| 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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