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TERMS OF USE FOR THE
DAVIDHARMONBUILDSHOMES.COM SITE
General
David Harmon, owner of Harmon Builders ("HB") is pleased to give you
access to our Website, DavidHarmonBuildsHomes.com (the "Site"), free
of charge. Your use of the Site, and all information, products and
services on this Site (collectively, the "Services") are subject to
the binding legal terms set forth below ("Terms"). You understand we
may update these Terms from time to time without giving you any
notice. Unless we let you know by giving you notice, any new
features or updated Services that we put on the Site will be subject
to these Terms.
BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH
BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH
BELOW, DO NOT USE THE SERVICES FOR ANY PURPOSE.
The Site may contain links to other Websites. Your use of such other
Websites is subject to the terms of use, if any, contained within
each such Website. If there is any conflict between the Terms set
forth below and any terms or notices set forth on any other Website,
then the terms of such other Website will control your use of that
Website. Please review the terms of use for each Website so that you
understand all of the terms that will apply.
Although we attempt to make sure all of the information on the Site,
including but not limited to price, square footage, elevation and
floor plan images, and lot size, is accurate, by continuing to use
this Site, you acknowledge, understand and agree that it may not be
current, accurate, or complete and that David Harmon and Harmon
Builders and its suppliers do not warrant or guarantee such
accuracy. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL
INFORMATION ON THE SITE BEFORE RELYING ON THAT INFORMATION IN ANY
MANNER.
Privacy
At this time we do not collect any information about our users other
than ISP numbers which are part of the service provided to us by our
host server.
How You Can Use the Services
You may use the Services on the Site for your personal,
non-commercial use. You may make a single copy of the individual
screens you see when you use the Services, but only for your
personal, non-commercial use, and not for further distribution or
transfer to others. You may not-and agree not to-modify, reformat,
copy, display, distribute, transmit, publish, license, create
derivative works, photographs, plans or other information from,
transfer or sell any information, products or services obtained from
the Services, except as set forth in this Agreement.
No License Granted
Except for allowing you to use the Site for your personal use as set
forth in the paragraph above, when you use the Site you are not
receiving a license or any other rights from us, including
intellectual property, photographs or other proprietary rights of HB.
YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER
HB PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
YOU UNDERSTAND THAT HB IS NOT RESPONSIBLE FOR
YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON,
WHETHER IT BE BECAUSE OF SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR
ERRORS; OR ANY OTHER REASON.
Disclosure of Your Identity
From time to time we may receive requests to disclose the identities
of our users. We do not collect information that gives us details
about the identities of ours users or other personally identifiable
information and do not disclose any information, no matter how
limited,a without court-ordered demands to do so.
Indemnity
You agree to indemnify and hold HB and its affiliates and their
officers, directors, employees and agents harmless from and against
any loss, damage, liability, cost or expense of any kind (including
attorneys' fees) that we may incur in connection with a third party
claim or otherwise, in relation to your use of this site, its
Content, or your access to the Site, or your violation of either
these Terms or the rights of any third party.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD
FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR
COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE OR THE LINKS
THEREIN) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND
ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY
INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM
THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE
AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT
NOTICE TO YOU. YOU ACKNOWLEDGE THAT HB MAKES NO WARRANTY THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU
UNDERSTAND THAT HB DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM
YOUR USE OF THE SITE OR THE INFORMATION ON IT WILL MEET YOUR
EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN
MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, HB
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND
(EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE
SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING
THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR
ACCESSIBLE FROM THE SITE.
Liability Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
HB OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING
CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT
LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR
OTHER INTANGIBLES RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED
USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE SERVICES,
EVEN IF HB HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH
DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE,
TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Scheduled and Unscheduled Site Down Times
In order to ensure that you have the latest information for your
home building or planning DavidHarmonBuildsHomes.com regularly
performs site maintenance. Our scheduled maintenance window varies
and there may be other delays and service interruptions from time to
time. We apologize for any inconvenience this may cause you. If you
have questions regarding this, please contact us at the number or
address on our contact page.
Copyrights
All content on the Site is owed by David Harmon, Harmon Builders,
DavidHarmonBuildsHomes.com. and/or its licensees and protected by
applicable law, with all rights reserved. HB takes the protection of
intellectual property rights, including copyrights, very seriously.
HB will terminate your access to, or use of, the Site and/or the
services, without notice to you, if you infringe or misappropriate
the intellectual property rights, including copyrights, of others.
Pursuant to the Digital Millennium Copyright Act, Title 17, United
States Code, Section 501 et seq., copyright owners or their
authorized agents may submit a complaint of alleged copyright
infringement to HB if they have a good-faith belief that their
protected works are being infringed. HB will respond to all such
notifications that are sent to:
To be effective, the notification must be a written communication
that includes:
A physical or electronic signature of a person authorized to act on
behalf of the owner of a right that is allegedly infringed;
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single Website are
covered by a single notification, a representative list of such
works at that Website;
- Identification of the
material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which
the complaining party may be contacted;
- A statement that the
complaining party has a good-faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
- A statement that the
information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed.
- Upon receipt of such notification, HB
shall promptly investigate the matter, and, if appropriate,
remove the allegedly infringing material.
Equal Housing Opportunity
All real estate advertising on the Site is subject to the Fair
Housing Act, which makes it illegal to advertise any preference
limitation or discrimination based on race, color, religion, sex,
handicap, familial status or national origin, or an intention, to
make any such preference, limitation or discrimination. Familial
status includes children under the age of 18 living with parents or
legal custodians; pregnant women; and people securing custody of
children under 18.
HB will not knowingly accept any advertising
for real estate or post any lots or homes for sale which are in
violation of the law. All visitors to the Site are hereby informed
that all dwellings advertised in this Site are available on an equal
opportunity basis. To complain of discrimination call the U.S.
Department of Housing and Urban Development toll-free at
800-669-9777. The toll-free telephone number for the hearing
impaired is 800-927-9275.
Trademarks
Harmon Builders and DavidHarmonBuildsHomes.com are trademarks of
David Harmon, Harmon Builders. Other trademarks are the property of
their respective owners.
License Information
Harmon Builders holds a builders/contractors license in the State of
Kentucky, license #.
Miscellaneous
These Terms are the entire agreement between you and HB. They
supersede any and all prior or contemporaneous agreements between
you and HB relating to your use of the Site or the Services. If any
part of these Terms is determined to be invalid or unenforceable, it
will not impact any other provision of these Terms, all of which
will remain in full force and effect. These Terms are governed by,
and will be interpreted in accordance with, the laws of the State of
Kentucky, without regard to any choice of law provisions. You agree
that, with the exception of injunctive relief sought by HB for any
violation of HB proprietary or other rights, any and all disputes
relating to these Terms, your use of the Site or the Services shall
be resolved by arbitration in accordance with the then-current rules
of the American Arbitration Association (the "AAA") before an
independent arbitrator designated by the AAA. The location of
arbitration shall be Lebanon, Kentucky, USA. |