Our Terms of Use Agreement

Thank you for visiting the Camberley Homes™ ("Camberley Homes") web site, located at www.camberleyhomes.com.

Please read this Terms of Use Agreement ("Agreement"). By accessing and using the Camberley Homes™ web site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated in this Agreement. Camberley 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.

Camberley Homes™ maintains this Site for general promotional and public information purposes. Unless the context indicates otherwise, as used in these Terms, (i) "Camberley Homes™," "us," "we," and "our" refer to Camberley Homes™ and its subsidiaries and affiliates; (ii) "you," "User," and "Users" refers to users of the Camberley 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 on this web site, including user interfaces and the selection, coordination and arrangement of such information.

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

USER CONDUCT
Users agree that all the information posted or accessed through our web site will be used only for personal informational or educational purposes. There may be no commercial or other unauthorized use of any interactive features available on this web site. Users may not engage in any conduct or action that is prohibited by law or violates any federal, state or local laws.

INTELLECTUAL PROPERTY
All Content contained on the Camberley Homes™ web site is protected by copyright except where explicitly noted otherwise. © Camberley Homes™ Inc. All rights reserved.

You understand and agree that this Content 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 Camberley Homes™' prior written consent.

All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this web site are the property of Camberley 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 Camberley Homes™' prior written permission. The use of Camberley Homes™' Marks on any other web site is prohibited.

Nothing stated or implied on this Site confers on you any license or right under any copyright, trademark, service mark or other proprietary rights of Camberley Homes™ or any third party. Unauthorized use of any proprietary right on this web site is expressly prohibited and may be a violation of law.

PERMITTED AND PROHIBITED USES
You may view and make one (1) electronic or paper copy of the information posted on any pages of this web site, 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 this site.

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

LINKS TO THIRD PARTY SITES
Camberley Homes™ Sites may contain links to third party web sites, which are not under the control of Camberley 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. Camberley Homes™ makes no representations whatsoever about any other web site to which you may have access through Camberley 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 Camberley 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 Camberley Homes™ shall not be liable for any loss or damage of any sort incurred as the result of using this or any third party's web site. Mention of third party companies and web sites on the Camberley Homes™ web site is for informational purposes only and does not constitute an endorsement or recommendation.

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

In general, Camberley Homes™ only permits links under the following conditions: (i) any link to our site must be a text-only link and clearly marked "Camberley Homes™ Corporation web site"; (ii) the link must "point" to the URL www.camberleyhomes.com and not to other pages within our site; (iii) when selected by a user, the link must display our 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, Camberley Homes™ does not warrant that, even if you meet these conditions, we will provide you with permission to link. Additionally, Camberley 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, Camberley Homes™ makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Camberley Homes™ make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site.

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 this site 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 this site is free from computer viruses, worms, Trojan horses or other destructive devices.

USER EXPRESSLY UNDERSTANDS AND AGREES THAT Camberley 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, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF Camberley 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 THIS WEB SITE 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 Camberley 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 THE SITE CONTENT, EVEN IF Camberley 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 THE SITE (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 THIS WEB SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT NOR SHOULD BE CONSTRUED AS AN OFFER. Camberley 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 Camberley 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 this web site or any product or service related thereto.

GOVERNING LAW
This Agreement and the relationship between User and Camberley 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 these Terms or relating your use of this web site 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 this site, 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 this web site. 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 this web site. 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 this 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 these Terms or this web site, please email us at Tom.Neff@WinchesterHomes.com

Posting Date: 02/01/09