HEADWAY HOMES® — TERMS OF SERVICE
(Last Updated: 31 Jan 2017)
These Terms of Service (“Terms”) constitute a binding legal agreement between you (“you” or “User”) and Headway Homes, LLC (“Headway Homes,” “we,” “our,” or “us”). They govern your access to and use of https://www.headwayhomes.org and all associated sub-sites, mobile versions, e-commerce storefronts, resident portals, customer-service channels, and any software or applications we make available (collectively, the “Site”), as well as all housing-rental, payment, product-sale and support services we provide (collectively, the “Services”).
By accessing or using the Site or Services you agree to be bound by these Terms, our posted Privacy Policy, and any additional guidelines or policies referenced herein. If you do not agree, do not access or use the Site.
1 Eligibility & Acceptance
1.1 Age & Authority. You must be at least 18 years of age (or the age of majority in your jurisdiction) and able to form a legally binding contract to use the Services. By agreeing, you represent and warrant that you meet these requirements and have authority to enter these Terms on behalf of yourself or any entity you represent.
1.2 Updates. We may modify these Terms at any time. Material changes take effect when posted and apply prospectively. Continued use after changes are posted constitutes acceptance. Review the “Last Updated” date regularly.
2 Scope of Services
2.1 Rental Services. We advertise, lease, and manage single-family residences. Features include online applications, background screening, electronic lease execution, rent and fee payment, maintenance requests, and resident communications.
2.2 E-Commerce. We sell fencing, railing, and other home-improvement products through the Site (the “Storefront”). Ordering, payment and delivery terms appear in §§ 6–7.
2.3 SMS & Email Alerts. Optional promotional and transactional text messages or emails are governed by our Privacy Policy and applicable marketing laws. Message frequency, opt-out instructions, and carrier disclaimers appear on the sign-up screen or in each message.
3 Accounts & Accuracy
3.1 Registration. Certain functions require an account. You agree to provide truthful, current, and complete information and keep it updated.
3.2 Credentials. You are responsible for maintaining the confidentiality of any credentials and for all activity that occurs under your account. Notify us immediately of unauthorised use.
3.3 Verification. We may ask you to verify identity, payment method, or property ownership and may reject or suspend access if information is inaccurate or cannot be confirmed.
4 User Conduct & Restrictions
You agree not to:
violate any applicable law or regulation;
scrape, crawl, index, mine, or harvest data from the Site without our prior written consent;
decompile, disassemble, reverse-engineer, or attempt to derive source code;
disrupt, interfere with, or compromise the integrity or security of the Site;
impersonate another person or misrepresent affiliation;
distribute malware, spam, chain letters, or pyramid schemes;
use any automated means (robots, spiders, crawlers, scripts) to access the Services except with express permission;
reproduce, display, or frame the Site or its content on another website without express permission;
assist or encourage any third party to do the foregoing.
Failure to comply may result in suspension or termination (§ 14) and potential civil or criminal liability.
5 Intellectual Property
5.1 All content, trademarks, service marks, trade dress, logos, software, databases, and compilations appearing on the Site (collectively, “IP”) are owned by Headway Homes or its licensors and are protected by U.S. and international laws.
5.2 Except as expressly permitted, no licence or right in the IP is granted to you. You may view, download, and print individual pages for your personal, non-commercial use, provided that you do not remove proprietary notices.
6 Orders, Pricing & Payment (Storefront)
6.1 Placing Orders. By submitting an order you offer to buy, under these Terms, the products listed. All orders are subject to acceptance and availability.
6.2 Pricing. Prices are listed in U.S. dollars and do not include applicable taxes, shipping, handling, or installation unless expressly stated. We reserve the right to correct pricing errors and cancel or refund affected orders.
6.3 Payment Methods. We accept major credit/debit cards, ACH, or other methods displayed at checkout. You authorise us to charge your payment method for the total amount.
6.4 Fraud Screening. Orders may be declined or delayed pending verification.
7 Shipping, Delivery, Returns
7.1 Delivery Times. Stated shipping or delivery dates are estimates. Title and risk of loss transfer to you upon our delivery to the carrier.
