Acceptance of Terms

Cummings Construction Services, Inc., d/b/a Cummings Custom Homes, LLC, a wholly-owned and operated subsidiary, has provided this website to inform and provide a service to its Users. Access to the Cummings Custom Homes website is a privilege, which may be revoked at any time by Cummings Custom Homes. By accessing and remaining on this website, printing or downloading materials from this site, or using this site in any manner, you as the “User” agree to the Terms of Service and Conditions for Use set forth herein and on the links identified below (collectively the “Terms of Use”). The information in this website is provided as a courtesy to existing and prospective Cummings Custom Homes Clients. This website may only be used for legal purposes. Except as expressly set forth otherwise, we provide our website and services on an “as-is” basis and without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement and Cummings Custom Homes makes no warranty or representation regarding the accuracy or reliability of any information obtained through the use of this website or whether such use will be uninterrupted, timely, secure or error free. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary, from state to state. In addition, the User agrees to indemnify and hold Cummings Custom Homes harmless for any indirect, consequential or speculative damages, which may occur by use of the website, or for any lost profits or opportunities.

Any person, to include non-commercial and commercial entities, who prints, downloads, copies or otherwise communicates information from this website is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated; and further agrees to hold Cummings Custom Homes harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use.

Entire Agreement

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Cummings Custom Homes. Cummings Custom Homes is committed to Equal Housing Opportunity.

Disclaimers and Limitations of Damages

Except for the Terms of Use stated herein, use of this website does not create any contract, agreement, legal rights or obligations between User and Cummings Custom Homes. User acknowledges and agrees that Cummings Custom Homes does not warrant the accuracy or completeness of text, graphics, links or other information contained within this site. User agrees that User shall not act in reliance upon the information contained herein and waives any claim, demand, and cause of action or damages incurred as a result of reliance on such information. Prices, plans, promotions and other information are subject to change without notice; materials could also contain typographical errors or misstatements. Illustrations are designer’s or artist’s depictions only and may differ from completed improvements. Cummings Custom Homes is not responsible for any damage or loss you may incur related to the accuracy, timeliness or completeness of the information contained within this website. Furthermore, Cummings Custom Homes shall have no responsibility for the timeliness, deletion, incorrect delivery or failure to store any User communications.

You understand and expressly agree that your use of the services and information available from this website are at your sole risk, that any material and/or data downloaded or otherwise obtained is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

Cummings Custom Homes is not liable for any damages, which may occur by or as a result of your use of this website, intentionally, accidentally or by the use of the software, whereby the identity of a User may become known by others. In addition, disclosure on this website of any personal information, including membership or credit card information should be done with the utmost discretion on the part of the User. The user agrees to indemnify and hold Cummings Custom Homes harmless in the event this information is made known to other Users.

You agree to indemnify, defend and hold harmless Cummings Custom Homes, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of this website, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

Limitations on Use

During the duration of this session only, User may access, download and print information from this website only for User’s personal and non-commercial use. Because of the possibility of errors and the frequent updates and changes to the information contained on this website, it may not be used as evidence in any legal proceeding, investigation, or arbitration without Cummings Custom Homes’ express written consent. User may not copy any of the elements on this site for posting on any other website, and may not link to this website without express written permission from Cummings Custom Homes. User agrees not to interrupt, or attempt in any manner to interrupt, the operation of this website in any way. A User’s right to use the Cummings Custom Homes website is not transferable to others.

Please be advised Cummings Custom Homes is not obligated to monitor the content, validity or the accuracy of information exchanged on its website and it is not our policy to do so. However, by utilizing this website, you acknowledge the right of Cummings Custom Homes to randomly and without prior notice monitor the content of information created, posted, disseminated, or otherwise exchanged. Cummings Custom Homes reserves the right to prohibit conduct, communication, or content which it deems in its discretion may be harmful to individual Users of its website or to its employees or which in our sole discretion may violate federal or state law.

