TERMS OF USE

1. Eligibility and Account Registration

1.1 Eligibility Criteria

The Site is exclusively available to individuals aged 18 or older. By accessing or using the Site, you represent and warrant that you satisfy this age requirement. Any misrepresentation of eligibility criteria will constitute a material breach of these Terms.

1.2 Account Registration and Security Obligations

To access certain Site features, you may be required to create an account. You agree to provide accurate, current, and complete information and to update it promptly should any changes occur. You are solely responsible for safeguarding your account credentials, and you agree to notify us immediately of any suspected unauthorized use. Any account-related activity conducted under your credentials will be deemed as having been authorized by you.

1.3 Suspension and Termination

We reserve the unilateral right to suspend or terminate your account and restrict access to the Site if we suspect any violation of these Terms or other misconduct. Such actions may occur without prior notice, and we disclaim liability for any loss or inconvenience resulting from such termination or suspension.

2. Permitted Uses and Prohibited Activities

2.1 Permissible Use

The Site is intended solely for lawful, personal use by individuals exploring residential property listings within our designated adult living community. Any other use, including but not limited to commercial exploitation, is strictly prohibited.

2.2 Prohibited Conduct

You agree to refrain from engaging in, directly or indirectly, any of the following activities:

• i. Unauthorized Commercial Use: Utilizing the Site for commercial purposes not explicitly authorized by us.
• ii. Automated Access and Data Extraction: Employing any automated systems, bots, or scraping tools to access, retrieve, or index Site data without written authorization.
• iii. Unauthorized Access: Attempting to access non-public areas of the Site, tamper with the Site’s technical infrastructure, or gain unauthorized entry to other users' accounts.
• iv. Harmful Code Distribution: Uploading, transmitting, or distributing viruses, worms, or any malicious code that could compromise the Site's functionality.

2.3 Legal Consequences of Unauthorized Use

Any unauthorized use of the Site constitutes a breach of these Terms and may result in the immediate suspension or termination of your account, along with legal action, including civil and criminal penalties.

3. Property Listings and Availability

To access certain Site features, you may be required to create an account. You agree to provide accurate, current, and complete information and to update it promptly should any changes occur. You are solely responsible for safeguarding your account credentials, and you agree to notify us immediately of any suspected unauthorized use. Any account-related activity conducted under your credentials will be deemed as having been authorized by you.

3.1 Accuracy of Property Information

We endeavor to provide accurate and up-to-date information regarding property listings, including pricing, availability, and descriptions. However, we do not guarantee the accuracy, completeness, or reliability of such information, which is provided strictly on an "as-is" basis.

3.2 Modifications and Availability

We reserve the right to modify, suspend, or remove any property listing at our sole discretion and without prior notice. Prices, availability, and property descriptions are subject to change at any time and do not constitute binding offers.

3.3 Inspection and Due Diligence

Prospective buyers and lessees are advised to conduct their own due diligence, including in-person inspections of properties. We expressly disclaim responsibility for any discrepancies between listed information and the actual condition of the property.

4. Financial Terms

4.1 Pricing and Non-Binding Nature

Property prices listed on the Site are indicative and subject to change based on market conditions and other factors. Such pricing information is non-binding and does not constitute a legally enforceable offer or commitment on our part.

4.2 Payment Obligations

If you express interest in a property, you may be required to provide a deposit or full payment, as stipulated in the applicable transaction agreement. Payments must be made in accordance with the specified terms, including any deadlines, methods of payment, and refund conditions.

4.3 Refunds and Non-Refundable Payments

All deposits and payments made in connection with property listings are non-refundable unless otherwise stipulated by applicable law or the specific terms of the transaction agreement. Please review transaction terms carefully before making any payments.

4.4 Transaction Fees and Taxes

You are responsible for all applicable transaction fees, processing charges, and taxes related to the purchase or lease of any property listed on the Site.

4.5 Third-Party Financing

If you finance a property purchase through a third-party lender, you acknowledge that such financing terms are distinct from these Terms and are governed exclusively by the third-party lender’s agreement. We assume no responsibility for any disputes or issues arising from third-party financing.

