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Terms of Use

CustomLegacyHomes.com Terms of Service

IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS SITE AND ITS RELATED PRODUCTS, SOFTWARE, SERVICES, CONTENT, WEBSITES AND/OR MOBILE APPLICATIONS, WHICH ARE PROVIDED BY CUSTOMLEGACYHOMES.COM.  BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE.  THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY CUSTOMLEGACYHOMES.COM AT ANY TIME IN ITS SOLE DISCRETION.  YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.  PLEASE CONSULT THESE TERMS OF SERVICE REGULARLY.

For purposes of these Terms of Service (the “Terms”), the following definitions apply:

  • “Content” means any written text, documents, data files, photographs, images, video or audio files, links or any other information provided by CustomLegacyHomes.com or its third-party licensors, sponsors, or affiliates on any of our Sites or in our mobile applications. Content created by or provided by a user is referred to as “User Generated Content.” (See also Section 1.5)
  • “Laws” refers to any and all applicable federal, state, local or foreign laws, rules, regulations, statutes, codes or ordinances.
  • Computer viruses, malware, spyware, grayware, adware, rootkits, Trojan horses, worms, cancelbots, botnets, malicious JavaScript, known or unknown exploits in, to or using any hardware or software running on, in or through the Sites (defined below), or any other similar software or code is referred to collectively as “Malware.”
  • d products, software, services, Content, User Generated Content, Sites, and mobile applications are collectively referred to as the “Services.” The term “Services” shall also include “Fee Services” (defined below)
  • Custom Legacy Homes Inc.’s websites are referred to as the “Sites.”
  • Any third party software, services or components included in the Services are referred to as “Third Party Components.”
  • Third-party content, including advertising or hyperlinks to other websites or content which are part of the Services, are referred to collectively as “Third Party Content.”

Welcome to Custom Legacy Homes Inc.’s website (referred to herein as “Custom Legacy Homes Inc.”)!   Your use of Custom Legacy Homes Inc.’s Services is subject to these Terms.  These Terms apply to all of the Services and are subject to change from time to time in the sole and absolute discretion of Custom Legacy Homes Inc..  These Terms constitute a legally binding agreement between you and Custom Legacy Homes Inc. regarding your use of the Services.  Custom Legacy Homes Inc. may use affiliated or subsidiary entities to provide some or all of the Services to you.  In such event you agree that such affiliated or subsidiary entities may provide such Services and that your use of the Services continues to be bound by the Terms.  You should print or save a local copy of these Terms for your records.

