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Terms and
Conditions
HomeRestorationsMd.com
Web Site Agreement
The HomeRestorationsMd.com
Web Site (the "Site") is an online
information service provided by Home
Restorations ("HomeRestorationsMd.com"),
subject to your compliance with the terms
and conditions set forth below. PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE. HomeRestorationsMd.com MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW
THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and
Idea Submissions.
The entire contents of the
Site are protected by international
copyright and trademark laws. The owner of
the copyrights and trademarks are
HomeRestorationsMd.com, its affiliates or
other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You
may print and download portions of material
from the different areas of the Site solely
for your own non-commercial use provided
that you agree not to change or delete any
copyright or proprietary notices from the
materials. You agree to grant to
HomeRestorationsMd.com a non-exclusive,
royalty-free, worldwide, perpetual license,
with the right to sub-license, to
reproduce, distribute, transmit, create
derivative works of, publicly display and
publicly perform any materials and other
information (including, without limitation,
ideas contained therein for new or improved
products and services) you submit to any
public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail
to HomeRestorationsMD.com by all means and
in any media now known or hereafter
developed. You also grant to
HomeRestorationsMd.com the right to use
your name in connection with the submitted
materials and other information as well as
in connection with all advertising,
marketing and promotional material related
thereto. You agree that you shall have no
recourse against HomeRestorationsMD.com for
any alleged or actual infringement or
misappropriation of any proprietary right
in your communications to
HomeRestorationsMd.com.
TRADEMARKS.
Publications, products,
content or services referenced herein or on
the Site are the exclusive trademarks or
servicemarks of HomeRestorationsMd.com.
Other product and company names mentioned
in the Site may be the trademarks of their
respective owners.
2. Use of the
Site.
You understand that,
except for information, products or
services clearly identified as being
supplied by HomeRestorationsMd.com,
HomeRestorationsMD.com does not operate,
control or endorse any information,
products or services on the Internet in any
way. Except for
HomeRestorationsMd.com-identified
information, products or services, all
information, products and services offered
through the Site or on the Internet
generally are offered by third parties,
that are not affiliated with
HomeRestorationsMd.com. You also understand
that HomeRestorationsMd.com cannot and does
not guarantee or warrant that files
available for downloading through the Site
will be free of infection or viruses,
worms, Trojan horses or other code that
manifest contaminating or destructive
properties. You are responsible for
implementing sufficient procedures and
checkpoints to satisfy your particular
requirements for accuracy of data input and
output, and for maintaining a means
external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET.
HomeRestorationsMd.com PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND
HomeRestorationsMd.com SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY.
HomeRestorationsMD.comDOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER
THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT
YOUR RISK. HomeRestorationsMd.com HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL
HomeRestorationsMD.com BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF
HomeRestorationsMd.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES,
HomeRestorationsMD.com LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY
LAW.
HomeRestorationsMd.com
makes no representations whatsoever about
any other web site which you may access
through this one or which may link to this
Site. When you access a
non-HomeRestorationsMD.comweb site, please
understand that it is independent from
HomeRestorationsMd.com, and that
HomeRestorationsMD.comhas no control over
the content on that web site. In addition,
a link to a HomeRestorationsMd.com web site
does not mean that
HomeRestorationsMD.comendorses or accepts
any responsibility for the content, or the
use, of such web site.
3.
Indemnification.
You agree to indemnify,
defend and hold harmless
HomeRestorationsMd.com, its officers,
directors, employees, agents, licensors,
suppliers and any third party information
providers to the Service from and against
all losses, expenses, damages and costs,
including reasonable attorneys' fees,
resulting from any violation of this
Agreement (including negligent or wrongful
conduct) by you or any other person
accessing the Service.
4. Third Party
Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of
HomeRestorationsMD.comand its officers,
directors, employees, agents, licensors,
suppliers, and any third party information
providers to the Service. Each of these
individuals or entities shall have the
right to assert and enforce those
provisions directly against you on its own
behalf.
5. Term;
Termination.
This Agreement may be
terminated by either party without notice
at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service),
3 (Indemnification), 4 (Third Party Rights)
and 6 (Miscellaneous) shall survive any
termination of this
Agreement.
6.
Miscellaneous.
This Agreement shall all
be governed and construed in accordance
with the laws of USA applicable to
agreements made and to be performed in USA.
You agree that any legal action or
proceeding between HomeRestorationsMd.com
and you for any purpose concerning this
Agreement or the parties' obligations
hereunder shall be brought exclusively in a
federal or state court of competent
jurisdiction sitting in USA . Any cause of
action or claim you may have with respect
to the Service must be commenced within one
(1) year after the claim or cause of action
arises or such claim or cause of action is
barred.
HomeRestorationsMd.com's
failure to insist upon or enforce strict
performance of any provision of this
Agreement shall not be construed as a
waiver of any provision or right. Neither
the course of conduct between the parties
nor trade practice shall act to modify any
provision of this Agreement.
HomeRestorationsMd.com may assign its
rights and duties under this Agreement to
any party at any time without notice to
you.
Any rights not expressly
granted herein are reserved. Updated January
01, 2010.
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