
Terms of Service and Conditions of Use Agreement
Effective Date: March 2025
PREAMBLE AND DECLARATION OF MUTUAL UNDERSTANDING
This Terms of Service and Conditions of Utilization Agreement (hereinafter referred to as the "Agreement," "Terms," "TOS," or "Stipulations") constitutes a legally binding and fully enforceable contractual understanding entered into by and between PrincetonOrchard.com, its parent entities, subsidiaries, affiliates, officers, directors, employees, agents, licensors, successors, and assigns (collectively referred to hereinafter as the "Company," "We," "Us," "Our," or "Princeton Orchard"), and you, the individual, entity, or representative thereof, accessing, browsing, perusing, interacting with, or otherwise making any use whatsoever of the website domiciled at the uniform resource locator PrincetonOrchard.com, including any and all subdomains, affiliated domains, mobile applications, digital platforms, communication channels, or other technological manifestations thereof, whether presently existing or hereinafter devised (collectively referred to hereinafter as the "Site" or the "Platform"), and any services, information, content, features, functionalities, products, consultations, estimations, or contractual engagements offered, facilitated, or provided through or in connection with the Site (collectively referred to hereinafter as the "Services").
BY ACCESSING, UTILIZING, INTERFACING WITH, OR OTHERWISE ENGAGING THE SITE OR SERVICES IN ANY MANNER, FORM, OR FASHION, YOU (HEREINAFTER "USER," "YOU," "YOUR," OR "CLIENT PROSPECTIVE") UNEQUIVOCALLY AND IRREVOCABLY ACKNOWLEDGE, REPRESENT, WARRANT, AND COVENANT THAT YOU HAVE METICULOUSLY READ, COMPREHENSIVELY UNDERSTOOD, AND VOLUNTARILY AGREED TO BE BOUND IN ENTIRETY BY ALL STIPULATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, DISCLAIMERS, AND LIMITATIONS SET FORTH HEREIN, INCLUDING ANY AND ALL POLICIES, GUIDELINES, OR AMENDMENTS INCORPORATED BY REFERENCE (SUCH AS THE PRIVACY POLICY, WHICH IS HEREBY INCORPORATED AS IF FULLY SET FORTH HEREIN), WITHOUT RESERVATION, MODIFICATION, OR QUALIFICATION. IF YOU DO NOT CONCUR, IN WHOLE OR IN PART, WITH ANY PROVISION CONTAINED WITHIN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY CEASE AND DESIST ANY AND ALL PRESENT AND FUTURE ACCESS, UTILIZATION, OR INTERACTION WITH THE SITE AND SERVICES. FAILURE TO ADHERE TO THIS DIRECTIVE SHALL BE CONSTRUED AS CONTINUED ACCEPTANCE OF THESE TERMS.
I. SCOPE OF SERVICES AND NATURE OF INFORMATIONAL PROVISION
A. The Company operates the Site primarily as a digital conduit for the dissemination of information pertaining to home renovation, repair, construction, design, and ancillary or related services (hereinafter "Project Work"). The Site may feature, inter alia, descriptions of potential services, project portfolios, articles, blog posts, client testimonials, visual representations, and interactive tools.
B. It is expressly understood and stipulated that any and all information, data, text, graphics, photographs, images, illustrations, renderings, video, audio, testimonials, case studies, project examples, narrative accounts, biographical details, or any other materials or content presented, displayed, embedded, linked, or otherwise made available on or through the Site (collectively, "Site Content") is provided strictly and exclusively for general informational, illustrative, conceptual, and aspirational purposes only. The User acknowledges and accepts that Site Content, in its entirety and in any constituent part, may not be, and should not be presumed to be, an exact, literal, veridical, or comprehensive representation of actual services performed, project scopes, timelines, costs, methodologies, personnel involved, specific materials utilized, client identities, or outcomes achieved.
C. Without limiting the generality of the foregoing sub-paragraph I.B, Site Content may include, but is not limited to:
i. Stylized, enhanced, or artistically rendered photographs or visual depictions of completed or conceptual projects, which may not accurately reflect the final appearance, scale, context, or condition of any specific real-world undertaking.
ii. Composite narratives, aggregated experiences, or anonymized or pseudonymized accounts presented as testimonials, reviews, or client stories, which may be derived from multiple sources, edited for clarity or brevity, or represent idealized scenarios rather than specific, individual experiences. Names, locations, and other identifying details may be altered or fabricated for privacy, illustrative, or marketing purposes.
iii. General descriptions of service capabilities that may not be available in all geographic locations, at all times, or for all types of properties or projects.
iv. Hypothetical examples, aspirational imagery, or conceptual designs intended to showcase potential rather than guaranteed results.
