HAUS+ Company and its subsidiaries and affiliates (collectively, “HAUS+”) make this website, www.hausplus.com (the “Site”), and all HAUS+ websites, applications, products, services, and devices (collectively, the “Services”) that link or refer to these Terms of Use (this “Agreement”), available for your use subject to the terms and conditions set forth below.

 

HAUS+ respects your privacy; please review our Privacy Policy, which is a part of this Agreement, and is incorporated herein by reference.

 

By accessing or using the Services in any way, including use of any of the content, posting of any content, downloading of any content, or merely browsing the Site, you agree to and are bound by this Agreement, and if you do not accept any of the terms of this Agreement and/or you do not meet or comply with their provisions, you may not use the Site or the Services.

 

Changes to Terms

 

We may revise and update this Agreement from time to time, and will post the updated Agreement to the Site. Unless otherwise stated in the amended version of this Agreement, any changes to this Agreement will apply immediately upon posting. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of the Site or the Services will constitute your agreement to any new provisions within the revised Agreement.

 

Separate Agreements; Additional Terms; Third-Party Content and Services

 

You may have other agreements with HAUS+, such as unit purchase agreements or terms and conditions of sale. Those agreements are separate and in addition to this Agreement. This Agreement does not modify, revise, or amend the terms of any other agreements you may have with HAUS+.

 

When using content on this Site offered by HAUS+ or using the Services, you may be subject to terms applicable to such content or Services, in addition to the terms in this Agreement. To use this Site and the Services, you must agree to such additional terms, where applicable.

 

Through this Site or the Services, HAUS+ may also make available or use materials, information, products, including software and/or services provided by third parties (collectively, the “Third-Party Content/Services”). The Third-Party Content/Services are governed by separate agreements that accompany such content and/or services, such as applicable terms of use (collectively, “Third-Party Terms”). In order to set up the Services for you, HAUS+ may agree to Third-Party Terms on your behalf. However, you are not obligated to use such Third-Party Content/Services, and you must not use such Third-Party Content/Services if you do not agree to the applicable Third-Party Terms.

 

HAUS+ offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Content/Services. You agree that, with respect to the Third-Party Content/Services, you will abide by applicable Third-Party Terms and you will defend, indemnify, and hold HAUS+, its affiliates, and their officers, directors, shareholders, members, employees, agents, and contractors harmless for any claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from your use of Third-Party Content/Services.

 

Jurisdiction

 

The Site and the Services are directed to those individuals and entities located in the United States. We do not direct our Site or Services to any person or entity in any jurisdiction where (because of nationality, residence, citizenship, or otherwise) the publication or availability of the Site, its content, and the Services are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use this Site, the Services, or any related content. HAUS+ makes no representation that the information, opinions, advice, or other content on the Site is appropriate or that its Services are available outside of the United States. Those who choose to access this Site or the Services from other locations do so at their own risk and are responsible for compliance with applicable local laws.

 

Your License to Access and Use the Site and the Services

 

The contents of the Site and Services, and the Site and Services as a whole, are intended to primarily facilitate HAUS+’s business of selling partially prefabricated housing units, as set-forth and defined by HAUS+ and subject to change by HAUS+ at any time, in HAUS+’s sole discretion. All written content prepared and posted by HAUS+, and the Site design, object and source code, layout, look, appearance, and graphics on the Site, as well as the trademarks, service marks, and logos contained on our Site and Services (collectively, “HAUS+ Content”) are owned by or licensed to HAUS+ and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. HAUS+ reserves all rights not expressly granted in, and to, the Site, the Services, and the HAUS+ Content.

 

Except as otherwise provided in this Agreement, no part of the Site, the Services, or the HAUS+ Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use or purpose, without HAUS+’s prior express written consent. HAUS+ reserves all rights in and to the Site, Services, and HAUS+ Content not expressly granted to you in this Agreement.

