Terms and Conditions

Terms and Conditions

CONSUMER DISCLOSURE AND CONSENT TO RECEIVE ELECTRONIC AGREEMENTS, NOTICES AND DOCUMENTS

This Consumer Disclosure and Consent to Receive Notices and Disclosures Electronically (the "Disclosure") governs the terms and conditions pursuant to which WJH LLC (“WJH”), a Delaware limited liability company, and you may enter agreements, receive disclosures, contracts, amendments and transact business {“Agreements”) via electronic means. This Disclosure describes your rights and obligations with respect to electronic transactions and disclosures as well as processes that will enable you to exercise these rights and meet these obligations. Please read the information below carefully and thoroughly, and, if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by checking the 'I consent' box to signing and receiving electronic Agreements.

 

  1. Consent to Receive Documents Electronically.By checking the "I accept" box on the appropriate online screen, you are consenting to enter into certain transactions and to receive certain Agreements, documents and information electronically, rather than by "paper" copy or by postal mail. Your consent will remain in effect unless and until you withdraw such consent pursuant to the procedures described below.
  2. Right to Receive Paper Copies of Documents.

At any time, you may request from WJH a paper copy of any record provided or made available electronically to you by WJH. You will have the ability to download and print documents WJH sends to you during your initial online encounter and you may access them for a limited period of time (usually 30 days) after such documents are first presented to you. After such time, you may request delivery of such paper copies from WJH by following the procedure described below.

III. Withdrawing Your Consent to Receive Documents Electronically.

If you decide to receive notices, contracts, amendments and disclosures from WJH electronically, you may at any time change your mind and tell WJH that thereafter you want to receive required Agreements, notices and disclosures only in paper format. The procedure on how to inform WJH of your decision to receive future notices and disclosures in paper format and withdraw your consent to receive Agreements, notices and disclosures electronically is described below.

 

  1. Covered Notices and Disclosures.

The scope of Agreements covered by this consent may include contracts (purchase agreements), amendments and addendums, cancellations, elevation renderings, receipt of deposit acknowledgment, restrictive covenants, warranties and related agreements, disclosures and instructions.

  1. Notices and Disclosures Will Be Sent to You Electronically.

Unless you tell WJH otherwise in accordance with the procedures described herein, WJH may provide, electronically, to you certain required Agreements, notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of WJH's relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, WJH prefers to provide all the required Agreements, notices and disclosures to you in the same method and to the same address that you have given WJH. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let WJH know as described below.

  1. To Advise WJH of a New Email Address.

To let us know of a change in your email address where WJH should send notices and disclosures electronically to you, please contact CenturyCompleteMLS@centurycommunities.com (phone, email and contact person). In the body of such request, you must state your previous email address as well as your new email address. We do not require any other information from you to change your email address.  

VII. To Request Paper Copies from WJH.

To request delivery from WJH of paper copies of the notices and disclosures previously provided by us to you electronically, you must send WJH an email to CenturyCompleteMLS@centurycommunities.com. In the body of such request, you must state your email address, full name, U.S. Postal Address and telephone number. WJH reserves the right to assess a fee for providing such copies.

 

 

 

 

VIII. To Withdraw Your Consent with WJH.

To inform WJH that you no longer want to receive future notices and disclosures in electronic format, you must send WJH an email to CenturyCompleteMLS@centurycommunities.com In the body of such request, you must state your email address, full name, U.S. Postal Address, and telephone number. We do not need any other information from you to withdraw consent. The consequences of your withdrawing consent for online documents may be that transactions may take a longer time to process and confirm.

  1. System Requirements.

In order to contract electronically with WJH and to receive disclosures and notices in electronic format from WJH, you must meet the following equipment and software requirements:

 

  • A personal computer or other device with Internet access;
  • A compatible Internet browser capable of supporting 128-bit SSL encrypted communications from one of the Supported Browsers listed below and your system or device must have 128-bit SSL encryption software;
  • A valid email account;
  • A printer or sufficient hard-drive or other storage space to print or save electronic communications; and
  • Software that permits you to receive and access Portable Document Format or "PDF" files, such as Adobe Acrobat Reader® version 9.0 and above.

 

Supported Computer Browsers

 

For Windows 7 or Windows 8

For Macintosh using OS 10.x

Internet Explorer

9.0 and higher

Not applicable

Firefox

38.0 and higher

38.0 and higher

Google Chrome

42.0 and higher

42.0 and higher

Safari

Not applicable

5.0 and higher

 These minimum requirements are subject to change. If these requirements change in a manner that creates a material risk that you will not be able to access or retain subsequent electronic notices or disclosures, (a) we will provide you with the revised hardware and software requirements, and (b) you will be asked to re-accept (or withdraw your consent to) the Disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported.

  1. No Warranties/Limitation of Liability.

WJH makes no warranty that WJH's electronic delivery of documents to you will be uninterrupted or error free. Further, you are solely responsible for the selection, maintenance and operation of the hardware and software that you use to receive electronic notices and disclosures and otherwise transact business electronically. WJH is not responsible for any errors or failures (or any damages arising out of such errors or failures) resulting from your hardware or software or any virus problems that may be associated with the use of an online service. Further, WJH is not liable for your failure to comply with the terms of this Disclosure (including those relating to withdrawal of your consent), interruptions in the delivery of electronic documents due to problems with your equipment or with communication and transmission lines, or any other occurrence beyond WJH's reasonable control. TO THE EXTENT PERMITTED BY LAW, WJH DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY. WJH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE ACTIVITIES COVERED BY THIS DISCLOSURE, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WJH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Governing Law, Personal Jurisdiction and Forum Selection.

This Disclosure is governed by the laws of the State of Georgia and by the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §§ 7001-7006). By indicating your acceptance, you further acknowledge and agree that any dispute, claim or controversy concerning, arising out of, or connected to this this Disclosure and the electronic transactions and future disclosures contemplated herein, as well as any dispute, claim or controversy arising out of or relating to any interpretation, construction, performance or breach of this Disclosure and the electronic transactions and future disclosures contemplated herein, shall be litigated, if at all, in the courts of Fulton County, Georgia. By indicating your acceptance, you hereby irrevocably consent to and confer personal jurisdiction upon the courts of the State of Georgia, and waives any objections to the personal jurisdiction, subject matter jurisdiction and/or venue of such courts.

XII. Fair Housing.

In compliance with State and Federal Fair Housing Laws, WJH does not discriminate on the basis of race, color, sex, religion, national origin, handicap or familial status. WJH may be unable to fulfill and service contracts in a language that is other than English and future communications may only be in English. If the prospective purchaser is not fluent in English, they should consider obtaining the services of an interpreter or taking other steps to ensure that they understand the transaction fully before entering into it and to obtain future explanations and communications that are delivered in English.  

XIII. Acknowledging Your Access and Consent to Receive Materials Electronically.

To confirm to WJH that you can access this information electronically, which will be similar to other electronic Agreements, notices and disclosures that WJH will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to email this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by checking the 'I consent' box on the appropriate online contract screen.

By checking the 'I consent' box on the appropriate online contract screen, you confirm that:

 

  • You can access and read this electronic CONSUMER DISCLOSURE AND CONSENT TO RECEIVE AGREEMENTS, NOTICES AND DISCLOSURES ELECTRONICALLY document; and
  • You consent to the use of electronic Agreements and signatures
  • You can print on paper the Disclosure or save or send the Disclosure to a place where you can print it for future reference and access; and
  • Until or unless you notify WJH as described above, you consent to receive the covered notices and disclosures electronically; and
  • You fully understand and agree with the terms and conditions set forth herein.