Breeze Homes

TERMS OF SERVICE

 

1. Acceptance of This Agreement

Your participation in the Breeze Homes Project Services is subject to these Terms of Service (the “Agreement”), and applies to your (“You” or “your”) use of the Breeze Homes application, available as a mobile app download or as an online application located at www.breezehomes.co and to any successor website, subdomain, subsite, or mobile application which links to or references this Agreement (the “Services”), which are owned and operated by Breeze Homes, Inc., (“Breeze” or “we”).  

PLEASE NOTE: Your access to and use of the Services is subject to this Agreement, as well as our Privacy Policy (www.breezehomes.co/privacy-policy) and all applicable laws and regulations. Please read this Agreement. When you provide your consent by clicking the “accept” button, or otherwise through the account registration process which references this Agreement during the process of connecting to and using the Services, you are agreeing to be bound by this Agreement and its terms and conditions to the same extent as if a paper copy of this Agreement had been manually executed, and you understand and intend to enter into these terms electronically. If you do not agree with these terms, you should not give your consent, and you are not permitted to access or use the Services. 

This Agreement and any of the terms of service herein may be changed, modified, supplemented or updated by Breeze from time to time without advance notice, and the updated Agreement may be posted on the Breeze website or otherwise within the Services, and you will be bound by any such changed, modified, supplemented or updated Agreement if you continue to use the Services after such changes are posted; provided, however, that Breeze may provide notice by means of conspicuous alert or notification displayed on the Services in the case of substantial revisions. Unless otherwise indicated, any new Breeze Content (as defined below) or services added to the Services will also be subject to this Agreement effective upon the date of any such addition. You are encouraged to review the Services and this Agreement periodically for updates and changes.  If you are using the Services on behalf of a legal entity or another individual, you represent and warrant that you are authorized to enter into and agree to this Agreement on behalf of that legal entity or individual. 

If you have any questions about this Agreement, please contact us as described in the Contacting Us section below. 

2. Description of the Services/Profile and Account

2.1 Profile. When you register with us for access to the Services and successfully complete the account registration process you will become a “User” of the Services. As a User, you will have the opportunity to create a profile (“Profile”) and to add information, data, and images to your Profile (“Profile Content.”) The Services also allow you use Profile Content to begin to create the parameters for a remodeling, design, construction or other similar endeavor (each, a “Project”). 

2.2 You are responsible for monitoring the Profile Content uploaded or added to your Profile.  Please note that you, and not Breeze, are responsible for maintaining and protecting all Profile Content. Breeze will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content.  You understand and intend that allowing access to your Profile or otherwise sharing or disclosing any information with a Third Party pursuant to this Section is authorized by you and will not be considered a “disclosure,” access, or use of information by Breeze for any purposes. You are responsible for using the Services in a manner that complies with the law.

2.3 Account. In order to access the Services, including to (i) create and manage a Profile or (ii) post any Profile Content through the Services, you must register to create an account (“Account”) and become a User.  Your Account is subject to verification and approval by Breeze. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Breeze reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You will be asked to create a password when you create your Account. Breeze does not have access to your passwords and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Breeze if you become aware of any unauthorized use of your Account.

2.4 Account Activity. You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of third parties that are expressly authorized by a User to assist in the creation of the User’s account, you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Breeze upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Breeze immediately of any breach of security or unauthorized use of your account. Breeze will not be liable for any losses caused by any unauthorized use of your account.

2.5 Projects. In the event you would like to seek a qualified service provider (“Service Provider”) for support in connection with a Project, you will execute a separate Breeze Homes Project Owner Service Agreement (“Service Agreement”). If there is a conflict between this Agreement and a Service Agreement, the terms and conditions of the Service Agreement will take precedence.

3. Limited License.

By entering into this Agreement, Breeze grants you a limited license to access, participate in, and use the Services. You acknowledge and agree that you will not access, reproduce, duplicate, copy, resell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any Breeze Content, without the express written consent of Breeze.

