ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEBSITES OR WEB PAGES WITHIN THE Gen5homes.com WEBSITES.
Your use of certain websites and/or web pages within the Gen5homes.com websites may be subject to additional terms that are specific to such web sites and/or web pages (the “Specific Terms”) as either contained (i) on this page below this Agreement and/or (ii) on such websites and/or web pages.
- General Use And Limiations On General Use Of The Gen5homes.com Websites
- Information Provided To You Through The Gen5homes.com Websites
- From Gen5homes.com
- From Gen5homes.com Affiliates
- From the Public
- Information Provided By You Through the Gen5homes.com Websites
- To Gen5homes.com
- To the Public
- Services Provided Through The Gen5homes.com Websites
- Non-Commercial Services
- Third-Party Services
- General Terms
General Use And Limitations On General Use Of The Gen5homes.com Websites
If and when requested by Gen5homes.com you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Gen5homes.com, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Gen5homes.com Websites. Unauthorized individuals attempting to access prohibited areas of the Gen5homes.com Websites may be subject to prosecution.
Except with the written permission of Gen5homes.com, you agree that you will not create links from any web site or web page to any page within the Gen5homes.com Family of Websites* with the exception of their homepages. The origin of any such link to the Gen5homes.com Website’s homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the Gen5homes.com Website’s homepage. For example, prominently positioning the “Gen5homes.com” name and mark such that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the “Gen5homes.com” name and mark and the link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between Gen5homes.com, on the one hand, and you or any other person or entity, on the other hand. You agree that if Gen5homes.com, in its sole and unfettered discretion, requests in writing that you remove any link or links to the Gen5homes.com websites, you will promptly do so. You agree that if you create any link to the Gen5homes.com Websites that you will not employ any technology that results in the placement of content from the Gen5homes.com Websites in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Gen5homes.com Websites from how they would appear if a user typed in their URL to a typical browser line.
You agree that Gen5homes.com may in its sole discretion and at any time terminate your access to and use of the Gen5homes.com Websites, or any part thereof, with or without notice.
Information Provided To You Through The Gen5homes.com Websites
The Gen5homes.com Websites contain content and information originated by Gen5homes.com (the “Gen5homes.com Content”). Gen5homes.com presents and makes available such content and information through the Gen5homes.com Web Sites as a public service, for the sole purpose of aiding you, the individual consumer. Gen5homes.com, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.
From Gen5homes.com Affiliates
For your convenience, the Gen5homes.com Websites contain content and information from Gen5homes.com‘s affiliates and/or links to affiliate web sites (“Affiliate Content”). Such content is not under the control of Gen5homes.com and Gen5homes.com is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. Gen5homes.com is providing such content to you only as a convenience, and the inclusion of such content does not imply endorsement by Gen5homes.com of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software or sites.
From the Public
The Gen5homes.com Websites may include a number of venues such as bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, testimonials and/or other message or communication facilities designed to enable you to exchange thoughts and opinions with other members of the public (“Public Content”). Since Gen5homes.com firmly believes in the value of free and open exchanges, it makes no effort and is under no obligation to monitor, pre-screen, or otherwise censor such thoughts and opinions. Therefore, Gen5homes.com cannot guarantee the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of such thoughts and opinions. You are responsible for confirming the sufficiency and reliability of any such thoughts or opinions you may use or rely upon. If you wish to inform Gen5homes.com of any Public Content that may indicate copyright infringement by any person or entity, Pursuant to Title 17, United States Code, Section 512(c)(2), if you wish to inform Gen5homes.com of any suspected copyright infringement please forward your notification to
ATTN: Legal Department
4426-B Hugh Howell Road, Suite #200
Tucker, GA 30084
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO Gen5homes.com CONTENT, AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY Gen5homes.com THROUGH THE Gen5homes.com WEBSITES IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Gen5homes.com MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. Gen5homes.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Gen5homes.com SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Gen5homes.com WEBSITES 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.
Information Provided By You Through The Gen5homes.com Websites
To the Public
The Gen5homes.com Websites may include a number of venues such as bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, testimonials and/or other message or communication facilities designed to enable you to share your thoughts and opinions with other members of the public (“Your Publicly Posted Information”). Since Gen5homes.com firmly believes in the value of free and open exchanges, it makes no effort and is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, Gen5homes.com cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about yourself or your children on any of the Gen5homes.com Websites.
