Website Terms and Conditions
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING ANY OF THE SITES:
Your use of the Evergreen Homes, LLC website and related services (the “Services”) is important to us. By using our Services, you agree to these Terms of Use (“Terms”), which are designed to protect both you and Evergreen Homes, LLC and its affiliates (collectively, “Evergreen Homes,” “we,” “us,” or “our”). As used herein, the words “user,” “you,” and “your” mean users of our website(s), network(s), mobile application(s), desktop application(s) and/or the materials and services accessible thereon or therefrom (collectively, the “Sites”). These Terms describe the rules and guidelines for accessing, browsing, or otherwise using our Sites and the Services.
1. Consent to Terms
Please read these Terms carefully. By accessing, browsing, or otherwise using the Services, you confirm that you have read, understood, and agreed to these Terms. If you do not agree with these Terms, you may not use the Services. These Terms apply regardless of how the Services are accessed and cover any technologies or devices by which we make the Services available to you.
2. Impermissible Use
You must not use the Sites for any purpose that is illegal, harassing, libelous, threatening, hateful or that violates the rights of others. You agree that the following actions are prohibited and constitute a material breach of these Terms of Use. This list is not meant to be exhaustive. We reserve the right to determine what types of conduct are an impermissible use of the Sites and to take any measures that we determine to be appropriate in response thereto.
- Use the Services or Sites in any way or take any actions that violates applicable laws, rules or regulations.
- Take any action that imposes an unreasonable or disproportionately large load on the Sites’s infrastructure, servers or otherwise in a manner that may adversely affect performance of the Sites or restrict or inhibit any other user from using and enjoying the Sites.
- Use the Sites for unauthorized framing, linking, or inlining.
- Access the Sites via automated devices, bots, agents, scraping tools, scripts, intelligent search or any similar means of access to the Sites and/or its contents.
- Copy, reproduce, distribute, or exploit any content on the Sites without prior written permission.
- Defame, flame, blast, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, submit, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you have received all necessary consents or rights.
- Hack or threaten the security of the Sites, its servers, and/or its users’ computers/connected devices, including, without limitation, unlawfully accessing the Sites’s servers and/or uploading files that contain malware, viruses, corrupted files, Trojan horses, worms, time bombs, denial of service attacks, any other malicious intrusions and/or any other similar software or programs that may damage the operation of the Sites, its servers, or another’s computer/connected device.
- Use the Sites to make available unsolicited advertising or promotional materials, spam, phishing, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
- Harvest or otherwise collect information about others without their consent.
- Engage in any other action that, in the judgment of the Company, exposes it or any third party to potential liability or detriment of any type.
3. Consent to Communications
By using the Sites, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. The Sites may include web forms, links, email/message buttons and contact information that can connect you with our employees, contractors, agents and/or representatives. The Sites may be used to log and track phone calls, emails, and text messages between you and us. As part of this process, we may receive and store data regarding our communications with you, including the date and time of the interaction, the content thereof, and your contact information. You consent to these practices by us and our employees, contractors, agents and representatives. The information is subject to our Privacy Policy.
4. Intellectual Property
The Sites themselves and all information, content and materials on the Sites including, without limitation, all design, text, images, photographs, graphics, floor plans, logos, renderings, and other materials, are the property of Evergreen Homes or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may view content for personal use only and may not copy, distribute, or use it commercially without our written permission.
5. No Representations and Warranties
Evergreen Homes makes no representation or warranty of any kind with respect to the Sites, including, without limitation, any materials, services and/or information contained therein or thereon. Your use of the Sites is at your own risk. Although we attempt to provide accurate information, the Sites are intended to be for general reference and informational purposes only. We assume no responsibility for errors or omissions regarding the Sites, or in the content thereof, and make no commitment to update the Sites or the content thereof. Similarly, we do not warrant that the content of the Sites is error free or that its access and availability will be uninterrupted. Your sole and exclusive remedy for issues relating to the use of, or the material on, the Sites shall be to discontinue accessing the Sites and using the information or material obtained. You and the Company agree that the Company shall not be liable for any damages relating to your use of, or reliance upon, the Sites or any of its content, including, without limitation, damage to your computer, devices, equipment or other property from using or downloading material from the Sites. When utilizing the Sites please keep the following in mind:
- No Duty to Keep the Sites Updated. Product and other information, including availability, is subject to change at any time. The Sites may contain inaccurate, incomplete, or out-of-date information, in addition to typographical errors. Postings to the Sites are made at such times as determined by us in our discretion. Users of the Sites should not assume that the information contained on the Sites has been updated or otherwise contains current information.
