Terms and Conditions

LEGAL TERMS

The use of this website signifies your acceptance of the legal terms contained in this Internet Site Terms and Conditions and any other legal terms found elsewhere on this website. Every legal term is subject to change without notice to you, except that such changes will be posted on this website. Such changes are binding upon you and are not subject to our further acceptance.

DISCLAIMER

Although Epcon Communities strives to provide accurate information, the material in this site could contain technical inaccuracies or typographical errors. Epcon Communities does not warrant the accuracy and completeness of information, including but not limited to graphics, text, links or other items contained on this website.

THE MATERIALS CONTAINED IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. EPCON COMMUNITIES HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EPCON COMMUNITIES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR VIRUSES.

In no event shall Epcon Communities be liable for any special, indirect or consequential damages of any kind resulting from loss of use, profits or data, whether or not advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with your use of the materials contained on this website.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Many communities are owned and developed by Epcon Communities franchisees, who are independent business entities, businessmen and women. Epcon Communities makes no warranties regarding these communities and bears no responsibility for the development of such communities by its franchisees.

Epcon Communities maintains web pages for many of its franchisees that can be reached by links on this website. The information contained on such franchisee pages is solely provided by franchisees and Epcon Communities makes no representations or warranties as to the accuracy of such information.

While Epcon Communities attempts to accurately provide a description of the buildings and amenities that are available in communities, such buildings and amenities may not always be available and/or may vary from the descriptions contained herein. Epcon Communities and its franchisees reserve the right to discontinue or modify plans for the buildings and amenities in communities.

This website contains references to the products and services of other companies and links to other websites, including non-affiliates of Epcon Communities. Those other websites are governed by the terms and conditions applicable to those websites. The links to those websites are for your convenience only, and do not comprise any warranty or endorsement on the part of Epcon Communities as to the companies, products, services, information or programs associated with these websites. Additionally, Epcon Communities does not warrant or endorse the non-affiliated companies and products that appear on this website.

SOLICITATION

Users throughout the United States and internationally may access this website. It may contain references to Epcon Communities’ products and services that are not available in your state or country. These references do not imply that Epcon Communities has any intention of making such products and services available to residents in your state or country. The information contained in this website is not intended as a solicitation to users who reside in states or countries where Epcon Communities or its franchisees are not authorized to conduct business

INTEREFERENCE

You agree that you will not use any software, device or other instrumentality to interfere or attempt to interfere with the proper working of our website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our website’s infrastructure.

TRADEMARK INFORMATION

The following are some of the proprietary trademarks and service marks of Epcon Communities or its related entities: Where Life Comes Together®, Epcon Communities®, Embark On A New Path™, Where Life Comes Together®, QualityMark®, One Remarkable Experience®, and Building Your Success®. Some of these trademarks and service marks are registered with the United States Patent and Trademark Office. Epcon Communities also claims trademark rights to other marks that may not be explicitly listed, registered and unregistered, including logos and designs.

THESE MARKS SHALL NOT BE USED WITHOUT THE EXPRESS WRITTEN PERMISSION OF EPCON COMMUNITIES OR ITS AFFILIATES. The use of this website signifies your agreement that your violation of this prohibition will subject you to all legal remedies available to Epcon Communities, and you will also be responsible for any other losses, attorneys’ fees or costs Epcon Communities may incur as a result of your violation, to the fullest extent permitted by law.

This website also contains trademarks and service marks of third parties. Such trademarks and service marks are the property of their respective owners. In the event such a third party makes a claim or files a lawsuit against Epcon Communities as a result of your use of these trademarks and service marks without properly obtained permission, you agree to indemnify and hold Epcon Communities harmless from such a claim or lawsuit, and to reimburse Epcon Communities for all losses, attorneys’ fees and costs that Epcon Communities incurs in connection with such claim or suit, to the fullest extent permissible by law.

COPYRIGHT

Copyright © 1999-2018 Epcon Communities Franchising, Inc. All rights reserved. These materials are provided by Epcon Communities as a public service and shall only be used for personal informational purposes only. You may download one copy of the material on one computer for your personal, non-commercial use only, as long as you do not change or delete any copyright, trademark or other proprietary notices. The designs shown here, as well as the entire Development System (including, but not limited to, any and all drawings, plans and designs) are subject to both copyright and patent protection. Any modification or use of such materials for any other purpose is a violation of Epcon Communities’ intellectual property rights. You may not use, copy, modify, distribute, republish, re-sell, reverse engineer, disassemble, or transmit any of the content or materials from this website without first obtaining the written permission of Epcon Communities.

Any violation of this prohibition may subject you to any and all legal remedies available to Epcon Communities, and you will additionally be responsible for any other losses, attorneys’ fees or costs Epcon Communities may incur as a result of your violation to the fullest extent permissible by law.

JURISDICTION

Epcon Communities controls this website from its Dublin, Ohio, U.S.A. headquarters, and makes no representation that these materials are available or appropriate for use in other locations. When using this site from other locations, you are responsible for complying with any and all applicable local laws and regulations. The use of this website, or the use of the information contained on this website, indicates your agreement to submit to the exclusive jurisdiction of the state courts in Franklin County, Ohio or the United States Federal District Court, Southern District of Ohio, Eastern Division to resolve disputes of any nature that arise from your reliance on information obtained from this website, or any dealings with Epcon Communities that involve this website.

CHOICE OF LAW

These Terms and Conditions will be governed pursuant to the laws of the State of Ohio, notwithstanding any principles of conflicts of law. If any part of these terms and conditions is unlawful, void or unenforceable, such part shall be deemed severable and will not affect the enforceability or validity of any provisions that remain.