COPYRIGHTS AND TRADEMARKS

All content included on this site, such as text, graphics, logos, icons, images, and software, and the collection, arrangement and assembly of all content on this site, is the property of BUILDERFINISH or the participants in this site and is protected by U.S. and international copyright and trademark laws and may not be copied, reproduced, republished, transmitted, distributed, altered or modified for public or commercial use without the prior written consent of BUILDERFINISH. The foregoing shall exclude any public information or data reproduced on this site.

The copyrights, trademarks, service marks, trade names, and trade dress of manufacturers, builders, retailers, vendors, or wholesalers found on this site are owned by the individual manufacturers, builders, retailers, vendors, or wholesalers participating in the service that this site provides. Said copyrights, trademarks, service marks, trade names, and trade dress are protected by U.S. and international law.

RESTRICTIONS ON USE OF MATERIALS

This site is owned and operated by BUILDERFINISH (referred to as “BUILDERFINISH,” “we,” “us” or “our” herein).

No material from BUILDERFINISH or any site owned, operated, licensed or controlled by BUILDERFINISH may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download or print one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of BUILDERFINISH’s copyright and other proprietary rights. For purposes of this agreement, the unauthorized use of BUILDERFINISH material on any other site, networked computer environment or any other disseminated reproduction is prohibited. All copyrights, trademarks, service marks, trade names, and trade dress are proprietary to BuilderFinish, LLC.

By accessing or using this site you agree to use the site subject to any terms and conditions provided, which may be modified by BUILDERFINISH from time to time. BUILDERFINISH may change your password with or without notice, and without liability to you, any other user, or any third party.

INDEMNIFICATION

By accessing and using this site you represent and warrant to BuilderFinish, LLC that you will fully comply with these Terms and Conditions of Use.

You hereby indemnify, defend and hold BuilderFinish, LLC, its parent and affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall use your best efforts to cooperate with BuilderFinish, LLC in the defense of any claim. BuilderFinish, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

BUILDERFINISH may, on a limited basis, provide for email communications between builders and their customers who access or use this site. By using the email communication provided by BUILDERFINISH you are granting BUILDERFINISH ownership of the content of the email messages which gives BUILDERFINISH an unrestricted right to use and display said content at BUILDERFINISH’s discretion. Furthermore, you will indemnify BUILDERFINISH against any claim arising out of or related to said content of email communications sent through or because of this site.

BUILDERFINISH also may provide users of this site the ability to email questions to BUILDERFINISH which BUILDERFINISH will attempt to answer. By using this service, you are granting BUILDERFINISH ownership of the content of any email you send to BUILDERFINISH or to any agent or representative of BUILDERFINISH. BUILDERFINISH may use the content of said emails at its discretion and you will indemnify BUILDERFINISH against any claim arising out of or related to the content of such email. Indemnity survives termination of this agreement. See “TERMINATION” below for details as to how a party can terminate the agreement contained in these terms and conditions.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting real estate sales programs, and other products available in the United States, its territories, possessions and protectorates. This site is controlled and operated by BUILDERFINISH from its offices within Cook County, Illinois, United States of America. The laws of Illinois govern these disclaimers, terms and conditions, without giving effect to choice of law principles. You agree that any disputes, suits or other claims related to your use of this site, or the information obtained from this will be resolved exclusively in the state or federal courts located within Cook County, Illinois, United States of America. You agree to submit to the personal jurisdiction of such courts for the purpose of resolving any such disputes, suits, or claims.

TERMINATION

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all BUILDERFINISH site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from BUILDERFINISH if in BUILDERFINISH’s sole discretionary judgment you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other BUILDERFINISH site(s), and all copies thereof, whether made under the terms of this agreement or otherwise.

At no time, even after termination of this agreement, may you use material from this site, in any manner beyond that which is permitted by these terms an conditions, which is protected by the copyright, trademark, service mark, trade dress, or trade name laws of the United States, without the prior written consent of the owner of the copyright, trademark, service mark, trade dress, or trade name.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BUILDERFINISH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUILDERFINISH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUILDERFINISH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT BUILDERFINISH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE TO USERS OF THE BUILDERFINISH SITE, WE INCLUDE LINKS TO OTHER SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT BUILDERFINISH HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES.

BUILDERFINISH MAY, ON A LIMITED BASIS, PROVIDE FOR EMAIL COMMUNICATIONS BETWEEN BUILDERS AND THEIR CUSTOMERS WHO ACCESS AND USE THIS SITE. BUILDERFINISH DISCLAIMS ALL RESPONSIBILITY FOR AND ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE CONTENT OF EMAIL MESSAGES THAT ARE SENT OR RECEIVED THROUGH OR BECAUSE OF THIS SITE.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall BUILDERFINISH be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use or inability to use this site, including damages for loss of profits, use of data, or other intangibles, even if BUILDERFINISH or a BUILDERFINISH-authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall BUILDERFINISH’s total liability to you for all damages, losses and causes of action (whether in contract, tort-including, but not limited to-negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

OTHER

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

All content contained herein is subject to change without notice by BUILDERFINISH or by the individual manufacturers, builders, retailers, vendors, or wholesalers who use or make information available for use on this site.

BUILDERFINISH reserves the right to change or modify the terms and conditions applicable to the use of this site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the site. Any use of the site shall be deemed to constitute acceptance by you of all then-current terms and conditions.

BUILDERFINISH may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features of the site, at any time. BUILDERFINISH also may impose limits on certain features and services or restrict your access to parts of the site without notice or liability.

These terms and conditions make up the entire agreement between the parties relating to the subject matter herein and shall not be modified by either party except, as discussed above.

 

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