4. Information You Provide to Us

By using the Services, you will have the opportunity to provide certain information about yourself and your service requirements, and you will be able to store information, such as home service records, on our website or apps. You promise that all information you provide (including but not limited to your contact information) (“Content”) will be accurate, current and truthful to the best of your knowledge. If you provide any Content that is untrue, not current or incomplete, or Breeze has reasonable grounds to suspect that such Content is untrue, inaccurate, not current or incomplete, Breeze has the right to refuse any current or future use of the Service (or any portion thereof) by you. You are responsible for any use of the Services by persons to whom you intentionally or negligently allow access to your password.

5. Your Conduct

In connection with your participation in the Services, you represent and warrant that you:

  1. Are above the age of eighteen (18);
  2. Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
  3. Will not submit any Content that may be considered by Breeze to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
  4. Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Breeze, or otherwise attempt to mislead others as to your identity;
  5. Will not submit Content or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our websites or Services;
  6. Will not access, download or copy any content contained on our Services through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
  7. Will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our Services;
  8. Will not take any action that would undermine the Services;
  9. Will not attempt to gain unauthorized access to the Services, other Customer accounts, or other computer systems or networks connected to the Services;
  10. Will not use the Services in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  11. Will not use the Services in any way that could interfere with the rights of Breeze or the rights of other users of the Services;
  12. Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Breeze in connection with the Services;
  13. Agree not to re-sell or assign your rights or obligations under this Agreement;
  14. Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Services;
  15. Will not access the Services for any commercial, educational or other purposes not related to your personal purchasing decisions, without the express written consent of Breeze, which consent may be withheld by Breeze in our discretion;
  16. Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content you provide in the Services and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
  17. Agree not to create an account or use Breeze services if your account previously has been terminated by Breeze or if you previously have been banned from using the Services.
  18. The Content that you provide does not reflect the views of Breeze, its officers, managers, owners, employees, agents, designees or other users. In addition, Breeze retains the right, in its sole discretion, to determine whether or not your use of the Services is consistent with the terms and conditions of this Agreement. Breeze may suspend, restrict or terminate your use of the Services and to refuse any future use of all or portions of the Services if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Breeze may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

6. Publication and Distribution of Content

Breeze does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Services. You acknowledge that Breeze simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a Third Party. You understand that all content posted on, transmitted through, or linked through the Services, are the sole responsibility of the person from whom such content originated. You understand that Breeze does not control, and is not responsible for content available through the Services, and that by using the Services, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.

You further acknowledge that Breeze has no obligation to screen, preview, monitor or approve any content published by you or a third party. However, Breeze reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Services. Under no circumstances will Breeze be liable in any way for any content provided by you or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Services. You waive the right to bring or assert any claim against Breeze relating to your Content or the content of a third party, and release Breeze from any and all liability for or relating to any such content.

7. Additional Terms 

Certain areas of the Services (and your access to or use of certain aspects of the Services) may have different terms and conditions, or may require you to agree with and accept additional terms and conditions in order to obtain access to or use of Services. Any additional terms will be made available to you at the time you access that applicable Breeze Service. If there is a conflict between this Agreement and terms and conditions posted for a specific area or a particular Service, the latter terms and conditions will take precedence with respect to your use of or access to that area or particular Services, as applicable.

8. Ownership of Breeze Content and Services

Except as otherwise expressly stated, all Breeze Content appearing on the Services is the copyrighted work of Breeze or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Breeze Content is also the exclusive property of Breeze and is protected by U.S. and international copyright laws.

9. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Breeze is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Breeze. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

10. Advertisements

Breeze may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Services. By clicking on the advertisements, you may be shifted to a website of the advertiser or receive other messages, information, or offers from the advertiser. You acknowledge and agree that Breeze is not liable for the privacy practices of advertisers or the content of their websites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed.