Termination of Use and Notification to Authorities

Cummings Custom Homes has the right to stop conduct on its website and related pages and links that it deems offensive, vulgar, inappropriate, inconsiderate, and insensitive or that it determines to restrict or inhibit other users from using this website. Cummings Custom Homes has the right to take action, up to and including immediate termination without notice, against any User who misuses the website or who fails to abide by the Terms of Use. If Cummings Custom Homes becomes aware of unlawful activity on its website, we reserve the right to notify appropriate authorities about such activity.

Linking Policy

This site may contain links to other Internet sites. Such links are not endorsements of any products or services in such websites, and no information in such website has been endorsed or approved by Cummings Custom Homes. Similarly, we are not responsible for the content of any website that may link to us. While we try to monitor all links to our website, such is an arduous task and we cannot always be certain that we can locate all such links.

Linking to our website via framing or deep-linking is expressly prohibited. Any other linking to our website will be permitted only with our prior written permission. Permission will be given to any website or service that we believe will enhance the usefulness of our site. Information and / or permission to link to our website can be authorized by our CEO.

Our Terms of Use will also legally bind any and all Users who come to this website through the links of others. We are not responsible for any information or claims made by websites linking to our Cummings Custom Homes website.

Privacy

Cummings Custom Homes respects the privacy of every single individual. If you give us personal information, we will treat it according to this Policy, without deviation. Your e-mail address is obtained for internal purposes only (as they relate to the marketing and sale of our homes) and will not knowingly be sold or shared with any unaffiliated third party. Cummings Custom Homes collects personal information from you (e.g. your name, postal address, e-mail address, and other data) during your registration at our site or your providing personal data through various places on our websites, from our various internet technologies that allow us to capture information on our website Users and during entry of any such information in the various areas of our website. From time to time, we may have other interaction with you that will yield additional information that will be recorded in our Client database.

In addition, we use your IP address to help diagnose and resolve problems with our server and to administer our website. If you send us e-mails, from time to time we may use information about your preferences and interests to send updates to you about services or properties of Cummings Custom Homes or its affiliates that may be of interest to you. In addition, we may provide some of this information to our fulfillment partners for purposes of providing you with information you request, with our independent broker and their subsequent sales agent to follow up with you in connection with materials you request and as a part of our mailings and solicitations to prospective Clients. The information you provide will also be utilized for market research and target purposes. This may involve reproduction, publication, broadcast and posting of such materials and information to our affiliates and / or independent sales representatives.

Cummings Custom Homes may also disclose or exchange with others information you have provided to us if we believe that the law requires us to do so or if it is necessary to protect the rights or property of Cummings Custom Homes, our affiliates or our Users. Cummings Custom Homes will use reasonable precautions to keep the information disclosed to us secure and to disclose such information only to third party partners we believe to be responsible. However, we are not responsible for any breach of security or for any actions of any third parties that may receive the information. Access to your personal information is limited to employees who need it to do their job. We limit third party partner access and use of your personal information.

Our site may include links to other websites. Those sites may have different privacy policies. If you click on to another website, you may want to check the privacy policy of that website. Cummings Custom Homes is not responsible for the privacy policies of other websites.

We use “cookies” to help us provide a better User-experience by measuring which website areas are of greatest interest. Cummings Custom Homes may also uses cookies when you register to receive further information. In this situation, a cookie will store useful information that enables our website to remember you when you return. We can only read cookies from Cummings Custom Homes or our websites. If you choose to disable cookies on your browser, you may still access most of our website content.

Our website is directed to adults and is not directed to children under the age of 18. Cummings Custom Homes complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This Policy will be posted wherever we collect data within the Cummings Custom Homes website, such as during the registration process, and will be linked through our Terms of Use on all pages.

We need your help in making sure your personal information is correct in our systems. Please notify us as soon as reasonably possible of changes to your name, address, title, phone number or email address. You may correct your personal information or select the option not to receive future contacts (i.e. mailings, calls, etc.) from Cummings Custom Homes by emailing [email protected] In the event you elect not to receive any future contacts from Cummings Custom Homes, we will endeavor to remove your name from all of our contact lists. We will exhibit our best efforts to protect your privacy; however, we shall have no liability under this Policy for our failure to accomplish this objective. If you have questions, comments or concerns you should direct such to the Cummings Custom Homes website administrator via email at [email protected]

Policy Updates

Updates to our policy will be posted here. Our last update was March 13, 2016.

