WELCOME! Mountainview Estates at Glade Valley, LLC and/or its affiliates (collectively referredto herein as “BUIILDER”) provides this website as an informational resource for you to find generalinformation relating to custom homes built by BUILDER. The term “Website” shall mean and refer tolanding page https://shefaliving.com/, each of the pages comprising the Website and all informationcontained in the Website.
We encourage you read these Terms of Use (the “Terms”) is its entirety before visiting, viewing,accessing, interacting with and/or otherwise using the Website; as such, by visiting, viewing, accessing,interacting with and/or otherwise using the Website, you agree to these Terms without limitation orqualification; if you do not agree, do not view, access, use and/or otherwise interact with the Website.
While BUILDER intends to use its reasonable efforts to include up to date and accurateinformation in the Website, BUILDER makes no representation, warranty or other assurance as to theaccuracy, currency or completeness of any of the information contained in the Website, and as such,BUILDER shall not be liable for any damages, losses and/or injury arising from, relating to and/orotherwise resulting from (i) any access, use and/or interaction that you may have with the Website, (ii)any inability to visit, access and/or otherwise view the Website and/or (iii) any reliance that you mayplace on any information and/or Content (as such term is define in these Terms) contained and/orreferenced in the Website.
Moreover, BUILDER, in its sole, absolute and unfettered discretion, reserves the right tochange, modify, add or remove portions of these Terms at any time and from time to time. It is yourresponsibility to check these Terms periodically for changes. Your direct and/or indirect use and/orinteraction with the Website following the posting of changes to the Terms will mean that you acceptand agree to such changes. So long as you strictly comply with these Terms, BUILDER hereby grants youa personal, non exclusive, non transferable, revocable, limited right to access and use the Website forthe limited purposes expressly set forth in these Terms.
BUILDER is pledged to the letter and spirit of U.S. policy for the achievement of equal housingopportunity throughout the nation. We encourage and support an affirmative advertising and marketingprogram in which there are no barriers in obtaining housing because of race, color, religion, sex/gender,disability, familial status, national origin, or any other protected classes under state or local law. Modelsand/or lifestyle photos do not reflect any racial or ethnic preference.
Any and all Content contained in this Website is for informational purposes only and shall notbe construed or deemed to: (i) constitute an offer to sell any of the homes described or referred to onthis Website, or (ii) be an offering or a solicitation in those states where prior registration is required.Offers to purchase our homes may only be made and accepted by execution of a written purchasecontract by the parties thereto.
The use of the Website is for your personal use only and may not be used for any commercialpurposes whatsoever. Moreover, and without limiting the generality of the foregoing, your permissionto use the Website is expressly conditioned on the agreement that you shall not (i) use the Website orany Content (as such term is defined below) in a manner that is inconsistent with applicable law and/orinfringes on the Intellectual Property Rights (as such term is defined below) of the BUILDER and/or anyother third party; (ii) interfere or attempt to interfere with the proper functioning of the Website, (iii)engage in automated use of the Website or take any action that we deem to impose or to potentiallyimpose an unreasonable large load on the Website and/or (iv) use the Website or any Content which isprohibited by these Terms.
You understand that BUILDER may at any time, and from time to time for any reason or noreason whatsoever, as determined in our sole, absolute and unfettered discretion, change, alter and/orotherwise modify any portion of the Content and/or suspend or discontinue all or any part of theoperation of this Website without notice to you, and you acknowledge that there is no consequence orliability to BUILDER for doing so.
All prices contained in the Website are subject to change at any time and without notice andmay not include optional features or premiums for upgraded custom homes. From time to time, pricechanges may have occurred that are not yet reflected on this Website. Please contact BUILDER at (336)729-9200 and/or office@shefaliving.com if you are interested in our most current pricing.
Plans, elevations, specifications, features, colors, designs, dimensions and materials are allsubject to availability and to change or substitution at any time and without notice. Plans are only forillustrative and conceptual purposes, are not to scale and may be the reverse (mirror) image of thoseshown. All measurements including, but not limited to, room dimensions and ceiling and wall heightsare approximate and may vary from those shown as a result of, among other things, constructionmaterials, construction practices, field conditions and flooring thicknesses. Square footage isapproximate and is measured from the outside of exterior walls. Illustrations of elevations and plans areartists’ depictions only. In production, plans and elevations may vary in precise details and dimensions,and may not actually be constructed as shown. The fixture shapes shown are graphical in nature and arenot necessarily indicative of a particular style or model. Landscaping depicted is not to scale and mayvary as to type, maturity, location and number. In addition, some features shown in may not be includedin the purchase price of the homes as quoted. Site plans are for illustrative and conceptual purposesonly and are subject to change without notice. Not all plans, features or amenities may be available inyour area. Please contact Shefa Living at (336) 729-9200 and/or office@shefaliving.com to determinewhich features, specifications and elevations may be included in any home you may be interested inpurchasing.
Photography may be stock photography and is used to depict the spirit of the lifestyles to beachieved rather than any that may exist or that may be proposed. Photographs featured may be similarto the models featured, but certain specifications may differ. Please contact BUILDER for details.Illustrations of elevations and plans are artist’s depictions only.