11. Feedback

Please be advised that if you send or submit to Breeze creative ideas, suggestions, inventions, or materials (“Feedback”), Breeze shall: (i) own, exclusively, all now known or later discovered rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

12. Privacy 

Your privacy is important to us.  We maintain our Privacy Policy at [www.breezehomes.co/privacy-policy].  We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy.  We reserve the right to store all information transmitted via our Services and to use it in accordance with our Privacy Policy.  We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version on our Site.  We encourage you to periodically check the Site for updates.  If you disagree with anything in our Privacy Policy, you should discontinue using our Services. 

13. Connection Requirements 

You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Services, and Breeze reserves the right to change the access configuration of the Services at any time without prior notice. 

14. Your Responsibilities

14.1 Responsibility for Equipment. Use of the Services may require a computer, smartphone, or tablet.  Unless otherwise agreed in writing between the parties, all equipment is provided solely by the Users of the Service.  Breeze has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that you elect to use in connection with the Services.

14.2 Third Party Carriers. The Services communicate via internet and/or cellular data service provided by independent carriers.  The internet or cellular data service provided by the independent carrier may fail or go off-line from time to time, and during any such outage our Services will be unable to transmit and receive information.  We may not receive timely notice of the communications outage from the independent carriers.  We are not obligated to provide Services during any such outages.  Cellular networks and internet providers may be regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate our Services.

14.3 Prohibited Use. Any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Breeze to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Breeze, or (vii) any use other than the business purpose for which it was intended, is prohibited. 

Breeze reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Breeze may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Breeze reserves the right at all times to disclose any information as Breeze deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Breeze's sole discretion. 

15. Termination

Breeze may, in its discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate this Agreement or your access to the Services. Upon termination we will promptly remit to you any funds in our control that we reasonably determine are owed to you. You may cancel your Account at any time by contacting us or following the prompts on the site. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Services, including, but not limited to, any reviews or feedback.

16. Internet Risks

You understand that applications, systems, and devices connected to the Internet are subject to inherent risks common to the Internet, such as malicious code, viruses, hackers, and other similar parties, code, or systems.  Breeze has no liability for any applications accessed or downloaded using the Services or for the acts of any third party that may affect the use of the Services.  You understand and agree that no data transmitted over the Internet is or can be guaranteed to be completely secure.  Breeze does not guarantee that data submitted or transmitted to Breeze or through the Services will be free from unauthorized disclosure, access, misappropriation, or intrusion.  

17. Right to Monitor

Breeze neither actively monitors general use of the Services under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through these Services. However, Breeze does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Breeze’s sole discretion, may be illegal, may subject Breeze to liability, may violate this Agreement, or are, in the sole discretion of Breeze, inconsistent with Breeze's purpose for these Services. 

18. Disclaimer

18.1 Breeze Content and other information contained in the Services has been prepared by Breeze as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Breeze has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of Breeze Content or other information contained in or linked to the Services or any other Website maintained by Breeze. Users relying on Breeze Content or other information from the Services do so at their own risk.

18.2 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL BREEZE CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND BREEZE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. BREEZE MAKES NO WARRANTY THAT BREEZE PROBLEMS WILL BE CORRECTED.

18.3 PLEASE NOTE THAT, BREEZE DOES NOT CONTROL THE INFORMATION CONTAINED IN ANY USER CONTENT. BREEZE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL USER CONTENT.

19. Limitation of Liability 

19.1 YOU UNDERSTAND AND AGREE THAT BREEZE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF BREEZE HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES, PRODUCTS AND SERVICES OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE BREEZE AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.

19.2 YOU UNDERSTAND AND AGREE THAT BREEZE WILL HAVE NO LIABILITY TO YOU OR TO A THIRD PARTY FOR ANY CAUSE OF ACTION RELATED TO THE SERVICES OR TO THIS AGREEMENT UNDER ANY THEORY.  IF, HOWEVER, A COURT OR JUDICIAL OR ADMINISTRATIVE AUTHORITY OF APPROPRIATE JURISDICTION, IN FINAL RULING, DETERMINES THAT THIS PROVISION IS UNENFORCEABLE, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50.  YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE SELECTED THE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.

