TERMS AND CONDITIONS OF USE AGREEMENT
THIS PAGE STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE
THIS INTERNET SITE. PLEASE READ THIS PAGE CAREFULLY. IF YOU DO NOT ACCEPT THE TERMS AND
CONDITIONS STATED HERE, YOU MAY NOT, AND ARE NOT AUTHORIZED TO, USE THIS SITE. Healthy Builders, LLC, CORP. MAY REVISE THESE
TERMS AND CONDITIONS AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE
PERIODICALLY TO REVIEW THE TERMS AND CONDITIONS BECAUSE THEY ARE BINDING ON YOU WHEN YOU
USE THIS SITE. Healthy Builders, LLC IS THE NAME OF THE COMPANY AND BUGFREE HOME IS
NOT ANY TYPE OF WARRANTY NOR DOES IT IMPLY ANY TYPE OF GUARANTEE.
- Limited License to Use.
Healthy Builders, LLC, Corp. an Oklahoma Corporation, hereby
grants you a limited, non-exclusive, non-assignable and non-transferable license to access
and use the bugfreehome.com online service and all public pages of the bugfreehome.com
domain(s) (the "Internet Site") operated by Healthy Builders, LLC, and expressly
conditioned upon, your agreement that all such access and use shall be governed by all of
the terms and conditions set forth in this Terms and Conditions of Use Agreement (this
"Agreement"). You hereby acknowledge and agree as follows:
- The Internet Site.
The term Internet Site shall be deemed to include all areas,
pages and any subscription or any other software, product, service, plan, data, or
information provided by Healthy Builders, LLC, or third-parties (collectively referred to
herein as "Information") on the bugfreehome.com, Internet domain. From
time to time, Healthy Builders, LLC, may display or allow third parties to display
Information on the Internet Site, including, but not limited to, referrals or
recommendations of contractors, or other vendors, plans for home improvement
projects, product guides, residential home mortgage information, and other
Information pertaining to the construction, maintenance or improvement of the home and
garden. Healthy Builders, LLC, does not guarantee the availability, accuracy or
reliability of any such Information or endorse the products or services of any third
party. Healthy Builders, LLC, shall not be liable, directly or indirectly, for any loss or
damage arising out of your use or reliance upon any of the Information or the products
featured on the Internet Site, regardless of whether the Information was created by
Healthy Builders, LLC, or a third party.
- Ownership and Use.
Copyright 2001 Healthy Builders, LLC, All rights reserved. The
Information is the valuable, exclusive property of Healthy Builders, LLC or its licensors,
and nothing in this Agreement or on the Internet Site shall be construed as transferring
or assigning any such ownership rights to you or any other person or entity. The
Information is protected by contract law and various intellectual property laws, including
domestic and international copyright laws. Except as expressly permitted by this
Agreement, you may not copy, adapt, distribute, commercially exploit, or publicly display
the Information or any portion thereof in any manner whatsoever without Healthy Builders,
LLC's prior written consent. You may not remove, alter or obscure any copyright, legal or
proprietary notices in or on any portions of the Information. Healthy Builders, LLC and
its associated logos, and all page headers, marks, trade names, custom graphics, buttons,
and icons on the Internet Site are service marks, trademarks, or copyrighted materials of
Healthy Builders, LLC or its licensors. You may store in the memory of your computer and
may manipulate, analyze, reformat, print and/or display for your use only the Information
received or accessed through the Internet Site pursuant to this Agreement. You may not
resell, redistribute, broadcast or transfer the Information or use the Information in a
searchable, machine-readable database or file. Unless separately and specifically
authorized in writing by Healthy Builders, LLC, you may not rent, lease, sublicense,
distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or
time-share the Internet Site, any part thereof, or any of the Information received or
accessed there from to or through any other person or entity. You agree to use the
Internet Site and Information for lawful purposes only. You agree not to post or transmit
any information through the Internet Site which (1) infringes the rights of others or
violates their privacy or publicity rights, (2) is unlawful, threatening, abusive,
defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or
(3) is protected by copyright, trademark or other proprietary right without the express
permission of the owner of such right. You shall be solely liable for any damages
resulting from any infringement of copyright, trademark or other proprietary right, or any
other harm resulting from any uploading, posting or submission. You
hereby grant to Healthy Builders, LLC and its affiliates a worldwide, royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and display any
message posted on the Internet Site or any e-mail sent by you to Healthy Builders, LLC (in
whole or in part) and to incorporate it in other works in any form, media or technology
now known or later developed.