  1. Acceptance and Use.
    • You may not use any of the Services unless you accept the Terms. Your use of any of the Services constitutes your acceptance of the Terms.
    • You may not use any of the Services if any applicable Laws bar you from receiving or using the Services for any reason.
    • You agree that you will use the Services only as permitted by the Terms and all applicable Laws and to abide by all applicable Laws when using the Services, including but not limited to all applicable Laws governing the purchase and sale of goods.
    • You agree that you are solely responsible for complying with all applicable Laws governing taxes on the purchase and sale of goods and that you will timely pay all applicable taxes. Custom Legacy Homes Inc. does not collect or remit such taxes on behalf of its users.
    • You agree that you will not upload any User Generated Content which violates any Laws, or which contains any Malware, scripts, SQL queries, programming code or any defamatory, libelous, infringing, discriminatory, illegal, threatening, harassing, violent, harmful, obscene or pornographic material. User Generated Content includes anything you upload to any of our Services or send to us, including, without limitation, documents, data files, written text, photographs, images, video, audio or any other files and/or information, for posting to our Services, Third Party Sites or otherwise, regardless of whether you or someone else created the work.
    • You agree that you will not:
      • Access or attempt to access the Services or any data therein by any means other than through the visible user interface provided by Custom Legacy Homes Inc., in the manner stated on such interface and for the purpose(s) expressly permitted by Custom Legacy Homes Inc.;
      • Engage in any activity which disrupts, or is intended to disrupt, the normal function and operation of the Services, the network that the Services operate on or through, or the servers on which the Services or any portion thereof are stored or running, including but not limited to attempting to overload the network capacity thereof;
      • Attempt to penetrate, gain control over, seek or exploit any known or unknown flaw or vulnerability in any portion of the Services, the underlying software or Sites, or the servers on which any portion of the Services are running or in which any portion of the data of the Services or any Content or User Generated Content is stored;
      • Copy, reproduce, duplicate, modify, sell, trade or resell the Services or any Content or User Generated Content for any purpose, other than User Generated Content you own or have sufficient rights to;
      • Post, email, text or otherwise make available on or through the Services your personal information (except where specifically requested by the Services) including, but not limited to, financial information, social security number and/or driver’s license number;
      • Post, send or transmit unsolicited messages, including but not limited to advertising, promotional material, junk mail or chain letters, whether by email, text message, posting or otherwise;
      • Forge or “spoof” any portion or all of any TCP-IP packet and/or email header which you send to us or to any person or entity using any portion of the Services;
      • Interfere with or disrupt the Services, or any portion thereof, through the use of web crawlers, bulk downloaders, scripts or otherwise;
      • Stalk, abuse, threaten or otherwise harass any other user of the Services or Call Center Services, or any member of the Custom Legacy Homes Inc. Group (defined below);
      • Schedule false, conflicting or misleading appointments through the Call Center Services; or
    • You agree that your data may be used in accordance with Custom Legacy Homes Inc.’s Privacy Statement. This Privacy Statement explains how we treat your personal information and protect your privacy when you use the Services.  By using the Sites or any of the Services, you agree to the use of your data in accordance with our Privacy Statement.
    • From time to time, Custom Legacy Homes Inc. may make changes to these Terms. In such event, Custom Legacy Homes Inc. will make the new Terms available on or through the Services.  Your use of any of the Services after the date on which Custom Legacy Homes Inc. changes the Terms constitutes your acceptance of the new Terms.

