Last Updated [4/27/2026].
Thank you for visiting Emery Lane Homes, LLC. Please review these Terms of Service carefully. By accessing our Website and/or opting in to our SMS/text message communications, you are agreeing to these Terms and are expressing that you have been given reasonable access to review these Terms prior to your continued use of our Website. This Agreement is binding as of the date you access our Website.
1. General Purpose
These Terms of Service constitute an agreement between You (the Website user and/or SMS recipient) and Emery Lane Homes, LLC. They govern how you may access and use our Website and any related services, including SMS/text message communications.
By accessing our Website or opting into SMS communications, you are agreeing to these Terms and our Privacy Policy (available at https://emerylanehomes.com/), which is hereby incorporated by reference. If you do not wish to agree to these Terms, you must immediately quit using our Website and services.
2. SMS / Text Message Terms of Service
Emery Lane Homes, LLC operates an SMS messaging program (the “Program”) to communicate with customers and prospective customers.
Program Name: Emery Lane Homes SMS Communications
Program Description: By opting in to our SMS program, you consent to receive text messages from Emery Lane Homes, LLC regarding property listings, appointment reminders, real estate updates, follow-up communications, promotional offers, and other relevant business communications.
The following terms apply specifically to your enrollment and participation in our SMS messaging program:
IMPORTANT: By providing your mobile phone number and opting into our SMS program, you expressly consent to receive text messages from Emery Lane Homes, LLC at the mobile number provided. Consent is not a condition of any purchase. You may opt out at any time by texting STOP.
3. Age Limitations
Our Website and SMS program are offered to users who are at least 13 years old. If you are not at least 13 years old, you are not allowed to use our Website. By continuing to use our Website and/or SMS communications, you represent that you meet the minimum age requirements to form a binding contract in your jurisdiction.
4. Changing Terms
We reserve the right to update and revise these Terms at any time without prior notice. The date that these Terms were last updated is noted at the top of this Agreement. Your continued use of the Website and/or continued enrollment in our SMS program after we have updated these Terms indicates your acceptance and agreement to the changes. For material changes to SMS terms, we will provide reasonable notice where required by law.
5. Website Changes and Access
As our Company evolves, our Website and its contents will change with it. We reserve the right to delete, withdraw, or edit this Website (and any service or material we provide) at any time and without notice. We are not liable to you if the Website or any part of it is unavailable.
If you are prompted to provide registration information or other details to access the Website or any part of it, you warrant that the information you provide is correct and accurate.
6. Privacy
We respect your privacy and are committed to protecting it. We collect and use certain information to operate our Company and Website. Please review our Privacy Policy to understand the types of data we collect from you and your devices in connection with your use of our Website and SMS communications, and how we use your data.
By continuing to use our Website and/or SMS services, you agree with how we collect and use your data as described in these Terms and our Privacy Policy.
7. Protection of Personal Information
If you are provided with a username, password, or any other security information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity.
You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website using your credentials. You agree to notify us immediately of any unauthorized access to or use of your credentials. You agree to ensure that you exit from your account at the end of each session.
8. Intellectual Property
All intellectual property rights, including but not limited to trademarks, copyrighted material, trade secrets, and other proprietary information are owned by Emery Lane Homes, LLC and its designees. The Company has the sole exclusive right to reproduce, share, and create derivative works from this intellectual property.
You are only allowed to access the Website and our content for your personal, non-commercial use. You may not reproduce, modify, or share material contained on or downloaded from our Website. You may not use the Company’s trademarks, brand names, logo marks, service marks, designs, or slogans without written permission from the Company.
9. Linking to Website and Social Media
If you are linking to our Website as a credited source, you must include a link to our Website in the cited material. No information or content from our Website should be copied in its entirety without express written permission.
All links to our Website must establish that you do not have any association or endorsement from the Company (absent a separate written agreement). You agree to immediately remove any and all links at the Company’s request.
10. Restricted Uses
Our Website and SMS program should only be accessed and used for lawful purposes according to these Terms. You are not allowed to use the Website or our SMS communications:
Additionally, you may not:
11. User Submissions
From time to time, our Website may contain features that enable you to submit or post content. All user submissions must comply with this Agreement.
All user submissions are non-confidential. You relinquish to the Company all proprietary rights in the same upon submission. You understand and agree that anything you submit or post through our Website grants the Company and our designees the right to use such material in any capacity for any purpose.
You understand and agree that you are solely responsible and liable for any submissions you make. The Company will not be held liable in any way for your submissions or posts.
