Smith Douglas Homes Terms of Use

Smith Douglas Homes LLC and its affiliates (collectively referred to herein as "Smith Douglas Homes," "we," "us," or "our") provides these Terms of Use, which apply to this website (this "Website"), our mobile sites, applications, and mobile interactive features, and our social media pages (collectively, our “Sites”), and email messages we may send you. As used herein, the words "user," "you," and "your" mean individuals who interact with us. By accessing or using our Sites you agree to be bound by these Terms of Use.

Use of The Sites

When you use or visit our Sites, submit content to us, or post or submit any content on our Sites, you grant Smith Douglas Homes an unlimited, non-exclusive, worldwide, non-revocable, perpetual license to reproduce, duplicate, transmit, display, publish, create derivative works, sublicense, and otherwise use any such information for any lawful purpose whatsoever, including marketing, and you agree to hold us harmless with respect thereto.

When you create an online account on our Sites (“Account”), you agree to keep your username and password secure and not share them with others. Creation and use of an Account is subject to these Terms of Use, and you are responsible for all activities that occur under your Account or password.

Ownership and Use of Content

The Site and its content is owned by Smith Douglas Homes or used under license from others with all rights reserved. The reproduction, re-creation, retransmission, or other use of any of the material on the Sites, whether text, visual image, audio, video, or computer software, or the posting or framing on other websites without the express prior written permission of Smith Douglas Homes is expressly prohibited. 

Copyright

Copyright © 2019-2024 Smith Douglas Homes LLC. All rights reserved. The materials on this website, including but not limited to, photographs, images, charts, pictures, graphics, texts, icons, renditions, and floor plans, are original copyrighted materials owned or licensed by Smith Douglas Homes LLC or its affiliates. These materials are protected by federal law against unauthorized copying, reproduction, or use. Website content is provided for informational purposes only. You may not use, distribute, modify, copy, republish, or transmit any of the content or materials without our advance written permission. You agree that any violation of this prohibition will subject you to all legal remedies available to us, including recovery of any losses, fees (including attorneys’ fees) or costs we may incur due to your violation.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe in good faith that materials on our Sites infringes their rights. If you believe material on our Site infringes your copyright, you or your agent may send us a notice requesting us to remove or block the material. Notices must meet the requirements of the DMCA. Notices may be sent to us at: Smith Douglas Homes, Inc., Attn: Chief Legal Officer, 110 Village Trail, Suite 215, Woodstock, Georgia 30188. There are penalties for false claims under the DMCA.

Limitation of Liability and Disclaimer

Some of the information on the Site may contain typographical errors or may be inaccurate or incomplete. Smith Douglas Homes does not warrant the content of the Site is error free or that access to the Site will be uninterrupted. Your use of the Site is at your own risk, and you agree Smith Douglas Homes is not liable for any damages relating to the use of, or reliance upon, the content of the Site, including without limitation damage to your computer equipment or other property from downloading material from the Site.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE SMITH DOUGLAS HOMES LLC., ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, AND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), RELATED DIRECTLY OR INDIRECTLY TO, OR ARISING FROM, YOUR ACCESS TO THE SITES OR YOUR USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THESE DISCLAIMERS AND LIMITATIONS MAY NOT AFFECT YOUR CONSUMER RIGHTS OR LIMIT LIABILITY TO THE EXTENT THEY CANNOT BE LIMITED BY LAW.

Law and Jurisdiction

These Terms of Use shall be governed by, construed, and enforced in accordance with, and subject to, the laws of the State of Georgia, without resort to its choice of law provisions and case law, except to the extent they are superseded or preempted by the laws of the United States or other jurisdictions. If any provision of these Terms of Use is determined to be invalid, unlawful, void, or otherwise not enforceable, you agree the remaining provisions of these Terms of Use will remain in full force and effect. By accessing our Site or using information on our Site, you submit to the exclusive jurisdiction of the state courts in Cherokee County, Georgia or the United States Federal District Court, Northern District of Georgia, to resolve disputes of any kind arising out of your reliance on the information on the Site, or any interaction with Smith Douglas Homes involving the Site. Any claim you have with respect to a Site must be brought within two years and one day after the claim arises.

Fair Housing

Smith Douglas Homes, Inc. and its Affiliates conduct business in accordance with all applicable federal, state, and local fair housing laws. It is our policy to provide equal professional service to all persons regardless of race, color, religion, sex, handicap, familial status, or national origin. 

Successor and Termination

These Terms of Use shall be binding upon and inure to the benefit of Smith Douglas Homes and you and its and your respective heirs, representatives, successors, and assigns. These Terms of Use shall remain in force and effect until terminated by Smith Douglas Homes. In the event of termination of these Terms of Use, restrictions imposed upon you by these Terms of Use, including all disclaimers, waivers, releases, and limitations of liability, shall survive.

Void Where Prohibited

Smith Douglas Homes products, services, and offers may not be available in your state or community. The information on the Sites is not an offer of products or services where Smith Douglas Homes is not doing business or where prohibited by law.

Changes to Terms of Use and Waiver

We may update these Terms of Use from time to time and without prior notice to you. We will indicate at the top of the policy when it was most recently updated. Your use of our Sites after changes have become effective indicates your acceptance of the latest version of these Terms of Use.

No waiver of any provision in these Terms of Use shall be effective unless made in writing signed by Smith Douglas Homes and shall not prevent any subsequent enforcement of these Terms of Use.

Privacy Policy

To view our Privacy Policy, please go to our Privacy Policy.

Contacting Us

If you have any questions about our Terms of Use, you may contact us at: privacy@smithdouglas.com, or at: Smith Douglas Homes LLC, Attn: Chief Legal Officer, 110 Village Trail, Suite 215, Woodstock, Georgia 30188.

Effective Date

These Terms of Use are effective as of the date of the last update as set forth at the top of these Terms of Use.