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Effective Date: April 15, 2026 · Last Updated: April 15, 2026
These Website Terms of Use ("Terms") are entered into by and between you and Updwell Homes LLC, a Utah limited liability company ("Updwell," "Company," "we," "us," or "our"). These Terms govern your access to and use of updwell.com (opens in new tab), including all content, functionality, tools, features, forms, virtual-tour tools, portals, chat tools, applications, integrations, and services offered on or through the website, including but not limited to our Privacy Policy (collectively, the "Website").
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THAT OPTION IS MADE AVAILABLE, OR BY SUBMITTING INFORMATION THROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE AND AVAILABLE AT Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
These Terms relate only to the Website and online interactions with Updwell. They are in addition to, and not in lieu of, any separate written agreement between you and Updwell, including any reservation agreement, real estate purchase contract, addendum, warranty document, homeowner manual, financing document, broker registration, design-selection agreement, smart-home agreement, or other transaction-specific agreement. If there is a conflict between these Terms and a separately executed written agreement signed by Updwell, the separately executed written agreement controls solely as to the subject matter of that agreement.
The Website is intended only for persons who are at least eighteen (18) years old and reside in the United States. By accessing or using the Website, you represent and warrant that: (a) you are at least eighteen (18) years old; (b) you have the legal capacity to enter into these Terms; (c) if you act on behalf of any other person, entity, trust, or organization, you have full authority to bind that person or entity; and (d) all information you submit through the Website is true, accurate, current, complete, and not misleading.
You may use the Website only for lawful purposes and only in accordance with these Terms. Any use of the Website inconsistent with these Terms is unauthorized and may result in suspension or termination of access.
The Website and all information on it are provided solely for general informational and marketing purposes.
Nothing on the Website constitutes or shall be construed as: (a) an offer to sell; (b) a solicitation of an offer to buy; (c) a binding reservation of any homesite, home, or community; (d) a commitment by Updwell to sell, build, deliver, finance, reserve, hold, price, or make available any home, homesite, community, product, incentive, option, upgrade, or service on any particular terms; or (e) an approval of financing or a commitment to lend.
No binding obligation to sell or purchase real property, provide any incentive, honor any pricing, reserve any homesite, or provide any product or service arises unless and until the parties execute a separate written agreement approved and signed by Updwell and all conditions required by law and by that agreement are satisfied.
An online inquiry, contact form, waitlist signup, interest-list signup, tour request, appointment request, financing inquiry, text-message opt-in, chat exchange, virtual-tour access, portal activity, saved-home function, file submission, or similar interaction does not create any contractual right, reservation right, priority right, broker-protection right, financing right, purchase right, or agency relationship.
Website content is not legal, tax, accounting, lending, appraisal, surveying, engineering, architectural, construction, environmental, insurance, investment, title, brokerage, or other professional advice. You should consult your own professional advisors before relying on any Website content.
If there is any inconsistency between Website content and a separately executed written agreement signed by Updwell, the signed written agreement controls.
All prices, incentives, financing programs, rates, availability, estimated completion dates, delivery dates, floor plans, elevations, square footages, dimensions, room sizes, lot sizes, materials, finishes, colors, appliances, landscaping, features, options, upgrades, premiums, school information, tax information, utility providers, HOA information, assessments, views, open space, community features, maps, and other Website content are subject to change, correction, substitution, delay, discontinuance, or withdrawal at any time without notice.
Renderings, floor plans, site plans, maps, community layouts, videos, virtual tours, photographs, models, artist concepts, streetscapes, and similar materials are illustrative only. They may depict upgraded features, optional items, conceptual landscaping, off-site improvements, furnishings, decorator items, mature vegetation, or conditions that are not included in the base price, not standard, not available in all communities, or not available at all.
All dimensions, square footages, lot sizes, and similar measurements are approximate and may vary due to design revisions, engineering, field conditions, code changes, survey matters, governmental requirements, manufacturer changes, and construction tolerances. School information, utility information, tax information, and similar third-party or public-source information may change and are not guaranteed.
Views, open space, buffers, trails, parks, schools, commercial uses, roadways, neighboring development, and other existing or future conditions may change and are not guaranteed. Any statement regarding future development, community phasing, amenities, recreational features, commercial uses, or public improvements is subject to change without notice and should not be relied upon.