D. The User explicitly acknowledges and agrees that no aspect of the Site Content shall be construed, interpreted, or relied upon as constituting a specific offer, promise, guarantee, warranty, representation, or contractual commitment by the Company with respect to any particular service, outcome, price, timeline, or engagement, unless and until such terms are expressly, unequivocally, and separately memorialized in a definitive, written contractual agreement, duly executed by authorized representatives of both the User and the Company (a "Formal Service Agreement"). The Site Content is not, and shall not be deemed to be, a substitute for a Formal Service Agreement.
II. USER ELIGIBILITY AND CONDUCT
A. By utilizing the Site or Services, You represent and warrant that You are at least eighteen (18) years of age or the age of legal majority in Your jurisdiction, whichever is greater, and possess the full legal capacity, right, and authority to enter into and be bound by this Agreement. If You are accessing or using the Site or Services on behalf of a corporation, partnership, limited liability company, or other legal entity, You represent and warrant that You are duly authorized to act on behalf of such entity and to bind such entity to this Agreement.
B. The User covenants to utilize the Site and Services exclusively for lawful purposes and in a manner consistent with all applicable local, state, national, and international laws, statutes, ordinances, rules, and regulations. The User shall not engage in any conduct that, in the Company's sole and absolute discretion, restricts or inhibits any other user from using or enjoying the Site or Services, or which could damage, disable, overburden, impair, or tarnish the reputation or goodwill of the Company or the Site.
C. Prohibited activities include, without limitation: (i) transmitting or disseminating any material that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) impersonating any person or entity, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity; (iii) transmitting or introducing any malicious code, viruses, Trojan horses, worms, logic bombs, or other material that is technologically harmful or destructive; (iv) attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (v) engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Site, or while using this Site, without Our express prior written consent.
III. INTELLECTUAL PROPERTY RIGHTS
A. The Site and all its Site Content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
B. This Agreement permits You to use the Site for Your personal, non-commercial use only, or for bona fide prospective engagement of the Company's services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
i. Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
ii. You may store files that are automatically cached by Your Web browser for display enhancement purposes.
iii. You may print or download one copy of a reasonable number of pages of the Site for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
C. If We provide social media features with certain content, You may take such actions as are enabled by such features.
D. You must not:
i. Modify copies of any materials from this Site.
ii. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
iii. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
E. The Company name, the terms Princeton Orchard, PrincetonOrchard.com, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
IV. USER SUBMISSIONS AND COMMUNICATIONS
A. Should You elect to submit, post, upload, transmit, or otherwise make available any information, data, text, images, inquiries, feedback, suggestions, ideas, or other materials to or through the Site or directly to the Company (collectively, "User Submissions"), You hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such User Submissions in connection with the Site, the Services, and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter devised.
B. You represent and warrant that You own or otherwise control all rights necessary to grant the licenses granted in this Section IV, and that Your User Submissions do not and will not infringe, misappropriate, or violate any third-party rights (including intellectual property rights, rights of privacy, or rights of publicity) or any applicable laws or regulations.
C. Consent to Electronic Communications, Including SMS/Text Messaging:
i. By providing Your telephone number(s), including any mobile telephone number(s), to the Company, whether through the Site, via email, in person, or otherwise, You expressly acknowledge, consent, and agree to receive communications from or on behalf of the Company at such number(s), including, but not limited to, communications made using an automatic telephone dialing system ("ATDS"), pre-recorded messages, artificial voice messages, and/or Short Message Service (SMS) text messages (collectively, "Electronic Communications").
ii. Such Electronic Communications may be for various purposes, including, without limitation, marketing and promotional messages regarding Our services, appointment reminders, scheduling confirmations, project updates, service-related alerts, follow-up inquiries, and other business-related communications.
iii. You understand that Your consent to receive Electronic Communications, particularly marketing communications via SMS/text, is not a condition of purchasing any goods or services from the Company or entering into any Formal Service Agreement. You may opt-out of receiving marketing-related SMS/text messages at any time by replying "STOP" to any such message received from Us, or by contacting Us directly through the contact information provided on the Site. You acknowledge that opting out of marketing SMS/text messages may not opt you out of transactional or service-related communications necessary for the provision of any services you have requested or are receiving.
iv. Standard message and data rates may apply to any SMS/text messages sent or received in connection with Our communications, as determined by Your mobile carrier. The Company is not responsible for, and shall not be liable for, any such charges.
v. You represent that You are the subscriber or customary user of any telephone number(s) You provide to the Company and that You are authorized to consent to receive calls and messages at such number(s). You agree to promptly notify the Company in the event that You stop using a particular telephone number.
vi. The Company makes no warranty or guarantee regarding the deliverability, timeliness, or accuracy of any Electronic Communications, as these are subject to network operator capabilities and other factors beyond Our reasonable control.
