Terms of Use

 

1. ACCEPTANCE OF TERMS
1.1 Agreement to Terms
These Terms of Use (“Terms”) are a legally binding agreement between you (“you”) and Shea Homes of Houston, LLC (“Company,” “we,” “us,” or “our”) regarding your access to and use of the Woodhavyn master development website (the “Website”). By accessing the Website, you agree to these Terms. If you do not agree, you are prohibited from using the Website and must discontinue use immediately.

1.2 Supplemental Terms
Additional terms or documents posted on the Website are incorporated by reference. We may modify these Terms at any time. Updates will be indicated by the “Last Updated” date. You are responsible for reviewing these Terms periodically. Continued use of the Website constitutes acceptance of any changes.

1.3 Age Restriction
The Website is intended for users 18 years or older. Minors must have parental or guardian permission and supervision. Parents or guardians must review and agree to these Terms before minors use the Website.

2. INTELLECTUAL PROPERTY RIGHTS
2.1 Ownership

Unless stated otherwise, the Website and all content—including source code, databases, software, designs, text, images, and trademarks (“Content” and “Marks”)—are owned or licensed by us and protected by U.S., Texas, and international laws. The Content and Marks are provided “AS IS” for personal, non-commercial use only. No part of the Website may be copied, distributed, or exploited for commercial purposes without prior written consent.

2.2 License Grant
If eligible, you are granted a limited license to access and use the Website and download or print portions of the Content for personal, non-commercial use. All other rights are reserved.

3. USER REPRESENTATIONS
3.1 Representations

By using the Website, you represent and warrant that:

  1. You have legal capacity and agree to comply with these Terms.
  2. You are not a minor, or if a minor, you have parental permission.<l/i>
  3. You will not access the Website through automated or non-human means.
  4. You will not use the Website for illegal or unauthorized purposes.
  5. Your use will comply with all applicable laws and regulations.

3.2 Accuracy of Information

If any information you provide is inaccurate, incomplete, or outdated, we may suspend or terminate your account and deny future access to the Website.

4. PROHIBITED ACTIVITIES
4.1 General Prohibition

You may use the Website only for its intended purpose. Any commercial use not expressly authorized by us is prohibited. You agree not to:

4.1.1 Data and Security

  1. Systematically retrieve data or content to create a collection, database, or directory without our written consent.
  2. Circumvent, disable, or interfere with security features or usage restrictions.
  3. Upload or transmit viruses, malware, or disruptive code.
  4. Attempt to bypass access controls or security measures.
  5. Copy, adapt, decompile, or reverse engineer Website software.

4.1.2 Misuse and Misrepresentation


  1. Trick, defraud, or mislead us or other users.
  2. Impersonate another user or person, or use another user’s credentials.
  3. Sell or transfer your profile without authorization.
  4. Submit false reports or misuse support services.

4.1.3 Harmful Conduct

  1. Harass, abuse, intimidate, or threaten users, employees, or agents.
  2. Disparage or tarnish the Website or Company.
  3. Use information from the Website to harm others.

4.1.4 Unauthorized Automation and Access

  1. Engage in automated use of the system (bots, scripts, scrapers).
  2. Launch or distribute unauthorized software or automated tools.
  3. Use a buying or purchasing agent to make Website purchases.

4.1.5 Content and Communication Violations

  1. Upload spyware, passive collection mechanisms, or similar tools.
  2. Post spam, repetitive content, or unsolicited promotions.
  3. Engage in unauthorized framing or linking.

4.1.6 Competitive or Unlawful Use

  1. Use the Website for illegal purposes or in violation of laws.
  2. Use the Website to compete with us or for any revenue-generating endeavor.

5. USER-GENERATED CONTRIBUTIONS

5.1 Contributions

The Website may allow you to post or share content (“Contributions”), which may be visible to others and treated as non-confidential. By submitting Contributions, you represent and warrant that:

5.1.1 Ownership and Rights

  1. You own or have the necessary rights and permissions for your Contributions.
  2. Your Contributions do not infringe any third-party rights (copyright, trademark, etc.).
  3. You have consent from identifiable individuals featured in your Contributions.

5.1.2 Content Standards


  1. Contributions are accurate and not misleading.
  2. Contributions are not unlawful, obscene, harassing, defamatory, or otherwise objectionable.
  3. Contributions do not promote violence, discrimination, or illegal activity.
  4. Contributions do not solicit personal information from minors or exploit minors.
  5. Contributions do not violate privacy, publicity, or child protection laws.
  6. Contributions do not contain offensive comments related to race, gender, or other protected classes.
  7. Contributions comply with these Terms and all applicable laws.

