General
HomeTownBuilders.com,
LLC ("HTB") is pleased
to give you access to its HomeTownBuilders
Website, HomeTownBuilders.com
(the "Site"), free of
charge. Your use of the Site,
and all information, products
and services on this Site (collectively,
the "Services") are
subject to the binding legal terms
set forth below ("Terms").
You understand we may update these
Terms from time to time without
giving you any notice. Unless
we let you know by giving you
notice, any new features or updated
Services that we put on the Site
will be subject to these Terms.
BY USING THE SERVICES, YOU AGREE
TO EACH OF THE TERMS SET FORTH
BELOW. IF YOU DO NOT AGREE WITH
ANY TERM OR CONDITION SET FORTH
BELOW, DO NOT USE THE SERVICES
FOR ANY PURPOSE. The Site contains
links to other Websites. Your
use of such other Websites is
subject to the terms of use, if
any, contained within each such
Website. If there is any conflict
between the Terms set forth below
and any terms or notices set forth
on any other Website, then the
terms of such other Website will
control your use of that Website.
Please review the terms of use
for each Website so that you understand
all of the terms that will apply.
In order
to use the Services, you need
Internet access. You also need
equipment to access the Services,
including computer, modem and
other devices. You are responsible
for the costs of your Internet
access and the equipment needed,
and HTB is not responsible for
any of these costs. Some parts
of the Site may contain mature
or adult content intended for
people who are at least 18 years
old. If you view this adult content,
we understand that you are telling
us that you are at least 18 years
old and that the material you
are viewing is acceptable to you.
Parental control protections (such
as computer hardware, software
or filtering services) are commercially
available that may assist parents
in limiting access to content
that may be harmful to minors.
Although
we attempt to make sure all of
the information on the Site, including
but not limited to builder information,
pricing, location, floorplan images, lot size, vendor information, etc. is accurate,
by continuing to use this Site,
you acknowledge, understand and
agree that it may not be current,
accurate, or complete and that
HomeTownBuilders.com, LLC and
its suppliers do not warrant or
guarantee such accuracy. YOU ARE
SOLELY RESPONSIBLE FOR INDEPENDENTLY
VERIFYING ALL INFORMATION ON THE
SITE BEFORE RELYING ON THAT INFORMATION
IN ANY MANNER.
Privacy
Any information that we may collect
from you during your use of the
Site is subject to our Privacy
Policy. We encourage you to read
and understand our Privacy Policy
which can be accessed at Privacy
Policy.
Registration
If you decide to become a registered
user of the Site, you will be
asked to give us some information
about yourself. If you are not
registered with us, please register
and become eligible for our enhanced
membership benefits.
During
the registration process, you
agree to give us true, accurate
and complete information about
yourself, and to promptly update
this information when it changes.
If you do not update it, we may
suspend or terminate your use
of the Site as explained below.
Any personal information that
you provide to us is subject to
the terms of our Privacy Policy.
Account
Information and Password Protection
When
you register, you will be assigned
your email address as your user
name and you will select a password
so that you can access your account
with us. You agree that you will
keep this information confidential.
You are completely responsible
for maintaining the confidentiality
of your password and for all activities
undertaken with your account and
password. You agree to log off
of the Services at the end of
each session to prevent fraud
on your account by third parties.
If you think there has been unauthorized
use of your account or password,
you agree to immediately notify
HTB and cooperate with us to resolve
it. You understand that if you
do not follow the terms of this
paragraph, we may suspend or terminate
your use of this Site as explained
below. You understand that we
are not responsible in any way,
and will not be liable to you
or to any third person, if you
do not comply with the terms of
this paragraph.
How
You Can Use the Services
You
may use the Services on the Site
for your personal, non-commercial
use. You may make a single copy
of the individual screens you
see when you use the Services,
but only for your personal, non-commercial
use, and not for further distribution
or transfer to others. You may
not-and agree not to-modify, reformat,
copy, display, distribute, transmit,
publish, license, create derivative
works from, transfer or sell any
information, products or services
obtained from the Services, except
as set forth in this Agreement.
