THE WEB SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING THE QUALITY, PERFORMANCE, OR FUNCTIONALITY OF THE WEB SITE OR REGARDING THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE WEB SITE OR THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. BALL HOMES, LLC MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE VIRUS-FREE. BALL HOMES, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MECHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, BALL HOMES, LLC LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR ACCEPTANCE OF THESE TERMS
By using this site, you signify your agreement to Ball Homes's Privacy Policy. IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE DO NOT USE THIS SITE. Your continued use of Ball Homes’s and/or its affiliates' sites following the posting of changes to these terms will mean you accept those changes.
General Disclaimer
This website, at the address "Ballhomes.com", is registered to, owned and operated by Ball Homes, LLC, a Kentucky corporation with its headquarters located in Lexington, Kentucky (hereinafter, together with all subsidiaries and affiliates, "Ball" or the Company). By the use of this website, you agree to abide by (hereinafter, the "Agreement") the following terms and conditions:
RESTRICTION ON USE OF MATERIALS
The material used on this website is owned by Ball and is provided solely for the personal use of its users. The site contains materials: (i) created by Ball and/or its affiliates which is protected by applicable copyright and trademark law, or (ii) used with the consent of its owner or creator. The reproduction, re-creation, retransmission or other use of any of the material on this site, whether test, visual image, audio, video, or computer software, without the express written permission of Ball is expressly prohibited. Further, this site is intended solely for non-commercial use.
LIMITATIONS OF LIABILITY/DISCLAIMER
Ball does not warrant or make any representations of any kind with respect to the materials contained on this website. Reliance upon any of the material on this website is at your own peril. Although the Company endeavors to provide accurate information, this site is intended to be for general reference purposes only. This information, including pricing and availability is subject to change at any time. All homes about which information is provided herein are subject to prior sale. Prospective purchasers must visit a Ball Homes sales office to purchase a home. This website may contain inaccurate, incomplete, or out-of-date information. Your sole and exclusive remedy for issues relating to the material on this site shall be to discontinue accessing the site and using the information or material obtained. The users and the Company agree that Ball shall not be liable for any damages relating to the use of, or reliance upon, such material.
TO THE FULLEST EXTEND ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE BALL HOMES, LLC., ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST), RELATED DIRECTLY TO THE ACCESS TO THIS WEBSITE OR THE USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You hereby acknowledge and agree that Ball shall not be responsible for any damage to your computer equipment or other property on account of your use of access to or your downloading of any material from this site.
Ball may provide links to other web sites maintained by other third parties. Ball has not reviewed these link sites, and you hereby acknowledge and agree that Ball shall not be responsible for the content, products or services offered in such sites. To the extent applicable, you responsible for compliance with all local laws regarding material obtained from this or linked websites.
It is agreed and understood that this Agreement shall be governed by, construed and enforced in accordance with, and subject to, laws of the Commonwealth of Kentucky, except to the extent they are superseded or preempted by laws of the United States. If any provision of this Agreement shall be determined to be invalid, unlawful, void or otherwise not enforceable, the parties agree that the validity or enforceability of the remaining provisions of this Agreement shall remain in full force and effect.
It is understood and agreed that this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, representatives, successors and assigns.
TERMINATION
This agreement shall remain in force and effect until terminated by Ball. In the event of termination of this Agreement, restrictions imposed upon you by this Agreement, including all disclaimers, waivers, releases and limitations of liability, shall survive.
We at Ball Homes, LLC (referred to as " Ball Homes, LLC, "Ball Homes", " "we," "us," or "our") recognize the importance of protecting the privacy of certain information ("Information") collected about our customers and prospective customers (referred to as "Customers," "you" or "your"). This privacy statement discloses what information we gather, how we use it, and how to correct or change it. At Ball Homes, LLC it is our intention to give you an understanding about how we collect your Information and the use we make of it in the course of our business.
To that end, Ball Homes, LLC gathers two types of information about Customers: data that Customers provide through optional, voluntary registration on our sites; and data Ball Homes, LLC gathers through aggregated tracking, mainly by tallying page views throughout our sites. Such information enables us to tailor our content to fit Customers' needs better and to help our advertisers understand our audience. Since advertising and e-commerce is a potential source of revenue to Ball Homes, LLC, providing such aggregated data is essential to keeping our service free to Customers. However, be assured that Ball Homes, LLC will not disclose personal Information to third parties without your consent, except as may be noted in this Privacy Policy or disclosed to you when the Information is submitted.
How does Ball Homes, LLC collect information?
Optional Registration
We collect information by specifically requesting it from you. Generally this occurs when you register at a site or request information or a service. Usually, the Ball Homes, LLC sites and Ball Homes, LLC’ service partners use your information to operate the sites and to deliver services. Ball Homes, LLC sites also use your information to inform you about other products or services available from Ball Homes, LLC and its affiliates
Usage tracking
Use of Internet Protocol ("IP") Addresses
An IP address is a unique number that is automatically assigned to your computer whenever you're surfing the Internet so that your computer can be identified by the main computers, known as "Web servers," that "serve up" Web pages.
Ball Homes, LLC and/or its affiliates collect IP addresses for the purposes of system administration, and to audit the use of our site. When Customers request pages from Ball Homes's and/or its affiliates' sites, our servers log the Customers' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a Customer's session will be logged, but the Customer will remain anonymous to us. We can and will use IP addresses to identify a Customer when we feel it is necessary to enforce compliance with our site terms of use or terms of service or to protect our service, site, customers or others.