Healthy Builders, LLC may add, withdraw or modify Information within
the Internet Site or services provided through the Internet Site at any time in its sole
discretion. You agree to review the terms and conditions of this Agreement periodically to
be aware of such revisions.
- Delays in Services.
Neither Healthy Builders, LLC nor any of its licensors
(including its and their partners, officers, directors, employees, affiliates, agents,
representatives or subcontractors) shall be liable for any loss or liability resulting,
directly or indirectly, from delays or interruptions due to electronic or mechanical
equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts,
fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Healthy
Builders, LLC shall have no responsibility to provide you access to the Internet Site.
- Linking.
You may not link to any page within the Internet Site without the prior
written authorization of Healthy Builders, LLC. You may not use any of Healthy Builders,
LLC's or its licensor's proprietary logos, marks, or other distinctive graphics, video, or
audio material in your links. You may not link in any manner reasonably likely to 1) imply
affiliation with or endorsement or sponsorship by Healthy Builders, LLC; 2) cause
confusion, mistake, or deception; 3) dilute Healthy Builders, LLC's or its licensor's
trademarks, service marks or other intellectual property; or 4) otherwise violate state or
federal law.
- Monitoring.
You acknowledge that Healthy Builders, LLC reserves the right to, and
may from time to time, monitor any and all information transmitted or received through the
Internet Site. Healthy Builders, LLC, in its sole discretion and without further notice to
you, may (but is not obligated to) review, censor or prohibit the transmission or receipt
of any Information which Healthy Builders, LLC deems inappropriate (such as that specified
in Section 3) or that violates any term or condition of this Agreement. During monitoring,
information may be examined, recorded, copied, and used for authorized purposes. Use of
this Internet Site, authorized or unauthorized, constitutes consent to such monitoring.
Unauthorized uses and unauthorized users of the Internet Site will be prosecuted to the
full extent of the law.
- Equipment and Operation.
You shall provide and maintain all telephone and other
equipment necessary to access the Internet Site, and the costs of any such equipment
and/or telephone connections or use, including any applicable taxes, shall be borne solely
by you. You shall reimburse Healthy Builders, LLC for any such costs incurred by Healthy
Builders, LLC due to use of the Internet Site by you; such reimbursement shall be billed
to you and payable to Healthy Builders, LLC within 10 days of receipt of the bill. You are
responsible for operating your own equipment and for familiarity with the Information used
with or available through the Internet Site. Healthy Builders, LLC reserves the right to
refuse assistance or to charge additional fees if you seek assistance from Healthy
Builders, LLC with respect to such Information or any other matters not directly relating
to the operation of the Internet Site.
- Limited Warranty and Liability.
You acknowledge that the Information and links
provided through the Internet Site are compiled from sources which are beyond the control
of Healthy Builders, LLC. Though such Information is recognized by the parties to be
generally reliable, the parties acknowledge that inaccuracies may occur and Healthy
Builders, LLC and its licensors do not warrant the accuracy or suitability of the
Information. FOR THIS REASON, YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET SITE AND
INFORMATION IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. Healthy
Builders, LLC AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER
EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING
BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR
NON-INFRINGEMENT. FURTHER, Healthy Builders, LLC AND ITS LICENSORS DO NOT REPRESENT OR
WARRANT THAT THE INTERNET SITE OR THE INFORMATION WILL MEET YOUR REQUIREMENTS OR ARE
SUITABLE FOR YOUR NEEDS. Under this Agreement, you assume all risk of errors and/or
omissions in the Information, including the transmission or translation of Information.
You assume full responsibility for implementing sufficient procedures and checks to
satisfy your requirements for the accuracy and suitability of the Information and for
maintaining any means which you may require for the reconstruction of lost data or
subsequent manipulations or analyses of the Information provided under this Agreement. YOU
AGREE THAT Healthy Builders, LLC AND ITS LICENSORS (INCLUDING ITS AND THEIR PARTNERS,
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS)
SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE INTERNET SITE OR THE INFORMATION FOR ANY
PURPOSE WHATSOEVER.