No
License Granted
Except for allowing you to use
the Site for your personal use
as set forth in the paragraph
above, when you use the Site you
are not receiving a license or
any other rights from us, including
intellectual property or other
proprietary rights of HTB. YOU
UNDERSTAND THAT YOU HAVE NO RIGHTS
TO THE SERVICES OR ANY OTHER HTB
PROPERTY EXCEPT AS INDICATED IN
THIS AGREEMENT.
Protecting
Children
The
safety of children is very important
to us. HTB is a general audience
Website that complies with the
Children's Online Privacy Protection
Act. When a child under age 13
attempts to register with HTB,
we ask that they have a parent
or guardian establish an account.
This is to ensure that the parent
or guardian consents to the collection
and use of personally identifying
information from that child. If
a parent wishes to refuse to permit
further collection or use of their
child's information by HTB, that
parent can send an e-mail to us
at support@hometownbuilders.com
to request deletion of their child's
account.
HTB
strives to create a truly safe
place for children on the Internet
and over the airwaves. Parental
control protections (such as computer
hardware, software or filtering
services) are commercially available
that may assist parents in limiting
access to content that may be
harmful to minors.
Your
Postings to this Site
On
some parts of our Site, you may
be allowed to post or tell us
your comments on a given topic,
or start a new topic for others
to respond to. If you post anything,
you guarantee to us that:
You
have legal rights to post your
material and it will not violate
any law or the rights of any person;
You
are entirely responsible for all
material you upload, post, e-mail,
transmit or otherwise make available
by and/or through the Site; and
You
are at least 18 years old if you
are in an "adults only"
area. All information and materials
of any kind, including graphics,
sounds, text, or otherwise posted
or provided by any user on our
Site ("User Content")
are subject to the following terms:
(1)
By posting User Content you give
us the royalty-free, irrevocable,
perpetual, worldwide right to
allow other people to use the
User Content as described in these
Terms; and to use, distribute,
modify, display, publicly perform,
and create derivative works from
this User Content, in any and
all media, in any manner, in whole
or in part, without any restriction
or responsibilities to you;
(2) You understand that we are
not responsible for the truth,
completeness, objectivity, or
usefulness of any User Content,
nor do we endorse any User Content;
(3) We do not verify the identity
of people using our Site, and
you assume the risk of believing
any User Content you read; and
(4) We do not screen, monitor,
edit or review User Content. We
do have the right, in our sole
discretion, to monitor or remove
any User Content at any time and
without notice if we believe it
will improve our Site. We can
also suspend or terminate use
of the Services by anyone who
does not follow these Terms. Nevertheless,
because we do not prescreen content,
you understand that by using our
Site, you may be exposed to User
Content that is offensive or objectionable.
Conduct
of Registered Users and Visitors
We believe
that all registered users and
visitors benefit from basic rules
regarding conduct while using
any of the chat room, bulletin
board, e-mail, messaging or discussion
area Services, if offered, so
that everyone feels free to share
opinions and ideas. The free flow
of ideas is jeopardized when a
few individuals act irresponsibly.
