This website is provided by William Lindy, Inc. (“William Lindy”).  This website is provided for and may be used for informational purposes only.  By using this website or downloading materials from it, you (you and all other visitors to this website are collectively referred to herein as “Users”) agree to abide by these Terms and Conditions of Use (hereinafter referred to as these “Terms”) set forth below and the William Lindy Privacy Policy described below.  If you do not agree to abide by these Terms, please do not use this website or download materials from this website.

I.              Terms of Use

A.            Information on the Website Subject to Change 

We endeavor to keep the information on this website current, complete, and accurate.  However, if you are interested in licensing design plans that are identified on this website, then we encourage you to contact us to receive more information, although the laws of your state may dictate our ability to provide you with additional information.  The information presented on this website is provided for general reference only and is not a representation of the content of the license agreement, other offering documents, or governing documents for the design plans described on this website.

The information set forth in this website as well as these Terms are subject to change from time to time and at any time.  William Lindy may revise the content of this website or these Terms at any time.  William Lindy may terminate this website or these Terms at any time in its sole discretion.  You should visit this page to review the current Terms of Use because they are binding on you.  Your use of this website following any change in these Terms constitutes your agreement to be bound by these Terms as revised.  If any revisions of these Terms are not acceptable to you, your only recourse is to terminate your use of this website.

B.             Linked Sites

For convenience, William Lindy may provide links to websites operated by third parties.  William Lindy and its affiliated entities shall not be responsible for the content of any sites linked from this website, and will have no liability arising out of or related to such websites or their content.  These links shall not be construed to imply that William Lindy supports, verifies, proclaims or endorses any of the linked sites or the representations or content presented at such linked sites. 

C.             All Rights Reserved

All materials on this website are the intellectual property (i.e., copyright, trademark, trade dress, service mark or other intellectual property right) of William Lindy or its affiliates or by third parties that have granted their permission to display these materials on this website.  The materials and presentation of this website are the exclusive property of William Lindy and are protected by U.S. and international copyright laws.  The posting of materials on this website does not constitute a wavier of any of William Lindy’ proprietary rights in or related to such materials (such as, but  not limited to, patents, copyrights and trademarks) or a transfer of any such rights to you or any third party.  William Lindy reserves all intellectual property rights in all of the content appearing on this website.  Users shall not obtain any right, title or interest in or to any of the materials on this website as a result of accessing, printing or downloading such materials.  The copying, modifying, distributing, transmitting, displaying, publishing, reproducing, linking to (including, without limitation, “deep linking” or “framing” of any page on this website) or creating of derivative works from the information contained on this website is strictly prohibited unless expressly authorized in writing by William Lindy.

D.            Privacy Policy

You confirm that you have read, understood and agree to the William Lindy Privacy Policy (go here for Privacy Policy), the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by William Lindy, its third-party providers, and/or distributors in accordance with the terms of, and for the purposes set forth in, the William Lindy Privacy Policy. William Lindy makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. William Lindy will not be responsible for any actual or consequential damages that result from a lapse in compliance with the William Lindy Privacy Policy because of a security breach or technical malfunction.

E.             Applicable Law and Venue

The laws of Georgia shall govern these Terms.  All Users hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Georgia for any claims arising from or relating to the use of this website.  All Users further hereby waive any objection to the venue of such claims in the courts of Georgia.

F.             Indemnification

User agrees to defend, indemnify and hold William Lindy harmless from and against any and all liability, claims, damages, costs and expenses, including attorneys’ fees, arising from or related to use of the website.

G.            General Provisions

These Terms represent the complete statement of the Terms and Conditions of Use, and they supersede any and all prior statements of the Terms and Conditions of Use.  If any provision in these Terms is held to be invalid or unenforceable for any reason, the enforceability of the remainder of these Terms shall not be affected, and these Terms shall remain in full force and effect.  The failure by William Lindy to insist upon compliance by User with these Terms shall not limit William Lindy’ rights with respect to subsequent breaches of compliance of these Terms by User.

