Effective Date: April 15, 2016 | Last Updated: April 15, 2026
These Terms and Conditions (the "Agreement") constitute a legally binding contract between you ("User," "Client," "you," or "your") and Wildflower Development Group, LLC, its affiliates, subsidiaries, and related entities (collectively, "Wildflower," "Company," "we," "us," or "our").
By accessing, browsing, or using wildflowerdev.com or any associated platforms, services, or properties (collectively, the "Services"), you acknowledge that you have read, understood, and unconditionally agree to be bound by this Agreement. If you do not agree to these terms, you are expressly prohibited from using our Services and must discontinue use immediately.
All content, materials, and digital assets contained on our Services—including but not limited to architectural renderings, floor plans, site maps, photographs, text, graphics, logos, videos, software, and underlying code—are the exclusive intellectual property of Wildflower Development Group, LLC or its licensors and are strictly protected by United States and international copyright, trademark, and trade dress laws.
Wildflower grants you a limited, non-exclusive, non-transferable, and revocable license to access and view the content solely for your personal, non-commercial use in evaluating our construction and development services. You are expressly prohibited from copying, reproducing, modifying, distributing, displaying, reverse-engineering, or creating derivative works from any Wildflower intellectual property without our prior, explicit written authorization. Unauthorized use of our floor plans or designs for construction purposes will be prosecuted to the fullest extent of the law.
The information provided on our Services is for general informational purposes only and does not constitute a legally binding offer to sell, build, or develop any specific property.
Wildflower operates in a dynamic development market. We reserve the absolute right to modify, alter, or withdraw any pricing, floor plans, community layouts, available lots, or material specifications at any time, without prior notice or obligation to you.
Material Substitutions: During the course of construction, supply chain constraints may occur. Wildflower expressly reserves the right to substitute materials, fixtures, appliances, or architectural details with items of equal or greater value and utility, at our sole and absolute discretion. Estimated construction timelines provided verbally or on this website are not guaranteed and do not constitute a contractual deadline.
By accessing our Services, you agree that you will not:
While we strive to provide accurate information, the digital landscape and construction industry are subject to constant change.
THE SERVICES, INCLUDING ALL WEBSITE CONTENT, MATERIALS, AND INFORMATION, ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WILDFLOWER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
This limitation of liability represents a fundamental element of the basis of the bargain between you and Wildflower. The Services would not be provided without such limitations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILDFLOWER, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).
IN NO EVENT SHALL WILDFLOWER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THIS WEBSITE EXCEED THE LESSER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO WILDFLOWER FOR DIGITAL SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). THIS CAP DOES NOT APPLY TO SEPARATELY EXECUTED REAL ESTATE OR CONSTRUCTION CONTRACTS, WHICH ARE GOVERNED BY THEIR OWN INDIVIDUAL TERMS.
You agree to fully defend, indemnify, and hold harmless Wildflower Development Group, LLC, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees) arising from:
This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services.
Governing Law: This Agreement shall be governed by and construed strictly in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions.
Mandatory Binding Arbitration: By using the Services, you agree that any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by mandatory, binding arbitration. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The seat of the arbitration shall be exclusively in Winnebago County, Wisconsin. The arbitrator's decision shall be final, binding, and non-appealable, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
By agreeing to arbitration, you understand and agree that you are waiving your right to a trial by jury and your right to litigate claims in a public court.
YOU AND WILDFLOWER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Wildflower shall be entirely excused from any failure or delay in performance under this Agreement, or related to our construction and development services, to the extent such failure or delay is caused by events beyond our reasonable control. Such events include, but are not limited to: acts of God, natural disasters, severe weather conditions, pandemics, government decrees or actions, strikes, labor disputes, supply chain failures, material shortages, utility failures, or civil unrest.
This Agreement constitutes the entire and exclusive understanding between you and Wildflower regarding your use of the Services, superseding all prior communications, understandings, and agreements. (Note: Separate written real estate and construction contracts will independently govern those specific physical transactions).
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
Wildflower reserves the absolute right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions at any time without prior notice. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions regarding these Terms and Conditions, or wish to report a violation, please contact our administrative office: