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PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY Saddle Brooke Dreambuilders, LLC WEBSITE AS THEY MAY AFFECT YOUR LEGAL RIGHTS. IN PARTICULAR, PLEASE READ THE SECTION TITLED GOVERNING LAW, VENUE AND DISPUTE RESOLUTION, WHICH REQUIRES ALL DISPUTES TO BE SETTLED BY INDIVIDUAL BINDING ARBITRATION.
The following Terms and Conditions of Use (“Terms” or “Terms of Use”) are applicable to the websites, social media sites and handles operated by Saddle Brooke Dreambuilders, LLC, which includes https://saddlebrooke.shedsuite.com and https://saddlebrookedreambuilders.com (each, a “Property,” collectively, the “Properties”). Hereafter in this documentation, Saddle Brooke Dreambuilders, LLC and its affiliates, partners, representatives, employees, and contractors will be referred to as “Saddle Brooke,” “us,” or “we.” The Terms
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.
The Properties contain material, such as software, text, graphics, images, video, audio and other material (collectively, “Content”). The Content may be owned by us or may be provided through arrangements we have with others, including other users of the Properties, our vendors and their respective partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use.
The Properties are owned and operated by Saddle Brooke. No Content from the Properties may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the expressed written permission of Saddle Brooke, except that you may download or print one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Saddle Brooke’s copyright and other proprietary rights and may be subject to civil and/or criminal penalties. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Properties automatically terminates and you must immediately destroy any copies you have made of the Content.
The Properties are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically authorized by Saddle Brooke. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Properties, which in Saddle Brooke’s sole judgment, degrades the reliability, speed, or operation of the Properties or any underlying hardware or software thereof, and (iii) any use of the Properties which is unlawful or in violation of these Terms of Use.
“Public Forum” means a chat area, bulletin board, weblog, blog, review section, posting or e-mail function offered by or related to any Property. The Properties may now or in the future permit, via Public Forums or other means, the submission of Content at the direction of users of the site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You shall be solely responsible for User Content you submit and the consequences of Saddle Brooke’s or its affiliate’s posting or publishing such User Content. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of Saddle Brooke and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by Saddle Brooke including, but not limited to any so-called “expert”, “moderator”, “blog-editor” or other individual functioning in a similar capacity. Saddle Brooke reserves the right to remove or edit content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because of real-time circumstance, these materials may not always be able to be removed or edited in a timely fashion.
Saddle Brooke is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. Saddle Brooke reserves the right to terminate your ability to access any of Public Forum for any reason and without notice.
By communicating in any Public Forum, you hereby represent that you have all necessary rights in the User Content, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading User Content to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) Saddle Brooke and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition to the foregoing licenses, you hereby grant both Saddle Brooke and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials in connection with other websites that make use of services provided by Saddle Brooke’s Service Providers. You warrant that all so-called “moral rights” in those materials have been waived.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
WITHOUT LIMITATION OF THE FOREGOING, Saddle Brooke DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN.
We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on the Properties. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party.
We are not involved in any actual transaction between any Property user (including any so-called “expert”, “moderator”, “blog-editor” or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any Property user and third party relating to or arising out of any transaction between such parties. We urge Property users and third parties to cooperate with one another to resolve any such disputes.
We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on or through the Properties. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You assume all risk of use. Saddle Brooke and its suppliers shall not be liable to you or any other person for any loss, damage or delay resulting from your use of these third party services.
We are not involved in any actual transaction between any user (including any so-called “expert”, “moderator”, “blog-editor” or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any user and third party relating to or arising out of any transaction between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes.
Merchant and service availability, price and time-related information appearing on the Properties are subject to change. Saddle Brooke is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Properties before acting in reliance on such terms.
Third-party products and services represented on any Property are not necessarily endorsed or recommended by Saddle Brooke and Saddle Brooke disclaims all responsibility regarding the performance or the use of third-party products and services.
Saddle Brooke does not necessarily endorse or sanction the content, products or actions of websites that are linked to or from the Properties.
