This Site is owned and/or operated by TMack Homes. The following terms and conditions govern the use of information, materials and documents being made available to you at this website. By accessing or using this Site, you agree to all terms and conditions and acknowledge having been provided all such notices and disclaimers contained or referenced herein and other terms on this Site (the “Terms of Use”). If you do not agree to these Terms of Use please do not use this Site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. We are not obligated to provide you with an updated Terms of Use by any means other than by posting here.



Use Limitations


This Site is prepared and designed to provide you with information about TMack Homes. You may not modify or copy, distribute, transmit, display, perform, or create derivative works from information or material on this Site unless specifically authorized by a separate writing from TMack Homes. Any use of images, floorplans or other intellectual property contained on this Site are subject to all United States and international laws on intellectual property and you are not authorized to use or disseminate any such materials for any purposes whatsoever; however, you may print out images for your own personal use as though you were viewing them on the Site, but may not use them for any other purpose. Certain images may not be owned by TMack Homes and your subsequent use may be a violation of the copyright or trademark of others and is unauthorized and is at your own risk and expense.


TMack Homes does not warrant the accuracy or completeness of the information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the content of this Site, typographical or otherwise, and shall have no liability for damages of any kind arising out of information contained on this Site or linked to this site. Your use of any of the information garnered from this Site is at your own risk and it should not be relied upon in connection with making any decisions.


The Site and all the contents contained herein are provided “as is” and “as available” without warranty of any kind. To the extent permitted under applicable law, TMack Homes disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, habitability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not permit exclusion of implied warranties, so the above exclusion may not apply to you; however, it is the intention of TMack Homes to any viewer that all warranties be waived to the extent permitted by law.



By using this Site, you represent, warrant and covenant that:


(A) You will not upload, post or transmit to or distribute or otherwise publish through the Site any materials which:


(i) restrict or inhibit any other user from using and enjoying the Site or service,


(ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, pornographic, or sexually explicit,


(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law,


(iv) violate or infringe the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right,


(v) contain a virus or other harmful component,


(vi) constitute or contain false or misleading indications of origin or statements of fact; and


(B) You will use the site and service in accordance with these Terms of Use.



Limitation of Liability


TMack Homes grants a limited license to viewers to download or print pages from the Site for individual use only, and not for any commercial purposes or dissemination. TMack Homes has the right at any time to change, modify, add to or discontinue any aspect or feature of the Site. TMack Homes has no continuing obligation to update this Site, correct errors, or fix technical glitches. Your use and interaction with this Site for whatever purpose are at your choice and at your own risk. If you encounter any issues or problems relating to the content on or use of this Site, you should discontinue any use of the Site immediately.


You agree that TMack Homes shall not be liable for any damages that result due to the use or reliance on information contained on this Site. TMack Homes has no obligation to maintain the current nature of any information contained herein or the accuracy of any information provided. It is provided only on as an accommodation based upon the efforts of available personnel and should not substitute a thorough investigation of any of the information available to be viewed.


Furthermore, TMack Homes does not warrant or represent in any manner the security associated with the use of this Site. The Internet is rampant with programs that may affect, infect or otherwise impact computer usage. TMack Homes will not be responsible for any damages to users or any other third party or their equipment, data or anything else imaginable that may result due to use of our Site or from the use or the downloading of any materials from our Site.


Children – This Website is directed to adults and is not directed to children under the age of 18. Company complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. Minors between the ages of 13 and 17 must obtain the permission of their parent(s) or legal guardian(s) before using this Website. If your children disclose information about themselves in publicly accessible areas of the Website, they may receive unsolicited messages from other parties. Accordingly, you should tell them not to do so. This Privacy Policy will be posted on the Website.



Indemnification and Release


You hereby agree to indemnify and hold harmless TMack Homes, its subsidiaries and affiliates, and any of the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of TMack Homes and/or their affiliates, from any and all claims, liability, damages and/or costs (including, but not limited to, attorneys fees) they incur arising as a result of your use of this Site and the services, your violation of the Terms of Use, or your infringement of any intellectual property or other right of TMack Homes, their affiliates or any person or entity. You further release TMack Homes from all claims, demands, obligations and duties of every kind and nature, known and unknown arising out of any information provided herein or any information omitted herein which may be important to you. Other than your agreement to abide by these Terms of Use, nothing on this Site shall impose any liability on TMack Homes nor shall it be used to establish any representation, warranty or agreement of TMack Homes to you in connection with any other agreement or any other transaction you may have with TMack Homes and its affiliates.