These Terms of Use apply to our websites, microsites, mobile versions of these websites, and mobile applications (collectively, the “Website”) that expressly adopt and display or link to these Terms of Use, as may be revised from time to time, and that are owned, operated or controlled by JP Brooks, Inc., its affiliates and subsidiaries (collectively referred to as “JP Brooks Builders”). By accessing and using the Website, you (the “User”) acknowledge and agree to accept and be bound by these Terms of Use.
Content: All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, charts, renditions and floor plans, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of JP Brooks Builders and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms of Use. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of JP Brooks Builders.
Use of Website Content: The Website, including all Website Content, is provided for informational purposes only. Maps and site plans on the Website are not to scale and represent an artist’s rendition, which may not accurately represent the actual condition of the item being represented. The present, future, or proposed roads, easements, land uses, conditions, plat maps, lot sizes or layouts, zoning, school district, drainage, land conditions or development of any type, whether inside or outside the boundaries, may or may not change in the future without notice. Subject to these Terms of Use, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for the User’s own informational purposes only. All rights not expressly granted are reserved by JP Brooks Builders and its licensors. This limited license may be revoked at any time for any reason or no reason.
Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by JP Brooks Builders and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms of Use or by virtue of User’s use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of JP Brooks Builders or the applicable rights holder.
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 Information: Some functionality of the Website may require the transmission of information provided by the User (“User Information”). User Information may include, but is not limited to, a User’s name, address, telephone number, email address, sign-in information, such as username and password, job title, and place of employment. The User agrees to keep the User Information provided to the Website current at all times and to promptly update such information in the Website to the extent of any change. By using such functionality, the User consents to the transmission of User Information to JP Brooks Builders and/or its agents and authorizes JP Brooks Builders and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy located at: https://joshp14.sg-host.com/privacy-policy, which is incorporated herein by reference.
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.
Acceptable Use: The User’s permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by JP Brooks Builders to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access to JP Brooks Builders’ systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden JP Brooks Builders’ servers or networks, or (viii) fails to comply with applicable third party terms. The User must comply with all applicable third party Terms of Use (e.g., wireless carrier terms of service) at all times while using the Website. JP Brooks Builders reserves the right to, in its sole discretion, terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or JP Brooks Builders reasonably believes the User has engaged in or is engaging in, use that violates these Terms of Use. JP Brooks Builders’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.
Eligibility; Jurisdiction: The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into these Terms of Use and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. The Website is not intended for children under the age of 13. JP Brooks Builders provides the Website for use in the United States of America. JP Brooks Builders does not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at the User’s sole risk and the User is responsible for complying with all applicable local laws.
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 Builders. JP Brooks Builders 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 Builders. It is the intent of JP Brooks Builders 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.).
Indemnity: Upon JP Brooks Builders’ request, the User agrees to indemnify, defend and hold harmless JP Brooks Builders and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) the User’s use or misuse of the Website; (ii) the User’s violation of these Terms of Use; or (iii) the User’s violation of any third party right, including without limitation any copyright, property or privacy right. JP Brooks Builders reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with JP Brooks Builders in asserting any available defenses.
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. JP Brooks Builders may at any time make alterations to floor plans, materials, dimensions, sizes, and all other aspects of the website, without notice to any person, in JP Brooks Builders sole discretion
Changes to Terms; Updates: JP Brooks Builders reserves the right to change these Terms of Use at any time, and in its sole discretion, by changing these Terms of Use within the Website. The User’s continued use of the Website after any such changes to these Terms of Use are made available through the Website will constitute the User’s acceptance of those changes. These Terms of Uses shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements – in which case such separate terms will apply.
Governing Law: These Terms of Use are governed by the laws of the State of Minnesota and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Hennepin County, Minnesota, USA for purposes of any legal action arising out of or related to these Terms of Use or use of the Website.
Agreement to Arbitrate: Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the Website will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of access to or use of the Website, and to arbitrate any part of these Terms of Use, including any claim that all or any part of the this section or these Terms of Use is void or voidable.
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.
Contact: If you have any questions, complaints, or claims regarding the Website please submit your inquiry at: https://www.jpbrooks.com/contact or write to 11314 86th Avenue North, Maple Grove, MN 55369. ATTN: TERMS OF USE.
Effective as of April 2nd, 2018
This document was last revised on Tuesday, April 2, 2019.