To help everyone have a positive
experience, we ask, and you agree,
to follow the following basic
rules of conduct when using the
Site:
(1)
You will follow these Terms and
all applicable laws;
(2) You will never give your password
to anyone (no HTB employee will
ever ask for it) and you will
not provide your billing or credit
information except to make a purchase;
(3) You will not harass, threaten
or abuse other people when using
the Site in any manner;
(4) You will not interfere with
others' use of the Site, including
by interrupting other users' sessions,
scrolling down (automatically
or manually) to make it difficult
for them, or otherwise act in
a way that negatively affects
other users' enjoyment of the
Services;
(5) You will not upload, post,
e-mail, or otherwise make available
any User Content that is obscene
or may be hateful or offensive
on racial, ethnic, sexual or any
other grounds; is harmful, vulgar
or distasteful; or is defamatory,
libelous, or invades another person's
privacy or proprietary rights,
including any patent, trademark,
trade secret, or copyrights of
any party;
(6) You will not attempt to harvest
any screen names of e-mail addresses
for any commercial use;
(7) You will not collect or store
personal information about any
other individual on the Site,
or otherwise stalk, repeatedly
contact or harass another user;
(8) You will not impersonate any
other person or misrepresent a
relationship with any person or
entity, including misrepresenting
a relationship with HTB; similarly,
you will not adopt a false identity
if the purpose of doing so is
to deceive or defraud another;
(9) You will not use the Services
to harm minors in any way, or
encourage interactions with minors
of a sexual nature;
(10) You will not manipulate the
Services so as to hide your identity
or participation in Services on
the Site (by using another person's
identity, changing headers, or
otherwise modifying any other
possible identifier);
(11) You will not post any User
Content that contains any viruses,
cancel bots, Trojan horses, harmful
code, or other computer programs
or code designed to interrupt
the Services we provide, users'
ability to enjoy the Services,
or the proper functioning of any
software, hardware or equipment
or materials used in connection
with the Services; and
(12) You will not send any bulk
unsolicited advertising, promotional
information, e-mail or other solicitation
(including without limitation
junk mail, "spam," chain
letters or pyramid schemes of
any sort) to any person through
the use of the Services, except
in areas that specifically authorize
you to do so (auction forums,
for instances).
Please report any violations of
these Terms to support@hometownbuilders.com
If you
violate any of the guidelines
set forth above, or any other
aspect of these Terms, we reserve
the right to suspend or terminate
your rights to use the Services
without giving you any notice.
In the event that your service
is terminated, you will immediately
lose access to any information
that may be on the system. YOU
UNDERSTAND THAT HTB IS NOT RESPONSIBLE
FOR YOUR INABILITY TO ACCESS ANY
INFORMATION ON THE SITE FOR ANY
REASON, WHETHER IT BE BECAUSE
OF TERMINATION OF YOUR ACCOUNT;
SOFTWARE, HARDWARE, OR INTERNET
PROBLEMS OR ERRORS; OR ANY OTHER
REASON.
Disclosure
of Your Identity
From
time to time we may receive requests
to disclose the identities of
our users. We only will disclose
the identities of ours users or
other personally identifiable
information in accordance with
the terms of our Privacy Policy.
See Privacy
Policy.
Indemnity
You
understand that you are personally
responsible for your behavior
while on the Site and for all
User Content provided via your
account, and agree to indemnify
and hold HTB and its affiliates
and their officers, directors,
employees and agents harmless
from and against any loss, damage,
liability, cost or expense of
any kind (including attorneys'
fees) that we may incur in connection
with a third party claim or otherwise,
in relation to your use of the
Services, your User Content, or
your access to the Site, or your
violation of either these Terms
or the rights of any third party.
Disclaimer
of Warranties
YOU UNDERSTAND THAT YOUR USE OF
THE SERVICES (INCLUDING ANY DOWNLOAD
FROM THE SERVICES AND ANY LOSS
OF DATA OR OTHER DAMAGE TO YOUR
COMPUTER SYSTEM YOU EXPERIENCE
FROM USING THE SERVICES) IS AT
YOUR SOLE RISK. YOU UNDERSTAND
THAT THE SERVICES AND ALL INFORMATION,
PRODUCTS AND OTHER CONTENT (INCLUDING
THIRD PARTY INFORMATION, PRODUCTS
AND CONTENT) INCLUDED IN OR ACCESSIBLE
FROM THE SITE, ARE PROVIDED ON
AN "AS IS" "WHERE-IS"
AND "WHERE AVAILABLE"
BASIS, AND ARE SUBJECT TO CHANGE
AT ANY TIME WITHOUT NOTICE TO
YOU. YOU ACKNOWLEDGE THAT HTB
MAKES NO WARRANTY THAT THE SERVICES
WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE. YOU UNDERSTAND
THAT HTB DOES NOT WARRANT THAT
THE RESULTS OBTAINED FROM YOUR
USE OF THE SERVICES WILL MEET
YOUR EXPECTATIONS. NO WARRANTY
OF ANY KIND, WHETHER ORAL OR WRITTEN,
CAN MODIFY THE TERMS OF THE DISCLAIMER
SET FORTH IN THIS DOCUMENT.
