This Usage Agreement (“Agreement”) is a legal agreement between you (“User”) and Homesite Designs. (“Homesite Designs”). By accessing and using this website or any other websites owned by Homesite Designs, User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement.
Homesite Designs reserves the right to change these terms and conditions periodically at its sole discretion. User’s continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.
Users agree that all the information posted or accessed will be used only for informational or educational purposes. There may be no commercial or other unauthorized use of any interactive features available on this website. Users may not engage in any conduct or action that is prohibited by law or violates any federal, state or local laws.
All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this website are the property of Homesite Designs, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Homesite Designs’ prior written permission. The use of Homesite Designs’ Marks on any other website is prohibited.
Rights of Content
All materials contained on this website are copyrighted by Homesite Designs except where explicitly noted otherwise.
User acknowledges and agrees that content, including but not limited to text, music, sound, photographs, video, design, graphics, animated short trailers, film clips or other material contained in this website (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement without Homesite Designs’ prior, written consent.
This web site may contain links to third party websites, which are not under the control of Homesite Designs. Homesite Designs makes no representations whatsoever about any other website to which you may have access through the Homesite Designs website. When you access a third party website, you do so at your own risk and acknowledge that Homesite Designs is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Homesite Designs shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s website. Mention of third party companies and websites on the Homesite Designs web site is for informational purposes only and does not constitute an endorsement or recommendation.
THE WEBSITE IS OFFERED FOR USE “AS IS” WITHOUT WARRANTIES OF ANY KIND. HOMESITE DESIGNS HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE AND WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT HOMESITE DESIGNS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF HOMESITE DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Warranties
While very effort is made to ensure accuracy, Homesite Designs makes no warranty that this website will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Homesite Designs make any warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website.
USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY STATED OTHERWISE, HOMESITE DESIGNS PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HOMESITE DESIGNS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF HOMESITE DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
User agrees, at User’s expense, to indemnify, defend and hold harmless Homesite Designs, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this website or any product or service related thereto.
This Agreement and the relationship between User and Homesite Designs shall be governed by and construed in accordance with the laws of the State of Texas. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in an Texas court. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
Any rights not expressly granted herein are reserved. TM & © 2020 Homesite Designs, All Rights Reserved.