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. TOM HOSHALL
HOMES, INC. ("HOSHALL") 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.
- Limited License to Use.
Tome Hoshall Homes, Inc., an Oklahoma Corporation, hereby
grants you a limited, non-exclusive, non-assignable and non-transferable license to access
and use the tomhoshall.com, hoshall.com online service and all public pages of the
tomhoshall.com, hoshall.com domain(s) (the "Internet Site") operated by Tom
Hoshall Homes, Inc., 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 Hoshall or third-parties (collectively referred to herein as
"Information") on the tomhoshall.com, hoshall.com Internet domain. From time to
time, Hoshall 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. Hoshall does not guarantee the availability, accuracy
or reliability of any such Information or endorse the products or services of any third
party. Hoshall 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 Hoshall or a third
party.
- Ownership and Use.
Copyright 1999 Tom Hoshall Homes, Inc. All rights reserved.
The Information is the valuable, exclusive property of Hoshall 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 Hoshall'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. Tom Hoshall Homes, Inc. 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 Hoshall 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 Hoshall, 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 Hoshall 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 Hoshall (in whole or in
part) and to incorporate it in other works in any form, media or technology now known or
later developed.
Hoshall 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 Hoshall 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. Hoshall 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 Hoshall. You may not use any of Hoshall'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 Hoshall; 2) cause confusion, mistake, or deception; 3)
dilute Hoshall's or its licensor's trademarks, service marks or other intellectual
property; or 4) otherwise violate state or federal law.
- Monitoring.
You acknowledge that Hoshall reserves the right to, and may from time to
time, monitor any and all information transmitted or received through the Internet Site.
Hoshall, 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 Hoshall 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 Hoshall for any such costs incurred by Hoshall due to use of
the Internet Site by you; such reimbursement shall be billed to you and payable to Hoshall
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. Hoshall reserves the right to refuse assistance or to charge additional
fees if you seek assistance from Hoshall 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 Hoshall. Though such Information is recognized by the parties to be generally reliable,
the parties acknowledge that inaccuracies may occur and Hoshall 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. HOSHALL 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, HOSHALL 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 HOSHALL 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 Hoshall's site(s) that Hoshall 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 Hoshall 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 Hoshall 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
HOSHALL 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. Hoshall does not collect any personal
information about you except when you expressly provide it. Hoshall will not transfer
identifying information about you to any other party unless otherwise stated at the time
of collection. Hoshall can use your personal identifying information for editorial,
promotional, or marketing purposes, unless you request that your information not be used
in such manner. Hoshall will use any personally identifying information of children only
for editorial participation and feedback purposes and will not transfer it to third
parties. Hoshall 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 Hoshall.
- Attorney's Fees. If Hoshall takes action (by itself or through its representatives)
to enforce any of the provisions of this Agreement, including collection of any amounts
due hereunder, Hoshall shall be entitled to recover from you (and you agree to pay), in
addition to all sums to which Hoshall 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 Hoshall concerning the subject matter hereof, and no other agreement,
written or oral, exists between you and Hoshall.
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