Terms of Service

This website, schellbrothers.com, together with any related subdomains, pages, features, and services (collectively, the “Site”), is owned and operated by Schell Brothers, LLC. As used in these Terms of Service, “we,” “us,” “our,” and “Schell Brothers” mean Schell Brothers, LLC and its parent, subsidiaries, and affiliated entities, including without limitation its division and regional operating companies. By accessing or using the Site, you (“you,” “user,” or “end user”) agree to be bound by these Terms of Service (collectively, the “Terms of Service” or “Agreement”).

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THIS SITE.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING HOW DISPUTES BETWEEN YOU AND SCHELL BROTHERS ARE RESOLVED. SEE THE “DISPUTE RESOLUTION; ARBITRATION; CLASS-ACTION WAIVER” SECTION BELOW.

Eligibility and Acceptance.

You represent that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you use the Site on behalf of an entity, you represent that you are authorized to bind that entity to this Agreement.

Intellectual Property.

You acknowledge and agree that all content and information on the Site, including text, graphics, logos, images, photographs, renderings, floor plans, designs, layouts, and software, is owned by or licensed to Schell Brothers and is protected by copyright, trademark, and other proprietary rights and laws.

Except as expressly permitted in writing by Schell Brothers, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivative works from, sell, or re-sell any content or information obtained from or through the Site. “Schell Brothers,” the Schell Brothers logo, and related names and marks are trademarks of Schell Brothers and may not be used without our prior written permission.

Acceptable Use.

You agree that you will not, and will not permit any third party to:

•       Use the Site for any unlawful purpose or in violation of any applicable law or regulation;

•       Use any robot, spider, scraper, data-mining tool, or other automated means to access, copy, or harvest content or data from the Site;

•       Attempt to gain unauthorized access to, interfere with, disrupt, or circumvent the security of the Site, its servers, or any associated systems or networks;

•       Introduce any viruses, malware, or other harmful code; or

•       Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with another party’s use of the Site.

No Offer; Illustrative Content; No Reliance.

All content on the Site, including community information, home designs, floor plans, renderings, elevations, square footage figures, features, options, pricing, availability, and completion or delivery dates, is provided for general informational and illustrative purposes only. Such content is subject to change without notice, may contain errors, and does not constitute a representation, warranty, or guarantee. Nothing on the Site constitutes an offer to sell, or the solicitation of an offer to buy, any real property or home.

Any purchase of a home or real property is governed solely by a separate written purchase agreement signed by you and the applicable Schell Brothers entity. In the event of any conflict between the Site and such purchase agreement, the purchase agreement controls. You agree not to rely on the Site as the basis for any purchasing decision and to verify all material information directly with Schell Brothers and through the applicable purchase agreement.

Third-party Sites.

The Site may contain links to other websites maintained by third parties. These links are provided solely as a convenience and do not imply endorsement of, or association with, the linked party by Schell Brothers. We do not control and are not responsible for the content, privacy practices, or policies of any third-party website. Your use of any third-party website is at your own risk and subject to that website’s terms and policies.

Privacy.

Your use of the Site is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy describes how we collect, use, and disclose information about you. Please review it at the link provided on the Site.

User Submissions.

If the Site permits you to submit comments, inquiries, reviews, or other content (“Submissions”), you grant Schell Brothers a non-exclusive, royalty-free, worldwide, perpetual, and transferable license to use, reproduce, and display such Submissions in connection with operating and promoting the Site and our business. You represent that you own or have the necessary rights to your Submissions and that they do not violate any law or third-party right. We may, but are not obligated to, monitor or remove any Submission at our discretion.

Copyright Complaints (DMCA).

If you believe content on the Site infringes your copyright, please send a written notice to our designated agent containing the information required under the Digital Millennium Copyright Act (17 U.S.C. § 512), including identification of the work, the allegedly infringing material and its location, your contact information, and a statement of good-faith belief and accuracy under penalty of perjury. Notices may be sent to the contact address listed in the “Contact Us” section below, Attn: DMCA Agent.

Modifications to this Agreement.

Schell Brothers reserves the right to change or modify any of the terms and conditions in this Agreement at any time, in its sole discretion. We will post the revised Agreement on the Site and update the “Date of Last Update” below. For material changes, we will use commercially reasonable efforts to provide additional notice, such as a notice on the Site. It is your responsibility to review the Site and these Terms of Service periodically. Your continued use of the Site after the effective date of any modification constitutes your acceptance of the modified Terms of Service.

Termination of Use.

Schell Brothers shall have the right to immediately terminate or suspend, in its sole discretion, your access to all or part of the Site, with or without notice, for any reason or no reason. Upon termination, the provisions of this Agreement that by their nature should survive—including Sections 2 (Intellectual Property), 4 (No Offer), 11 (Disclaimer of Warranty), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), and 15 (Governing Law)—will continue in effect.

Disclaimer of Warranty.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND DISCRETION. THE SITE AND ALL CONTENT AND INFORMATION CONTAINED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SCHELL BROTHERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SCHELL BROTHERS MAKES NO WARRANTY THAT (I) THE SITE AND ITS CONTENT OR INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (III) ANY ERRORS IN THE SITE WILL BE CORRECTED. THE SITE MAY INCLUDE TECHNICAL MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. SCHELL BROTHERS RESERVES THE RIGHT TO CHANGE THE SITE, ITS CONTENT, AND INFORMATION AT ANY TIME WITHOUT NOTICE.

Limitation of Liability.

IN NO EVENT SHALL SCHELL BROTHERS OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT AND INFORMATION OBTAINED THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCHELL BROTHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SCHELL BROTHERS ARISING OUT OF OR RELATED TO THE SITE OR THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

Certain jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Indemnification.

You agree to indemnify, defend, and hold harmless Schell Brothers and its affiliates, and their respective officers, members, managers, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your Submissions, your violation of this Agreement, or your violation of any law or the rights of any third party.

Dispute Resolution; Arbitration; Class-Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. Except as otherwise provided below, any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Site shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration shall be conducted in Sussex County, Delaware, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AND SCHELL BROTHERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding.

Nothing in this Section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. If any portion of this Section is found unenforceable, the remainder shall remain in effect, except that if the class-action waiver is found unenforceable as to a particular claim, that claim shall proceed in court.

Governing Law and Venue.

This Agreement and any dispute arising out of or related to it or your use of the Site shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions. Subject to the Dispute Resolution section above, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Sussex County, Delaware, for any matter not subject to arbitration.

General Provisions.

Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Schell Brothers regarding the Site and supersedes all prior agreements on that subject.

Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

No Waiver. Our failure to enforce any provision of this Agreement will not constitute a waiver of that or any other provision.

Assignment. You may not assign this Agreement without our prior written consent. We may assign this Agreement freely.

Headings. Section headings are for convenience only and do not affect interpretation.

Contact Us.

If you have questions about this Agreement, please contact us at:

Schell Brothers, LLC

20184 Phillips Street, Rehoboth Beach, DE 19971

Date of Last Update.

This agreement was last updated on June 25, 2026.