Homes and homesites may be sold, reserved, unavailable, placed on hold, changed, reconfigured, renumbered, replatted, or withdrawn without notice.
Updwell reserves the right, without notice, to make substitutions, modifications, omissions, and changes in materials, products, brands, models, features, plans, specifications, methods, and designs as Updwell deems appropriate or necessary, including due to availability, supply-chain conditions, manufacturer changes, code requirements, regulatory requirements, field conditions, or other circumstances.
Updwell supports applicable fair housing and equal housing opportunity requirements. Nothing on the Website is intended to express any unlawful preference, limitation, or discrimination.
The Website and all text, designs, graphics, images, photographs, videos, audio, logos, trade dress, compilations, interfaces, source code, object code, software, architectural works, floor plans, home designs, marks, databases, metadata, and other content on the Website (collectively, "Content") are owned by Updwell, its affiliates, licensors, or content providers and are protected by copyright, trademark, trade dress, patent, trade secret, and other intellectual property and proprietary-rights laws.
Subject to these Terms, Updwell grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and to print or download a reasonable number of copies of pages from the Website solely for your personal, non-commercial use in evaluating Updwell communities, homes, and services.
Except as expressly permitted by these Terms, you may not copy, reproduce, republish, upload, post, publicly display, frame, mirror, scrape, crawl, harvest, index, data mine, transmit, distribute, sell, license, modify, translate, reverse engineer, decompile, disassemble, create derivative works from, or otherwise exploit the Website or any Content without Updwell's prior written consent.
Without limiting the foregoing, you may not use any floor plan, elevation, rendering, photograph, design element, architectural work, text, metadata, or other Content appearing on the Website for construction, replication, resale, competitive analysis, automated extraction, machine-learning training, artificial-intelligence training, model development, synthetic dataset creation, prompt generation, or any other unauthorized purpose.
All names, logos, product names, service names, slogans, and trade dress displayed on the Website are proprietary to Updwell or their respective owners. Use of any such marks without prior written permission is prohibited.
Updwell does not wish to receive confidential, proprietary, or unsolicited ideas, concepts, plans, designs, drawings, product suggestions, marketing proposals, inventions, know-how, or similar materials unrelated to a specific requested interaction.
If you nevertheless submit such material, whether through the Website or otherwise, then to the fullest extent permitted by law: (a) the submission will be deemed non-confidential and non-proprietary; (b) Updwell will have no obligation to review, acknowledge, return, compensate you for, or keep the submission confidential; and (c) Updwell will be free to use, disclose, reproduce, modify, adapt, publish, display, distribute, and otherwise exploit the submission for any lawful purpose without restriction or compensation.
If you submit information through contact forms, tour-request tools, chat tools, text-message opt-in features, virtual-tour functions, warranty-request tools or portals, design-selection tools, scheduling tools, financing inquiry forms, homeowner portals, file-upload functions, saved-home features, or similar Website functions, whether now or in the future, you agree that the information is accurate and that you have the right to provide it.
If any portion of the Website permits account creation or password-protected access, you are responsible for: (a) maintaining the confidentiality of your username, password, and other credentials; (b) restricting access to your device or account; and (c) all activity occurring under your account, whether or not authorized by you.
You must notify Updwell promptly of any known or suspected unauthorized use of your account or credentials. Updwell is not liable for any loss or damage arising from your failure to protect credentials.
Unless specifically requested by Updwell through a secure and designated process, do not send Social Security numbers, driver's license numbers, full bank account numbers, payment card numbers, medical or health information, or other sensitive personal information through general Website forms, email, chat tools, or file-upload functions.
If the Website permits you to upload photographs, videos, documents, warranty materials, punch-list materials, or similar content, you represent and warrant that you own or control all necessary rights and that such materials do not violate any law or third-party right. You grant Updwell and its affiliates, contractors, and service providers a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, process, and use such materials as reasonably necessary to review and respond to your request, administer services, maintain records, comply with law, and improve operations.
Updwell may, but has no obligation to, monitor submissions and may remove, reject, disable, or decline to process any submission at any time.