Employment Disclaimers

Cummings Custom Homes is an Equal Opportunity Employer. Nothing contained herein shall be construed as an offer of employment. No material contained herein shall constitute a representation, contract, policy or manual for existing employees, such being the subject of the employment documents, if any, entered into and signed at the time of employment by an officer of Cummings Custom Homes. All other employees are hired “at-will” and may be terminated at any time, with or without cause.

Dispute Resolution

Any and all disputes arising hereunder shall be submitted to binding arbitration and not to a court for determination. Such arbitration shall be accomplished expeditiously in Port Saint Lucie, Florida and shall be conducted by the American Arbitration Association in accordance with its Construction Industry Arbitration rules. Judgment upon the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrators to pay the arbitrators’ fees and costs, until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Users of this website, by virtue of their use and enjoyment of this website agree to the jurisdiction of The State of Florida, Saint Lucie County for any disputes arising hereunder.

Copyright

The materials on this website (and all related pages to this website, etc.), including without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are original copyrighted materials owned by Cummings Custom Homes and / or its affiliated partners. These materials are protected by federal law against unauthorized copying and reproduction. Use beyond the limited license granted to viewers will be prosecuted to the fullest extent of the law. Cummings Custom Homes will seek recovery of actual or statutory damages, recovery of attorneys’ fees and other remedies if Cummings Custom Homes takes action against any infringing party. The layout and presentation of this website are protectable trade-dress under applicable federal law. Copying the trade-dress of Cummings Custom Homes is strictly prohibited. Any use, reproduction or distribution of material from this website (except as permitted herein) without written permission of Cummings Custom Homes is expressly and vehemently prohibited. Permission to use materials must be obtained from the CEO directly.

No one may use the name Cummings Custom Homes, or any of our other trademarks in any manner, including in meta-tags or other devices utilized in any manner designed to divert traffic to a website other than our website without our prior written consent. Any such use shall constitute a tortuous interference with our business and will be prosecuted to the fullest extent permitted by law.

These are all trademarks and service-marks of Cummings Custom Homes. Use of these marks for business purposes is strictly prohibited.

     1. Cummings Custom HomesTM
     2. …exect more from a homebuilder!TM
     3. Smart. Quality. Green.TM
     4. Smart CapabilitiesTM
     5. Green InnovationsTM
     6. Quality FeaturesTM
     7. Cummings HomesTM
     8. Cummings Ultra Series HomesTM
     9. Quality. Smart. Green. Ultra SeriesTM
     10. Cummings Ready Now HomesTM
     11. Cummings Design CenterTM
     12. Smart. Quality. Green. The only way to build.TM

Land Sales and Securities Disclaimers

Nothing on this website, or any website to which it is linked, is intended to be an offering of the sale of land to residents of Connecticut, Hawaii, Idaho, Illinois, Michigan, New York, New Jersey, Ohio and Oregon, or any other jurisdiction where prohibited or restricted by law. Offers to sell or buy property may only be made and accepted at the sales center for the individual Cummings Custom Homes community. All contracts must be approved and signed by the CEO or COO of Cummings Custom Homes or no contract may be formed. The materials provided at this website are strictly for informational purposes as a service to Users and shall not be construed as an offer in any jurisdictions where prior registration or other advance qualification of real property is required. Inquiry must be made with the specific community to see if the property is qualified for sale in your jurisdiction. Responses will be limited if prior registration is required. We are pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, sexual orientation, religion, sex, handicap, familial status or national origin.

The materials and information contained on this website do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities in any companies affiliated with Cummings Custom Homes. Furthermore, this website may contain information and press releases about and by Cummings Custom Homes; however, although this information was believed to be accurate as of the date prepared, Cummings Custom Homes disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a ‘forward looking statement’ as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the ‘safe harbor’ for forward looking information and is subject to material risk factors which may or may not be disclosed herein. This website is not intended to make any investment representations about Cummings Custom Homes and should not be viewed or perceived as such.

Thank you for visiting us! We appreciate your time!