V. DISCLAIMER OF WARRANTIES
A. THE SITE, THE SITE CONTENT, AND THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE, SITE CONTENT, AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
B. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, TIMELINESS, AVAILABILITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SITE, THE SITE CONTENT, OR THE SERVICES, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS.
C. AS STATED IN SECTION I, THE COMPANY EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE VERACITY, ACCURACY, LITERALNESS, OR AUTHENTICITY OF ANY SITE CONTENT, INCLUDING BUT NOT LIMITED TO PHOTOGRAPHS, TESTIMONIALS, PROJECT DESCRIPTIONS, NARRATIVES, OR EXPERIENCES. THE USER ACKNOWLEDGES THAT ALL SUCH SITE CONTENT IS PROVIDED FOR ILLUSTRATIVE AND CONCEPTUAL PURPOSES ONLY AND MAY NOT REFLECT REAL PERSONS, ACTUAL PROJECTS, OR VERIFIABLE OUTCOMES. THE USER AGREES NOT TO RELY ON ANY SUCH SITE CONTENT AS A FACTUAL REPRESENTATION OR GUARANTEE OF ANY KIND. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.
D. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
VI. LIMITATION OF LIABILITY
A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY SITE CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, AND EVEN IF THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, THE SITE CONTENT, OR THE SERVICES, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO THE COMPANY FOR ACCESS TO OR USE OF THE SITE OR SERVICES DURING THE THREE (3) MONTHS PRECEDING THE DATE THE CAUSE OF ACTION AROSE, OR (II) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
C. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION VI SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
D. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
VII. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or relating to: (i) Your violation or breach of any term of this Agreement; (ii) Your use of the Site, Site Content, or Services, other than as expressly authorized in this Agreement; (iii) Your User Submissions, including any claim that such User Submissions infringe or misappropriate any intellectual property or other proprietary right of any third party; (iv) Your violation of any applicable laws, rules, or regulations; or (v) any dispute or issue between You and any third party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with the Company in asserting any available defenses. This indemnification obligation will survive the termination or expiration of this Agreement and Your use of the Site and Services.
VIII. INSURANCE MATTERS
A. The Company shall maintain such insurance coverage as it deems appropriate for its business operations, which may include, but is not necessarily limited to, general liability insurance and workers' compensation insurance, as required by applicable law. Details of the Company's insurance coverage are not typically disclosed publicly but may be provided, where appropriate and necessary, in connection with a Formal Service Agreement.
B. The User acknowledges and agrees that it is solely and exclusively the User's responsibility to procure and maintain adequate and appropriate insurance coverage for their own property, including but not limited to homeowner's insurance, renter's insurance, or other property and casualty insurance, sufficient to cover any potential loss or damage to the User's property, whether pre-existing, occurring during the course of any Project Work, or otherwise. The Company makes no representations or warranties regarding the adequacy of the User's existing insurance coverage.
C. The User understands that the Company's insurance is not intended to, and does not, cover pre-existing conditions, defects, or damages in or to the User's property, nor does it typically cover unforeseen circumstances or events not directly and proximately caused by the negligent acts or omissions of the Company's employees or authorized subcontractors during the performance of Project Work under a Formal Service Agreement.
D. Unless explicitly agreed to in writing within a Formal Service Agreement, no provision of this Agreement or any interaction with the Site shall be construed as a waiver of subrogation rights by the Company or its insurers. Similarly, the User shall consult with their own insurance provider regarding any potential waivers of subrogation they may be required to provide.
E. The Company is not an insurer and does not provide insurance products. Any discussion of insurance within the Site Content is for general informational purposes only and should not be construed as insurance advice or an offer to provide insurance coverage.
IX. GOVERNING LAW AND DISPUTE RESOLUTION
A. This Agreement and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State in which the Company has its principal place of business (the "Governing State"), without giving effect to any choice or conflict of law provision or rule (whether of the Governing State or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Governing State.
