Last update: August 2024
Please read these Website Terms of Use carefully (the “Terms”). These Terms are a binding legal agreement between you and Cherry Creek, LLC (“Cherry Creek,” “us,” “we,” or similar terms). “You” means you, the individual using this website (including all subordinate web pages and sections), as well as any other person or entity on whose behalf you are using this website or who may have rights through you. You agree to these Terms by doing any of the following: (a) using or visiting the website (including mobile websites), applications, or other services on which these Terms appear (collectively, Cherry Creek, LLC); and/ or (b) clicking an “I Agree” or similar button or link in connection with creating and account or submitting information to or through Cherry Creek, LLC.
These Terms may change from time to time. If we make changes, we will let you know by posting the changes on our website. Your continued use of the website after any change constitutes your agreement to the revised Terms. These Terms and any other legal terms found elsewhere on this website are the entire agreement between you and Cherry Creek with respect to your use of Cherry Creek. These Terms and other legal terms on Cherry Creek supersede any and all other understandings or agreements, written or oral, specifically regarding your use of our website. These Terms, however, are in addition to, and not in lieu of, any other separate agreement between you and Cherry Creek – for example if you have signed a Purchase Agreement to purchase a home through us.
You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Cherry Creek may, in its sole discretion, and at any time, discontinue Cherry Creek, LLC or any part thereof, with or without notice, or may prevent your use of Cherry Creek with or without notice to you. You agree that you do not have any rights in this Cherry Creek property and that Cherry Creek will have no liability to you if Cherry Creek is discontinued or your ability to access Cherry Creek or any content you may have posted on the Cherry Creek, LLC is terminated.
Copyright
Copyright © 2024 Cherry Creek, LLC. All rights reserved. The materials on Cherry Creek, LLC, including without limitation, all text, digitally downloadable files, trademarks, logos, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are original copyrighted materials owned or licensed by Cherry Creek or its subsidiaries and/or affiliates. These materials are protected by federal law against unauthorized copying and reproduction. Our website content is provided for your personal informational purposes only. You may print a single hard copy for your personal use. You may not otherwise use, download, display, reproduce, copy, modify, distribute, republish, or transmit any of the content or materials from Cherry Creek, LLC, for any reason, without written permission from Cherry Creek. You further agree that you will not use Cherry Creek, LLC in any manner that is likely to cause confusion, that disparages or discredits Cherry Creek, that dilutes the strength of Cherry Creek, LLC, or that otherwise infringes Cherry Creek’s or its licensors’ intellectual property rights. You agree that if you violate any of these prohibitions, you may be subject to all legal remedies available to Cherry Creek. You will also be responsible for any losses, attorneys’ fees or costs Cherry Creek may incur due to your violation and Cherry Creek’s pursuit of its legal remedies as a result thereof.
Trademarks and Service Marks
These are some of the trademarks and service marks that belong to us or our related companies: CHERRY CREEKÔ. Cherry Creek also has trademark rights to other marks that may not be listed here, registered and unregistered, including its several logos and designs.
YOU MAY NOT USE THESE MARKS WITHOUT EXPRESS WRITTEN PERMISSION. You agree that if you violate this prohibition, Cherry Creek will pursue all of its legal remedies. You will be responsible for any losses, attorney’s fees or costs Cherry Creek may incur due to your violation and Cherry Creek’s pursuit of its legal remedies as a result of the violation.
Cherry Creek, LLC also contains trademarks and service marks that belong to third parties. These other trademarks and service marks are the property of their respective owners. If a third party makes a claim or initiates suit against Cherry Creek due to your use of these other marks without the permission of the proper party, you agree to indemnify and hold Cherry Creek harmless from such claim or suit. You also agree to reimburse Cherry Creek for all losses, attorneys’ fees and costs that Cherry Creek incurs in connection with such claim or suit.
Passwords
Certain parts of Cherry Creek, LLC may require a password. Cherry Creek may provide you with a password or permit you to select your own password. It is your responsibility to select a sufficiently strong password and to keep your password confidential and secure. You should also take care to log off (close your browser) after using your password on the website. You are responsible for any and all interactions or activities that occur on Cherry Creek, LLC using your password and/or your account. You agree to notify Cherry Creek immediately of any unauthorized use of your password or account. Cherry Creek is not responsible for any delay in suspending or shutting down your account after you have reported such unauthorized use. You further agree not to email, post, or otherwise disseminate any User ID, password or other information which provides access to Cherry Creek, LLC or your account. Cherry Creek is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Restrictions on Use
The following requirements apply to your use of the Cherry Creek, LLC: (a) you will not use any electronic communication feature of Cherry Creek for any purpose that is unlawful, fraudulent, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users or any third-party; (d) you will not use Cherry Creek, LLC for any commercial transactions that are unrelated to the purposes for which the Cherry Creek was provided; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; and (g) you will not access or attempt to access any information, data, account, or portion of Cherry Creek, LLC to which you have not explicitly been granted access.
From time to time on certain areas of Cherry Creek, LLC you may be able to submit reviews and certain other materials (“User Content”). By using these features, you agree that you will not post any User Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Cherry Creek; that you will not post any User Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Cherry Creek, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of Cherry Creek, LLC, or feature of Cherry Creek, LLC. You further understand and agree that you have no ownership rights in any account you may have with Cherry Creek, or other access to the Cherry Creek, LLC or features therein. Cherry Creek may suspend or cancel your account and delete all User Content associated with your account at any time, and without notice, if Cherry Creek deems that you have violated these Terms, the law, or for any other reason. Cherry Creek assumes no liability for any information removed from Cherry Creek, LLC, and reserves the right to permanently restrict access to the Cherry Creek, LLC or a user account.
