreement, (i) "Winchester Homes™," "us," "we," and "our" refer to Winchester Homes™ and its subsidiaries and affiliates; (ii) "you," "User," and "Users" refers to users of a Winchester Homes™ web site and (iii) "Content" refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by us on or through one of our web sites, including user interfaces and the selection, coordination and arrangement of such information.

PRIVACY
Winchester Homes™ collects information about the Users of its web sites. Collection of this information is governed by the Winchester Homes™ Online Privacy Policy, which may be accessed at www.winchesterhomes.com/privacy.

INTELLECTUAL PROPERTY
You understand and agree that the Content on our web sites is protected by copyrights, trademarks, service marks patents or other proprietary laws and you may not copy, reproduce, republish, distribute, perform, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement without Winchester Homes™' prior written consent. The Content on the web sites is the property of Winchester Homes™, its licensors or agents. You may view and make one (1) electronic or paper copy of the information posted on any pages of our web sites, provided that you use the copy solely for your personal, informational and non-commercial purposes and that you (i) keep all copyright and other proprietary notices intact, (ii) do not modify the Content or use it in a manner that suggests an association with any of our products, services or brands and (iii) do not download the Content to any database that can be used to avoid future downloads from our sites. You may not otherwise any of the materials without the prior written consent of the owner. Except as provided herein, you may not distribute copies of materials found on our web sites in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on our web sites, and to tell them how to find it.

All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on our web sites are the property of Winchester Homes™ or its third party licensors unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Winchester Homes™' prior written permission. The use of Winchester Homes™' Marks on a web site that is not owned or controlled by Winchester Homes™ is prohibited.

Nothing stated or implied herein confers on you any license to such Content or any right under any copyright, trademark, service mark or other proprietary rights of Winchester Homes™ or any third party. Unauthorized use of any proprietary right on our web sites is expressly prohibited and may be a violation of law.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to:

Name of Agent Designated to Receive Notification of Claimed Infringement: National Registered Agents, Inc.
Full Address of Designated Agent to Which Notification Should Be Sent: 160 Greentree Drive, Suite 101, Dover, DE 19904
Telephone Number of Designated Agent: 302-674-4089
E-Mail Address of Designated Agent: nraicorporateservices-seattle@nrai.com

To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records.

If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS
Winchester Homes™ wants to encourage an open exchange of information and ideas through its web sites. But we cannot and do not review every posting made on our web sites, on our Facebook page, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas of our web sites to include content, information, and opinions from a variety of individuals and organizations other than Winchester Homes™. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff.

Responsibility for what is posted on our web sites lies with each user -- you alone are responsible for material you post. Winchester Homes™ does not control the messages, information or other content that you or others may provide through our web sites.

By using or accessing our web sites, you agree not to submit, post or transmit any material or otherwise engage in any conduct that:

  • Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
  • Allows you to gain unauthorized access to one of the Winchester Homes™ web sites, or any account, computer system, or network connected to such web sites, by means such as hacking, password mining or other illicit means
  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Collects for marketing purposes any email addresses or other personal information that has been posted by other users of our web sites.
  • Impersonates any person, business or entity, including Winchester Homes™ and its employees and agents or falsely state or otherwise misrepresent your affiliation with any person, business or entity, including Winchester Homes™;
  • Contains an advertisement or solicitation or encourages others to make a donation;
  • Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  • Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
  • Results in the posting or transmission of any message anonymously or under a false name;
  • Permits any person to access, using your account, any features of our web sites that may require registration; or
  • Violates this Agreement, guidelines or any policy posted on our web sites, or interferes with the use of these web sites by others.

Although we cannot monitor all content on our web sites, you understand that Winchester Homes™ shall have the right, but not the obligation, to monitor the Content of the our web sites to determine compliance with this Agreement and any other operating rules that may be established by us from time to time. Winchester Homes™ shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, submitted to or posted on our web sites for any reason, including violation of this Agreement, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither Winchester Homes™ nor any of its affiliates shall assume or have any liability for any action or inaction by Winchester Homes™ with respect to any conduct within our web sites or any communication or posting on such web sites. Winchester Homes™ also reserves the right to disclose any information that we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.

You may not (i) decompile, disassemble or reverse engineer our web sites or otherwise attempt to determine the source code or trade secrets of our web sites; (ii) violate or attempt to violate the security of our web sites or (iii) otherwise disrupt or interfere with the operation of our web sites.

There may be no commercial or other unauthorized use of any interactive features available on these web sites. Users may not engage in any conduct or action that is prohibited by law or violates any federal, state or local laws.

