Welcome to this sales aid. It is an informational tool provided and owned by All American Homes, LLC and/or its affiliated companies (collectively, “All American Homes”). These Terms and Conditions of Use (“Terms”) govern your use of the sales aid and all related pages, information, databases, materials and services (collectively, the “sales medium”). If you do not accept these Terms, we respectfully request that you do not continue use of this sales medium. Use of this sales medium indicates your acceptance of these Terms. Please scroll down this document to review important provisions regarding arbitration, limitation of liability, waivers, indemnities, and other important provisions.
You may only use this sales medium if you are at least 18 years of age. These Terms are a contract between you and All American Homes®. By accessing any portion of the sales medium, you have a limited license to use its contents for your personal, non-commercial use according to the Terms. These Terms cannot be waived or modified by any oral communications between you and All American Homes. If you have questions regarding these Terms, please contact All American Homes at firstname.lastname@example.org.
All American Homes reserves the right, at its discretion, to change, delete, and update portions of these Terms at any time. You should review these Terms periodically for changes. The Terms can be accessed from the link at the bottom of each sales medium page. If you use the sales medium after we post changes to the Terms, you agree to the changed Terms.
Without limiting the disclaimer language in these Terms, the product information contained on this sales medium is believed to be accurate at the time of posting. However, during the model year, it may be necessary to make revisions. All American Homes reserves the right to make all such changes without notice, including changes in prices, colors, materials, equipment and specifications, as well as the addition of new models and the discontinuance of models shown on the sales medium. Therefore, please consult with your All American Homes dealer to confirm the existence of any materials, design or specifications that are material to your purchase decision.
All American Homes sales aid Registration and Personal Information and Unauthorized Use
When you register, sign-up for, or purchase any All American Homes products or services, you agree to provide true, accurate, current and complete information, including, without limitation, passwords, usernames, login ID’s, credit card and financial information, and other personally identifiable information (collectively, “Personal Information”). You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from All American Homes for any purpose.
You agree not to share your Personal Information with another person. This requirement will assist in preventing unauthorized use or misuse of the sales medium and protect you, All American Homes and other sales medium users. By using or registering to use the sales medium, you agree to be responsible for all statements, transactions, and transmissions that occur within any sales medium or All American Homes services through the use of your Personal Information. You agree that All American Homes is not liable to you or any third part for any damages or losses related to use of your Personal Information. If you believe that someone has used your Personal Information to access any All American Homes services without your authorization, please contact us immediately at email@example.com, OR All American Homes, LLC, P.O. Box 3300, Elkhart, Indiana 46515, Attn: Legal Department.
Restrictions on Use of All American Homes Materials
Your license to use the sales medium includes the limited right to view, bookmark, download and print, for your noncommercial, personal use and information only, those pages of the sales medium that interest you. Your use of any materials or software from the sales medium is terminable by All American Homes at any time under the circumstances described in these Terms. You agree to retain all copyright and other proprietary notices contained on the sales medium.
The contents and use of the sales medium (including All American Homes’s name and the logos and software used in the sales medium) are registered and/or protected by U.S. and international copyright, trademark, and other laws. You may not:
(1) use the sales medium to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
(2) copy (except as set forth above for noncommercial personal use), modify, distribute, create any derivative or compilation work from, or display All American Homes’s name or logo, or any text, graphic images, or other content from the sales medium or redeliver such content using framing or similar technology;
(3) use any device designed to provide repeated automated access to any sales medium other than those made generally available by All American Homes;
(4) include “All American Homes,” “All American Homes, LLC,” any other All American Homes trademarked materials, the name of any All American Homes personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between All American Homes and you, any other party, or any other sales aid, or otherwise use these items without All American Homes’s express written permission;
collect or store personal data about other users of the sales medium;
(6) upload, e-mail or otherwise transmit to All American Homes or through the sales medium or any All American Homes computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the sales medium or any computer software, hardware or communications equipment that is owned, leased or used by All American Homes;
create a link to any sales medium without All American Homes’s prior written permission;
use the sales medium to advertise or perform any commercial solicitation;
(9) use the sales medium to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
All American Homes reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing All American Homes to disclose such information. All American Homes does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users, nor does All American Homes endorse any opinions expressed by users or any third parties using the sales medium. Any reliance on material posted by other users shall be at your own risk.