By submitting, displaying, publishing, or otherwise posting any User Content on or through Cherry Creek, LLC, you hereby grant Cherry Creek an unlimited, non-exclusive, sub-licensable, worldwide, fully-paid, perpetual and irrevocable, royalty free license to use, modify, publicly perform, publicly display, remove, delete, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the User Content submitted, displayed, published or posted by you on Cherry Creek, LLC and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Cherry Creek or our initiatives (your “Ideas”). With respect to Ideas you acknowledge that: (a) Cherry Creek receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Cherry Creek’s review of the Ideas is not an admission of novelty, priority or originality; and (b) Cherry Creek’s use of any similar Ideas, whether based on your User Content, provided to Cherry Creek by third parties, or independently developed or considered by Cherry Creek, shall be without obligation to you.
Indemnification
You agree to indemnify and hold Cherry Creek, its parents, subsidiaries, officers, directors, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your use of the website, access to Cherry Creek, LLC, violation of these Terms, or which arise from the use of User Content you submitted, posted, or otherwise provided to Cherry Creek.
Disclaimers
Cherry Creek tries its best to provide accurate information, but information on the Cherry Creek, LLC may not always be accurate. Unless specifically stated otherwise as to specific information, Cherry Creek does not represent or warrant the accuracy and completeness of information, text, graphics, links or items on this website. Cherry Creek reserves the right to revise and/or update any and all information on Cherry Creek, LLC, including but not limited to pricing, measurements, or similar items. The images and descriptions on Cherry Creek, LLC are for sample and illustrative purposes only and may not reflect the precise information regarding a specific property, design, price or other items.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHERRY CREEK, LLC IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE CHERRY CREEK, LLC OR ANY INFORMATION THEREIN. TO THE FULLEST EXTENT PERMITED BY LAW, ALL WARRANTIES AND CONDITIONS THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, CUSTOM OR COMMON LAW ARE EXPRESSLY EXCLUDED FROM THESE TERMS AND DO NO APPLY TO WITH RESPECT TO THE CHERRY CREEK, LLC AND ANY INFORMATION CONTAINED THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CHERRY CREEK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVSS, OR CONSEQUENTIAL LOSS OR DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OR INABILITY TO USE CHERRY CREEK, LLC. NOR SHALL CHERRY CREEK, ITS AFFILIATES OR AGENTS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CHERRY CREEK’S REASONABLE CONTROL, INCLUDING BUT NOT LMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACESS TO CHERRY CREEK RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED A NEGLIGENT ACT, WILL CHERRY CREEK OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE CHERRY CREEK, LLC, EVEN IF CHERRY CREEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third Party Products and Services, Websites
Cherry Creek references other companies’ products and services on Cherry Creek, LLC. Cherry Creek, LLC may also have links to other third- party products, services, websites and other content (“Third-Party Services”) unaffiliated with Cherry Creek. These Third-Party Services are not maintained by or related to Cherry Creek. Hyperlinks are provided as a convenience to users and are not sponsored by or affiliated with Cherry Creek. Cherry Creek makes no representations or warranties about the content, completeness, or accuracy of those Third-Party Services. Cherry Creek is not responsible for the availability of such Third-Party Services and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Use of the Third-Party Services may be subject to additional terms, including software license terms of those third parties. Information you submit through a Third-Party Service is subject to the terms of that Third-Party Service’s privacy policy, and Cherry Creek has no control over how information through a Third-Party Service is collected, used, or otherwise handled. You understand and agree that Cherry Creek is not responsible for these companies, or their use of any of the information you submit through a Third-Party Service. Your use of the Third-Party Services is at your own risk.
Applicable Law, Jurisdiction and Venue
Cherry Creek, LLC is controlled and operated within the United States, and is not intended to subject Cherry Creek or any other entity to any law or jurisdiction outside of the United States. Use of Cherry Creek, LLC is prohibited in any jurisdiction having laws that would void these Terms in whole or essential part or which makes accessing Cherry Creek, LLC illegal. This Agreement is governed by and shall be construed under the laws of Indiana, exclusive of any choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to Cherry Creek, LLC, each party irrevocably submits to the personal jurisdiction of the federal and state courts located in Elkhart County, Indiana. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. Cherry Creek, LLC may contain references or cross-references to Cherry Creek products, programs and services that are not available in your jurisdiction. These references do not mean that Cherry Creek will make such products, programs or services available to residents in your state. Cherry Creek, LLC is not intended as a solicitation to you if you live in a state where we are not allowed to do business. You agree that you shall pursue any claim against us or our affiliates in your individual capacity only, and you will not participate in any collective or so-called “class” action against us.
Accessibility of Information; Off-Line Option
We are committed to providing meaningful access to the information and content on Cherry Creek, LLC to individuals regardless of ability or disability. If you are having difficulty using the functionalities of Cherry Creek, LLC please contact our customer service telephone number at 574-208-1090,or email us at info@CherryCreekGoshen.com. If you prefer, Cherry Creek will share information and/or conduct business with you in an off-line / non-digital format (for example, in-person, over the telephone, or by circulating hard-copies of documents).
Cherry Creek Privacy Policy
You understand and agree that we use your information in accordance with our Privacy Policy.
Contact Us / Questions
If you have any questions about Cherry Creek, LLC terms, please contact us by email to info@CherryCreekGoshen.com.
Miscellaneous
If Cherry Creek fails to act with respect to your breach or anyone else’s breach on any occasion, Cherry Creek is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.