5.2 License to Contributions
Any Contributions you post are non-confidential and non-proprietary. By posting Contributions, you grant us and our affiliates, licensees, successors, and assigns a worldwide, royalty-free license to use, reproduce, modify, display, distribute, and disclose such material.

You represent and warrant that you own or control all rights to your Contributions and have the authority to grant this license. You agree that:

  • You will not receive compensation for granting these rights.
  • We may, at our discretion, monitor, edit, or remove Contributions without obligation.

6. SUBMISSIONS
6.1 Submissions

Any questions, comments, suggestions, ideas, feedback, or other information you provide regarding the Website (“Submissions”) are non-confidential and become our sole property. We own all rights, including intellectual property rights, and may use and distribute Submissions for any lawful purpose without acknowledgment or compensation.

You waive all moral rights in Submissions and warrant that they are original or that you have the right to submit them. You agree that you have no claim against us for any alleged infringement or misappropriation of proprietary rights in your Submissions.

7. THIRD-PARTY WEBSITES AND CONTENT
7.1 Third-Party Websites and Content

The Website may contain links to third-party websites (“Third-Party Websites”) and content originating from third parties (“Third-Party Content”). We do not monitor or endorse Third-Party Websites or Content and are not responsible for their accuracy, legality, or policies.

If you access Third-Party Websites or install Third-Party Content, you do so at your own risk. These Terms no longer apply once you leave the Website. Review the applicable terms and privacy policies of any third-party site or application.

We are not responsible for purchases made through Third-Party Websites, which are solely between you and the third party. You agree to hold us harmless from any harm or loss resulting from your use of Third-Party Websites or Content.

8. WEBSITE MANAGEMENT
8.1 Management Rights

We reserve the right, but not the obligation, to:

  1. Monitor the Website for violations of these Terms.
  2. Take legal action against anyone violating the law or these Terms, including reporting to law enforcement.
  3. Refuse, restrict, or disable access to any Contributions at our discretion.
  4. Remove or disable files or content that are excessive in size or burdensome to our systems.
  5. Manage the Website to protect our rights and ensure proper functionality.

9. PRIVACY POLICY
9.1 Privacy

Please review our Privacy Policy, which is incorporated into these Terms. By using the Website, you agree to the Privacy Policy. The Website is hosted in the United States. If you access it from another region with different data laws, you consent to transferring and processing your data in the United States.

10. TERM AND TERMINATION
10.1 Term

These Terms remain in effect while you use the Website. We may, at our sole discretion and without notice, deny access to the Website for any reason, including breach of these Terms or applicable law. We may also delete any content you posted without warning.

10.2 Account Termination

If your account is terminated or suspended, you may not register under your name, a false name, or any third party’s name. We reserve the right to pursue legal action, including civil, criminal, and injunctive remedies.

11. MODIFICATIONS AND INTERRUPTIONS
11.1 Modifications

We may change, modify, or remove Website content at any time without notice. We are not obligated to update information and are not liable for any modification, suspension, or discontinuance of the Website.

11.2 Interruptions
We cannot guarantee uninterrupted Website availability. Maintenance, technical issues, or other problems may cause delays or downtime. We are not liable for any loss or inconvenience caused by such interruptions. We are not obligated to provide updates, corrections, or support.

12. GOVERNING LAW
12.1 Governing Law

These Terms are governed by the laws of the State of Texas. You and Shea Homes of Houston, LLC consent to the exclusive jurisdiction of the courts in Harris County, Texas, for any disputes arising under these Terms.

13. DISPUTE RESOLUTION
13.1 Binding Arbitration

Any dispute, controversy, or claim arising from or related to the Website, these Terms, the Privacy Policy, or your relationship with Shea Homes of Houston, LLC (“Dispute”) that cannot be resolved amicably shall be settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. Arbitration will occur in Harris County, Texas, before a single arbitrator, in English.

13.2 Governing Law

The arbitrator shall apply Texas law without regard to conflict-of-law principles. The decision shall be in writing with findings of fact and is final and binding.

13.3 Scope of Authority

The arbitrator may award monetary damages as allowed under these Terms but cannot award indirect, incidental, consequential, punitive, or special damages. Judgment on the award may be entered in any court with jurisdiction.