  1. Services – Generally
    • From time to time and in its sole and absolute discretion, Custom Legacy Homes Inc. may, without prior notice to you: cease to provide all or any portion of the Services, change the Services, add or remove features to the Services, or otherwise change the manner in which the Services are provided or available for use.
    • Except as otherwise specifically provided herein, Custom Legacy Homes Inc. may, from time to time and in its sole and absolute discretion, with or without notice, modify, limit access to, disable or delete your account, prevent access to the Services or otherwise modify in any manner your account or your access to the Services. You acknowledge and agree that if Custom Legacy Homes Inc. disables access to your account, you may be prevented from accessing the Services, your account details, contact information or any files, data or other User Generated Content which is contained in your account.
    • Custom Legacy Homes Inc. may, from time to time and in its sole and absolute discretion, set a limit on files, data, information or other content stored, sent or received in, on or through the Services.
    • You agree that, when required by Custom Legacy Homes Inc., you will provide information about yourself, such as your email address and telephone number, and that any information you provide to Custom Legacy Homes Inc. shall be accurate and complete and you will promptly notify us of any change to that information. If Custom Legacy Homes Inc. believes the information you provide is not correct, current, or complete, Custom Legacy Homes Inc. has the right to refuse you access to the Sites or any of the Services, and/or to terminate or suspend your access at any time.  Custom Legacy Homes Inc. has the right to, but is not required to, verify or request information necessary to verify, any information you provide.
    • You acknowledge and agree that Custom Legacy Homes Inc. shall have no liability for any or all User Generated Content on, in or uploaded to the Services or which you may access or have access to through the Services or which may be posted to other sites owned and/or operated by third parties (“Third Party Sites”). Content, including but not limited to advertisements and sponsored Content, may be owned by Custom Legacy Homes Inc. or third parties and may be protected by various intellectual property rights.  You may not modify, sell, rent, lease, distribute, display, give or create derivative works from the Content, User Generated Content or any portion thereof, except for your User Generated Content which you own or have sufficient rights to.  Custom Legacy Homes Inc. does not in any way represent or warrant that any User Generated Content uploaded by you will be compatible with or displayed on or in any or all of the Services or on any Third Party Sites.
    • The Services may contain one or more links to Third Party Sites, or to services or registrations offered on Third Party Sites. Custom Legacy Homes Inc. has no control over or responsibility for any such Third Party Sites, and expressly disclaims any liability, representation or warranty regarding such Third Party Sites and their content.
    • You acknowledge and agree that none of the Custom Legacy Homes Inc. Group shall have any liability whatsoever in the event that any portion or all of the Content and/or User Generated Content is lost, corrupted or rendered inaccessible for any reason, including but not limited to error on your part, error on the part of Custom Legacy Homes Inc., error on the part of a third party, equipment failure, network outage, power outage, Malware, or any intrusion, hack or attack by any person.
    • Custom Legacy Homes Inc. shall have the right, but not the obligation, to screen, review, approve, reject, filter, modify, refuse or remove any User Generated Content and/or Content from any portion or all of the Services at any time, for any reason and without notice.
    • Custom Legacy Homes Inc. may store all or any portion of the Content and/or User Generated Content on physical and/or virtual servers owned, leased, operated or used by Custom Legacy Homes Inc., and/or physical and/or virtual servers owned, leased, operated or used by third parties. Custom Legacy Homes Inc. may backup any or all of the Content and/or User Generated Content to any media including but not limited to hard drives, flash drives, optical disks or magnetic tape, and/or to online and/or offsite backup service(s) owned or operated by Custom Legacy Homes Inc. and/or third parties.
    • You acknowledge and agree that you shall be solely responsible and liable for, and Custom Legacy Homes Inc. shall have no responsibility or liability for, all User Generated Content you own, create, upload, send, transmit or display to or during your use of the Services.
    • From time to time, Custom Legacy Homes Inc. may update the Services or the software that provides the Services, and may cause updates to be automatically downloaded to you. You agree to allow, receive and install any such updates.  Portions or all of the Services may be unavailable during such update(s) and your failure to download and install the updates may cause the Services to fail and/or prevent you from accessing some or all of the Services.
    • As described in our Privacy Statement, portions or all of the Services may place cookies (small text files), which may include third party cookies, on your computer during your use of the Services. If you delete these cookies or block or refuse to accept them, certain portions or all of the Services may not function properly or may not function at all.
    • Custom Legacy Homes Inc. and/or third parties may place advertising on some or all of the Services, and such advertising may change from time to time without any prior notice to you. Such advertising may be targeted to the information being provided to you and/or which you have provided to Custom Legacy Homes Inc..  You agree that your use of the Services may include such advertising.

  1. Rights
    • You acknowledge and agree that Custom Legacy Homes Inc., its subsidiaries, affiliated entities, licensors and/or third parties own all of the legal right, title and interest in and to the Services and the Content, including but not limited to all intellectual property rights pertaining thereto, whether registered or not and wherever in the world such rights may exist. The Services may contain confidential information, and if so, you agree not to disclose any such confidential information without the prior written permission of Custom Legacy Homes Inc..
    • Neither these Terms nor your use of the Services gives you any right to use any of Custom Legacy Homes Inc.’s trade names, trademarks, service marks, logos, emblems, domain names or any other mark or distinctive feature of Custom Legacy Homes Inc., and you agree not to so use any of such items without obtaining, in each case, Custom Legacy Homes Inc.’s prior written permission.
    • You agree not to remove, alter, obscure or replace any rights notices on or in the Sites and/or the Services, including but not limited to copyright or trademark notices.
    • Subject to the limited license granted herein, any User Generated Content you create, upload, send or transmit to or during your use of the Services shall remain the property of its owner, whether that owner is you or a third party. CUSTOM Legacy Homes Inc. shall have no obligation whatsoever to protect or defend any rights or ownership interests in any User Generated Content, nor shall CUSTOM Legacy Homes Inc. have any obligation whatsoever to verify the right of any party to create, upload, send or transmit any User Generated Content.
    • You may not directly or indirectly decompile, disassemble, reverse engineer, copy, download, save, modify or create derivative works from the Sites, the Services or any part thereof or assist or allow any other person(s) to do so.