TO THE
FULLEST EXTENT PERMITTED BY LAW,
HTB DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF ANY
KIND (EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS) AS TO THE
SERVICES AND ALL INFORMATION,
PRODUCTS AND OTHER CONTENT (INCLUDING
THIRD PARTY INFORMATION, PRODUCTS
AND CONTENT) INCLUDED IN OR ACCESSIBLE
FROM THE SITE.
Liability
Disclaimer
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL HTB OR ITS
AFFILIATES BE LIABLE TO YOU (OR
ANY THIRD PARTY MAKING CLAIMS
THROUGH YOU) FOR ANY DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES,
OR DAMAGES FOR LOSS OF USE, PROFITS,
DATA OR OTHER INTANGIBLES, OR
THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, UNAUTHORIZED
ACCESS TO AND TAMPERING WITH YOUR
PERSONAL INFORMATION OR TRANSMISSIONS,
ARISING OUT OF OR RELATED TO THE
USE, INABILITY TO USE, UNAUTHORIZED
USE, PERFORMANCE OR NON-PERFORMANCE
OF THE SITE OR THE SERVICES, EVEN
IF HTB HAS BEEN ADVISED PREVIOUSLY
OF THE POSSIBILITY OF SUCH DAMAGES
AND WHETHER SUCH DAMAGES ARISE
IN CONTRACT, NEGLIGENCE, TORT,
UNDER STATUTE, IN EQUITY, AT LAW
OR OTHERWISE.
Access
Restrictions; Termination
We can
terminate your access to the Site
or the Services at any time. We
may also remove any User Content
that you post without cause and
without notice to you.
We can
also change these Terms at any
time, and your continued use of
the Services after any change
we make will mean that you agreed
with the changes. Notice to you
may be made by displaying notices
or links to notices to you generally
on the Services. IN THE EVENT
THAT YOU DO NOT AGREE TO ANY CHANGE,
PLEASE DO NOT ACCESS OR USE THE
SERVICES IN ANY MANNER FOR ANY
PURPOSE.
Unscheduled
Site Down Times
There
may be other delays and service
interruptions from time to time.
We apologize for any inconvenience
this may cause you. If you have
questions regarding this, please
contact support@hometownbuilders.com
Copyrights
All
content on the Site is owed by
HomeTownBuilders.com, LLC and/or
its licensees and protected by
applicable law, with all rights
reserved. HTB takes the protection
of intellectual property rights,
including copyrights, very seriously.
HTB will terminate your access
to, or use of, the Site and/or
the services, without notice to
you, if you infringe or misappropriate
the intellectual property rights,
including copyrights, of others.
Pursuant
to the Digital Millennium Copyright
Act, Title 17, United States Code,
Section 501 et seq., copyright
owners or their authorized agents
may submit a complaint of alleged
copyright infringement to HTB
if they have a good-faith belief
that their protected works are
being infringed. HTB will respond
to all such notifications that
are sent to:
HomeTownBuilders.com,
LLC
PMB
287 7110 Brighton Park Dr. Ste
400, Charlotte, NC 28227
To be
effective, the notification must
be a written communication that
includes:
A
physical or electronic signature
of a person authorized to act
on behalf of the owner of a right
that is allegedly infringed;
Identification
of the copyrighted work claimed
to have been infringed, or, if
multiple copyrighted works at
a single Website are covered by
a single notification, a representative
list of such works at that Website;
Identification
of the material that is claimed
to be infringing or to be the
subject of infringing activity
and that is to be removed or access
to which is to be disabled, and
information reasonably sufficient
to permit the service provider
to locate the material;
Information
reasonably sufficient to permit
the service provider to contact
the complaining party, such as
an address, telephone number,
and, if available, an electronic
mail address at which the complaining
party may be contacted;
A
statement that the complaining
party has a good-faith belief
that use of the material in the
manner complained of is not authorized
by the copyright owner, its agent,
or the law; and
A
statement that the information
in the notification is accurate,
and under penalty of perjury,
that the complaining party is
authorized to act on behalf of
the owner of an exclusive right
that is allegedly infringed.