Termination, Removal of Materials, and Monitoring
You agree that All American Homes may terminate, restrict, or suspend part or all of your license to access the sales medium and delete any content transmitted to or through the sales medium, at any time without prior notice to you and without any liability to you. All American Homes also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in All American Homes’s sole discretion, may create liability for All American Homes, its agents or its contractors or may affect All American Homes’s business relationships or contracts with its agents or its contractors. All American Homes further reserves the right to remove any materials that do not conform to these Terms – though All American Homes shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree that All American Homes has the right, but is not obligated, to monitor your use of the sales medium and any communications made by you related to such use in any manner. You release All American Homes from any liability related to its monitoring activities. If All American Homes denies you access to the sales medium, you agree to destroy all materials obtained from the sales medium and all copies of those materials with the exception of your personal customer-account-related materials.
Sales aid Linking and Cautions About Third-Party Information Included in sales medium
For your general informational use only, All American Homes may provide access to third party sales aids. All American Homes is unable to verify, and takes no responsibility for, the contents of any third party sales aid that may be linked to any sales medium via hyperlink or otherwise, whether such link is provided by All American Homes or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party sales aid to which All American Homes may link). By providing access to other sales aids, All American Homes is not recommending or supporting any third party or endorsing or acknowledging that it is affiliated with any sales aid’s sponsoring organization. All American Homes does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party sales medium or related to creation of links to such sales medium. Before relying on any information contained on any third party sales aid, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material. All American Homes may include third party information in the sales medium for general informational purposes only. All American Homes is unable to verify the accuracy or completeness of third party information posted to the sales medium or accessible from the sales medium. Consequently, you agree All American Homes does not guarantee, and is not liable to you for, the accuracy, results, completeness, authorship or suitability of any third party content and All American Homes is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the sales medium referencing any third parties with whom All American Homes conducts business, and nothing in these Terms, shall be deemed to create any agency relationship or affiliation with, or endorsement or sponsorship of, such third parties or you or make the third parties or you partners or joint venturers with All American Homes, or otherwise provide you or any third parties with any rights to act on All American Homes’s behalf.
Disclaimers and Limitations of Liability
In using this sales medium you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the sales medium and other parties that use the sales medium or your personal information for unauthorized or illegal purposes.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION AND CONTENT ON THE SALES MEDIUM ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND THAT THE SERVICES, PRODUCTS, AND SOFTWARE AVAILABLE THROUGH THE SALES MEDIUM, AND THE SALES MEDIUM ITSELF, ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF, OR REPRESENTATIONS RELATED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NONINFRINGEMENT, OR COMPLIANCE WITH ANY FEDERAL, STATE, OR OTHER LAW(S)). YOU AGREE THAT ALL AMERICAN HOMES IS NOT RESPONSIBLE FOR THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SALES MEDIUM OR ANY MATERIAL ON THE SALES MEDIUM, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEMS, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, OR FOR THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN ALL AMERICAN HOMES.
WITHOUT LIMITING THE ABOVE LIABILITY DISCLAIMER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL ALL AMERICAN HOMES BE LIABLE TO YOU FOR ANY DAMAGES THAT MAY RESULT TO YOU FROM YOUR USE OF THE SALES MEDIUM, OR THE MATERIALS AND SERVICES CONTAINED ON THE SALES MEDIUM (INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY TO YOU CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE RELATED TO THE SALES MEDIUM, ANY DESTRUCTION OR CORRUPTION OF YOUR COMPUTER EQUIPMENT OR DATA, OR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION CONTAINED ON THE SALES MEDIUM), UNLESS ARISING SOLELY AND DIRECTLY FROM ALL AMERICAN HOMES’S WILLFUL MISCONDUCT.
