Heim Custom Homes Terms of Use
Effective January 31, 2024
Welcome to the Heim Custom Homes Website. Please read these Terms of Use carefully before accessing this Website. These Terms of Use constitute a legally binding agreement between you and Heim Custom Homes, LLC concerning your access and use of this Website. Use of this Website is intended only for persons who are 18 years old and older.
Meaning of words used in these Terms of Use.
Throughout these Terms of Use, the words we, us, and our mean Heim Custom Homes, LLC, including our subsidiaries and affiliates and all of our officers, directors, employees, agents, contractors, consultants, vendors, and insurers. The words you and your mean you as a user of this Website. The word including is intended to imply that the list or words following it are illustrative and not exclusive.
By accessing this Website, you agree to these Terms of Use.
This Website is provided to its users subject to these Terms of Use; our Privacy Policy (which is also available on this Website); and any additional terms, conditions or policies referenced in these Terms of Use or made available by hyperlink on this Website. By accessing this Website, you accept and agree to comply with these Terms of Use. If you do not agree to all of these Terms of Use, you must discontinue use of this Website immediately.
Ownership of the content on this Website.
We own the compilation of materials posted on this Website including material created by us which is protected by applicable intellectual property law and material that is used with the consent of the owner or creator of the material. Trademarks, logos, slogans, domain names, images, and service marks displayed on this Website are either our property or the property of third parties.
Limited license granted to you.
We grant you a limited license to access and make personal use of this Website. You agree not to copy, reproduce, duplicate, copy, sell, resell or exploit any part of this Website or the materials provided on it without our express prior written consent. Any modification of the material on this Website or use of the materials on this Website for other than personal, noncommercial use is prohibited. Any use of any device, software or routine that interferes or attempts to interfere with the proper working of this Website is prohibited. Any unauthorized use by you will immediately terminate the license granted to you to access it.
Accuracy, completeness, and timeliness of information on this Website.
When providing information on this Website, we attempt to be as accurate, complete, and timely as possible. However, we do not warrant that the content is accurate, complete, reliable, current or error-free. This Website may contain inaccurate, incomplete, and out-of-date information. We have the right to correct any errors, inaccuracies or omissions on this Website at any time and from time to time without prior notice to you. Your sole and exclusive remedy as to all such information is to discontinue use of the information and this Website. We will not be liable for any damages relating to your use of, or reliance upon, material on this Website.
Changes to these Terms of Use.
We reserve the right to update, change or replace any part of these Terms of Use by posting updates and changes to this Website in our sole discretion at any time and from time to time. Information regarding our homes is subject to change at all times. Specifically, we reserve the right to change availability, prices, plans, colors, materials, equipment, and specifications at any time and without prior notice. Details and specifications may vary according to local regulations and conditions. Some models may not be available at all times in all markets. Information on this Website may not be construed as an offer of sale.
It is your responsibility to check this page periodically for changes. Any new features, tools or materials that we add to this Website will also be subject to these Terms of Use. By continuing to access this Website following the posting of any changes, you agree to be subject to those changes. You can review the most current version of these Terms of Use at any time on this page.
Disclaimer of warranties and limitation of liability. 1
We do not warrant that this Website will provide continuous, prompt, secure or error-free service. We assume no responsibility for any errors or omissions on this Website (including the inaccuracy of content) or for any damages or losses that you may incur as a result of its unavailability. We assume no responsibility and will not be liable for any damage to a user’s computer equipment or viruses or other harmful components that may infect such equipment or other property resulting from use of this Website. At its discretion, we may discontinue or take down this Website or any section of it at any time.
This Website is provided to you “as is” and “as available,” without warranty of any kind. To the maximum extent permitted by appliable law, we expressly disclaim all representations or warranties of any kind, whether express or implied, statutory or otherwise, with respect to this Website, including all warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, copyright ownership, noninfringement, and other third-party proprietary rights. We make no representation that this Website will meet your requirements, achieve any intended results, be compatible or work with any other software systems, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Waiver and Release.
To the maximum extent permitted by appliable law, you waive and release us from all claims of any and all kinds, including claims for actual, incidental, indirect, special, consequential (including lost profits), punitive, and exemplary damages and attorneys’ fees and costs, related directly or indirectly to or arising from your access to this Website or your use of any information or material contained on it.
Links to third-party sites.
This Website may link to and from third-party websites and tools. Such third-party sites are not under our control and are provided only as a convenience and for informational purposes. We do not necessarily endorse companies (or related products or services) whose sites may be linked to this Website. We have no control over such sites and are not responsible for examining or evaluating the content or accuracy of them. Any use by you of tools offered through third-party sites is entirely at your own risk and discretion.
Intellectual property.
This Website is and will remain our exclusive property. This Website is protected by copyright, trademark, and other laws. Our trademarks, logos, slogans, domain names, images, and service marks may not be used in connection with any product or service without our express prior written consent.
Privacy of your personal information.
We are committed to protecting the privacy of all visitors to this Website. Your submission of personal information through the Website is governed by our Privacy Policy. By accessing this Website, you agree that we may collect, use, and disclose information that you provide us, as set out in our Privacy Policy available on this Website.
Governing law.
These Terms of Use will be interpreted and enforced in accordance with the laws of the State of Oklahoma (exclusive of its conflicts-of-laws rules). For any dispute related to these Terms of Use, your visits to this Website, any products or services sold or distributed in connection with this Website, you irrevocably consent to the jurisdiction of the State of Oklahoma and agree that any court of competent jurisdiction sitting in Oklahoma County, Oklahoma is an appropriate and convenient place of venue to resolve any such dispute.
Dispute resolution.
If you have a dispute regarding this Website, you agree to first contact us to attempt to resolve your dispute informally.
Binding effect.
These Terms of Use are an agreement that is binding on and benefits us and you and our respective heirs, representatives, successors, and assigns.
Entire agreement.
These Terms of Use constitute the entire agreement and understanding between us and you regarding your use of this Website and all services provided by this Website. All prior and contemporaneous written or oral agreements and communications between the parties, including any prior versions of these Terms of Use, are superseded by these Terms of Use.
Waiver.
Our failure to exercise or enforce any right of provision of these Terms of Use will not constitute a waiver of such right or provision unless expressly acknowledged and agreed to in writing by us. No course of dealing between the parties, delay in the exercise of any rights under these Terms of Use, or failure to object to any action or omission constitutes a waiver of any terms of these Terms of Use. A waiver of any term of these Terms of Use will not constitute a continuing waiver of that term.
Severability.
If any provision of these Terms of Use is determined to be to any extent invalid, illegal or unenforceable, it will be deemed stricken from these Terms of Use. All other provisions of these Terms of Use will remain in full force and effect. The stricken provision will then be deemed replaced with one that is valid and enforceable, and that comes closest to expressing our original intent.
Termination.
These Terms of Use will remain in effect until terminated by us. In such event, the restrictions imposed on you by these Terms of Use, including all disclaimers, waivers, releases, and limitations of liability will survive.
Questions.
Questions about these Terms of Use should be sent to us at contact@heimcustomhomes.com. You can also contact us at:
Heim Custom Homes, LLC
8850 N. Dobbs Road
Harrah, OK 73045
405-824-6954
1 Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers, exclusions, and limitations may not apply to you.
Oklahoma’s trusted homebuilder.