B. Mandatory Arbitration; Class Action Waiver:
i. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY.
ii. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
iii. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or, if unavailable, then under its Commercial Arbitration Rules), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location mutually agreed upon by the parties, or, in the absence of such agreement, at a location determined by the arbitrator in the Governing State. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
iv. Notwithstanding any of the foregoing, nothing in this Agreement will prevent You or the Company from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for You or against You for us.
C. Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Site or Services that is not subject to arbitration as set forth above shall be instituted exclusively in the federal courts of the United States or the courts of the Governing State, in each case located in the city and county in which the Company has its principal place of business, although We retain the right to bring any suit, action, or proceeding against You for breach of these Terms in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
X. MODIFICATION AND TERMINATION
A. The Company reserves the unencumbered right, in its sole and absolute discretion, to revise, modify, amend, supplement, or replace any part of this Agreement at any time, with or without prior notice to You. Any such changes will be effective immediately upon posting of the revised Agreement on the Site. It is Your sole responsibility to periodically review this Agreement for any changes. Your continued use of or access to the Site or Services following the posting of any changes to this Agreement constitutes unqualified acceptance of those changes. Should any modification be unacceptable to You, Your only recourse is to terminate this Agreement by ceasing all use of the Site and Services.
B. The Company may terminate or suspend Your access to all or part of the Site or Services at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement, You may simply discontinue using the Site and Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
XI. THIRD-PARTY LINKS AND SERVICES
The Site may contain links to third-party websites, services, or resources that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility or liability for, the content, privacy policies, practices, or availability of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
XII. MISCELLANEOUS PROVISIONS
A. Entire Agreement: This Agreement, together with the Privacy Policy and any other legal notices or guidelines published by the Company on the Site (including any Formal Service Agreement, if applicable), shall constitute the entire, complete, and exclusive agreement between You and the Company concerning Your use of the Site and Services, and supersedes all prior and contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, between You and the Company with respect to such subject matter. In the event of any conflict between the terms of this Agreement and the terms of a Formal Service Agreement, the terms of the Formal Service Agreement shall prevail with respect to the subject matter of that Formal Service Agreement.
B. Waiver: No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. A waiver by the Company of any right or remedy under this Agreement shall only be effective if it is in writing and signed by a duly authorized representative of the Company.
C. Severability: If any provision, sub-provision, or portion thereof of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such provision, sub-provision, or portion thereof shall be eliminated or limited to the minimum extent such that the remaining provisions, sub-provisions, or portions thereof of the Agreement will continue in full force and effect and will be construed to preserve the intent of the parties.
D. Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction or notification. Any attempted assignment by You in violation of this Agreement shall be null and void.
E. No Third-Party Beneficiaries: This Agreement is for the benefit of, and will be enforceable by, the parties only. This Agreement is not intended to confer any right or benefit on any third party, and no action may be commenced or prosecuted against a party by any third party claiming as a third-party beneficiary of this Agreement or any of the transactions contemplated by this Agreement.
F. Headings and Interpretation: The section headings and sub-headings used in this Agreement are for convenience of reference only and shall not affect the interpretation or construction of this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. The words "include," "includes," and "including" shall be deemed to be followed by the words "without limitation."
G. Force Majeure: The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
H. Contact Information: All notices, feedback, comments, requests for technical support, and other communications relating to the Site or this Agreement should be directed to the contact information provided on the PrincetonOrchard.com website, or as otherwise specified by the Company.
ACKNOWLEDGEMENT AND ACCEPTANCE
BY CONTINUING TO ACCESS, BROWSE, UTILIZE, OR OTHERWISE INTERACT WITH THE SITE OR ANY SERVICES OFFERED BY PRINCETONORCHARD.COM, YOU AFFIRM THAT YOU ARE OF SUFFICIENT LEGAL AGE AND CAPACITY TO ENTER INTO THIS AGREEMENT, THAT YOU HAVE DILIGENTLY AND CAREFULLY READ THIS ENTIRE AGREEMENT (INCLUDING ALL INCORPORATED POLICIES), THAT YOU FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND THAT YOU VOLUNTARILY AND UNEQUIVOCALLY AGREE TO BE LEGALLY BOUND BY ALL SUCH TERMS AND CONDITIONS AS IF YOU HAD AFFIXED YOUR MANUAL SIGNATURE HERETO. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF THE SITE AND SERVICES.