THE MATERIALS ON AND AVAILABLE THROUGH THE PROPERTIES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Saddle Brooke DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Saddle Brooke DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Saddle Brooke DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN AND AVAILABLE THROUGH THE PROPERTIES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Saddle Brooke) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
To the fullest extent under applicable law, you agree to indemnify and hold Saddle Brooke (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or relating to your use of and access to the Properties.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Saddle Brooke BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN AND AVAILABLE THROUGH THE PROPERTIES, EVEN IF Saddle Brooke OR A Saddle Brooke AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Saddle Brooke’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PROPERTIES.
The Saddle Brooke marks depicted herein are owned by Saddle Brooke Dreambuilders, LLC. All other trademarks and service marks depicted herein are owned by their respective owners. Duplication, tampering or unauthorized use in any way of any Saddle Brooke trademarks is prohibited and offenders may be subject to fines and civil and/or criminal prosecution.
These Terms will be governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles. You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the state and federal courts in Dallas, Texas.
If you believe you have a dispute or claim against us arising out of your use of the Properties or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below, Attn: Legal Department.
If we are unable to resolve your concerns informally within 30 days after our receipt of your notice, you may file a claim in small claims court so long as you proceed only on an individual basis or commence an arbitration proceeding, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL AND LEAD OR PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). For the avoidance of doubt, you agree that YOU MAY ONLY BRING CLAIMS AGAINST Saddle Brooke IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, you agree that no arbitrator shall consolidate any other person’s claims with your claims and may not otherwise preside over any form of a multi-party or class proceeding. You agree that the award of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction in the State of Texas. You agree that we may seek interim or preliminary relief from a court of competent jurisdiction in Illinois, necessary to protect its rights or property pending the completion of arbitration.
You must file a demand for arbitration with the AAA within ONE (1) YEAR after the date your claim arose, or within the shortest time period permitted by applicable law. Otherwise, your claim is waived.
If you are accessing or using any of the Properties from a jurisdiction outside of the United States, you understand and agree that such access and use shall be governed by these Terms and United States law.
By using our Properties you represent and warrant that you are 16 years of age or older. Your account may be terminated without warning if we believe that you are under 16 years of age.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
These Terms may be subject to change; the result of any change will be reflected on these pages.
WARRANTIES AND DISCLAIMER OF WARRANTIES (NOT INCLUDING REPOS AND/OR DISCOUNTED BUILDING(S))
CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE BUILDING “AS IS, WHEREIS” AND ALL WARRANTIES ARE LIMITED TO: FOR ALABAMA, ARKANSAS, OKLAHOMA, NORTH DAKOTA, SOUTH DAKOTA, NEBRASKA, NEW MEXICO, COLORADO, AND KANSAS, A ONE-YEAR IMPLIED WARRANTIES OF HABITABILITY AND WORKMANLIKE CONSTRUCTION; FOR OKLAHOMA, A ONE-YEAR IMPLIED WARRANTIES OF HABITABILITY AND WORKMANLIKE CONSTRUCTION, AND CUSTOMER EXPRESSLY WAIVES THE FIVE- YEAR WARRANTY FOR OCCUPANCY AND WORKMANSHIP UNDER 12A OKL. ST. § 2- 316. FOR ARIZONA, THE IMPLIED WARRANTIES OF HABITABILITY AND WORKMANLIKE CONSTRUCTION, AND ARE LIMITED TO SIX YEARS; FOR TEXAS, THE IMPLIED WARRANTIES ARE LIMITED TO FOUR YEARS FOR WORKMANSHIP AND ONE YEAR FOR HABITABILITY; FOR MISSISSIPPI, THE IMPLIED WARRANTIES OF HABITABILITY AND WORKMANLIKE CONSTRUCTION ARE LIMITED TO (1) THE BUILDING WILL BE FREE OF ANY DEFECT DUE TO NONCOMPLIANCE WITH THE BUILDING STANDARDS FOR ONE YEAR; AND THE BUILDING WILL BE FREE FROM MAJOR STRUCTURAL DEFECTS DUE TO NONCOMPLIANCE WITH THE BUILDING STANDARDS FOR SIX YEARS; AND FOR LOUISIANA, THE IMPLIED WARRANTIES OF HABITABILITY AND WORKMANLIKE CONSTRUCTION, AND ARE LIMITED TO (1) THE BUILDING WILL BE FREE OF ANY DEFECT FOR ONE YEAR; (2) THE BUILDING WILL BE FREE FROM DEFECTS RELATED TO PLUMBING, ELECTRICAL, HEATING, COOLING, VENTILATING SYSTEMS EXCLUSIVE OF ANY APPLIANCE, FIXTURES, AND EQUIPMENT FOR TWO YEARS; AND (3) THE BUILDING WILL BE FREE FROM MAJOR STRUCTURAL DEFECTS FOR FIVE YEARS; PROVIDED, FOR ALL STATES, SUCH WARRANTY IS EFFECTIVE FROM THE DATE OF ISSUANCE OF A CERTIFICATE OF OCCUPANCY BY THE LOCAL BUILDING CODE ENFORCEMENT AUTHORITY OR, IF NOT APPLICABLE, ACCEPTANCE OF DELIVERY. THIS LIMITED WARRANTY IS THE ONLY EXPRESSED WARRANTY PROVIDED BY SELLER.
