Thank you for your interest in the Toll Brothers Home Care Site.
Read this user agreement carefully. By signing up for an account or using this site, you agree to these terms.
By accessing or using this Toll Bros, Inc. (“Toll Bros.”) web site (the “Site”), you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and Toll Bros., and governs your access and use of the Site, which includes any text, graphics, user interfaces, visual interfaces, information, data, tools, products, services and other content (together, “Content”) and the design, structure, selection, coordination, expression and arrangement of the Content on or through the Site.
BY CONSENTING TO THIS AGREEMENT YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS CONTAINED HEREIN, WILL ABIDE BY THIS USER AGREEMENT AND ARE LEGALLY BOUND BY THIS USER AGREEMENT. YOU FURTHER ACKNOWLEDGE THAT TOLL BROS. MAY AMEND THIS USER AGREEMENT FROM TIME TO TIME WITHOUT NOTICE TO YOU AND THAT YOU WILL BE LEGALLY BOUND BY THE VERSION OF THIS USER AGREEMENT THAT IS IN EFFECT AT THE TIME THAT YOU USE THE SITE.
1. Right to use the Site. Toll Bros. grants you a limited right to use the Site in connection with the home purchased from Toll Bros. or its affiliates (the “Home”) and the Toll Brothers Limited Warranty (the “Warranty”) issued for such home, if applicable. Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety. At any time and for any reason, Toll Bros. may revoke your right to use all or any portion of the Site. You agree to not violate or attempt to violate the security of the Site.
2. Intellectual Property Rights. The Site is owned by Toll Bros., its affiliates, and/or third parties. The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks, and/or other intellectual property and proprietary rights that are owned by Toll Bros., its affiliates, and/or third parties. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
3. Representations and Warranties. You represent and warrant that (a) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement; (b) you have not entered into, and you will not enter into, any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; (c) you will not delete any Content; and (d) you will comply with all applicable laws, rules, regulations in connection with your use of the Site and the Content.
4. Content. Toll Bros. makes reasonable efforts to provide accurate Content, but at times Toll Bros. may not promptly update or correct the Site even if Toll Bros. is aware that it is inaccurate, outdated or otherwise inappropriate. Toll Bros. may change all or any portion of the Site at any time without notice to you.
5. Your Account. Your account is for your personal, non-commercial use only. You must keep all Content and your password confidential. You may not disclose any Content to any third party. You are solely responsible for the confidentiality and security of your password. You accept full responsibility for any use of your password. You must notify Toll Bros. immediately of any actual or suspected loss, theft or unauthorized use of your password or any unauthorized use of your account. Toll Bros. is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Toll Bros. will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
6. Your Submissions. You represent, warrant, and covenant that all information and other materials you input, submit, upload, post, or otherwise transmit via the Site is correct and complete and that you will update such information and other materials as necessary to ensure that it is correct and complete. You are solely responsible for all information and other materials that you input, submit, upload, post, or otherwise transmit via the Site. You acknowledge that Toll Bros. does not actively monitor or “pre-screen” any such information or other materials, but that Toll Bros. has the right to remove any information or other materials at any time for any reason.
You agree not to use the Site to:
- input, submit, upload, post, or otherwise transmit information or other material that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information or other materials you input, submit, upload, post, or otherwise transmit via the Site;
- input, submit, upload, post, or otherwise transmit information or materials via the Site that you do not have a right to make available or that infringes or otherwise violates any intellectual property, privacy, or other rights of any party;
- input, submit, upload, post, or otherwise transmit information or materials via the Site that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- interfere with or disrupt the Site or servers or networks connected to the Site.
7. Functionality of the Site. Toll Bros. is not liable for any technological problems regarding the Site. All or any portion of the Site may not be available and may not function properly at any time. Toll Bros. makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. Toll Bros. makes reasonable efforts to ensure that the Site is secure but Toll Bros. does not guarantee the security of the Site. Toll Bros. is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. Toll Bros. is not liable for any defects, delays or errors in or resulting from your use of the Site. Toll Bros. may monitor and record activity on the Site for any reason or for no reason.
8. Links to Other Web Sites. The Site may provide links to other web sites. Toll Bros. is not responsible for information on any third-party web site that is referred in, or accessible or connected by hyperlink to, the Site. If you access any third party web site through the Site or otherwise, you do so at your own risk. Links to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with Toll Bros. Toll Bros. has no control over such sites. You acknowledge and agree that Toll Bros. and its representatives are not responsible for the availability of such sites and is not responsible or liable for any content or other materials on or available from such sites.
10. DISCLAIMERS. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, TOLL BROS. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, TOLL BROS. DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
11. LIMITATION OF LIABILITY. IN NO EVENT WILL TOLL BROS. OR ANY OF ITS AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS USER AGREEMENT, THE SITE, OR THE INABILITY TO USE THE SITE, EVEN IF TOLL BROS. HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF TOLL BROS., ITS AGENTS AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS $100. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
12. Indemnification. You are responsible for any liability to Toll Bros. that arises out of your breach of this User Agreement or your use of the Site. You agree to indemnify, defend and hold harmless Toll Bros. and its affiliates, agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to your use of the Site, your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement, your violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.