ADDENDUM: NOTE ON COMPLEXITY AND PROVISION OF ADJUNCTIVE SIMPLIFIED SYNOPSIS
It is hereby acknowledged and stipulated by all parties hereto that the comprehensive and exhaustive nature of the legal protections, operational protocols, and mutual obligations delineated within this Agreement necessitates a textual architecture of considerable density and intricate legal phraseology. Consequently, the Company, in an ancillary gesture intended to facilitate preliminary conceptual navigation by the User, may, at its sole discretion and without incurring any obligation thereto, provide or make accessible a separate, distinct, and significantly abridged "Plain Language Summary," "Overview," or similarly titled document (hereinafter "Facilitative Synopsis").
The User expressly understands, acknowledges, and irrevocably agrees that any such Facilitative Synopsis, if and when provided, is furnished exclusively for generalized informational convenience and rudimentary orientational purposes. Said Facilitative Synopsis shall, under no circumstances whatsoever, be construed, interpreted, relied upon, or invoked as: (i) a substitute for, (ii) a modification of, (iii) an amendment to, (iv) a derogation from, or (v) a limitation upon, the full, unabridged, and legally binding terms, conditions, covenants, representations, warranties, disclaimers, and limitations set forth in this present, complete, and operative Agreement.
The legal rights, obligations, liabilities, and remedies of both the Company and the User shall be governed exclusively and in their entirety by the express language of this comprehensive Agreement. In the event of any perceived or actual conflict, discrepancy, ambiguity, or inconsistency, howsoever arising, between the content of any Facilitative Synopsis and the content of this Agreement, the terms and provisions of this Agreement shall definitively and unequivocally prevail and control in all respects, without exception or qualification. The User's engagement with any Facilitative Synopsis is entirely voluntary, and the User's obligation to comprehend and adhere to this full Agreement remains absolute, irrespective of the existence, content, or perceived clarity of any such Facilitative Synopsis. The Company disclaims any and all liability for any misunderstanding, misinterpretation, or reliance by the User on any Facilitative Synopsis to the detriment of a full and complete understanding of this governing Agreement.
SECTION XIII: DATA GOVERNANCE, USER INFORMATION, AND INTERACTION TRACKING PROTOCOLS
A. Acknowledgement of Data Interaction: The User comprehends and unequivocally accepts that engagement with, navigation of, or utilization of the Platform and/or Services, by its inherent technological nature, may precipitate or otherwise involve the systematic or incidental collection, processing, transmission, storage, analysis, and utilization of various categories of data and information pertaining to the User, the User's device(s), the User's interaction patterns, and User Submissions (as defined supra). This encompasses, without being exhaustively limited to, information actively provided by the User (such as contact details, inquiry specifics, or uploaded materials) and information passively or automatically collected through technological instrumentalities.
B. Employment of Technological Instrumentalities for Data Ascertainment: The Company, in its ongoing efforts to optimize Platform functionality, enhance user experience, personalize content delivery, perform statistical analyses, effectuate service improvements, ensure security integrity, and for other legitimate business, operational, and (where consented to or permissible by law) marketing objectives, may deploy, or authorize third-party service providers acting on its behalf to deploy, a diverse array of technological means and methodologies for the aforementioned data interaction. Such instrumentalities may include, but are by no means restricted to:
i. Digital Identifiers (Cookies and Analogous Technologies): Persistent and/or session-based alphanumeric data files (commonly known as "cookies"), web beacons, pixel tags, scripts, eTags, local shared objects (Flash cookies), and other similar tracking or identification technologies that are placed, stored, or accessed on the User's access device(s) to facilitate recognition, preference retention, session management, and data aggregation concerning Platform usage.
ii. Analytic Algorithmic Tools: Software, services, or embedded code (such as, by way of non-limiting example, Google Analytics, Hotjar, or similar platforms) designed to capture, record, aggregate, and analyze data regarding user navigation pathways, interaction sequences, page views, dwell times, heatmaps, session recordings, clickstream data, referral sources, browser types, operating systems, IP addresses (which may be utilized to derive approximate geolocation), and other metrics related to the User's interaction with the Site Content and features.
iii. Retargeting and Advertising Technologies: Mechanisms enabling the Company or its designated advertising partners to present targeted advertisements or promotional content to Users on other websites or platforms subsequent to their visitation of the Site, based upon their prior interactions or inferred interests.
C. Reference to Comprehensive Privacy Policy: The overarching framework, specific details, methodologies, purposes, legal bases, and User rights pertaining to the collection, processing, use, disclosure, sharing, retention, security, and management of personal data and other information acquired by or through the Platform are more exhaustively and definitively articulated within the Company's Privacy Policy (hereinafter the "Privacy Policy"). Said Privacy Policy, as may be amended from time to time in accordance with its own terms, is hereby expressly and irrevocably incorporated by reference into this Agreement in its entirety, and shall be deemed an integral, indivisible, and co-extensive component hereof.