Any replacement performed under this Warranty will be performed by Seller or Seller’s agent and subject to a service charge. Seller does not warrant the pad or foundation on which the building(s) is delivered. Seller’s liability is further limited as provided by the Limitation of Liability section of these Terms. In the event Seller repairs or replaces or pays the cost of repairing or replacing any defect covered by this warranty for which Customer is covered by insurance or a warranty provided by another party, Customer must, upon request of Seller, assign the proceeds of such insurance or other warranty to Seller to the extent of the cost to Seller of such repair or replacement. Customer must provide normal maintenance and proper care of the building(s) according to this warranty, the warranties of manufacturers of consumer products, and generally accepted standards of the state in which the building(s) is located. Seller must be notified in writing, by Customer, of the existence of any defect before Seller is responsible for the correction of that defect. Written notice of a defect must be received by Seller prior to the expiration of the warranty on that defect and no action at law or in equity may be brought by Customer against Seller for failure to remedy or repair any defect about which Seller has not received timely notice in writing. Customer must provide Seller with access to the building(s) during normal business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., to inspect the defect reported and, if necessary, to take corrective action. To the extent state law allows, consequential or incidental damages are excluded from this warranty. The above warranty will be null and void in the event that the building(s) are altered by Customer, or have been, in Seller’s sole judgment, subject to negligence, improper maintenance, misuse or moved from original delivered location. The following additional items are excluded from limited warranty:
Defects in any item that was not part of the original building as constructed by Seller.
Any defect caused by or worsened by negligence, improper maintenance, lack of maintenance, improper action or inaction, or willful or malicious acts by any party other
than Seller, its employees, agents, or trade contractors.
Normal wear and tear of the home or consumer products in the home.
Loss or damage caused by acts of God, including but not limited to fire, explosion,
smoke, water escape, changes that are not reasonably foreseeable in the level of underground water table, glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, and earthquakes.
Any defect or damage caused by changes in the grading or drainage patterns or by excessive watering of the ground of Customer’s property or adjacent property by any party other than Seller, its employees, agents, or trade contractors.
Any loss or damage that arises while the home is being used primarily for nonresidential purposes.
Any damage to the extent it is caused or made worse by the failure of anyone other than Seller or its employees, agents, or trade contractors to comply with the requirements of this warranty or the requirements of warranties of manufacturers of appliances, equipment, or fixtures.
Any defect or damage that is covered by a manufacturer’s warranty that has been assigned to Customer.
Insect or animal damage.
Failure of Customer to take timely action to minimize loss or damage or failure of Customer to give Seller timely notice of the defect.
(SELLER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
Miscellaneous.
These Terms and any order attached herewith will be construed under state law without regard to the choice of law principles thereof. No waiver of any breach of any provision of this contract will constitute a waiver of any other breach of such provision. If one or more of these Terms is for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other term or condition and such invalid, illegal, or unenforceable provisions will be modified to the minimum extent necessary to render such provisions valid, legal and enforceable.
Saddle Brooke, LLC
1025 W Grizzly Dr
DeKalb, Texas 75559
