1. USER ELIGIBILITY
The Site is provided by AFHP and available only to entities and people who can form legally binding agreement(s) under applicable law (“You,” “Your” or “User”). If You do not qualify, do not use the Site.
2. DESCRIPTION OF SITE
3. GENERAL PRACTICES REGARDING USE
You acknowledge and agree that AFHP may establish general practices and limits concerning the use of the Site, including without limitation, restrictions on accessing the Site in any given period of time. You agree that AFHP has no responsibility or liability for the deletion or failure to store any communications or information collected, maintained or transmitted by the Site. You acknowledge that AFHP reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice in accord with Section 16.
4. LICENSE AND SITE ACCESS
AFHP grants You a limited personal, nontransferable, nonsublicenseable, revocable world wide license to access and make personal use or non-commercial use within your organization, of the Site. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AFHP and our affiliates without express written consent.
5. YOUR OBLIGATIONS
You agree that you will use the Site in a manner that complies with all applicable, international, federal, state and local laws. Without limitation, you agree to comply with all applicable laws regarding the transmission of technical data imported or exported from the United States or the country in which You reside as well as sale restrictions in the country in which You reside.
6. SYSTEM INTEGRITY
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action which imposes an unreasonable or disproportionately large load on the system providing the Site.
7. INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the Site including without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of AFHP, or third parties. Except as otherwise expressly authorized by this Agreement, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without AFHP’s or the appropriate third party’s prior written permission. Except as provided herein, AFHP does not grant to You any express or implied rights to AFHP’s or any third party’s Intellectual Property. Any rights associated with the content of the Site, which is transmitted, downloaded, or otherwise processed by AFHP, shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws. This Agreement does not grant You rights in and to such content except as set forth in Section 4.
When you provide content, such as digital images, written testimonials or information about your project, you grant AFHP an unlimited copyright license to use that content both on this web site and in other marketing materials, including the right for AFHP to further grant copyright license to it’s professional clients, including but not limited to home builders and real estate agents.
8. WARRANTY DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE, IS PROVIDED, “AS IS,” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THERE IS NO WARRANTY THAT THE INFORMATION OR SITE PROVIDED WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY HYPERLINKED WEBSITE.
AFHP MAKES NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE AND RELIABLE; (d) THE QUALITY OF THE SITE, INFORMATION OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND/OR (e) ANY ERRORS IN THE CONTENTS OF THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Although AFHP attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness, accuracy or safety of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform AFHP so that it can be corrected. Information contained on the Site may be changed or updated without notice.
9. LIMITATION OF LIABILITY
You agree to indemnify, defend and hold AFHP and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made due to or arising out of: (1) Your Registration Information submitted, posted to or transmitted through the Site; (2) Your use or misuse of the Site; (3) Your connection to the Site; (4) Your violation of this Agreement; or (5) violation of any rights of another.
AFHP may, at any time, and without notice, modify, update, or otherwise change the terms of this Agreement or the Site, and You agree that You are deemed to be apprised of, and to be bound by such changes, immediately upon the posting thereof. Accordingly, we encourage You to visit the Site from time to time to review the current version of the Agreement.
You agree that AFHP, in its sole discretion, may terminate Your use of the Site, and remove and discard any content within the Site, for any reason. AFHP may also, in its sole discretion, at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of Your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that AFHP may immediately deactivate or delete Your account and all related information and files in or related to Your account and/or bar further access to such files or Site. Further, You agree that AFHP shall not be liable to You or any third party for any termination of Your access to the Site.
14. LINKS TO OTHER SITES
The Site may provide or include links to other World Wide Web sites or resources. Because AFHP has no control over such sites and resources, You acknowledge and agree that AFHP is not responsible for the availability of such external Site or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT AFHP SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
15. LINKS TO OUR SITE
AFHP prohibits caching of any portion of the Site and any unauthorized hypertext links to the Site. AFHP reserves the right to disable any unauthorized links or frames. If You desire to provide a hyperlink from Your Website to the Site, AFHP and You must mutually agree to the terms set out in our Hyperlink License Agreement.
16. JURISDICTION AND LAW
This Agreement shall be construed and enforced in accordance with the laws of the State of New Hampshire, without reference to conflict of laws principles, and shall be deemed to be executed in Rockingham County in the state of New Hampshire, and any action or proceeding shall be brought in a Federal or State court of competent jurisdiction in Rockingham Country in the State of New Hampshire and in no other jurisdiction.
Notice may be deemed given by certified mail, postage prepaid, and return receipt requested, to the address provided by You and to Artform Home Plans at PO Box 535, North Hampton, NH 03862. Notice shall be deemed given five (5) business days after the date of mailing.
18. COMPLETE AGREEMENT