12. Consent to Use of Submissions
By submitting reviews, images, comments, testimonials, or tags to us on any platform including social media and online reviews, you grant us a commercial license and voluntarily release us to use your submissions for any reasonable future business use. We may use your name and/or photo along with any other publicly acknowledged information you have revealed when referring to your submissions.
13. Consent for SMS/Text Message Communications
By providing your mobile phone number and opting in to receive text messages from Emery Lane Homes, LLC, you expressly consent to collecting, using, and sharing your information for SMS communication purposes as described in our Privacy Policy.
Consent to receive SMS communications is not a condition of any purchase, service, or engagement with Emery Lane Homes, LLC. You may opt out at any time by replying STOP to any message.
No mobile information will be shared with third parties/affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties, except for aggregators and providers of the Text Message services.
14. Monitoring and Enforcement
We value all user submissions, but we are unable to review all submissions before they are posted to the Website. We cannot be held liable for the failure to remove objectionable submissions. However, the Company may remove user submissions and content for any reason at its sole discretion without notice.
The Company may also terminate user access to the Website and/or SMS program for any reason without notice. The Company reserves the right to take legal action against any user who violates this Agreement.
15. User Content Guidelines
We care about providing a safe, inclusive space through our Website. User submissions are not allowed to:
16. Website Disclaimer
We do not warrant the accuracy, completeness, or usefulness of the information found on our Website. Any reliance you place on such information is at your own risk.
The Website and its content are informational in nature and do not represent any level of legal, medical, financial, or other professional advice. The Company will not be responsible for any damages that result from the use of our Website and its content.
17. External and Affiliate Links
From time to time, we will link to external websites and sources outside of our Company for your convenience. These links may include advertisements, affiliate links, third-party website links, and sponsored links. We have no control over the contents of these sites, nor do we have any access to making changes to them.
18. No Warranties and No Guarantees
The Company is providing this Website and all content accessible through it on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied. We cannot guarantee that the Website and any downloadable content will be free from viruses or other harmful code. We make no warranty as to the accuracy and reliability of information on the Website.
You understand and agree that the Company does not guarantee specific results, including financial or other business gains for you personally or for your business. The information included on the Website is provided for informational purposes only.
19. Limitation of Liability
The Company is in no way liable to You or any other third party for any and all damages including, but not limited to, punitive or exemplary damages resulting from negligence relating to this Agreement or your use of this Website or SMS communications, regardless of whether you were advised of such damages or the foreseeable nature of those damages.
Emery Lane Homes, LLC is not responsible for any delays, failures in delivery, or any other issues related to the transmission or receipt of text messages. Delivery of text messages is subject to effective transmission by your mobile carrier and is not guaranteed. By subscribing to our SMS services, you acknowledge and agree that Emery Lane Homes, LLC will not be liable for any damages, losses, or injuries arising from or related to the use or failure to receive any text messages, including but not limited to delays, non-delivery, or technical issues.
If found applicable by a court of competent jurisdiction, the Company’s total liability arising out of or related to this Agreement will be limited to the total amount paid to the Company preceding the event giving rise to the claim.
20. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its designees in all cases arising out of your use of our Website, SMS services, web content, services, or any information contained therein.
21. Binding Arbitration
In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The arbitration will be held in Maricopa, Arizona. If the arbitration is unable to move forward in the designated jurisdiction, the Company will elect another venue. The Parties will equally share in the costs and expenses of arbitration.
22. Choice of Law
This Agreement and the Parties’ relationship are governed by the laws of the State of Arizona, County of Maricopa. In the event of conflicting laws, the laws of Arizona will control.
23. Severability and No Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in this Agreement will remain valid and enforceable. By failing to enforce any right or provision of this Agreement, we are not waiving the right or ability to enforce the same rights or provisions in the future.
24. Transfer and Assignment
You may not transfer or assign any of your rights under this Agreement to any third party without the express written consent of the Company.
25. Notices
We may provide notice to you by sending a message to the email address provided by you, by SMS (if applicable), or by posting to the Website. You may provide notice to the Company by certified mail to:
Emery Lane Homes, LLC
4643 E. Thomas Road, Suite 1, Phoenix, AZ 85018
Email: info@emerylanehomes.com
Contact Form: https://emerylanehomes.com/contact-us/
26. Entire Agreement
These Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any products and the use of the Website and SMS communications. The Company reserves any and all rights not expressly granted in these Terms.
Thank you for reading the Terms of Service in its entirety. We hope you were able to gain clarity on how to effectively use and engage with our Website and communications.