You agree not to: (a) use the Website in violation of any law, regulation, or third-party right; (b) impersonate any person or entity or misrepresent your affiliation, identity, authority, or intent; (c) submit false, inaccurate, misleading, or fraudulent information; (d) harass, threaten, stalk, defame, abuse, or invade the privacy of any person; (e) upload or transmit viruses, malware, spyware, ransomware, corrupted files, or other harmful code; (f) attempt to gain unauthorized access to any portion of the Website, server, database, account, or connected system; (g) use any robot, bot, scraper, autonomous agents, spider, crawler, indexing agent, AI agent, or other automated means to access, monitor, collect, harvest, or copy the Website or its Content without Updwell's prior written consent; (h) interfere with the security, operation, or functionality of the Website; (i) use the Website or its Content for artificial-intelligence training, machine-learning training, model development, prompt generation, or creation of derivative datasets without Updwell's prior written consent; (j) use the Website or Content for any unauthorized commercial purpose; or (k) assist or encourage any third party to do any of the foregoing.
By providing contact information to Updwell through the Website, including through contact forms, tour requests, text-message opt-in features, or similar Website functions, you consent to receive communications from Updwell and its affiliates, agents, contractors, and service providers by email, telephone, prerecorded voice, and text message, including through automated technology, regarding inquiries, appointments, communities, homes, transactions, warranty matters, customer care, and related marketing, subject to applicable law.
Consent to receive marketing calls or texts is not a condition of purchasing any goods or services.
You may opt out of marketing emails by using the unsubscribe mechanism in the email and may opt out of marketing text messages by replying "STOP," and, where enabled, may request assistance by replying "HELP," in each case subject to processing time and applicable law. Transactional, service-related, safety-related, or legally required messages may still be sent as permitted by law.
You consent to receive notices, disclosures, and communications electronically where permitted by law.
The Website may contain links to or integrate with third-party websites, plug-ins, virtual-tour tools, chat tools, applications, mapping tools, geolocation tools, analytics services, advertising technologies, CRM systems, scheduling tools, lenders, title and escrow providers, warranty vendors, smart-home providers, financing tools, payment tools, social media features, and other third-party content, products, or services.
Updwell provides these links and integrations solely for convenience. Updwell does not own or control and is not responsible for the availability, content, offerings, policies, terms, privacy practices, data security, acts, omissions, products, services, or practices of any third party.
Any dealings between you and a third party are solely between you and that third party. Updwell makes no representation or warranty regarding any third-party product or service and disclaims all responsibility and liability arising from your use of or reliance on any third-party site, product, service, tool, or content. Please be aware that our efforts to maintain accessibility and usability are ongoing. While we strive to have the Website exceed or meet applicable standards, some third-party content or integrations may not yet be fully accessible.
The Website is operated from the United States and is intended for use in the United States. Updwell makes no representation that the Website or any Content is lawful, appropriate, or available in other locations. Anyone accessing the Website from outside the United States does so at that person's own initiative and is responsible for compliance with local law.
The information presented on or through the Website is made available solely for general information and convenience. Updwell does not warrant the accuracy, completeness, timeliness, usefulness, legality, reliability, or suitability of Website content.
Any reliance you place on the Website is strictly at your own risk. To the fullest extent permitted by law, Updwell disclaims all liability and responsibility arising from any reliance placed on Website content by any visitor or by any person informed of its contents.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
UPDWELL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AVAILABILITY, SECURITY, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE.
UPDWELL DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT WILL BE COMPLETE, CURRENT, OR ACCURATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL UPDWELL, ITS AFFILIATES, OR THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, DIMINUTION IN VALUE, COST OF SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE WEBSITE, THE CONTENT, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF UPDWELL AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00); OR (B) THE AMOUNT, IF ANY, PAID BY YOU DIRECTLY TO UPDWELL SOLELY FOR USE OF THE WEBSITE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations of implied warranties or liability. In such jurisdictions, the foregoing limitations apply only to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless Updwell, its affiliates, and their respective managers, members, officers, employees, agents, contractors, licensors, successors, and assigns from and against any and all claims, demands, causes of action, liabilities, damages, judgments, awards, fines, penalties, losses, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to: (a) your use of the Website; (b) your violation of these Terms; (c) any submission made by you; (d) your violation of any law or third-party right; or (e) your fraud, negligence, willful misconduct, or unauthorized conduct.