You agree that upon entering any part of Healthy Builders, LLC's site(s) that Healthy
Builders, LLC has the right to send you information via your E-mail address, mailing
address, fax machine or by phone through telemarketing.
- Viruses. You acknowledge and agree that Healthy Builders, LLC will use reasonable
efforts to assure that no viruses or programs with similar functions operate on, or are
passed through the Internet Site or the Information. However, you hereby assume all
responsibility (and thereby hold Healthy Builders, LLC harmless), by whatever means you
deem most appropriate for your needs for detecting and eradicating any virus or program
with a similar function.
- FTC Notice. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
- Indemnification.
YOU AGREE TO AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS
Healthy Builders, LLC AND ITS LICENSORS (INCLUDING ITS AND THEIR PARTNERS, OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM AND
AGAINST ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT
ARISING FROM OR RELATING TO YOUR ACCESS TO AND USE OF THE INTERNET SITE, INCLUDING THE
INFORMATION OBTAINED THROUGH THE INTERNET SITE AND ANY LOSSES, COSTS, DAMAGES, PERSONAL
INJURY OR OTHER EXPENSES ARISING OUT OF YOUR USE OF THIS INTERNET SITE, OR YOUR USE OF OR
RELIANCE UPON THE INFORMATION.
- Privacy. Healthy Builders, LLC does not collect any
personal information about you except when you expressly provide it. Healthy Builders, LLC
will not transfer identifying information about you to any other party unless otherwise
stated at the time of collection. Healthy Builders, LLC can use your personal identifying
information for editorial, promotional, or marketing purposes, unless you request that
your information not be used in such manner. Healthy Builders, LLC will use any personally
identifying information of children only for editorial participation and feedback purposes
and will not transfer it to third parties. Healthy Builders, LLC may place a
"cookie" in the browser files of your computer. Such cookie does not contain any
personally identifying information.
- No Conflicting Terms. If there is any conflict between this Agreement and any help
text, manuals or other documents, this Agreement shall govern, whether such other
documents are prior to or subsequent to this Agreement, or are signed or acknowledged by
any partner, officer, director, employee, affiliate, agent, representative or
subcontractor of Healthy Builders, LLC.
- Attorney's Fees. If Healthy Builders, LLC takes action (by itself or through its
representatives) to enforce any of the provisions of this Agreement, including collection
of any amounts due hereunder, Healthy Builders, LLC shall be entitled to recover from you
(and you agree to pay), in addition to all sums to which Healthy Builders, LLC is entitled
or any other relief, at law or in equity, reasonable and necessary attorney's fees and any
costs of any litigation.
- Governing Law; Limitations; Venue. This Agreement shall be governed by the laws
of the State of Oklahoma, excluding any rule or principle that would refer to and apply
the substantive law of another state or jurisdiction. To the extent allowed by applicable
law, any claims or causes of action arising from or relating to your access and use of the
Internet Site or the Information contemplated by this Agreement must be instituted within
two (2) years from the date upon which such claim or cause arose or accrued. Further, any
such claim or cause of action may only be brought in the state and Federal courts located
in Oklahoma County, Oklahoma, and you agree to submit to the exclusive personal
jurisdiction of such courts and hereby appoint the Secretary of State of Oklahoma as your
agent for service of process. You hereby waive any objection and the right to raise any
future objection that the state or Federal courts of Oklahoma County, Oklahoma are an
inconvenient forum for the resolution of any dispute or claim arising under this Agreement.
- Severability. If any provision of this Agreement is found to be unlawful or
unenforceable in any respect, the court shall reform such provision so as to render it
enforceable (or, if it is not possible to reform such provision so as to make it
enforceable, then delete such provision); and, as so reformed or modified, fully enforce
this Agreement.
- Entire Agreement. This Agreement is complete and effective at the time you agree to
it by using this Internet site, and this Agreement constitutes the entire agreement
between you and Healthy Builders, LLC concerning the subject matter hereof, and no other
agreement, written or oral, exists between you and Healthy Builders, LLC
- The Healthy Builders, LLC product used trademarks and our pending
United States Patent applications will be vigorously protected to the fullest extent of
the law. Should you be aware of any infringements of the above please advise us at forward@bugfreehome.com .
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