Terms and Conditions

Effective date: August 28, 2017

CMH Services, Inc. ("Clayton", "we", or "us") offers you the Favorites and My Clayton Built Home service, located at https://www.claytonhomes.com/favorites, and the My Clayton Built Home mobile application, available at https://www.claytonhomes.com, along with all of the features and functions of the website and app (collectively the "Services"). These Terms of Use ("Terms") apply to your use of the Services. These Terms constitute a legally binding agreement between you and us. You must be 18 years old or the age of majority in your jurisdiction in order to use our Services. If you are under 18 years old or the age of majority in your jurisdiction, then you may only use the Services with your parent or legal guardian's permission. By accessing or using our Services, you agree that you (or your parent or legal guardian) have read, understand, and are bound by the terms and conditions set forth herein. IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN) DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.

General Description

The Services allow you to add pictures to your own personal Favorites or to the My Clayton Built Home app. To add pictures, you can either upload your own photos or you can identify favorite images displayed on the claytonhomes.com website or within the app (the "Images") by clicking on the heart logo located at the bottom left of the Image. You will be able to share your favorite images with other people and customize who will be able to view your Images. Your Images will always be viewable by Clayton Homes retail home centers that you have visited and provided your email address to and Clayton Homes retail home centers that we provided your email address to when you created an account for the Services and/or when you submitted a request for product information. The app also allows you to Browse homes in inventory, and to take a Smart Tour of our model homes, in which a beacon transmitter will connect with your mobile device to provide you with information about a home you are touring in real time.

Registration

In order to access and use other parts of the Services, you will be required to register an account with us. The Services may allow you to create an account through a social media service. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. We reserve the right to cancel your account at any time for any reason without prior notice to you. If there has been an unauthorized use of your password or account, please notify us immediately.

When you register an account with us, you may be required to provide some of your personal information. By using the Services and providing us with your personal information, you also accept our "Website information collection and use practices and Web site terms and conditions" , available at https://www.claytonhomes.com/legal, which is incorporated into these Terms.

Ownership

Unless otherwise stated herein, we and our licensors are the sole owners of the Services and all of their content, including without limitation, the Images and all information, services, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within the Services. You agree that all right, title, and interest in the Services will remain ours or our licensors' exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Images, the Clayton name or any of our trademarks, logos, domain names, or other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Services unless we have given you prior written consent to do so. You may only use the Services for personal, non-commercial purposes.

Use Restrictions

While using the Services you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Services to respect the rights and dignity of others. Your use of the Services is conditioned on your full compliance with these Terms including, without limitation, the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Services pursuant to these Terms. You agree that when using the Services you will not:

  • Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Services;
  • Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Services;
  • Frame or mirror any part of the Services without Clayton's express prior written consent;
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services;
  • Submit or post any offensive, defamatory, threatening, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content (as determined by us in our sole discretion);
  • Copy, download, distribute, transmit, upload, or transfer content from the Services or the personal information of others without our prior written permission or authorization;
  • Resell, sub-license, or lease any of the content on the Services;
  • Use the Services to make unsolicited offers, requests, advertisements, or spam;
  • Impersonate or pretend to be anyone else but you; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services; or express or imply that we endorse any statement you make;
  • Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
  • Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.

User Generated Content

The Services permit you to upload, exchange, share and post content ("User Generated Content"), including, without limitation, images and notes. By providing User Generated Content, you grant us and our affiliates and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to your User Generated Content and have the right to grant the license granted above to us and our affiliates and our service providers, and each of their and our respective licensees, successors and assigns. User Generated Content on the Services is not independently verified by Clayton. Therefore, your reliance on User Generated Content is at your own risk. Because Clayton has no control over User Generated Content, you acknowledge and agree that Clayton is not responsible for the accuracy or availability of User Generated Content, and Clayton neither endorses nor is responsible or liable for any User Generated Content that appears on the Services. Clayton shall have the right (but not the obligation) to delete, remove, monitor, or edit User Generated Content and block links to the Services through technological or other means without prior notice.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. To view our DMCA policy, visit our "Website information collection and use practices and Web site use terms and conditions", available at https://www.claytonhomes.com/legal.

Disclaimer or Warranties

THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SERVICES. CLAYTON DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT, AND TITLE. CLAYTON MAKES NO WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. CLAYTON MAKES NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CLAYTON SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT CLAYTON SHALL NOT BE LIABLE TO YOU FOR YOUR COMMUNICATIONS. CLAYTON SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES OR ANY LINKED SERVICES, OR FOR ANY INFORMATION OR PRODUCTS, OBTAINED THROUGH USE OF THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH CLAYTON OR ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE OF THE SERVICES IS YOUR SOLE REMEDY. CLAYTON HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

NEW JERSEY RESIDENTS: THIS PROVISION CONCERNING THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IS NOT APPLICABLE IN NEW JERSEY WITH RESPECT TO STATUTORY DAMAGES, PUNITIVE DAMAGES, LOSS OF DATA, AND LOSS OF OR DAMAGE TO PROPERTY.

Notice for New Jersey residents

No provision in these Terms and Conditions shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Clayton's tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) Clayton's failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.).

Indemnity

You agree to defend, indemnify and hold harmless Clayton, and its respective employees, officers, directors, agents, representatives, licensors, suppliers and service providers from and against all claims, losses, costs and expenses (including attorney's fees) arising out of (a) your use of, or activities in connection with the Services; or (b) any violation of these Terms by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.

Dispute Resolution

These Terms will be construed and enforced under the laws of the State of Tennessee. You agree that United States District Court for the Eastern District of Tennessee (Knoxville Division) shall be the exclusive forum for any dispute arising out of these Terms and the parties hereby consent to the personal jurisdiction of such courts and agree to waive any right to claim that the United States District Court for the Eastern District of Tennessee (Knoxville Division) is an inconvenient forum. If the court in your country will not apply Tennessee law, or if the courts in your country will not permit you to consent to the jurisdiction of United States District Court for the Eastern District of Tennessee (Knoxville Division), then your local law and jurisdiction will apply to such disputes related to these Terms. You agree that you will not file a class action, or participate in a class action against us.

Termination

We may immediately, without prior notice, suspend or terminate your use of and access to the Services, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms by ceasing your use of the Services.

Severability

If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.

Changes

We reserve the right to change any part of the Services, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Services means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our Services.

Questions or Comments

If you have any questions or comments about these Terms or the Services, please contact us by email to CMHOnlinePrivacy@ClaytonHomes.com or by writing to us at CMH Services, Attention: Online Privacy Department, 5000 Clayton Rd., Maryville, TN 37804.