13.4 Costs and Expenses
Each party shall bear its own arbitration costs, regardless of outcome.

13.5 Class Action Waiver.
ALL ARBITRATIONS UNDER THIS AGREEMENT SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CERTIFY A CLASS OR AWARD CLASS-WIDE RELIEF. THE ARBITRATOR IS ONLY AUTHORIZED TO AWARD RELIEF ON BEHALF OF INDIVIDUAL PARTIES. YOU ACKNOWLEDGE AND AGREE THAT, UNLESS WE AND YOU OTHERWISE AGREE IN WRITING, YOU MAY SEEK ARBITRATION ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU FURTHER AGREE THAT IF YOU PROCEED IN COURT OR ARBITRATION, YOU WILL NOT JOIN OR CONSOLIDATE YOUR CLAIMS WITH SIMILAR CLAIMS OF ANY OTHER PERSON. THIS CLASS ACTION WAIVER APPLIES TO ALL CLAIMS THAT MIGHT OTHERWISE BE BROUGHT UNDER ANY STATE OR FEDERAL LAWS.

13.6 Exceptions to Arbitration

Disputes involving intellectual property rights or requests for injunctive relief may be brought in court. Either party may seek injunctive relief to protect intellectual property or confidential information.

13.7 Sole Recourse

Except as provided in Section 13.6, this section is the exclusive method for resolving Disputes.

14. CORRECTIONS
14.1 Corrections
The Website may contain errors, inaccuracies, or omissions, including pricing and availability. We reserve the right to correct or update information at any time without notice.

15. DISCLAIMER
15.1 Disclaimer

The Website is provided “AS IS” and “AS AVAILABLE.” Your use is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We make no guarantees regarding:

  1. Accuracy or completeness of Website content or linked content.
  2. Personal injury or property damage from Website use.
  3. Unauthorized access to servers or personal/financial data.
  4. Interruptions or transmission failures.
  5. Viruses, malware, or harmful code transmitted by third parties.
  6. Errors or omissions in content or any resulting loss or damage.
  7. We do not endorse or assume responsibility for third-party products or services advertised or linked through the Website. Use your best judgment when engaging in transactions with third parties.

6. LIMITATIONS OF LIABILITY
16.1 Limitation

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, OR DATA, ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM, REGARDLESS OF FORM, SHALL NOT EXCEED THE GREATER OF:

  • THE AMOUNT PAID BY YOU TO US, IF ANY, OR
  • $100 USD.

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so these limitations may not apply to you.

17. INDEMNIFICATION
17.1 Indemnity

You agree to defend, indemnify, and hold us and our affiliates, officers, agents, and employees harmless from any claims, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising from:

  1. Your Contributions;
  2. Your use of the Website;
  3. Breach of these Terms;
  4. Violation of third-party rights, including intellectual property;
  5. Any harmful act toward another user.

We may assume exclusive defense of any matter at your expense, and you agree to cooperate with us in such defense.

18. USER DATA
18.1 Data Responsibility

We maintain certain data related to Website performance and your usage. While we perform routine backups, you are solely responsible for your data. We are not liable for any loss or corruption of data, and you waive any claims arising from such loss.

19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
19.1 Consent

By using the Website, you consent to receive electronic communications and agree that electronic signatures, contracts, and records satisfy legal requirements for written agreements. You waive any rights requiring non-electronic records or original signatures.

20. CALIFORNIA USERS AND RESIDENTS
20.1 Consumer Assistance

If a complaint is not resolved, you may contact the California Department of Consumer Affairs, Consumer Services Division, at:
1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
Phone: (800) 952-5210 or (916) 445-1254.

21. MISCELLANEOUS
21.1 General Terms

These Terms and any policies posted on the Website constitute the entire agreement between you and us. Failure to enforce any provision does not waive our rights. We may assign our rights at any time.
We are not liable for delays or failures beyond our control. If any provision is deemed unlawful or unenforceable, the remaining provisions remain valid. No joint venture, partnership, or agency relationship is created by these Terms.

You waive any defense based on the electronic form of these Terms or lack of signatures.

22. CONTACT US
22.1 Contact Information

For questions or complaints regarding the Website, please contact us at:
Shea Homes of Houston, LLC
7906 N. Sam Houston Parkway W.
Suite 250
Houston TX 77064
832-400-6294
info@woodhavyn.com

 

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