Upon
receipt of such notification,
HTB shall promptly investigate
the matter, and, if appropriate,
remove or disable access to the
allegedly infringing material.
After HTB removes or disables
access to such material, if such
material was posted by a user
of the Site, HTB will notify the
party that posted the material
of its action. Such party may
then provide HTB's designated
agent proper "counter-notification"
stating his, her or its authority
to post the allegedly infringing
material, which HTB will forward
to the alleged copyright owner.
HTB will inform the alleged copyright
owner that HTB will repost the
removed material or cease disabling
access to it in ten to fourteen
business days unless the alleged
copyright owner sends a second
notification to HTB's designated
agent stating that it has filed
suit against the alleged infringer.
An effective
counter-notification must be sent
to HTB's designated agent, whose
name and address are listed above.
The notice must include the following
information:
The
counter-notifying party's physical
or electronic signature;
Identification
of the material that has been
removed or disabled and the location
where the material was before
its removal or disablement;
A
statement, under penalty of perjury,
that the party has a good faith
belief that the material was removed
or disabled as a result of mistake
or misidentification; and
The
counter-notifying party's name,
address, phone number, and a statement
that the party consents to the
jurisdiction of the federal court
in its district, or if the subscriber
is foreign, it consents to any
jurisdiction where HTB is subject
to jurisdiction, and that the
subscriber will accept service
of process from the person who
provided HTB with notification
or an agent of such a person.
Equal
Housing Opportunity
All
real estate advertising on the
Site is subject to the Fair Housing
Act, which makes it illegal to
advertise any preference limitation
or discrimination based on race,
color, religion, sex, handicap,
familial status or national origin,
or an intention, to make any such
preference, limitation or discrimination.
Familial status includes children
under the age of 18 living with
parents or legal custodians; pregnant
women; and people securing custody
of children under 18.
HTB
will not knowingly accept any
advertising for real estate which
is in violation of the law. All
visitors to the Site are hereby
informed that all dwellings advertised
in this Site are available on
an equal opportunity basis. To
complain of discrimination call
the U.S. Department of Housing
and Urban Development toll-free
at 800-669-9777. The toll-free
telephone number for the hearing
impaired is 800-927-9275.
Trademarks
HomeTownBuilders and HomeTownBuilders.com
are trademarks of HomeTownBuilders.com,
LLC.
Miscellaneous
These
Terms are the entire agreement
between you and HTB. They supersede
any and all prior or contemporaneous
agreements between you and HTB
relating to your use of the Site
or the Services. If any part of
these Terms is determined to be
invalid or unenforceable, it will
not impact any other provision
of these Terms, all of which will
remain in full force and effect.
These Terms are governed by, and
will be interpreted in accordance
with, the laws of the State of
North Carolina, without regard
to any choice of law provisions.
You agree that, with the exception
of injunctive relief sought by
HTB for any violation of HTB'
proprietary or other rights, any
and all disputes relating to these
Terms, your use of the Site or
the Services shall be resolved
by arbitration in accordance with
the then-current rules of the
American Arbitration Association
(the "AAA") before an
independent arbitrator designated
by the AAA. The location of arbitration
shall be Charlotte, North Carolina
USA. You can direct any questions
concerning these Terms to:
HomeTownBuilders.com,
LLC
PMB 287 7110 Brighton Park Dr
Ste 400
Charlotte,
NC 28227
HomeTownBuilders
is a trade name of HomeTownBuilders.com,
LLC
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