Updwell may, in its sole discretion and without notice, suspend, restrict, disable, or terminate access to all or any part of the Website, any account, or any portal function for any reason or no reason, including if Updwell believes you have violated these Terms, submitted inaccurate information, created security or legal risk, or interfered with Website operations.
Updwell shall not be liable to you or any third party for any suspension or termination of access.
The provisions of these Terms that by their nature should survive termination will survive, including provisions concerning ownership, licenses, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous matters.
These Terms and any dispute arising out of or relating to the Website or these Terms will be governed by the laws of the State of Utah, without regard to conflict-of-laws principles.
Subject to the arbitration provision below, any action or proceeding arising out of or relating to the Website or these Terms must be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and each user irrevocably consents to the personal jurisdiction and venue of those courts.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Except for claims that may be brought in small claims court on an individual basis and claims by Updwell for injunctive or equitable relief to protect intellectual property, confidential information, security, or other proprietary rights, any dispute, claim, or controversy arising out of or relating to the Website, these Terms, or their interpretation, breach, termination, enforcement, or validity, including the determination of the scope or applicability of this arbitration provision, shall be resolved exclusively by final and binding arbitration on an individual basis.
The Federal Arbitration Act governs the interpretation and enforcement of this Section.
The arbitration shall be administered by JAMS pursuant to its then-current Streamlined Arbitration Rules and Procedures, or if JAMS is unavailable, by the American Arbitration Association under its applicable consumer rules, except as modified by these Terms. The arbitration shall be conducted before one arbitrator in Salt Lake County, Utah, unless the parties agree otherwise or remote participation is permitted by the applicable rules.
THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT INDIVIDUAL PARTY'S CLAIM.
If twenty-five (25) or more similar claims are asserted by the same or coordinated counsel or are otherwise coordinated, grouped, or filed in a manner that Updwell reasonably contends constitutes a mass filing, then Updwell may elect to have such claims administered in staged batches of up to ten (10) claimants at a time, with only one batch proceeding at a time until the prior batch is concluded. Any applicable limitation period shall be tolled for claims held in abeyance during staged administration.
If any portion of this Section 17 is found unenforceable as to a particular claim or remedy, the unenforceable portion shall be severed, and the remainder shall be enforced to the fullest extent permitted by law. If the class, collective, mass, or representative-action waiver is found unenforceable, then this Section 17 shall be unenforceable only as to that claim, and such claim shall proceed exclusively in the courts identified in Section 16.
To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Website or these Terms must be commenced within one (1) year after the claim or cause of action accrues, unless a longer period is required by non-waivable law.
Updwell may revise these Terms from time to time in its sole discretion. Updated Terms will be effective when posted on the Website unless a later effective date is stated. Continued use of the Website after revised Terms are posted constitutes acceptance of the revised Terms to the fullest extent permitted by law.
Legal notices to Updwell concerning these Terms must be sent to:
Updwell Homes LLC 890 Heritage Park Blvd Suite 104 Layton, UT 84041 Attn: Legal Department Email: updwelladmin@gmail.com
Notices are effective only when actually received by Updwell. Updwell may designate a different notice address by posting an updated address on the Website.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
No waiver by Updwell of any term or condition shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. No waiver shall arise from any course of dealing, delay, failure to enforce, or partial exercise of any right or remedy.
You may not assign your rights or delegate your obligations under these Terms without Updwell's prior written consent. Any attempted assignment in violation of this sentence is void. Updwell may assign these Terms without restriction.
These Terms, together with the Privacy Policy and any other legal notices posted on the Website, constitute the entire agreement between you and Updwell concerning the Website and supersede all prior or contemporaneous communications regarding the Website.
Updwell is committed to making its Website usable by all people, including those with disabilities. We strive to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you encounter any difficulty using or accessing any element of the Website, please contact us at (801) 784-9100 or updwelladmin@gmail.com. We will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you (for example, through telephone support).