Eastern Homebuilders. and its subsidiaries (together, "Eastern") take your privacy seriously. The following Privacy Policy has been adopted by Eastern to provide you with the best possible online experience. We want you to know (i) what information we gather on our web sites, how we use it, and who we share it with, (ii) how we safeguard your information, and (iii) how you can control its use.
I. Collecting Information. We collect information on our web sites in a variety of ways, depending upon how you use our sites. We collect information that you voluntarily submit to us, and we also gather information anonymously to help us better understand how our sites are being used and how we can better server our customers (including information provided through the use of "cookies"). In addition, "third party" web sites that you can link to from our web site may also collect and use your information. We use this information in a variety of different ways, including:
A. Cookies. Cookies are small files that can store data on your computer. The data can include your computer’s Internet Protocol address, information about how you use our site, and information about your preferences and past selections. Eastern sets and accesses cookies on your computer. We use this information to (i) keep track of your information for your own convenience, (ii) help us optimize your online experience, and (iii) help us understand how you use our web pages. If you link to third parties from our web pages, those third parties may use their own cookies and that use is not covered by the Privacy Policy.
B. Requesting Information. When you request information from us, we collect your information (name, address, phone numbers, e-mail address, messages, etc.) and forward it to one of our sales representatives. We may also use that information ourselves to better serve your needs, and we may provide it anonymously and in the aggregate to advertisers or other interested parties. Eastern Homebuilders is owned and operated by Eastern Mobile Homes, Inc.
C. Search Criteria; Polling. You may wish to enter search criteria when looking for homes, land, services or during other searches on our web site. We may store the search criteria you enter in cookies on your computer, or we may anonymously aggregate and compile this information on our own system for our own use. You may also respond to polls that we conduct on our web pages, and we may store those responses anonymously for our use or "tag" you computer so that you can only vote once on a particular question.
D. Automatically Collected Data. Some information about you may be automatically gathered and stored on our system whenever you visit our web sites, including your Internet Protocol address, the kind of internet browser you use, and how you use our site. We may also use this information to measure and report the number of "hits" on our web pages and report this information publicly or privately (without identifying any specific users). We also may track traffic patterns throughout our web sites.
E. Links to Other Web Sites. Our web sites contain links to other "third party" web sites that are not owned by Eastern. Please be aware that those sites may collect information about you, that the collection and use of that information by those "third party" web sites is outside Eastern ’s control and outside the scope of this Privacy Policy, and that you should consult the privacy policy or similar policy of those web sites before supplying them any of your private information. Eastern is not responsible for the privacy policies of these "third party" web sites. If you have any problems with the privacy policies of any "third party" web sites that are linked from our web site, please let us know by e-mailing us at privacymanager@easternhomebuilders.com.
II. Safeguarding Your Information. When we collect your information and store it on our servers, we use the same care with that information that we use with our own sensitive data. To ensure security, we do not request super-sensitive information from you like credit card numbers or social security numbers. While we strive to protect your personal information and keep it confidential, Champion cannot ensure or warrant the security of any information you transmit to us. We will not disclose your personal information to any outside organizations for their use in marketing without your consent. Eastern does not seek to collect personal information from children through our web site, and we will delete any such information if we become aware of it. Please be aware that under certain limited circumstances we may be legally compelled to disclose your information to other parties by court order or otherwise.
III. How You Can Control the Use of Your Information. When using the Internet, always use common sense when you disclose your personal information. If you are concerned about how we collect or use certain information, you may elect not to participate in certain services or features offered by our web sites.
A. Disabling Cookies. If you are concerned about cookies that are sent between our computers and yours, you can disable this feature on your Internet browser by either (i) rejecting them automatically, or (ii) having your computer prompt you before they are accepted. This is usually found under "Internet Options" or "Preferences" on your browser. Please note though that disabling cookies may limit the features and services that are available on our web sites.
B. Opting Out. You can opt out of our information gathering by contacting us at privacymanager@easternhomebuilders.com, and we will remove you from any current non-anonymous files containing your personal information.
C. Let Us Know of Any Improper Uses. Please contact us immediately atprivacymanager@easternhomebuilders.com if you suspect that the information you share with us is being used in violation of this Privacy Policy or in a manner that is annoying or offensive.
IV. Changes to this Privacy Policy. Eastern may amend this Privacy Policy from time to time. If we make any substantial changes to this Privacy Policy, we will notify you with a prominent announcement on our web pages.