- New Home Offerings are Subject to Change. We reserve the right to modify or change floorplans, materials and features without prior notice or obligation. Such changes may not always be reflected in the Sites or our models. We reserve the right to make changes to home designs and to build more or fewer homes than currently planned. All renderings and floorplans in these materials are an artist’s conceptual drawings and will vary from the actual plans and homes built. Square footage numbers are approximate and may vary depending on the standard measurement used. Photos and/or drawings of homes show upgrades and landscaping and may not represent the lowest-priced homes in the community.
- Pricing is Subject to Change at Any Time. Although every effort has been made to ensure that the prices and terms contained herein are accurate and current, at any time such prices and terms are subject to change, prior sale, selected lot premiums and/or predetermined options. Prices shown refer to the base house and do not include any optional features. Applicable fees and charges may not be disclosed on the Sites.
6. Release, Disclaimer of Warranties, Limitation of Liability and Indemnity
YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY RELEASE EVERGREEN HOMES, ITS OWNERS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (“INDEMNIFIED PARTIES”), FROM AND AGAINST (AND COVENANT NOT TO SUE SUCH ENUMERATED PARTIES FOR) CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST, REGARDLESS OF WHETHER THE CLAIM UNDER WHICH DAMAGES ARE SOUGHT IS BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY (A) YOUR ACCESS TO (OR INABILITY TO ACCESS) THE SITES, (B) YOUR USE OR ATTEMPTED USE OF THE SITES, AND (C) ANY INFORMATION OR MATERIAL CONTAINED ON THE SITES. WITHOUT LIMITING THE FOREGOING, THE SITES AND EVERYTHING THEREON IS PROVIDED TO YOU “AS IS, WHERE IS,” AS AN ACCOMODATION, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED ON THE SITES WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
YOU SHALL INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIM, CLAIM FOR RELIEF, DEMAND, DAMAGE, INVESTIGATION, LOSS, LIABILITY, EXPENSE, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND ALL COSTS OF INVESTIGATION, SETTLEMENT AND APPEAL, ARISING OUT OF, RESULTING FROM OR RELATING TO ANY FAILURE BY YOU TO COMPLY WITH THESE TERMS OF USE.
7. Links to Third-Party Websites
The Sites may contain links to third-party sites. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites and therefore are not responsible for the privacy practices or content of those sites. You access such third-party websites or content at your own risk.
8. Fair Housing
We are pledged to the letter and spirit of the Federal Fair Housing Act, which prohibits any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status or national origin, or the intention to make such preference, limitation or discrimination. All real estate information provided on the Sites, along with each of our advertising and marketing promotions, is subject to the Federal Fair Housing Act and any additional requirements imposed by your state or local jurisdiction. We are proud that all homes advertised by us are available on an equal opportunity basis. Any photographs or renderings of people do not depict or indicate any preference regarding race, religion, gender, sexual orientation, disability, familial status or national origin.
10. Website Accessibility
We are committed to making our website accessible to all users. If you experience any difficulty accessing information or functionality, please contact us by email at info@evergreenhomesmi.com or by phone at (734) 981-9000 and we will assist you promptly.
11. Changes to These Terms
We reserve the right to modify these Terms at any time. Any changes will be posted on this website, and your continued use of the Services constitutes acceptance of the updated Terms.
12. Miscellaneous
These Terms are governed by the laws of the State of Michigan, without regard to its conflicts-of-law principles. If any provision of these Terms is determined to be invalid, unlawful, void or otherwise not enforceable, you agree that such provision will be deemed severable from the remaining provisions of these Terms, which remaining provisions will remain in full force and effect. By accessing the Sites, or using any information thereon, you submit to the exclusive jurisdiction of the state and federal courts located in Oakland County, Michigan, to resolve disputes of any kind relating to the Sites, any materials thereon, or any interaction with the Company involving the Sites. Any claim or cause of action you have with respect to the Sites and/or the content thereof must be brought within one (1) year after the claim or cause of action arises. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
13. Contact Us
If you have any questions about these Terms or your use of the Services, please contact us by email at info@evergreenhomesmi.com or by mail at:
Evergreen Homes LLC
Attn: Legal Department
6632 Telegraph Road, #215
Bloomfield Hills, MI 48301
Effective Date: November, 2025