 

On the condition that you comply with all your obligations under this Agreement, HAUS+ grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and the Services. Any use of the Site or Services in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site, the Services, or both. Your access to this Site and Services is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any content or products we provide on the Site or through the Services without notice.

 

Your Content and Suggestions

 

The Site includes features that involve information that you upload, submit, store, or send through the Site (for example, blog comments and product reviews) (“Your Content”). This Section provides the terms and conditions governing your use of such features.

 

(a) License to Your Content

 

By submitting Your Content to the Site, you grant HAUS+ a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform Your Content. You represent and warrant that you have the necessary rights to Your Content, including the right to assign or grant a license to your rights in this Agreement. Please do not submit Your Content to the Site if do not wish to grant us the aforementioned rights.

 

(b) Your Suggestions

 

We welcome your comments regarding the Site, HAUS+ Content, the Services, and our products. In addition to the aforementioned license you grant to us for Your Content, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us in connection with or related to the Site, the Services, and HAUS+’s products (including any related technology), whether you send such information or materials to us through the Site, through the Services, or through a separate communication channel, you grant us a non-exclusive, perpetual, royalty-free, irrevocable right to use, implement, disclose, reproduce, modify, license, transfer and otherwise distribute, create derivative works of, display, perform, and exploit any such information or materials in any manner. Please do not send us such information or materials, if you do not wish to grant us the aforementioned rights.

 

(c) Prohibited Content

 

You agree that you will not—and you will not assist or encourage a third party to—use the Site or Services to send, post, or publish:

 

• any content that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially or ethnically offensive, hateful, or embarrassing to any other person or entity

• any message, data, code, or software that would violate our, or any third party, proprietary or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing fashion

• any personal information of a third party, or images that include a third party or depict a third party’s likeness, without the third party’s express, written consent

• any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk e-mail lists

• any materials that violate, could cause us or a third party to violate, or encourage us or a third party to violate any applicable law, statute, ordinance, or regulation

• any content or communications intended to impersonate someone else.

 

(d) Your Responsibility for Your Content

 

Your Content is your sole responsibility. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of Your Content. HAUS+ further reserves the right to monitor delete or modify any of Your Content that it deems offensive, inappropriate, advertising, illegal, off-topic, or otherwise violates this Agreement. HAUS+ further reserves the right to terminate a user’s access to the Site, for any reason, at its sole discretion. HAUS+ reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. HAUS+ has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

 

HAUS+ may suspend or terminate, in whole or in part, your access to the Site and the related services if you violate the terms and conditions set forth in this Section. If your violation of this Agreement is related to the purchase of a product on the Site, HAUS+ may also cancel or void any related purchase order.

 

Other Restrictions on Your Use of the Site and the Services

 

In addition to complying with terms and conditions in the previous Section concerning Your Content, you agree that when using the Site or the Services, you will not:

 

• Delete, modify, or attempt to change or alter any of the HAUS+ Content or notices on the Site;

• introduce into the Site or Services any virus, rogue program, time bomb, drop dead device, back door, Trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Site or the Services, or to otherwise harm other users, HAUS+ Content, or any third parties, or perform any such actions;

• use the Site or the Services to commit fraud or conduct other unlawful activities, including but not limited to using stolen payment information to make a purchase;

• access or attempt to access any other person’s account, information, or content without permission;

• copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Site or the Services are based;

• use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site or the Services for any reason;

• use any HAUS+ Content made available through the Site or the Services in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;

• decrypt, transfer, frame, display, or translate (except translations for personal use) any part of the Site or the Services; and

• connect to or access any HAUS+ computer system or network without authorization or use the information in the Site or the Services to create or sell a similar service.

 

HAUS+ may suspend or terminate, in whole or in part, your access to the Site, the Services, or both if you violate the terms and conditions set forth in this Section. If your violation of this Agreement is related to the purchase of a product on the Site, HAUS+ may also cancel or void any related purchase order.