Use of Cookies
What are cookies? Cookies are small pieces of information that a Web site sends to your computer for record-keeping purposes, which information is stored in a file on your computer. Cookies make Web surfing easier for you by saving your preferences so that we can use the saved information to facilitate your use of our Web site when you return to the site. Cookies do not tell us your individual identity unless you have chosen to provide it to us. We never save passwords in cookies. The use of cookies is an industry standard, and as such, you'll find that most major Web sites use them.
By showing how and when Customers use a site, cookies help us see which areas are popular and which are not. Many improvements and updates to the site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies. We use the information from cookies to provide services better tailored to our Customers' needs.
Most cookies expire after a defined period of time, or you can delete your cookie file at any time. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of www.ballhomes.com and/or its affiliates' services will not function properly or may be considerably slower if you refuse cookies. For example, without cookies, you will not be able to set personalized preferences, and/or may have difficulty completing marketing transactions.
Ball Homes, LLC and/or its affiliates have two primary uses for its cookies. First, we use them to specify a Customer's preferences. Second, we use cookies to track Customers' Web site usage trends and patterns. This helps us understand our Customers' needs better and improve areas of Ball Homes’s and/or its affiliates services that our Customers find valuable. While both of these activities depend on the use of cookies, you have the option of disabling the cookies via your browser preferences.
With whom does Ball Homes, LLC share my Information?
As a general rule, Ball Homes, LLC will not disclose any specific personal information that you submit to us about you ("Personal Information") in a manner that connects you with the Personal Information, except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. The following describes some of the ways that your Personal Information may be disclosed.
Business Partners & Sponsors
Ball Homes, LLC may disclose some or all of your Personal Information to business partners or sponsors, but this use will be specifically described to you prior to data collection or prior to transferring the data. Many promotions offer opportunities to request additional information from sponsors. By requesting more information, you give Ball Homes, LLC permission to transfer your Personal Information to the sponsor so they can fulfill your request. In many instances, only your e-mail address will be shared. If more Personal Information will be shared with the sponsor, you will be notified prior to the transfer.
Third Party & Aggregate Data
From time to time, you may be offered the opportunity to receive materials or special offers from third parties. If you opt to receive information from these third parties, Ball Homes, LLC will (with your permission) share your name and e-mail address with such third parties. Under confidentiality agreements, Ball Homes, LLC may match Personal Information with third party data. Also Ball Homes, LLC may keep track of what portions of the Web site Customers are visiting and other Customer statistics, and aggregate this information to help us create a better experience for users of our Web site. This is all done without knowing your name or other Personal Information in order to describe our viewers and services to prospective partners, advertisers, and other third parties, and for other lawful purposes.
Other
Ball Homes, LLC may also disclose account Information in special cases when we have reason to believe that disclosing this Information is necessary to identify, contact or bring legal action against someone who may be violating Ball Homes’s terms of use or terms of service, or may be causing injury to or interference (either intentionally or unintentionally) with any of Ball Homes’s rights or property, other Ball Homes customers. Ball Homes, LLC may disclose or access account Information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.
How can you control the usage of Information?
In case you change your mind or some Personal Information changes (such as your zip code or e-mail address), we will try to provide a way to correct, update or remove the Personal Information that you give us. We also give you the opportunity to control the communications we direct to you. We offer Customers the opportunity to "opt out" of having Personal Information shared with parties outside of Ball Homes, LLC and/or its affiliated companies. If a Customer wishes to update Personal Information or objects to any usage provided herein for any reason, he/she may e-mail the requested change to:
personalinfo@ballhomes.com.
What happens when you link to a third party site?
You should be aware that when you are on Ball Homes's or its affiliates' sites you could hyperlink or be directed to other sites that are beyond our control and/or outside our service. For example, if you "click" on a link to Ball Realty, Walden Mortgage, Milestone Realty Consultants, or a link to one of our suppliers or industry partners, the "click" may transfer you off the
www.ballhomes.com site. These other sites may include sites of advertisers, sponsors and partners that may use Ball Homes's and/or its affiliates' logo as part of a co-branding agreement. These other sites may send their own cookies to Customers, collect data, or solicit Information.
Ball Homes, LLC and its affiliates do not control such sites, and, therefore, are not responsible for their contents or the hyperlinks or advertising they choose to place on such sites. Ball Homes's and/or its affiliates' inclusion of hyperlinks to these sites do not imply any endorsement of the material on such sites or any association with their operators. Ball Homes's policy does not extend to anything that is inherent in the operation of the Internet, which is not in Ball Homes's and its affiliates' control.
Please keep in mind that whenever you give out information online (for example, via message boards or chat) that information can be collected and used by people you don't know. While Ball Homes, LLC and its affiliates strive to protect their Customers' information and privacy, we cannot guarantee the security of any information you disclose online, and you disclose such information at your own risk.
Is my Information secure from others using the www.ballhomes.com site?
The security of all information associated with our Customers is an important concern to us. We exercise care in providing secure transmission of your information from your computer to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your information, Ball Homes, LLC and its affiliates can't ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, Ball Homes, LLC uses industry standard efforts to safeguard the confidentiality of your information, such as firewalls and Secure Socket Layers. However, "perfect security" does not exist on the Internet.
Fair Housing Policy
All real estate information herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, or national origin, or intention to make any such preference, limitation or discrimination." Your state or local jurisdiction may impose additional achievement of equal housing opportunity. Ball Homes encourages and supports no barriers to obtaining housing of race, color, religion, sex, disability, familial status, or national origin. All dwellings within the United States advertised by Ball Homes and its affiliated entities are available on an equal opportunity basis.