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Links: The Website may include links to third party websites not operated by JP Brooks Builders. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. ACCESS TO ANY SUCH LINKED SITE IS AT THE USER’S OWN RISK, AND JP BROOKS BUILDERS WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.
User Content: The Website may allow the User to upload photographs, videos or other content (“User Content”). The User shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website. The User shall retain ownership of all User Content and hereby grants to JP Brooks Builders a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and for our business purposes. The User also grants to the other users of the Website a non-exclusive license to access the User Content via the Website, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms and Conditions. The User grants JP Brooks Builders the right to identify the User as the author of any such User Content by name, email address, or screen name, and the User acknowledges that JP Brooks Builders has the right, but is not obligated, to use any such User Content and that JP Brooks Builders may cease utilizing such User Content at any time for any reason. The User agrees not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the User does not have the rights necessary to transmit and publish such content or materials, or to grant JP Brooks Builders the license to use such content or materials as described herein. The User acknowledges that JP Brooks Builders has no obligation to monitor or screen User Content submitted to the Website, but that JP Brooks Builders shall have the right (but not the obligation) to reject, remove or delete any User Content at its sole discretion.
Third Party Content: The User understands and agrees that JP Brooks Builders does not control and is not responsible for any Content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third party Content is at the User’s sole risk. Under no circumstances will JP Brooks Builders be liable for any such third party Content or for any loss or damage resulting from the User’s use of, or reliance on, such third party Content.
Forward Looking Statements: Certain statements contained herein are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “expects,” “anticipates,” “targets,” “goals,” “projects,” “intends,” “plans,” “believes,” “seeks,” “estimates,” variations of such words and similar expressions are intended to identify such forward-looking statements. These statements involve a number of risks and uncertainties. Any forward-looking statements that we make herein and in any future reports and statements are not guarantees of future performance, and actual results may differ materially from those in such forward-looking statements as a result of various factors, including, without limitation, factors relating to the economic environment, interest rates, availability of resources, competition, market concentration, land development activities, construction defect, product liability and warranty claims and various governmental rules and regulations, as more fully discussed in the then current Risk Factors section in the JP Brooks Builders Annual Report on Form 10-K, as the same may be updated from time to time in our subsequent filings with the Securities and Exchange Commission. All forward-looking statements speak only as of the date they are made. JP Brooks Builders undertakes no duty to publicly update any forward-looking statements, whether as a result of new information, future events or otherwise.
Disclaimers: JP BROOKS BUILDERS AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE CONTENT OR REPRESENT THAT THE WEBSITE OR THE WEBSITE CONTENT IS ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability: USE OF THE WEBSITE IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, JP BROOKS BUILDERS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE WEBSITE OR THE WEBSITE CONTENT; (II) INABILITY TO ACCESS OR USE THE WEBSITE OR THE WEBSITE CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE WEBSITE; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, JP BROOKS BUILDERS VIA THE WEBSITE; OR (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JP BROOKS BUILDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Not an Offering of Property; Interstate Land Sales Disclaimers: This is not an offering of property in any jurisdiction that may have restrictions on interstate offerings of real estate, unless the property has been so qualified or exemptions are available. Any information entering such jurisdictions shall be considered void and not an offering by JP Brooks. JP Brooks will not knowingly disseminate information in such jurisdictions prohibiting an offering without complying with such requirements. An offer of property may only be made in the jurisdiction in which the property is located at the sales center or other locations utilized for sales at the discretion of JP Brooks. It is the intent of JP Brooks to sell its residential homes pursuant to an exemption from the registration requirements the Intestate Land Sales Full Disclosure Act (15 U.S.C. 1701, et seq.).
Notice to New York State Residents: JP Brooks and principal(s) taking part in the public offering or sale of JP Brooks Builders’ homes are not incorporated in, nor do they currently maintain an office within the State of New York. Unless the offering of any cooperative interests in real estate is otherwise qualified under applicable New York law as described below, the offering for sale of JP Brooks homes is neither made in the State of New York nor made to the residents of the State of New York. Until such time as all registration and filing requirements under the Martin Act and the Attorney General’s regulations are complied with; a written exemption is obtained pursuant to an application and such is granted pursuant to and in accordance with the Cooperative Policy Statements #1, #7, or #12; or a “No-Action” request is granted (i.e., the offering has been “qualified” under New York law), no offering for sale of JP Brooks homes will be directed to any person or entity in or from the State of New York by, or on behalf of, JP Brooks or anyone acting with JP Brooks’ knowledge, nor will any activities by JP Brooks under such circumstances target New York State residents. These disclosures have been made to ensure that JP Brooks has taken adequate measures to notify residents of the State of New York that it will not offer property that has not been previously qualified for sales in New York in or from the State of New York.
Changes to Website: At any time and without notice to the User, JP Brooks Builders may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Hennepin County, Minnesota, under the AAA’s rules and procedures, as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Minnesota, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Hennepin County, Minnesota.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU MAY BRING CLAIMS AGAINST JP BROOKS BUILDERS ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing JP Brooks Builders with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You may direct copyright infringement notifications to JP Brooks Builders at 11314 86th Avenue North, Maple Grove, MN 55369 ATTN: DMCA. You acknowledge that if you fail to comply with all of the requirements detailed above, your DMCA notice may not be valid.
If you believe that your content that was removed from the Website (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the DMCA Agent:
If a counter-notice is received by the DMCA Agent, JP Brooks Builders may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed Content may be replaced, or access to it restored, after receipt of the counter-notice, at JP Brooks Builders’ sole discretion.
Effective as of April 2nd, 2018
This document was last revised on Tuesday, April 2, 2019.