 

Links

 

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, HAUS+ does not control or endorse such websites and is not responsible for their products, services, or content; nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. This Agreement applies only to HAUS+’s Site and the Services HAUS+ offers. If you decide to access any of the third-party sites linked to the Site, you do so at your own risk, and you should review the terms and conditions and privacy policies of such third-party sites. HAUS+ reserves the right to terminate any link or linking program at any time. HAUS+ disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such websites.

 

No Warranties

 

Except as expressly provided otherwise in a written agreement between you and HAUS+ or you and a third party with respect to such third party’s content or products on the Site, the Site, the Services, and all content accessible through the Site and Services, are provided “as is” without warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, HAUS+ makes no warranty that: (I) the Site, Services, and content will meet your requirements; (ii) the Site, Services, and content will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site, Services, or content will be effective, accurate, or reliable; (iv) the quality of any content accessible by you through the Site or the Services will meet your expectations; and (v) any defects in the Site, content, or Services will be corrected.

 

The use of the content, Services, or the downloading or other use of any content or communications through any portion of the Site is done at your own discretion and risk. HAUS+ assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any content, services, communications, or email offered through the Site. No advice or information, whether oral or written, obtained by you from HAUS+ or through or from the Site shall create any warranty not expressly stated in this Agreement.

 

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last. In the event the exclusion of implied warranties or limitations contained in this Agreement shall be determined by a court to be invalid or unenforceable, then such provisions shall be reformed to the maximum limitation permitted by applicable law. To the extent permissible, any implied warranties are limited to 90 days.

 

Limitation of Liability

 

You expressly agree to waive and hereby waive, such agreement and waiver being an essential part of this Agreement, any and all claims and liabilities against HAUS+ that arise from your use of the Site, the Services, content, or products in violation of any federal, state or local laws or regulations.

 

Under no circumstances, shall HAUS+, its affiliates, or any of their officers, directors, shareholders, members, employees, agents, or contractors be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site or any content or services related to the Site.

 

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including loss of data, income or profits), whether in contract, negligence, gross negligence, or other tortuous action, even if an authorized representative of HAUS+ has been advised of or should have known of the possibility of such damages.

 

If you are dissatisfied with the Site, the Services, any content on the Site or the Services, or with this Agreement, your sole and exclusive remedy is to discontinue using the Site, Services, or content. You acknowledge, by your use of the Site or the Services, that such usage is at your sole risk and you accept the terms and conditions stated in this Agreement, including the limitation of liability and disclaimers set forth herein.

 

Some states or jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. In the event the exclusion or limitation of liability for consequential or incidental damages contained in this Agreement shall be determined by a court to be invalid or unenforceable, then such provisions shall be reformed to the maximum limitation permitted by applicable law. In any event, the total maximum aggregate liability under this Agreement or the use or exploitation of any or all parts of the Site, content, or the Services in any manner whatsoever shall be limited to one hundred dollars ($100.00).

 

This limitation of liability may be different in connection with specific products and services offered by HAUS+.

 

Indemnity

 

You agree to defend, indemnify, and hold HAUS+, its affiliates, and their officers, directors, shareholders, members, employees, agents, and contractors (collectively, the “HAUS+ Indemnitees”), harmless from and against any and all claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) resulting from, or alleged to result from, your use of the Site, your use of the Services, your provision of or use of any data, your use of Third Party Content/Services, or your violation of this Agreement.

 

If you purchase or lease your HAUS+ home or unit from any person or entity other than HAUS+, you agree for yourself, your spouse, your partner, your heirs, your administrators or your executors, to forever waive, release, and discharge any and all rights or any and all claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) that you may have or incur or that may hereinafter accrue against the HAUS+ Indemnitees.

 

Governing Law and Arbitration

 

This Agreement shall be governed in all respects by the laws of the State of California, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Agreement, this Agreement will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

 

Except as regarding any action seeking equitable relief, including for the purpose of protecting HAUS+’s confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to this Agreement, or the use of the Site or Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Marin County, California.