WARRANTY & LICENSE
Do not use our web sites to violate anyone's copyright, trademark or other intellectual property rights. By posting, linking or otherwise submitting any material (including, without limitation, photographs and videos) to our web sites, you are warranting and representing that you own or have the right to post, link or make such submission of the material, or are making your submission, linking or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted, linked or posted. You also warrant that all moral rights in any material that you submit to us, link to, or post have been waived. Submitting, linking to or posting material that is the property of another, without the consent of its owner, is not only a violation of this Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

You understand that by posting material on our web sites, you are granting to Winchester Homes™, and to anyone authorized by Winchester Homes™, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Winchester Homes™, and anyone authorized by Winchester Homes™, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

LINKS TO THIRD PARTY SITES
From time to time, we may contain links to third party web sites on our web sites. The content on these third party links is not under the control of Winchester Homes™. We provide these links as a convenience to you. However, by providing such links, we are not endorsing such third parties or their web sites. Winchester Homes™ makes no representations whatsoever about any other web site to which you may have access through a Winchester Homes™' web site, or any further links that these third party web sites may have on their sites. When you access a third party web site, you do so at your own risk and acknowledge that Winchester Homes™ is not responsible or liable for any content, advertising, products or other materials available from such third party sites. We are not responsible for assuring that hyperlinked sites are free from computer viruses, worms, Trojan horses or other destructive devices. We may discontinue our links to any third party site at any time without notice or obligation to you.

You also agree that Winchester Homes™ shall not be liable for any loss or damage of any sort incurred as the result of using one of our web sites or any third party's web site. Mention of third party companies and web sites on one of our web sites is for informational purposes only and does not constitute an endorsement or recommendation.

LINKS TO THIS WEB SITE
You may not link to our web sites without the permission of Winchester Homes™. If you wish to link to a Winchester Homes™ web site, you must first contact Cynthia.Herberg@whihomes.com and provide the URL of the web site on which the Winchester Homes™ link will appear; a description of where the link will appear; and the reason for requesting the link. Winchester Homes™ will evaluate the request and determine whether it will permit the link.

In general, Winchester Homes™ only permits links under the following conditions: (i) any link to one of our web sites must be a text-only link and clearly marked "Winchester Homes™ Corporation web site"; (ii) the link must "point" to the URL www.winchesterhomes.com and not to other pages within one of our web sites; (iii) when selected by a user, the link must display our web site on the full-screen and not within a "frame" on the linking site; (iv) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law. However, Winchester Homes™ does not warrant that, even if you meet these conditions, we will provide you with permission to link. Additionally, Winchester Homes™ reserves the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, Winchester Homes™ makes no warranty that our web sites will meet your requirements or that they will be uninterrupted, timely, secure or error free; nor does Winchester Homes™ make any warranty as to the results that may be obtained from the use of our web sites or as to the accuracy or reliability of any information obtained through our web sites.

The Content (including all information available on or through the site) is provided "AS IS" and we are not responsible for its use or misuse. Access to our web sites from locations where the Content may be illegal is prohibited and you are responsible for compliance with applicable local laws. You are also responsible for taking all necessary precautions to assure that any material you obtain from our web sites is free from computer viruses, worms, Trojan horses or other destructive devices.

USER EXPRESSLY UNDERSTANDS AND AGREES THAT Winchester Homes™ SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE, AND WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE, RESULTING FROM ANY USE OF, OR INABILITY TO USE, OUR WEB SITES, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEB SITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF Winchester Homes™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEB SITES IS DONE AT USER'S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. IN NO EVENT SHALL Winchester Homes™ BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE OUR WEB SITES’ CONTENT, EVEN IF Winchester Homes™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, INCLUDING PRICING INFORMATION; (IV) WARRANTIES RELATING TO THE OPERATION OF OUR WEB SITES (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) AND (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. ANY PRICING INFORMATION PROVIDED ON OUR WEB SITES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT NOR SHOULD BE CONSTRUED AS AN OFFER. Winchester Homes™ IS NOT RESPONSIBLE FOR ANY ERRORS IN PRICING INFORMATION AND WILL NOT BE LIABLE FOR ANY DAMAGES BASED UPON A PARTY'S RELIANCE THEREON. PRICING MAY CHANGE WITHOUT NOTICE AT ANY TIME.

INDEMNIFICATION
User agrees, at User's expense, to indemnify, defend and hold harmless Winchester Homes™, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User's breach of this Agreement or in connection with User's use of a Winchester Homes™ web site or any product or service related thereto.

GOVERNING LAW
This Agreement and the relationship between you, as a User of the web sites, and Winchester Homes™ shall be governed by and construed in accordance with the laws of the State of Maryland and the United States of America, without reference to any choice of law rules under Maryland law. You agree that any action at law or in equity arising out of or relating to this Agreement or relating your use of our web sites will be filed only in the state or federal courts located in Montgomery County, Maryland and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

The terms in this Agreement may be supplemented by additional terms posted at other locations on our web sites, but these terms will supersede in the event of a conflict with such additional terms. These terms and such additional terms constitute our entire agreement with you regarding your use of our web sites. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
WAIVER/SEVERABILITY
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.

VIOLATIONS
We reserve the right to seek all remedies available at law and in equity for violations of this Agreement including suspension or blocking of your access to our web sites. Our failure to enforce any provision of the terms of this Agreement will not constitute a waiver of such provision or of our legal or equitable rights.

QUESTIONS AND COMMENTS
We welcome questions, comments and other feedback about any Winchester Homes™ web site and about our products and services. However, please be aware that we will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to you.

If you have any questions about this Agreement or this web site, please email us at Cynthia.Herberg@whihomes.com.

Last Updated: 05/27/2010