  1. Disclaimer of Warranties and Limitation of Liability
    • You acknowledge and agree that you are solely responsible and liable for, and agree to indemnify and hold Custom Legacy Homes Inc. harmless from, any breach of your obligations under the Terms and for any liabilities, damages, costs or expenses (including attorneys’ fees and court costs) caused thereby or therefrom.
    • YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.”
    • Except to the extent limited by applicable law,
      • CUSTOM LEGACY HOMES INC. AND ITS LICENSORS, LICENSEES, SUBSIDIARIES, AFFILIATES, AGENTS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, PARTNERS OR REPRESENTATIVES (THE “CUSTOM LEGACY HOMES INC. GROUP”) DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOU WILL HAVE TIMELY, SECURE OR UNINTERRUPTED USE OF THE SERVICES, THAT NO CONTENT OR USER GENERATED CONTENT WILL BE CORRUPTED, LOST AND/OR MODIFIED, THAT ANY INFORMATION YOU OBTAIN FROM THE SERVICES IS ACCURATE, COMPLETE, CURRENT OR FREE FROM ERRORS, OR THAT IT OR THEY WILL CORRECT OR REMEDY ANY KNOWN OR UNKNOWN DEFECTS, DEFICIENCIES, BUGS, ERRORS OR LIMITATIONS IN THE SERVICES AT ANY TIME.
      • YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY MATERIAL OR CONTENT THAT YOU ACCESS, VIEW, DOWNLOAD AND/OR RECEIVE FROM OR THROUGH THE SERVICES, AND NONE OF THE CUSTOM LEGACY HOMES INC. GROUP SHALL HAVE ANY LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER, NETWORK, DATA, SOFTWARE OR ANY OTHER PROPERTY OF YOURS OR OTHERS RESULTING FROM ACCESSING, VIEWING AND/OR DOWNLOADING ANY MATERIAL OR CONTENT OR FROM ANY MALWARE WHICH MAY BE OR BECOME, INTENTIONALLY OR UNINTENTIONALLY, KNOWN OR UNKNOWN, IN, ON OR PART OF ANY HARDWARE, FIRMWARE, SOFTWARE OR OTHER PRODUCTS OR ANY PORTION OR ALL OF THE SERVICES OR WHICH IS POSTED, REPOSTED, CROSS-POSTED, SYNDICATED OR OTHERWISE VIEWABLE FROM ANY THIRD PARTY SITE.
      • YOUR SUBMISSION OF INFORMATION TO CUSTOM LEGACY HOMES INC. OR ANY PORTION OF THE SERVICES IS AT YOUR SOLE RISK AND CUSTOM LEGACY HOMES INC. DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE OR LIABILITY RELATING TO SUCH INFORMATION OR SUBMISSION IN ANY MANNER. CUSTOM LEGACY HOMES INC. SHALL HAVE NO LIABILITY TO YOU IF ANY CONTENT OR USER GENERATED CONTENT IS FOUND TO BE OFFENSIVE, INDECENT OR OBJECTIONABLE.
      • NO STATEMENT, WHETHER ORAL OR WRITTEN, BY ANY OF THE CUSTOM LEGACY HOMES INC. GROUP, NOR ANY STATEMENT ON ANY OF THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
      • THE CUSTOM LEGACY HOMES INC. GROUP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY OTHER WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE PRACTICE WITH REGARD TO THE SERVICES, THE DOCUMENTS OR ANY OTHER MATERIALS OR SERVICES PROVIDED.
    • NONE OF THE CUSTOM LEGACY HOMES INC. GROUP SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, REGARDLESS OF HOW CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF ANY OF THEM ARE ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR SPONSOR, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS OR DAMAGE, FROM THE SERVICES, THE UNAVAILABILITY OF THE SERVICES, THE ACCURACY OF ANY INFORMATION, CONTENT OR USER GENERATED CONTENT, THE LOSS OR CORRUPTION OF ANY INFORMATION, CONTENT OR USER GENERATED CONTENT, THE FAILURE OF YOUR PASSWORD OR ACCOUNT TO REMAIN SECURE OR CONFIDENTIAL, OR IN ANY OTHER MANNER OR FROM ANY OTHER CAUSE WHATSOEVER.