19.3 YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DEEMED UNCONSCIONABLE.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

20. Indemnification 

You agree to defend, indemnify, and hold harmless Breeze, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from these Services, your use of these Services, your fraud, violation of law, or willful misconduct, including without limitation your failure to comply with the FTC Guides, and any breach by you of this Agreement.

21. Notice

Any notices to you from Breeze regarding the Services or this Agreement will be posted on the Services or made by e-mail or regular mail.

22. Social Media Platforms and Websites 

22.1 Any information, communications, or material of any type or nature that you submit to our Services through the use of social media integration (including, but not limited to any Breeze website contained on a social media platform or website such as Facebook or Twitter) by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Social Media Submission”), is done at your own risk and without any expectation of privacy. Breeze cannot control the actions of other users of any social media platform or website and Breeze is therefore not responsible for any content or Social Media Submissions contained on such sites and platforms. By visiting any Breeze Services that are contained on a social media platform or website, you are representing and warranting to Breeze that you have reviewed the applicable privacy policy and terms of use of such platform or website and that you will abide by all such provisions contained therein.

22.2 Additionally, in the event that any one of the Services offers a message board or any other interactive or social-type feature on a website administered directly by Breeze, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information. Although Breeze may take certain precautions to protect those who use these areas of Breeze’s Services, we encourage you to be wary of giving out any personal information in such public forums. The information you post can be collected and used by people you don't know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.

23. Electronic Communications

When you visit the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement. 

24. General Provisions 

24.1 Entire Agreement. This Agreement, and other policies Breeze may post in connection with the Services constitutes the entire agreement between Breeze and you in connection with your use of the Services and Breeze Content, and supersedes any prior agreements between Breeze and you regarding use of the Services, including prior versions of this Agreement.

24.2 Governing Law; Jurisdiction; Venue; Severability of Provisions. The Agreement shall be governed and construed in accordance with the laws of the State of Delaware without giving effect to its principles of conflicts of laws. Any action or proceeding in connection with any matter arising out of or in any way connected with the Agreement or any claim for injury or damage related thereto shall be brought and maintained in the state and federal courts located in South Carolina, and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of this Agreement apply to the maximum extent permitted by law. We both agree that if any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of This Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

24.3 No Agency Relationship. Neither this Agreement, nor any Breeze Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way. 

24.4 Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of the Services or your relationship with Breeze must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

24.5 Remedies. You agree that any violation, or threatened violation, by you of this Agreement constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

25. Contacting Us

If you have any questions or concerns about this Agreement, please contact us at [info@breezehomes.co] or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

Breeze Homes, Inc.

286 Hawthorne Street

Mount Pleasant, SC 29464 

26. App Store Terms of Use

The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like a Breeze portal, the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”).  You acknowledge and agree that:

26.1 These Terms are concluded between you and Breeze, and not with the App Provider, and that Breeze (not the App Provider, to the extent the App provider is not Breeze), is solely responsible for the App.

26.2 To the extent you obtain an App from the Apple App Store, any licenses granted hereunder for the use of the App are limited to a license to use the App on any Apple-Platformed Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via family sharing or volume purchasing.

26.3 Unless expressly stated otherwise in writing by the App Provider, the App Provider has no obligation to furnish any maintenance and support services with respect to the App.

26.4 To the extent the App Provider is not Breeze, you may notify the App Provider in the event of any failure of the App to conform to any applicable warranty, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App.  To the extent that Breeze is not the App Provider, any claims, losses, liabilities, damages, costs or expenses other than the purchase price attributable to any failure to conform to any warranty will be the sole responsibility of Breeze in accordance with these Terms.

26.5 To the extent the App Provider is not Breeze, the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; or  (C) claims arising under consumer protection or similar legislation.

26.6 To the extent the App Provider is not Breeze, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Breeze will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.

26.7 To the extent the App Provider is not Breeze, the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.

26.8 You must also comply with all applicable third party terms of service when using the App.

26.9 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

26.10 To the extent you obtain an App from the Apple App Store, you agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the sections of these Terms applicable to the App, and that, upon the your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the applicable End User License Agreement against you as a third party beneficiary thereof.