You promise that you will NOT use the Gen5homes.com Websites to:
- (a) post, upload or otherwise transmit any content not related to appropriate subject matters;
- (b) post, upload or otherwise transmit any content which is misleading to others, including consumers;
- (c) post, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- (d) post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;
- (e) post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- (f) post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- (g) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By posting content to the Gen5homes.com Websites, you grant Gen5homes.com a non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through websites controlled by Gen5homes.com, including but not limited to the Gen5homes.com Websites, and co-branded or mirrored versions of such sites, and in Gen5homes.com‘s promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.
You acknowledge that while Gen5homes.com does not pre-screen content posted by you to the Gen5homes.com Websites, Gen5homes.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to the Gen5homes.com Websites. Without limiting the foregoing, Gen5homes.com and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable, and to terminate your access to any or all of the Gen5homes.com Websites at any time without notice for any reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any content you post to the Gen5homes.com Websites, including any reliance on the accuracy, completeness, or usefulness of such content.
Gen5homes.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
By posting, uploading, inputting, providing or submitting content to the Gen5homes.com Websites, you warrant and represent that you own or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such content.
YOU AGREE TO INDEMNIFY AND HOLD Gen5homes.com AND ITS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDED BUT NOT LIMITED TO Gen5homes.com SOLICITED INFORMATION, AFFILIATE SOILICITED INFORMATION, AND YOUR PUBLICLY POSTED INFORMATION, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE Gen5homes.com WEBSITES AND/OR Gen5homes.com AND/OR ITS AFFILIATES.
Services Provided Through The Gen5homes.com Websites
Gen5homes.com provides through the Gen5homes.com Websites a number of venues in which interactive services (“Interactive Services”), such as on-line calculators, planning tools, and checklists, are offered to you. Such services are offered by Gen5homes.com for the sole purpose of disseminating information for the public’s benefit. Gen5homes.com cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH Gen5homes.com‘S INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. Gen5homes.com MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACTIY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. Gen5homes.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. Gen5homes.com SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL Gen5homes.com BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
A number of commercial services, such as financial and contractor services, are offered by third parties through the Gen5homes.com Web Sites. You acknowledge that by permitting such services to be offered through the Gen5homes.com Websites, Gen5homes.com is acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to Gen5homes.com. In order for Gen5homes.com to distribute your information and facilitate contacts between you and such third parties, you hereby grant Gen5homes.com permission to disclose any and all of the information that you provide to Gen5homes.com to any such third party that Gen5homes.com, in its sole discretion, deems relevant and appropriate.
Any information that you provide to Gen5homes.com must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. You must not submit a request for a third party service through the Gen5homes.com Websites unless you intend, in good faith, to contract with such third party for the use of such service.
Gen5homes.com is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Gen5homes.com (and its affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected withsuch disputes.
This Agreement is governed by the laws of the State of Georgia, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Georgia, in all disputes arising out of or relating to the use of the Gen5homes.com Websites. Use of the Gen5homes.com Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gen5homes.com as a result of this Agreement or use of the Gen5homes.com Websites. Gen5homes.com‘s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Gen5homes.com‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Gen5homes.com Websites or information provided to or gathered by Gen5homes.com with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Gen5homes.com with respect to the Gen5homes.com Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Gen5homes.com with respect to the Gen5homes.com Websites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Gen5homes.com, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
You agree to indemnify, defend and hold harmless Gen5homes.com, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation ofthis Agreement.
All materials on the Gen5homes.com Websites (as well as the organization and layout of the Gen5homes.com Websites) are owned and copyrighted or licensed by Gen5homes.com, its affiliates or its suppliers. Copyright ï¿½ 1992-2017 Trust Associates. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the Gen5homes.com Websites is permitted without the written permission of Gen5homes.com. Any rights not expressly granted herein are reserved.
Trademarks referenced on the StreetSmartInvestorWesbites.com Websites, including, but not limited to StreetSmartInvestorWebsites.com, StreetSmartInvestor.biz, YourCompanyBuySite.com, YourCompanySellSite.com, DreamHomeBuyers.com, DreamHomeSellers.com, StreetSmartInvestor.com and LouisBrown.com are either trademarks or registeredtrademarks of Trust Associates., its affiliates or its suppliers.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
ATTN: Legal Department
4426-B Hugh Howell Road, Suite #200
Tucker, GA 30084