To the extent available, virtual tours and/or other similar augmented reality technology used inand/or in connection with this Website are for general demonstration purposes only and may notdepictive of the actual custom homes to be constructed.
All right, title, and interest to the Content (as such term is defined below) displayed in theWebsite, which Content includes, but is not limited to, the look and feel of this Website; the data,information, text, graphics, images, sound or video materials displayed as part of this Website, includingwithout limitation, all plans, floor plans, elevations, renderings, and/or illustrations of any and allcustom homes; and the designs, trademarks, service marks, trade names and URL of this Website, arethe sole property of BUILDER and/or its licensors and/or other parties with whom BUILDER maintains arelationship.
You acknowledge that all content available through the Website (the “Content”), includingwithout limitation, all text, images, graphics, user interfaces, visual interfaces, photographs, trademarks,logos, sounds, music, artwork and computer code, and any Content provided by registered membersand/or other permitted third parties is and/or may be protected by trade dress, copyright, trademark,patent, and/or various other intellectual and other proprietary rights and laws (the “IntellectualProperty Rights”). Except as otherwise expressly authorized by BUILDER in writing, which authorizationmay be withheld, delayed and/or conditioned in the sole, absolute and unfettered discretion ofBUILDER, you expressly understand, acknowledge and agree that the Content may not be copied,reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored forsubsequent use, or otherwise used, in whole or in part, in any manner whatsoever (and regardless if anysuch activity and/or enterprise is pursued for gain, profit or other pecuniary advantage), except to theextent that such use is expressly authorized under United States copyright and other relevant laws.
Without limiting the generality of the foregoing, nothing contained in these Terms shall beconstrued as conferring any license or right (by implication, by estoppel or otherwise) to any of theIntellectual Property Rights of BUILDER or to any third party’s Intellectual Property Rights, except asexpressly authorized by these Terms. Any and all rights and/or privileges not expressly provided to youunder these Terms are expressly reserved, without limitation and/or qualification, to BUILDER.
Not with standing anything in these Terms to the contrary, to the extent that you, for any reasonwhatsoever, contact BUILDER through any and all existing and/or future channels of communication toprovide any suggestions, recommendations or other feedback (each, a “Contribution”) to BUILDER forany matter whatsoever, you expressly understand and agrees that (i) BUILDER is not under anyobligation of confidentiality with respect to said Contributions; (ii) BUILDER may use or disclose (orchoose not to use or disclose) said Contributions for any purpose and in any way; (iii) BUILDER shall bedeemed to be the owner of said Contributions; and (iv) you are not entitled to any compensation orreimbursement of any kind from BUILDER under any circumstances for said Contributions. If BUILDER isnot deemed to be the sole and exclusive owner of said Contributions, then to the maximum extentpermitted by Law, you hereby grant to BUILDER an irrevocable, royalty-free, worldwide, transferable,sub-licensable and perpetual license to use or incorporate said Contributions into any products and/orservices that BUILDER offers and/or may offer and/or any other Intellectual Property of BUILDER.
This Website may provide links to other sites and/or resources, including advertisers, overwhich BUILDER has no control. These links are provided solely as a convenience to you and should notbe construed as an endorsement by BUILDER of content, items, or services on such websites. Youraccess to and use such other websites, including the use of content, items or services on those websites,is solely at your own risk. BUILDER makes no representations or warranties with respect to the content,ownership or legality of any linked websites and you acknowledge and agree that BUILDER has noresponsibility or liability whatsoever for the availability of such other sites or resources, or for anycontent, advertising, products or other materials available through such other websites or resourcesand/or the acts and/or omissions of any other person and/or entity derived from and/or related to suchother websites. You understand that once you leave this Website via a link to another website, you willbe subject to the terms of use and privacy policy of such other website.
Any computer system, service or electronic device, whether it is yours, an internet serviceprovider’s, a mobile network operator’s or ours, can experience unanticipated outages, slowdownsand/or capacity limitations. As a result of high internet traffic volume, transmission problems, systemscapacity limitations and other problems, you may, at times, experience difficulty accessing the Websiteor communicating with us through the internet or other electronic and wireless services. The Websitemay be unavailable during system maintenance, for security precautions or when interrupted bycircumstances beyond our control.
NOT WITH STANDING ANYTHING IN THESE TERMS TO THE CONTRARY:
Builder does not and cannot provide any investment, insurance, tax, legal, accounting and/or any other financial advice; as such nothing contained and/or provided in or through the website shall constitute a solicitation or recommendation
To bid on and/or acquire any real property and/or is intended to provide the sole or Principal basis of any decision to invest in real property and/or any interest therein.
The site, and the content provided therein, is provided on an “as is” and “as Available” basis. Except as otherwise specifically set forth in these terms, to the fullest Extent permitterd by applicable law, builder expressly disclaims all warranties of any Kind whatsoever with respect to the website and/or any content contained therein, Whether express or implied, including, without limitation, any warranties of Merchantability, fitness for a particular purpose and non infringement.
