TERMS & CONDITIONS

Effective Date: January 1, 2025

Welcome to www.nolenhomes.com. These Terms and Conditions ("Terms") govern your use of our website and services provided by Nolen Homes ("Company", "we", "us", or "our"). By accessing or using our website, you agree to be bound by these Terms. If you do not agree with any part of these terms, please do not use our website.

1. Acceptance of Terms

By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement. These Terms apply to all visitors, users, and others who access or use our services.

2. Use of Website

2.1 Permitted Use

You may use our website for lawful purposes only. You agree to use the website only for purposes that are permitted by these Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

2.2 Prohibited Use

You are prohibited from using the site or its content:

• For any unlawful purpose or to solicit others to perform or participate in any unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To interfere with or circumvent the security features of our website

3. Intellectual Property Rights

Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, floor plans, architectural renderings, and other materials on the website (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.

The Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

4. Services Description

Nolen Homes provides luxury custom home building and interior design services in the Dallas, Texas area. Information about our services on this website is for general informational purposes only and does not constitute an offer to perform services or a guarantee of any specific outcome.

All projects are subject to separate written agreements that will govern the specific terms of our engagement. Pricing, timelines, and project specifications are determined on a case-by-case basis.

5. Privacy Policy

Your use of our website is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

6. Disclaimers

6.1 Website Content

The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the website.

6.2 Professional Advice

Nothing on this website constitutes professional advice. The content is for general information purposes only. You should not rely on any information on this website as a substitute for professional advice relevant to your specific circumstances.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, in no event shall Nolen Homes, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the website
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the website
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our website by any third party
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website

8. Indemnification

You agree to defend, indemnify, and hold harmless Nolen Homes and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the website
• Your violation of any term of these Terms
• Your violation of any third party right, including without limitation any copyright, property, or privacy right
• Any claim that your use of the website caused damage to a third party

9. Termination

We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11. Dispute Resolution

Any dispute arising out of or relating to these Terms or the website shall be resolved through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit to binding arbitration in Dallas County, Texas, in accordance with the rules of the American Arbitration Association.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Entire Agreement

These Terms constitute the entire agreement between us regarding our website and supersede and replace any prior agreements we might have had between us regarding the website.