5. Privacy and Data Handling

5.1 Collection and Use of Personal Data

By using the Site, you consent to our collection, processing, and use of your personal information in accordance with our Privacy Policy (insert link). The types of data we collect and the purposes for which they are used are detailed in our Privacy Policy, which forms part of these Terms.

5.2 Security Measures

While we implement reasonable security protocols to safeguard your data, we do not warrant or guarantee complete data security. By using the Site, you acknowledge and accept that no data transmission or storage system is entirely secure.

5.3 Opt-Out Right

You may have the right to limit certain types of data processing and to request access to, correction of, or deletion of your personal information, as set forth in our Privacy Policy. Please consult our Privacy Policy for specific instructions on exercising these rights.

5.4 Third-Party Data Sharing

We may disclose your personal information to third parties involved in property transactions, or as otherwise permitted by law. We do not sell your personal information to unaffiliated third parties.

6. User-Generated Content and Site Conduct

6.1 Content Submission and Compliance

You may be permitted to post content, including feedback, on the Site. All content must be lawful, accurate, and comply with our content guidelines and applicable laws.

6.2 Prohibited Content

The following types of content are prohibited:

• Content that is defamatory, obscene, harassing, or otherwise offensive.
• Content that violates the rights of others, including intellectual property rights.
• Harmful code or malware.

6.3 User Content License

By submitting content to the Site, you grant us a perpetual, non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute such content as necessary for Site operations.

6.4 Content Monitoring and Removal

We reserve the right, at our sole discretion, to monitor, edit, or remove content that violates these Terms or is otherwise objectionable.

7. Intellectual Property Rights

7.1 Ownership of Site Content

All Site content, including but not limited to text, graphics, images, and logos, is owned by us or licensed to us. Unauthorized reproduction, modification, or distribution of Site content is strictly prohibited.

7.2 License for Personal Use

We grant you a limited, revocable, non-exclusive, and non-transferable license to access the Site for personal use only. This license does not authorize any commercial exploitation of Site content.

7.2 License for Personal Use

We grant you a limited, revocable, non-exclusive, and non-transferable license to access the Site for personal use only. This license does not authorize any commercial exploitation of Site content.

8. Disclaimers and Limitation of Liability

8.1 Disclaimer of Warranties

The Site is provided on an "as-is" and "as-available" basis. We expressly disclaim any and all representations and warranties, whether express or implied, including but not limited to warranties of accuracy, merchantability, and fitness for a particular purpose.

8.2 Limitation of Liability

To the fullest extent permitted by law, we disclaim liability for any indirect, incidental, consequential, or punitive damages arising from your use of the Site. In jurisdictions that do not allow such limitations, our liability is limited to the extent permitted by law.

8.3 Third-Party Links and Content

The Site may contain links to third-party websites. We do not endorse, verify, or assume any liability for the content, policies, or practices of third-party websites. Use of these links is at your own risk.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Pennsylvania, USA, excluding its conflicts of law principles.

9.2 Mandatory Arbitration

Any and all disputes arising out of or relating to these Terms or your use of the Site shall be resolved exclusively through binding arbitration administered by [Arbitration Association] under its applicable rules, except where prohibited by law. By agreeing to arbitration, you waive your right to participate in a class action or jury trial.

10. Modification of Terms

10.1 Right to Amend

We reserve the right to modify, alter, or amend these Terms at any time. Changes will be posted on this page, and the "Effective Date" will reflect the date of the latest update.

10.2 Acceptance of Modifications

By continuing to use the Site after we make changes to these Terms, you accept the revised Terms. We recommend regularly reviewing these Terms to stay informed.

11. Contact Information

For questions regarding these Terms, please contact us at:

1. Email: [Email Address]
2. Address: [Company Address]
3. Phone: [Contact Number]

Thank you for choosing Precious Moments. We look forward to assisting you in finding your ideal living space within our 55+ community.