Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS ("Terms and Conditions") CAREFULLY BEFORE USING THIS WEBSITE. All users ("Users") of this Website (the “Site") agree that access to and use of this Site are subject to the following Terms and Conditions and other applicable law. If you do not agree to these Terms and Conditions, do not use this Site.

1.    GENERAL TERMS AND CONDITIONS
By accessing or using this Site, each User agrees to be bound by these Terms and Conditions. Empire Homes, LLC (“Empire Homes”) provides the information, services, text, graphics, links or other material (the “Content") on this Site to the User, conditioned on the User's acceptance, without modification, of the Terms and Conditions. The use of the Site is subject to the additional disclaimers, caveats, and notices that may appear throughout the Site.

2.    DISCLAIMERS
Empire Homes, its subsidiaries, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Site. While Empire Homes strives to keep Content on this Site updated, accurate, and complete, Empire Homes, its agents, and affiliated entities will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content.

The Content provided on this Site is intended for informational purposes only and is not intended to constitute an offer or solicitation for the sale or lease of a home. Prospective purchasers must contact Empire Homes to purchase a home. Despite the efforts of Empire Homes to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. Empire Homes assumes no responsibility or liability for any actions taken as a result of using this Site, or for errors or omissions in the Content on this server.

THIS SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EMPIRE HOMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EMPIRE HOMES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. EMPIRE HOMES DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

3.    LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EMPIRE HOMES SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS SITE, EVEN IF EMPIRE HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.    LINKS TO AND FROM THIS SITE
Empire Homes does not have responsibility and shall not be liable for the accuracy or availability of information provided by websites which are linked to the Site via hypertext or other computer links. Links to external websites are provided merely as a convenience to Users and do not constitute an endorsement by Empire Homes of such websites or the content, products, advertising, or other materials presented on such websites, including any changes or updates thereto.

5.    EQUAL HOUSING OPPORTUNITY
Empire Homes encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion sex, handicap, familial status, or national origin. All homes advertised by Empire Homes and its affiliated entities are available on an equal opportunity basis.

6.    SPECIFICATIONS, PRICES, TERMS, RENDERINGS AND OTHER INFORMATION
Although every effort has been made to ensure that the prices and terms contained herein are accurate and current, at any time such prices and terms are subject to change prior to sale. Prices shown refer to the base house and do not include any optional features. Photos and/or drawings of homes may show upgraded features which are not reflected in any price disclosed on this Site.   Home descriptions and amenities are not guaranteed, and may change without notice. All renderings and floor plans in these materials are an artist’s conceptual drawing and will vary from the actual plans and homes as built. Square footage numbers are approximate and may vary depending on the circumstances. Empire Homes cannot control future development and does not guarantee the preservation of any view or the natural environment surrounding the communities where its homes are located. Payment of any Broker fee will be subject to certain conditions.  Please consult Empire Homes for specific price or other information for each home.

7.    COPYRIGHT
Copyright ©2008-2015 Empire Homes. All rights reserved.

All content available at this site, such as text, graphics, plans, drawings, designs, information, logos, icons, images, audio clips, video clips, and/or other content, is the property of the Empire Homes or used by Empire Homes with the permission of the owner of such content and is protected by U.S. and international copyright law. Furthermore, the compilation (including selection, composition, and arrangement) of all of the content on the Site is the exclusive property of Empire Homes and protected by U.S. and international copyright law. Empire Homes reserves the right to remove any content, from any source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such content) without notice. Users of the Site agree to not take any action with respect to content of the Site that would violate the intellectual property rights of Empire Homes.

8.    TRADEMARKS
Empire Homes’ trademarks and service marks may not be used in connection with any product or service that is not Empire Homes’, in any manner that is likely to cause confusion among consumers, or in any manner that dilutes, disparages, or devalues Empire Homes or it’s mark.

9.    PROHIBITED USES

  • You agree to not use our Site or services for unlawful purposes.  You understand that Empire Homes assumes no liability concerning, and you are solely responsible for, your actions regarding usage of our Site and services.
  • You agree not to defame, harass, abuse, threaten, stalk or defraud Empire Homes or other users of the Empire Homes Site.
  • You agree not to reproduce, duplicate, copy, sell, trade, distribute, exploit or resell any information on this Site or any services you receive from us. 
  • You agree not to intentionally damage, interfere, impair or disable this Site by any means including uploading viruses, worms, spyware, adware or other malicious tools. 
  • You agree not to deface any trademarks or other content available at any Empire Homes website or physical location.

10.    APPLICABILITY OF TERMS AND CONDITIONS
These Terms and Conditions may be revised, modified, amended, or supplemented by Empire Homes without notice at any time for any reason. These terms and conditions shall apply to all Users regardless of any future transaction or dealings between such User and Empire Homes, or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.

11.    MISCELLANEOUS
Any disputes arising out of or related to the use of the Site or these Terms and Conditions will be governed by the law of the State of South Dakota, regardless of conflict of law provisions. Sole and exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms and Conditions shall lie in the appropriate federal or state court in Minnehaha County, South Dakota.