IN ANY EVENT, YOU AGREE THAT ALL AMERICAN HOMES IS NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS); AND IN NO EVENT SHALL ALL AMERICAN HOMES’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ANY ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SALES MEDIUM. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, LIMITATIONS, OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY ALL AMERICAN HOMES IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ALL AMERICAN HOMES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.
Any references on the sales medium to product or service warranties provided by All American Homes related to products or services already purchased by you are provided for informational purposes only. These references are not intended to extend, republish, or modify any warranties that accompanied the products or services at time of purchase or to create new warranties.
If you provide All American Homes with an email address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold All American Homes responsible for any misuse or unauthorized viewing of that information.
In consideration of your use of the sales medium, you hereby agree to indemnify All American Homes (and any of its third party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to: (i) your (a) breach of these Terms, (b) violation of any person’s or entity’s legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (c) violation of any applicable law, rule or regulation, or (d) negligence, recklessness, or misconduct; or (ii) unauthorized use of your Personal Information by a party other than All American Homes.
Applicable Law and Arbitration of Disputes
All American Homes controls and operates the sales medium from our offices within the United States. If you choose to access the sales medium from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws. You agree that the laws of the State of Indiana (excluding any choice of law rules) govern your rights and obligations relating to All American Homes and your use of the sales medium. Any and all disputes arising under or relating to this sales medium shall be finally resolved by binding arbitration by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon such an award may be entered by any court of competent jurisdiction. The arbitrator will be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration pursuant to these Terms. Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the use of the sales medium shall be in the state court or district federal court for Elkhart, Indiana.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect conforming to All American Homes’s intent for entering into these Terms. No waiver of these Terms shall be deemed a further or continuing waiver of such term or any other term.
Cautionary Language Regarding Forward-Looking Statements
This sales medium contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Investors are cautioned not to place undue reliance on forward-looking statements, which are inherently uncertain. Actual results may differ materially from that projected or suggested due to certain risks and uncertainties including, but not limited to, the potential fluctuations in the Company’s operating results, the condition of the telecommunications industry which purchases modular structures, the impact of performance on the valuation of intangible assets, the availability and the price of gasoline, the Company’s dependence on chassis and appliance suppliers, interest rates, the availability and cost of real estate for residential housing, the ability of the Housing and Building segment to perform in new market segments where it has limited experience, adverse weather conditions affecting home deliveries, competition, government regulations, legislation governing the relationships of the Company with its recreational vehicle dealers, the impact of consumer confidence and economic uncertainty on high-cost discretionary product purchases, further developments in the war on terrorism and related international crises, oil supplies, and other risks identified in the Company’s SEC filings. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. All American Homes does not undertake any obligation to publicly update or revise any forward-looking statements or to conform such statements to actual results. Information contained in press releases is only current as of the date of press release. The information contained on this sales medium is not intended to be and should not be construed as an offer to sell or a solicitation of any offer to purchase any securities.
The graphics contained herein, including, without limitation, all images, logos, compilation and design (the “Materials”), were prepared solely for the purpose of promoting the products, and are the intellectual property, of All American Homes, and all rights thereto are reserved. The Materials, or any part thereof, may be copied and used on the sales aid of any authorized All American Homes dealer for the sole purpose of promoting the products of All American Homes. If any portion of text, images, compilation or design contained on this sales aid are copied and/or used, they must remain intact. Any logos copied and/or used must contain applicable trademark notices as shown on this sales aid and must be used in accordance with applicable trademark laws. No other use of the Materials is allowed without the prior, express, written consent of an authorized representative of All American Homes.
Copyright Agent for Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, All American Homes designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to All American Homes’s designated agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on any sales medium;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
All American Homes’s designated agent for notification may be contacted at:
Legal Department, P.O. Box 3300, Elkhart, Indiana 46515.