1. DEFINITIONS. As used here:
a. "Materials" means source code, code samples, object
code, technical materials, documentation, data, and any other
content, information, technology or services available on the
Site.
b. "Site" means the collection of web pages from which
these Terms of Use are linked, or that prompt or require Users
to view or accept these Terms before accessing such pages, as
well as any successor web pages or other technology as may be
designated by the Hosts.
c. "Terms" means these Terms of Use.
d. "Use" and its variants
are meant in their broadest sense, including, but not limited
to, the acts of using, accessing, receiving, browsing, downloading
from, and uploading to. A "User" is a person or entity
who Uses the Site.
e. "You" means you personally, as well as any person
or entity on whose behalf you are Using the Site.
2. ACCESS TO THE SITE AND THINGS YOU FIND HERE. This section
refers to the Materials found on the Site, as defined above.
a. Use at Your Own Risk. You understand that this website may
or may not pre-screen Materials, and You agree to assume all
risks in Using them. These risks include, but are not limited
to, errors, viruses, worms, time-limited software that expires
without notice, defamatory or offensive content, and the possibility
that the Materials infringe or misappropriate the intellectual
property rights of others. You agree to assume all such risks.
b. Copyright Infringement. We are committed to respecting others'
intellectual property rights. If You believe that Your work has
been copied in a way that constitutes copyright infringement
on our Site, please contact our copyright agent by mail at Advanced
Custom Homes Copyright Agent, 10929 Kayla Ct., Osceola, IN 46561
3. MISCELLANEOUS.
a. Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK. THE SITE, INCLUDING ALL MATERIALS FOUND ON IT, IS
PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH
ALL FAULTS" BASIS. Bushels of Fun DISCLAIM ALL EXPRESS
AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY
KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Bushels of Fun MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS
OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH,
ACCURACY OR COMPLETENESS OF THE SITE. YOU AGREE TO ASSUME ALL
RISK OF LOSS OR LIABILITY FOR THE USE OF THIS SITE OR ANY MATERIALS
ON IT.
b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED
BY LAW, Bushels of Fun ARE NOT LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE,
PROFITS, GOODWILL, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF
OR IN CONNECTION WITH THIS SITE OR MATERIALS, EVEN IF ADVANCED
CUSTOM HOMES HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD
HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY
ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE
OR GROSS NEGLIGENCE). TO THE EXTENT THAT ANY JURISDICTION DOES
NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION
AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE
SITE AND MAL NOT MAKE A CLAIM AGAINST Bushels of Fun FOR
LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE
OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE SITE
OR MATERIALS. YOU AGREE TO HOLD Bushels of Fun HARMLESS
FROM, AND YOU COVENANT NOT TO SUE Bushels of Fun, FOR
ANY CLAIMS IN CONNECTION WITH THE SITE OR ANY MATERIALS, INCLUDING
THIRD PARTY MATERIALS AND SUBMISSIONS.
c. Trademarks. All logos and trademarks contained on this Site
are and remain the property of their respective owners. No licenses
or other rights in or to such logos and/or trademarks are granted
to You by these Terms.
d. Changes to Terms. Bushels of Fun reserve the right
to change or update these Terms or to modify any features of
the Site at any time, so Bushels of Fun encourage You
to review the Terms periodically before using the Site or Materials.
The most current version of the Terms can be viewed by clicking
on the “Terms of Use” link at the bottom of any page on the Site.
By continuing to Use the Site or Materials after the posting
of any changes to the Terms, You agree to be bound by such changes.
You are also required to comply with all applicable laws in connection
with Your access to and Use of the Site and Materials, and such
further limitations as may be set forth in any subsequent notice
from Hosts. As a condition of Your access and Use of the Site
and Materials, you warrant that You will not use the Site or
Materials for any purpose that is unlawful or prohibited by the
Terms.
e. Governing Law. These Terms are governed by the laws of the
State of Indiana and applicable U.S. Federal law without regard
to choice of law rules or the United Nations Convention on the
International Sale of Goods. With respect to any disputes relating
to these Terms, You agree to submit to the personal jurisdiction
of the U.S. District Court for Indiana, and the state courts
of the State of Indiana for the County of St. Joseph.
f. General. These Terms constitute the entire agreement between
You and Bushels of Fun regarding their subject matter,
and supersede any prior versions. No modification to the Terms
will be binding, unless authorized by Bushels of Fun in
writing or as provided in Section 5.d above. Any express waiver
or failure to exercise any right under the Terms will not create
a continuing waiver or any expectation of non-enforcement. If
any provision of the Terms is held invalid by any competent court,
governmental entity or arbitrator, such provision will be replaced
with an enforceable provision that accomplishes the original
business purpose, and the other provisions of the Terms will
remain in full force and effect. Paragraph headings and captions
are for convenience only and are not be to be considered in determining
the meaning or effect of these Terms. Rights and obligations
under these Terms other than provisions that authorize You to
Use or access the Site or Materials will remain in effect after
termination or expiration of this agreement between us. You agree
that no joint venture, partnership, employment, or agency relationship
exists between You and Bushels of Fun as a result of these
Terms or Your access to or Use of the Site and Materials. |