H.            Non-Confidentiality of Communications

If you send a message or information to this website, such as (but not limited to) an e-mail to the Webmaster, you hereby grant to William Lindy the right to read, use, distribute, disclose and otherwise handle the communication and any related information as William Lindy deems appropriate in its sole judgment.  YOU  ARE HEREBY ADVISED THAT, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE ON THIS WEBSITE NO FACILITIES ARE PROVIDED AND NO PROVISIONS ARE MADE FOR SENDING OR RECEIVING CONFIDENTIAL COMMUNICATIONS.  TO THE EXTENT SUCH FACILITIES ARE PROVIDED OR PROVISIONS ARE MADE, IT IS SOLELY ON AN “AS IS” BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED.

I.               Disclaimer of Warranty

THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED TO THE USER ON AN “AS IS” BASIS AND WILLIAM LINDY AND ITS AFFILIATES, OWNERS, MEMBERS, EMPLOYEES, AGENTS, DIRECTORS, REPRESENTATIVES, SHAREHOLDERS, CONTRACTORS, SUBCONTRACTORS, SUCCESSORS AND ASSIGNS DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR ACCURACY, NONINFRINGEMENT, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  USE OF THIS WEBSITE, THE INFORMATION AND SUCH SOFTWARE IS AT THE USER’S SOLE RISK  IN ANY JURISDICTION WHERE SUCH WARRANTIES CANNOT BE DISCLAIMED, IN WHOLE OR IN PART, BY APPLICABLE LAW, THE DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.  AS A RESULT, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU BASED UPON APPLICABLE LAW.

J.              Limitation of Liability

IN NO EVENT SHALL WILLIAM LINDY OR ANY OF ITS AFFILIATES, OWNERS, EMPLOYEES, AGENTS, DIRECTORS, REPRESENTATIVES, SHAREHOLDERS, CONTRACTORS, SUBCONTRACTORS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE RELATED THERETO), ITS CONTENT AND MATERIALS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES.

NEITHER WILLIAM LINDY, NOR ITS AFFILIATES, OWNERS, MEMBERS, EMPLOYEES, AGENTS, DIRECTORS, REPRESENTATIVES, SHAREHOLDERS, CONTRACTORS, SUBCONTRACTORS, SUCCESSORS AND ASSIGNS SHALL BE LIABLE FOR SUCH DAMAGES EVEN IF WILLIAM LINDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY JURISDICTION WHERE LIABILITY CANNOT BE LIMITED, IN WHOLE OR IN PART, BY APPLICABLE LAW, THE DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.  AS A RESULT, THE ABOVE LIMITATION MAY NOT APPLY TO YOU BASED UPON APPLICABLE LAW.

II.            Disclaimers Related to Real Estate Sales

A.   Equal Housing Opportunity 

William Lindy is committed to equal housing opportunity and to advertising and marketing product that does not obstruct the obtaining of housing due to race, color, religion, sex, handicap, familial status or national origin. 

B.    Offering Disclaimers

The material on this website shall not constitute an offer in any jurisdiction where prior registration is required.  Artist’s renderings, prices, photos, concept plans, floor plans, planned amenities, and unit and villa features are based upon current design plans that are subject to change without notice.  Users should not rely upon the information contained on this website for making decisions to license design plans or to purchase, option, lease or otherwise acquire real estate in connection therewith.  Descriptions of design plans and other information on this website may not be complete, and completion is neither warranted nor guaranteed. 

C.    Use of Information

This website is designed as a service to our customers and may be used for information purposes only. The information on this website shall not be deemed an offer or a solicitation of the purchase or sale of any securities.  No statement contained herein should be construed as financial, tax, accounting, investment, business or legal advice.  Prospective purchasers are urged to seek expert advice.

III.         Contact Information

If you have a question, problem or complaint regarding these Terms and Conditions of Use, you may contact William Lindy at:

E-mail:  rbesselink@williamlindy.com

Mailing address: Richard Besselink

                                                            William Lindy, Inc.

                                                            P.O. Box 1483

                                                            Woodstock, GA  30188

            You may view our privacy policy here.