  1. Third Party Content and Links
    • CustomLegacy Homes Inc. may or may not have any control over Third Party Content.
    • You acknowledge and agree that Custom Legacy Homes Inc. shall have absolutely no liability for any Third Party Content, regardless of any reliance by you thereon, and you also acknowledge and agree that Custom Legacy Homes Inc. does not endorse any Third Party Content.

  1. Digital Millennium Copyright Act
    • Custom Legacy Homes Inc. takes intellectual property rights very seriously and demands the same from you. If you are a copyright owner and have a good faith belief that any material posted on or through the Services infringes on your copyright(s), then pursuant to the Digital Millennium Copyright Act (“DMCA”), all claims of copyright infringement for material that is believed to be residing on Custom Legacy Homes Inc.’s network or servers should be promptly sent in the form of written notice to the Designated Agent for DMCA Notices as follows: Custom Legacy Homes Inc. LLC, Attn: DMCA Agent, 146 S. Grace St., Lombard, IL 60148, or via email to [email protected], and follow the instructions in these Terms.
    • How to Report A Claim of Infringement:
      • If you believe any person has posted material that infringes your copyright rights, you (“Complaining Party”) must provide a notification of a claimed copyright infringement to Custom Legacy Homes Inc. as provided above which must include the following information:
        • A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
        • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
        • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Custom Legacy Homes Inc. to locate the material.
        • Information reasonably sufficient to permit Custom Legacy Homes Inc. to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
        • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
        • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
      • Failure to submit copyright infringement notification as described above may result in no legal notice or action on behalf of Custom Legacy Homes Inc..
    • How to Make a Counter Notification:
      • If you are a Custom Legacy Homes Inc. user and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter notification. The counter notification must be written and addressed to Custom Legacy Homes Inc. as provided above and must provide the following information:
        • A physical or electronic signature of the subscriber.
        • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
        • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
        • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, then Chicago, Illinois, and that you will accept service of process from the Complaining Party or an agent of such person.
      • Custom Legacy Homes Inc. is not required to respond to counter notifications that do not meet the requirements above.
      • Custom Legacy Homes Inc. will present your counter notification to the Complaining Party. Once your counter notification has been delivered, Custom Legacy Homes Inc. may restore the removed material, and if Custom Legacy Homes Inc. elects to do so, Custom Legacy Homes Inc. will restore the removed material in no less than 10 business days, nor more than 14 business days, unless the Complaining Party notifies Custom Legacy Homes Inc. that it has filed an action seeking a court order to restrain you from engaging in infringing activity related to the material on Custom Legacy Homes Inc.’s system or network.