7.2 Inspection. Inspect products on arrival. Notify us and the carrier within 48 hours of visible damage.
7.3 Return Policy. Eligible items may be returned within 30 days of delivery in unused, resalable condition. Custom-cut or installed fencing components are non-returnable unless defective. Return instructions are on the Site; you are responsible for return freight unless the product is defective or we erred.
7.4 Refunds. Refunds are processed to the original payment method within a reasonable time after receipt and inspection of the returned item.
8 Rental Fees & Payments
8.1 Rent. Rent, deposits, late fees, and other charges due under a written lease must be paid by the due date using accepted payment methods. Online-payment vendor terms apply.
8.2 Returned Payments. You may incur NSF or chargeback fees where payments fail. We reserve all remedies under the lease and state law.
9 Third-Party Services & Links
Certain Site features, screening functions, payment gateways, or delivery logistics are provided by third-party vendors. Your use of those features may be subject to the vendor’s terms of service and privacy policy. We are not responsible for third-party sites or services and make no warranties regarding them.
10 Disclaimer of Warranties
The Site and Services are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that defects will be corrected.
11 Limitation of Liability
To the fullest extent permitted by law, Headway Homes and its officers, directors, employees, agents, affiliates, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits or data, arising out of or in connection with the Site or Services, even if advised of the possibility. Our aggregate liability for direct damages shall not exceed the greater of (a) $100 or (b) the amount you paid to us for the applicable product or service in the preceding six months.
Certain jurisdictions do not allow exclusions of certain damages; in such cases our liability shall be limited to the maximum extent permitted by law.
12 Indemnification
You agree to defend, indemnify, and hold harmless Headway Homes and its affiliates from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your: (i) use or misuse of the Site or Services; (ii) violation of these Terms; or (iii) infringement of any intellectual-property or privacy rights.
13 Dispute Resolution & Arbitration
13.1 Informal Resolution. Before filing a claim, you agree to contact us at legal@headwayhomes.org and attempt to resolve the dispute informally for at least 30 days.
13.2 Binding Arbitration. If unresolved, any claim or dispute arising out of or relating to these Terms or the Services shall be settled by binding arbitration conducted by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall be held in Maricopa County, Arizona, unless the parties agree otherwise, and shall be conducted in English.
13.3 Class-Action Waiver. Claims must be brought on an individual basis; class or representative actions are not permitted.
13.4 Small-Claims Exception. Either party may bring qualifying claims in small-claims court in the county of your residence or Maricopa County, Arizona.
13.5 Equitable Relief. Either party may seek interim injunctive relief in a court of competent jurisdiction to protect rights pending arbitration.
14 Suspension & Termination
We may suspend or terminate your account or access to the Site at any time, with or without notice, for conduct that we believe in our sole discretion violates these Terms or applicable law, or is harmful to the interests of Headway Homes, Users, or third parties.
15 Modification or Discontinuance of Services
We continually improve our offerings and may add, modify, or discontinue any Service or feature at any time without liability. Where required by law or contract we will provide advance notice of material changes.
16 Miscellaneous
Entire Agreement. These Terms and any referenced policies constitute the entire agreement and supersede all prior or contemporaneous communications.
Severability. If any provision is unenforceable, the remainder will remain in effect and be construed to give effect to the parties’ intent.
Assignment. We may assign these Terms; you may not assign or transfer your rights without our written consent.
No Waiver. Our failure to enforce any provision is not a waiver of future enforcement.
Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, labor disputes, internet outages, supply-chain disruptions).
Governing Law. These Terms are governed by the laws of the State of Arizona (excluding conflict-of-law rules), except as pre-empted by federal law.
Notices. Legal notices must be sent to: Headway Homes LLC, Attn Legal, P.O. Box 26746, Little Rock AR 72221, USA. Notices to you may be sent to the e-mail or postal address on your account or posted to the Site.
17 Contact
QUESTIONS
Headway Homes
17200 Chenal Parkway Suite 300 #352
LITTLE ROCK, AR 72223
Phone: (415) 340-7988
Email: help@headwayhomes.org
Your continued use of the Site constitutes your agreement to these Terms. Thank you for choosing Headway Homes®—we’re excited to serve your housing and fencing needs!