D. User's Obligation to Review Privacy Policy: The User represents and warrants that they have been afforded ample opportunity to access, and have a non-delegable responsibility to meticulously review and fully comprehend, the contents of the aforementioned Privacy Policy prior to, or concurrently with, their acceptance of this Agreement and their continued use of the Site or Services. The User's continued access to or use of the Site or Services subsequent to the posting or notification of the Privacy Policy (and any amendments thereto) shall constitute the User's binding acceptance of the terms and practices described therein. Any inquiries or concerns regarding data practices should be directed initially to the procedures outlined within the Privacy Policy. The Company explicitly disclaims any liability arising from a User's failure to familiarize themselves with, or understand the implications of, the Privacy Policy. The interrelation between this Agreement and the Privacy Policy is such that the stipulations of both must be read conjunctively to ascertain the full scope of the User's and the Company's rights and obligations regarding data and privacy.
E. Unilateral Discretion Regarding Service Provision and Engagement:
The Company, in its sole, absolute, and unfettered discretion, and without any obligation to provide antecedent notification, subsequent explication, justification, or recourse to the User or any third party, expressly reserves the perpetual and indefeasible right to: (i) decline to proffer, engage in, or otherwise make available any or all Services to any individual, entity, or for any specific property or project type; (ii. refuse, reject, or terminate any prospective or nascent engagement, inquiry, or request for Services, irrespective of any prior communications or preliminary discussions that may have transpired; and (iii) limit, curtail, circumscribe, suspend, or wholly discontinue the availability, scope, or nature of any Services offered or described on the Site, whether generally or in specific geographic locales or circumstances, at any time and for any reason, or for no reason whatsoever. The User explicitly acknowledges and concedes that no representation, statement, or inference arising from the Site Content or any communication with Company representatives shall be interpreted as a derogation from this reserved right, nor shall it establish any legitimate expectation of service provision or engagement on the part of the User.
F. Non-Binding Nature of Illustrative Pecuniary References:
Moreover, and without prejudice to the generality of the disclaimers herein, any and all exemplars of pricing structures, cost estimations, financial projections, fee schedules, budgetary ranges, or any other pecuniary figures or monetary values presented, alluded to, or displayed within the Site Content, whether explicitly denoted as estimates or otherwise, are proffered strictly and exclusively for generalized illustrative, conceptual, and non-committal informational purposes. Such figures are inherently speculative, subject to manifold variables not ascertainable from mere Site interaction, and shall, under no circumstances whatsoever, be construed, interpreted, or relied upon by the User as constituting a fixed, binding, enforceable, or guaranteed quotation, proposal, offer, or contractual commitment by the Company with respect to the cost of any Project Work or Services, absent their explicit, unambiguous, and formal incorporation into a separately negotiated and duly executed Formal Service Agreement as defined herein.
MISCELLANEOUS PROVISIONS
I. Principle of Severability and Survival of Operative Provisions:
In the event that any individual term, condition, stipulation, covenant, provision, sub-provision, clause, sentence, or discrete portion of this Agreement, or the application thereof to any person, entity, or circumstance, is adjudicated, determined, or otherwise rendered by a court of competent jurisdiction, arbitral tribunal, or other duly authorized adjudicative body to be invalid, illegal, void, ultra vires, unenforceable, or otherwise in contravention of any applicable law, statute, regulation, or public policy, such adjudication, determination, or rendering shall be narrowly construed and shall not invalidate, impair, or otherwise affect the legality, validity, enforceability, or continued full operative effect of any and all remaining terms, conditions, stipulations, covenants, provisions, sub-provisions, clauses, sentences, or discrete portions of this Agreement. The invalidated, illegal, void, ultra vires, unenforceable, or offending part shall be deemed to be reformed, modified, or, if reformation or modification is not feasible, excised and severed from this Agreement to the minimum extent necessary to cure such defect, without prejudice to the remainder of the Agreement, which shall continue to subsist and be interpreted and enforced as if such problematic part had never been contained herein, thereby effectuating the original indivisible intent of the parties to the maximum extent legally permissible. All provisions of this Agreement which by their inherent nature or express terms are intended to survive the termination, expiration, or judicial modification of this Agreement, including but not limited to provisions concerning intellectual property, disclaimers of warranties, limitations of liability, indemnification, and dispute resolution, shall so survive.