  1. Miscellaneous
    • Your use of Third-Party Components may be subject to separate terms between you and the provider of such Third Party Components. However, in the event of a conflict between the terms for a Third-Party Component provider and these Terms, these Terms shall prevail.
    • When using a mobile device, be aware that viewing and/or downloading videos, images and other Content or User Generated Content may use a material amount of data, and information may also be delivered via text message (which may include both SMS messages and MMS messages). You are responsible for any charges imposed by your carrier.
    • These Terms constitute the entire agreement between you and Custom Legacy Homes Inc., and supersede any and all prior understandings and agreements, whether written or oral, that may relate to its subject matter.  You acknowledge and agree that Custom Legacy Homes Inc.’s subsidiary and affiliated entities and licensors are third party beneficiaries of these Terms and shall be entitled to enforce these Terms directly and to rely on the provisions of these Terms, but otherwise these Terms are not intended to and shall not be construed to confer upon any person or entity other than a party hereto any rights, benefits or remedies hereunder.
    • Custom Legacy Homes Inc. may provide copies of the Terms in languages other than English. If so, then you agree that such translation(s) is/are provided for your convenience only and that the English language version of the Terms will govern your relationship with Custom Legacy Homes Inc..  If there are any discrepancies between the Terms in English and the Terms in any other language, the Terms in English shall control.
    • You acknowledge and agree that Custom Legacy Homes Inc. may provide you with notices, including but not limited to notices regarding changes to the Terms, by email, U.S. Mail, postings on any portion or all of the Services or in any other manner as it may determine in its sole and absolute discretion.
    • These Terms are non-exclusive. These Terms may not be assigned by you, but may be assigned by Custom Legacy Homes Inc..
    • If any provision in these Terms shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof will not in any way be affected or impaired thereby.  If any provision of these Terms is deemed unenforceable, but such provision may be made enforceable by modification, then the provision shall be modified and enforceable to the fullest extent permissible by law.  The parties authorize any court of competent jurisdiction to modify the provisions contained in these Terms to the extent necessary to make each of them enforceable.
    • The failure of Custom Legacy Homes Inc. to enforce any provision of these Terms shall not be deemed a waiver of such provision or of the right of Custom Legacy Homes Inc. thereafter to enforce such provision or any other provision.
    • Custom Legacy Homes Inc. shall not be liable for any outage of or loss of access to any portion or all of the Services, including but not limited to such caused by acts of God, fire or other disaster, telecommunications failure, power failure, Internet failure, war, civil disturbances, governmental acts, acts of terrorism, hack, attack or Malware.
    • These Terms shall be governed by the laws of the State of Illinois and the United States, without consideration of any other state’s or government’s choice of law provisions.  Any action to enforce these Terms, other than an action under the DMCA which is required to be filed in another federal jurisdiction, shall be brought in a state or federal court located in Cook County, Illinois. You agree that in the event of a breach of these Terms, damages cannot adequately and sufficiently compensate Custom Legacy Homes Inc. and that injunctive relief is essential for the protection of Custom Legacy Homes Inc..  You therefore agree that in the event of a breach of these Terms by you, Custom Legacy Homes Inc. shall be entitled to obtain (and you hereby consent to) injunctive relief against you, without bond but upon due notice, in addition to such further or other relief as may be available at law or in equity.  You expressly agree to waive any and all claims for damages by reason of the issuance of any such injunction, and in the event of the wrongful issuance of such injunction your sole remedy shall be the dissolution of such injunction, if such is warranted upon hearing duly had. Obtaining any such injunction by Custom Legacy Homes Inc. shall not be considered an election of remedies or a waiver of any right Custom Legacy Homes Inc. may have at law or in equity.
    • Your use of the Service may include the ability to make electronic transactions. You acknowledge and agree that you are liable for any electronic transactions you make and you agree to be bound by and pay for any such electronic transactions.
    • The headings in these Terms are inserted for convenience of reference only, are not intended to be a part of these Terms and shall have no effect on the meaning or interpretation of these Terms.
    • As used in these Terms, the singular shall be read as the plural and the plural shall be read as the singular, as required by the context and the facts.
    • If Custom Legacy Homes Inc. prevails in any suit for a breach of any of the provisions of these Terms, it shall be entitled to recover from you its costs and expenses, including reasonable attorneys’ fees.

Last updated:  November 9, 2022

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