13. Governing Law. The law of the state where the Home is located shall govern this User Agreement.
14. Arbitration. You acknowledge and agree that any dispute between you and Toll Bros. regarding any and all claims, controversies, or disputes that you have against each other arising out of or related to your the use of this Site, the Home, your purchase of the Home, the Warranty, any repair or replacement performed or payment made pursuant to the Warranty, and any other agreements, communications, or dealings between you and Toll Bros. is subject to Mandatory Mediation and Mandatory, Binding Arbitration as more particularly described in such Warranty. If the preceding sentence is unenforceable, you and Toll Bros. agree to submit your claims to binding arbitration pursuant to the following provisions. Accordingly, you (on your own behalf and on behalf of all of your heirs, executors, administrators, successors, and assigns, and all residents of the Home, including minor children) and Toll Bros. (on its own behalf and on behalf of its parent company or their respective partners, subsidiaries and affiliates) agree that any and all claims, controversies, or disputes that you have against each other arising out of or related to your the use of this Site, the Home, your purchase of the Home, the Warranty, any repair or replacement performed or payment made pursuant to the Warranty, and any other agreements, communications, or dealings between you and Toll Bros. including, but not limited to, disputes concerning breach of contract, express or implied warranties, personal injuries and/or illness, representations or omissions by Toll Bros., on-site and off-site conditions, the purchase and sale of your Home, whether a claim is covered under the Warranty, whether a claim or issue should be submitted to arbitration, and all other tort and statutory causes of action shall be resolved by binding arbitration. Toll Bros. may, at its sole election, include its contractors, subcontractors, vendors, suppliers, product manufacturers, insurance carriers and design professionals as parties to the arbitration for purposes of pursuing claims for contribution, indemnity, or any other contractual or common law form of relief. The provisions of this Section 14 shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. If a party must resort to litigation to enforce this agreement to arbitrate disputes, then the court will award such party its court costs and reasonable attorneys’ fees incurred to enforce this agreement to arbitrate.
For the purposes of this Section 14, “Toll Bros.” includes the entity that sold the Home to the original purchaser of the Home, Toll Brothers, Inc., Toll Bros., Inc., and their respective officers, directors, agents, employees, representatives, and parent, subsidiary, affiliate and successor entities.
Binding arbitration means that, instead of suing in court, the parties agree to resolve disputes only by arbitration. You and Toll Brothers are waiving the right to a proceeding in a court of law and the right to a trial by jury. The arbitrator’s decision is final and binding, and review of the arbitrator’s decision is limited.
Claims shall be submitted to the American Arbitration Association (“AAA”) (www.ADR.org) pursuant to its Expedited Procedures of the Commercial Arbitration Rules in effect on the date that the arbitration demand is filed. Arbitration shall be commenced by either party by filing a demand for arbitration with AAA and serving a copy of the demand on the other party. If there are no Commercial Arbitration Rules in effect on the date that the arbitration demand is filed, then the applicable and appropriate arbitration rules in effect at AAA on the date that the arbitration demand is filed shall govern. No AAA rule shall apply if it is inconsistent with the provisions of the Warranty. If AAA is unable or unwilling to administer the arbitration, the parties will agree to an alternative arbitrator or arbitration service or, if the parties cannot agree, have a court appoint an alternative arbitrator or arbitration service, whose experience is similar to that of a AAA arbitrator. For claims relating to Toll Bros.’ performance under the Warranty, the arbitrator shall consider only whether Toll Bros. is responsible for repairing an allegedly warranted item. In the event the arbitrator determines that Toll Bros. is obligated under the Warranty to remedy a deviation from the Standards of Performance, the arbitrator shall give Toll Bros. the option of satisfying an arbitration award either by making the required repair or making payment of a sum certain representing Toll Bros.’ cost of such repair. The arbitrator may award actual, reasonable shelter expenses during the term of the repair only if the arbitrator makes the specific finding that repair activity renders the Home uninhabitable while repairs are being performed.
Location of Arbitration: The arbitration hearing shall take place in the county in which the Home is located.
Filing Fees and Costs of Arbitration: The party who files the arbitration demand must pay the filing fee to initiate the arbitration, subject to a credit in the amount of half of the filing fee that will be charged to the other party as its share of the arbitration costs. You and Toll Bros. agree to share any additional arbitration fees (including but not limited to the fees of the arbitrator) equally. You and Toll Bros. shall bear your own costs and expenses, including attorneys’ fees, for any arbitration.
Power of Arbitrator: The arbitrator shall have the power to hear and dispose of motions, including motions to dismiss and motions for summary judgment, in the same manner as a trial court judge. The arbitrator shall have the power to summarily decide issues of fact or law, including the availability of remedies, even if the issue decided could dispose of an entire cause of action or defense.
No Representative, Collective, or Class Action Proceedings: Any arbitration that is brought may not allow for the consolidation of more than your claims. The arbitrator may not preside over any form of representative, collective or class action proceeding, all of which are hereby expressly waived and precluded.
15. Miscellaneous. Toll Bros. may amend this User Agreement at any time with or without notice to you. You will be bound by revised versions of this User Agreement that Toll Bros. posts on the Site. Modifications will be effective immediately upon posting unless Toll Bros. indicates otherwise. Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site. Toll Bros. may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void. If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this User Agreement shall remain in full force and effect. This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and Toll Bros. concerning the subject matter hereof. You hereby waive the right to bring any claim against Toll Bros. arising out of or in any way relating to the Site or the Content or this User Agreement more than one year after the date such claim arose.
16. ATTENTION. PLEASE NOTE THAT THIS USER AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH IS SET FORTH IN SECTION 14 ABOVE. THE ABOVE DISCLOSURES SHOULD BE CAREFULLY READ, UNDERSTOOD AND ACCEPTED BY YOU BEFORE YOU USE THIS SITE, ACCESS THIS SITE, OR REQUEST AN ACCOUNT TO USE THE SITE. REQUESTING AN ACCOUNT OR REGISTERING FOR AN ACCOUNT IS THE EQUIVALENT OF YOU MANUALLY SIGNING THIS USER AGREEMENT.