Since the 1920s, our family has pioneered better ways to build. Today, Habicon continues that tradition as Utah’s most comprehensive homebuilding partner—from finding your perfect lot to protecting your investment for generations to come.
Heritage Built. Future Ready.
Welcome to Habicon. These Terms and Conditions ("Terms") govern your access to and use of the Habicon website, services, and customer portal (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
Habicon and ModWise (collectively referred to as "Habicon," "we," "us," or "our") provide comprehensive homebuilding services including lot acquisition assistance, construction and financing coordination, custom and semi-custom homebuilding, long-term home maintenance, family risk management solutions, and real estate services.
Please read these Terms carefully before using our Services. If you do not agree with any part of these Terms, you must not use our Services.
These Terms contain important provisions including an arbitration agreement and class action waiver that affect your legal rights. Please review them carefully.
For specific construction projects, you will enter into a separate, detailed construction agreement that will govern the actual building of your home. These Terms govern your general use of our website and preliminary services.
By accessing our website, submitting inquiries, creating an account on our customer portal, or engaging with any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.
These Terms constitute a legally binding agreement between you and Habicon. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
You must be at least 18 years of age and legally capable of entering into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.
Habicon provides a comprehensive ecosystem of homebuilding services, positioning us as your strategic partner throughout your homebuilding journey:
Important: Specific services will be detailed in individual service agreements or construction contracts. These Terms provide a general framework for your relationship with Habicon.
To access certain Services, including our customer portal for project tracking, you may be required to create an account. You agree to:
You are responsible for maintaining the confidentiality of your account credentials. Habicon will not be liable for any loss or damage arising from your failure to protect your account information.
We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct that we deem inappropriate or harmful to our Services or other users.
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, design plans, software, and trademarks (including "Heritage Built. Future Ready." and the Habicon name and logo), are owned by Habicon or our licensors and are protected by copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use.
You may not:
Design plans created specifically for your project will be addressed in your construction agreement. Generally, Habicon retains ownership of architectural plans and design concepts, while granting you a license to use them for your specific project.
You may submit content through our Services, including through forms, the customer portal, or communications with our team. You retain ownership of content you submit, but grant Habicon a license to use such content to provide Services to you.
You agree that any content you submit will:
By providing your contact information, you consent to receive communications from Habicon regarding your project, our Services, and relevant updates. You may opt out of marketing communications as described in our Privacy Policy.
Any pricing information, estimates, or proposals provided through our website or preliminary consultations are for informational purposes only and do not constitute binding offers. Final pricing will be detailed in your construction agreement or service contract.
All construction projects require a separate, detailed construction agreement that will specify:
You are responsible for certain third-party costs including, but not limited to, permit fees, utility connection charges, land purchase costs, and financing fees unless otherwise specified in your agreement.
Prices for materials and labor may fluctuate due to market conditions. We will work with you transparently to address any significant cost changes that may affect your project.
Project timelines are estimates based on typical conditions and are subject to change due to weather, material availability, permitting delays, unforeseen site conditions, or other factors beyond our control.
For construction projects, you must provide or arrange for Habicon and our contractors to have reasonable access to the build site during construction hours.
While Habicon will assist with obtaining necessary permits and ensuring code compliance, you are ultimately responsible for ensuring your project complies with all applicable laws, regulations, and HOA requirements.
Any changes to the project scope, plans, or specifications must be documented through a formal change order process as outlined in your construction agreement.
Habicon is committed to delivering quality craftsmanship consistent with our century-long heritage. We conduct regular inspections and quality control measures throughout the construction process.
Specific warranty terms for construction projects will be detailed in your construction agreement. Generally, we provide:
OUR WEBSITE AND PRELIMINARY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HABICON DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
While we strive for excellence in all our services, we do not guarantee specific outcomes, property values, timelines, or financing approval. Real estate and construction involve inherent uncertainties.
We work with various partners including lenders, real estate professionals, architects, and suppliers. We are not responsible for the actions, quality, or services of these third parties, though we carefully select our partners.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HABICON, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES.
Our total liability to you for any claims arising from or related to these Terms or our Services shall not exceed the amount you have paid to Habicon in the twelve (12) months preceding the claim, or $1,000, whichever is greater.
Exception: Nothing in these Terms limits our liability for gross negligence, willful misconduct, fraud, or matters that cannot be limited by law.
You agree to indemnify, defend, and hold harmless Habicon, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
Before initiating any formal proceedings, you agree to first contact us at legal@habicon.com to attempt to resolve the dispute informally. We commit to working with you in good faith to resolve any concerns.
Except for disputes that may be taken to small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or our Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
YOU AND HABICON 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 OR REPRESENTATIVE PROCEEDING.
Any arbitration shall take place in the county where your property is located or, if no property is involved, in Salt Lake County, Utah.
Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah.
Habicon shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to:
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a revised "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.
For active construction projects, any changes to these Terms will not affect the terms of existing construction agreements unless mutually agreed upon in writing.
You may stop using our Services and close your account at any time. However, termination does not relieve you of obligations under existing agreements or contracts.
We may suspend or terminate your access to our Services if:
Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
Our website may contain links to third-party websites or services, including those of our partners, suppliers, and financing institutions. We do not control, endorse, or assume responsibility for any third-party sites or services. Your use of third-party sites is at your own risk and subject to their terms and conditions.
These Terms, together with our Privacy Policy and any applicable service agreements or construction contracts, constitute the entire agreement between you and Habicon regarding your use of our Services and supersede any prior agreements or understandings.
In the event of any conflict between these Terms and a specific construction agreement, the construction agreement shall control with respect to that particular project.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Habicon may assign these Terms or any rights hereunder without restriction.
Legal notices to Habicon should be sent to:
Habicon
Legal Department
Murray, Utah
Email: legal@habicon.com
We may provide notices to you via email to the address associated with your account, through our customer portal, or by posting on our website.
If you have any questions, concerns, or need clarification about these Terms and Conditions, please contact us:
Habicon
Email: legal@habicon.com
Phone: 801-381-2416
Address: Murray, Utah
Our team is committed to transparency and will gladly address any questions about your rights and obligations.
By using Habicon's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
For construction projects, you will enter into a separate construction agreement that provides detailed terms specific to your project. These general Terms govern your preliminary interactions and use of our website and customer portal.
Habicon - Building Legacies, Building the Future
Heritage Built. Future Ready.
Since the 1920s, our family has pioneered better ways to build. Today, Habicon continues that tradition as Utah’s most comprehensive homebuilding partner—from finding your perfect lot to protecting your investment for generations to come.