 

Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

 

No Professional Advice

 

The information available on the Site or through the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. It is not professional advice, and should not be construed as such.

 

Accounts and Security

 

HAUS+ may offer a registered user account to its users. You are responsible for any use of the Site or Services or other activity that occurs through the use of your account, including without limitation any use of your account by any other third party.

 

As part of the registration process, each user will select, at a minimum, a password and login name. You shall provide HAUS+ with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not: (i) select or use a login name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a login name that HAUS+, in its sole discretion, deems inappropriate or offensive. You shall immediately notify HAUS+ of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at HAUS+’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

 

Digital Millennium Copyright Act

 

HAUS+ respects the intellectual property rights of others and expects our users to do the same. HAUS+ investigates notices of copyright infringement and takes appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c), as follows:

 

For purposes of providing written notice under the DMCA, HAUS+ has designated an agent with the United States Copyright Office (“Copyright Agent”). All written notification, pursuant to the DMCA, must be submitted to the designated Copyright Agent at the following address:

 

DMCA Complaints Email: info@hausplus.com

 

If you are a copyright owner or agent thereof and believe that third-party submitted content or materials, including photographs and digital images (each a “Third-Party Submission”), available through this Site infringes upon your copyrights, you may submit written notification, pursuant to the DMCA, to HAUS+’s Copyright Agent, identified above. To be effective, the written notification must include:

 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly 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 HAUS+ to locate the material;

• information reasonably sufficient to permit HAUS+ to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; and

• a statement that the complaining party has 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; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

If you believe that your Third-Party Submission, which was removed (or to which access was disabled), is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent or authority under the law, to publish or use the Third-Party Submission, you may submit a written counter-notice, pursuant to the DMCA, to HAUS+’s Copyright Agent, identified above. To be effective, the written counter-notice must include:

 

• Your physical or electronic signature;

• 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 you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

• 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 your address is located (or Marin County, State of California, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.

 

If a counter-notice is received by HAUS+’s Copyright Agent, HAUS+ may send a copy of the counter-notice to the original complaining party (or agent thereof) informing that person that HAUS+ may replace the removed Third-Party Submission or cease disabling it in ten business days. Unless the copyright owner (or agent thereof) files an action seeking a court order against the provider of the Third-Party Submission, the removed Third-Party Submission may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at HAUS+’s sole discretion.

 

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider (such as or including HAUS+), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether Third-Party Submission infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.

 

Miscellaneous Terms

 

(a) Complete Agreement. This Agreement constitutes the entire agreement between you and HAUS+ relating to your use of, and access to, the Site and the Services and supersedes any prior or contemporaneous agreements or representations. This Agreement may not be amended except as set forth in this Agreement. For avoidance of doubt, notwithstanding this Section of the Agreement, this Agreement does not modify, revise, or amend the terms of any other agreements you may have with HAUS+.

 

(b) Construction. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of this Agreement as possible.

 

(c) Headings. Descriptive headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of this Agreement.

 

(d) No Waivers. Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision.

 

(e) No Assignments and Transfers. No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express written consent and in our sole discretion.

 

(f) Language of this Agreement. Although this Agreement may be translated into other languages, the English language version of this Agreement shall control in any dispute between the parties.

 

(g) No Third Party Beneficiaries. Nothing in this Agreement will confer upon any person, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.

 

(h) Notices. You can provide any notices to us under this Agreement by e-mail to info@hausplus.com. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or through posting notices to your account. You are responsible for providing HAUS+ with up-to-date contact information, which you may do by updating your account information through the Site or by emailing us at info@hausplus.com. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.

 

Contact Information

 

If you would like to request additional information regarding this Agreement, please contact us at info@hausplus.com.

 

Effective as of January 20, 2024