V. Always Feel Free to Contact Us. If you have any questions about this Privacy Policy or any other matter, please contact us at:
Director of marketing
Eastern Homebuilders
3213 S. Military Hwy
Chesapeake, VA 23323
Fax #: (757)485-8446
E-mail: privacymanager@easternhomebuilders.com
VI. Effective Date. This Privacy Policy is effectiveas of December 29th, 2007.
ACCEPTANCE OF TERMS
Eastern Homebuilders ("Eastern") makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by Eastern and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Eastern may publish from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
Eastern reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Sites home page to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
DEFINED TERMS
All user-supplied information, materials, files, communications, and documents are referred to collectively as "User Content." "Eastern Content" means all Materials provided by Eastern.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, Eastern and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
Use of Services. When using Services on this Site that are offered by Eastern, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use. In addition to the Materials and Services offered by Eastern, this Site also makes available materials, information, and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate license agreements that accompany such services. Eastern offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Eastern. You agree that you will not hold Eastern responsible or liable with respect to the Third Party Services or seek to do so.
Use of Software. The software and accompanying documentation that is made available to use or download from this Site is the copyrighted and/or patented work of Eastern and/or its suppliers. Use of the software is governed by the terms of the license agreement contained in these Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.
Use of Eastern Content and User Content. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Eastern Content and User Content available on this Site subject to the following conditions:
1. The Eastern Content and User Content may be used solely for personal, informational, and internal purposes.
2. The Eastern Content and User Content may not be modified or altered in any way.
3. The Eastern Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the Eastern Content and User Content.
5. Eastern reserves the right to revoke the authorization to view, download, and print the Eastern Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Eastern.
6. The rights granted to you constitute a license and not a transfer of title.
IMPORTANT EXCEPTIONS: The rights specified above to view, download, and print the Eastern Content and User Content available on this Site are subject to any disclaimers contained on the Site and are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
TRADEMARK INFORMATION
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Eastern or other third parties. You are not permitted to use the Marks without the prior written consent of Eastern or such third party that may own the Marks. Eastern and the Eastern Homebuilders logo are trademarks of Eastern Homebuilders.
LICENSE TO EASTERN FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant Eastern a perpetual, worldwide, royalty-free, non-exclusive license to (i) use, reproduce, display, perform, modify, transmit, and distribute such User Content, (ii) distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site, and (iii) use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you.
PROHIBITED COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree: (i) not to disrupt or interfere with any other users enjoyment of the Site or affiliated or linked sites; (ii) not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; (iii) not to create a false identity; (iv) not to use or attempt to use anothers account, password, service, or system without authorization from Eastern; (v) not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
Although it is not our intention to do so, Eastern reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. Eastern may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content. To the maximum extent permitted by law, Eastern will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Eastern also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
USE AND PROTECTION OF ACCOUNT NUMBER/USER NAME AND PASSWORD
You are responsible for maintaining the confidentiality of your account number, user name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, user name, and/or password, whether actually or expressly authorized by you, unless access to your account number, user name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EASTERN MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. EASTERN MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE CALCULATIONS USED AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND EASTERN MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) EASTERN DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) EASTERN MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) EASTERN SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE ACCESS OR DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. EASTERN ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHAMPION OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES AND TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
INTERNATIONAL USERS
The Site is controlled, operated, and administered by Eastern from its office within the United States of America. Eastern makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See section on Export Control Laws, below, for further information.
PERSONAL INFORMATION AND PRIVACY
To learn about how Eastern protects your personal information, such as your name and address, refer to the Eastern's Privacy Policy. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Eastern or others, or as stated in our Privacy Policy. Please be aware that your browser may need to be enabled to accept cookies in order for you to use certain features of the Site.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL EASTERN, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT EASTERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
FORWARD-LOOKING STATEMENTS DISCLAIMER
This Site may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of Eastern's or industry revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items; (ii) the plans, objectives, and/or projections of Eastern for future operations, including those relating to the products or services of Eastern; (iii) Eastern's future economic performance; (iv) assumptions underlying or relating to any of the forgoing statements or information; and (v) any other projections, estimates, or forward-looking statements. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements are based upon, or will be based upon, Eastern's judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. Eastern wishes to caution you that such forward-looking statements are only predictions and that actual events or results may differ materially. For further detail and information concerning the foregoing or Eastern in general, please consult the companys documents and reports now or hereafter on file with the Securities and Exchange Commission, particularly Eastern's most recent Form 10-K and Form 10-Q, copies of which, if applicable, may be available from the Site.
INDEMNITY AND LIABILITY
You agree to indemnify and hold Eastern, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Eastern from its office within the state of Virginia, United States of America. By accessing this Site, you and Eastern agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Virginia, without regard to the conflicts of laws principles thereof. You and Eastern also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Chesapeake, Virginia and the United States General District Court of Chesapeake, Virginia with respect to such matters.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Eastern and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Eastern to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