Builder does not make any represention or warranty that access to the website will be uninterrupted, timely, secure or error free, or that defects, if any, will be Corrected. Builder makes no warranties as to the use of the website or as to the accuracy, quality or reliability of any content or other information obtained throughThe website.
Builder disclaims any and all liability for the acts, omissions and conduct of any Third parties in connection with or related to your use of the website and/or any Services related thereto and/or arising there from.
You understand and acknowledge that any content, material and/or data Downloaded or otherwise obtained through the website is used at your own risk and That you are solely responsible for any damage that may resultt therefrom, including But not limited to, damages to your computer system and/or network or for any loss of data that may result from the download of such content, material and/or data.
No advice or information, whether oral or written, obtained by you fromThrough the site shall create any implied warranty.
The above disclaimers applies to any damages, liability or injuries caused by any failure ofperformance, error, omission, interruption, deletion, defect, delay in operation or transmission,computer virus, communication line failure, theft or destruction of or unauthorized access to, alterationof, or use, whether for breach of contract, tort, negligence or any other cause of action.
You expressly understand and agree that under no circumstances will builder be liable for indirect, special, incidental or consequential damages, including without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or any other indirect, special, incidental or consequential damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise arising
From, related to and/or otherwise resulting from the use of, or the inability to use, the Website and/or the use of, or the inability to use, any content on the website. Moreover, You understand that your sole remedy against builder for dissatisfaction with the site Or any content is to stop using the website or any such content. This limitation of relief Is a part of our agreement to allow you to make use of this website and without which The website and its content would be unavailable to you.
As consideration for allowing you to access and use the Website, you expressly agree, upondemand thereof, to indemnify, defend and hold BUILDER and its respective directors, officer,employees, agents, suppliers, subsidiaries, parents, and affiliates, harmless from and against any and allliability, losses, claims, demands, disputes, damages and costs of any kind, including without limitation,reasonable attorneys’ fees and costs of litigation arising from, related to and resulting from or in anyway connected with (i) your use of the Website; (ii) your breach of these Terms and/or (iii) your violationof the rights of any third party.
Any claim or cause of action alleged by you as arising out of your use of this Website orpursuant to these Terms must be filed by you no later than six (6) months after you obtained actual,implied and/or constructive notice of the alleged claim or cause of action arose or it shall forever bebarred, notwithstanding any statute of limitations or other law to the contrary.
The information communicated on this Website constitutes an electronic communication.When you communicate with BUILDER through the Website or via other forms of electronic media, suchas e-mail, you are communicating with BUILDER electronically. You acknowledge that BUILDER maycommunicate with you electronically and that any such communication, as well as, any notices,disclosures, agreements or other communications that BUILDER provides to you electronically, areequivalent to communications between you and BUILDER in writing and shall have the same force andeffect as if they were in writing and signed by the party sending the communication.
These Terms and the resolution of any dispute related to them and/or the Website shall begoverned by and construed in accordance with the laws of the State of North Carolina, without givingeffect to any principles of conflicts of law. Any legal action or proceeding between BUILDER and yourelated to these Term must be brought exclusively in a federal or state court of competent jurisdiction sitting in Alleghany County, North Carolina and you agree to submit to the personal and exclusivejurisdiction of such courts.
These Terms constitutes the entire agreement between you and BUILDER with regard to youruse of the Website, and any and all other written or oral agreements or understandings previouslyexisting between you and the Website with respect to such use are hereby superseded and cancelled.
The failure of BUILDER to insist on or enforce strict performance of these Terms shall not beconstrued as a waiver by BUILDER of any provision or any right it has to enforce any provision of theseTerms nor shall any course of conduct between BUILDER and you or any other party be deemed tomodify any provision of these Terms.
Nothing in these Terms shall be interpreted or shall be construed to confer any rights orremedies on any third parties, other than you and BUILDER.
BUILDER asks the users of this Website to respect the intellectual property of others. Pursuantto the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, BUILDER has designated an agent to receivenotices of claimed copyright infringement. If you believe in good faith that a work of yours has beencopied in a way that constitutes copyright infringement, please provide the Copyright Agent of BUILDERwith the following information:
1. An electronic or physical signature of the person authorized to act on behalf of theowner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on theWebsite;
4. Your address, telephone number, and e mail address;
5. A statement by you that you have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in yournotice is accurate and that you are the copyright owner or authorized to act on the copyright owner’sbehalf.
The Copyright Agent for BUILDER of claims of copyright infringement on its Website can bereached by telephone at (336) 729-9200 or email at office@shefaliving.com.
Upon receipt of the written notification containing the information as outlined in 1 through 6above, BUILDER will review the written notification with it legal counsel and will take such action as it, inthe exercise of its sole discretion, deems appropriate which may include, but may not be limited to: (i)removing or disabling access to the material that is alleged to be infringing; (ii) forwarding thenotification to such alleged infringer (“Subscriber”); or (iii) notify the Subscriber that it has removed ordisabled access to the material.