Terms
Welcome to www.homesbyguardian.com (the “Website”), operated by Homes By Guardian (“Builder,” “we,” “us,” or “our”). By accessing or using this Website, you agree to be bound by these Terms and Conditions. Please read them carefully before using the Website. If you do not agree with these Terms and Conditions, please do not use the Website.
1. Acceptance of Terms
By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to these Terms and Conditions, as well as any additional terms, policies, or disclaimers that may appear on the Website.
2. Changes to These Terms
We reserve the right to modify or update these Terms and Conditions at any time. Changes will be effective when posted to the Website unless otherwise stated. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms and Conditions.
3. Website Content and Home Information
The information provided on this Website is for general informational and marketing purposes only and is not intended to constitute a binding offer, contract, or guarantee.
We make reasonable efforts to provide accurate and current information; however, we do not warrant that all information is complete, accurate, current, or free from errors.
We reserve the right to make changes at any time, without prior notice or obligation, to:
- Homes, homesites, and communities
- Pricing, availability, and specifications
- Floor plans and elevations
- Home designs, features, finishes, and materials
- Amenities and community information
- Promotions, incentives, and special offers
- Included features and options
- Square footage, dimensions, and measurements
- Construction details and architectural elements
Prices, availability, incentives, promotions, features, and specifications may change without notice and may be subject to additional terms, restrictions, qualifications, or expiration dates.
Square footage, measurements, dimensions, and room sizes are approximate and may vary from actual constructed homes.
Floor plans, photographs, videos, illustrations, artist renderings, virtual tours, images, colors, landscaping, furnishings, decorative elements, and other visual materials are provided for illustrative purposes only. They may depict features, options, upgrades, landscaping, or other elements that are not included in the base price of a home or may not be available in every home or community.
Actual homes as constructed may vary from the images, plans, renderings, and other materials displayed on the Website.
Any floor plans, architectural plans, designs, drawings, or other design materials displayed on the Website remain the property of Builder or its applicable licensors. They may not be copied, reproduced, distributed, modified, or used without prior written permission.
Nothing on this Website constitutes a valid offer to sell or purchase real estate. Any purchase or sale of a home or property is subject to a separate written agreement and the terms contained in that agreement. In the event of a conflict between information on this Website and a fully executed purchase agreement, the terms of the purchase agreement will control.
4. Intellectual Property
All content on the Website, including text, photographs, graphics, logos, trademarks, service marks, floor plans, designs, illustrations, videos, and other materials (collectively, the “Content”), is owned by or licensed to Builder and is protected by applicable intellectual property laws.
You may view and use the Website and its Content for your personal, non-commercial use only. You may not reproduce, distribute, modify, publish, transmit, display, create derivative works from, or otherwise use any Content without our prior written permission.
Nothing in these Terms grants you any ownership or license rights to our trademarks, copyrights, designs, or other intellectual property except as expressly stated.
5. Acceptable Website Use
You agree to use the Website only for lawful purposes and in a manner that does not interfere with the operation or security of the Website or the rights of others.
You may not:
- Upload or transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to the Website or its systems
- Interfere with or disrupt the Website or its servers
- Use automated tools, bots, scrapers, or other systems to collect or extract Website Content without our permission
- Use the Website for fraudulent, unlawful, or abusive purposes
- Impersonate another person or entity
- Engage in activity that could damage, disable, overburden, or impair the Website
We reserve the right to restrict or terminate access to the Website if we believe these Terms have been violated.
6. User-Submitted Information
If you submit information through the Website, including through contact forms, inquiry forms, surveys, or other features, you agree that the information you provide is accurate and that you have the right to provide it.
You are responsible for the information you submit and for ensuring that it does not violate the rights of any third party or applicable law.
Our collection and use of personal information is described in our Privacy Policy.
7. Third-Party Websites and Services
The Website may contain links to third-party websites, services, lenders, real estate professionals, vendors, social media platforms, or other resources. These third-party websites are not owned or controlled by Builder.
We are not responsible for the content, availability, accuracy, security, or privacy practices of third-party websites. Your use of third-party websites is at your own risk and is subject to the terms and policies of those third parties.
8. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Website and its Content are provided on an “as is” and “as available” basis without warranties of any kind, express or implied.
We do not guarantee that the Website will always be available, uninterrupted, secure, or error-free, or that information provided through the Website will always be accurate, complete, or current.
Nothing in these Terms is intended to exclude or limit any warranty or consumer protection right that cannot legally be excluded or limited under applicable law.
9. Limitation of Liability
To the fullest extent permitted by law, Builder and its owners, officers, employees, affiliates, agents, contractors, and service providers will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to your access to or use of, or inability to access or use, the Website or its Content.
This limitation applies regardless of the legal theory on which a claim is based, including contract, tort, negligence, or otherwise, and even if we have been advised of the possibility of such damages.
10. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Builder and its owners, officers, employees, affiliates, agents, contractors, and service providers from and against claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Website, your violation of these Terms, or your violation of any applicable law or the rights of another person or entity.
11. Privacy
Your use of the Website is also subject to our Privacy Policy, which describes how we collect, use, and protect information obtained through the Website.
12. Governing Law
These Terms and Conditions will be governed by and interpreted in accordance with the laws of the state of [State], without regard to its conflict-of-law principles, except where applicable law requires otherwise.
13. Severability
If any provision of these Terms and Conditions is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.
14. Contact Us
If you have questions about these Terms and Conditions, please contact us:
Homes By Guardian
guardianinfo@cheyennehomes.com
5024 Sullivan Street
Cheyenne, WY 82009
(307) 201-3876

