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Terms and Conditions

Terms and Conditions

This page contains the "Terms and Conditions" under which You may use HomeMakeoverPros.com. Please read this page carefully. If You do not accept the Terms and Conditions stated here, do not use this web site. By using this web site, You are indicating Your acceptance to be bound by these Terms and Conditions. HomeMakeoverPros.com may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on You and may change without notice. The terms "You", “Your” and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

Use of Material.

The Company authorizes You to view and download a single copy of the material on HomeMakeoverPros.com (the "Web Site") solely for Your personal, noncommercial use. The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other material (“Material’), are protected under United States and foreign copyright, trademark and other laws. All Material is the property of HomeMakeoverPros.com or its content suppliers, vendors and clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of HomeMakeoverPros.com and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy You make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. Further, the HTML code that is created by HomeMakeoverPros.com while generating its pages is also protected by copyright.

Acceptable Site Use.

General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) otherwise prohibited by the Company. Web Site Security Rules: Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violation of these Security Rules may result in civil or criminal liability. HomeMakeoverPros.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

This site is designed for parties who can legally make binding contracts under applicable law. Therefore, minors are not allowed to use this site without permission of their parents or guardians. Minors who can not meet these requirements may not use this Web Site. You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Web Site. You are also expected to pay for any state fees or applicable taxes that may be associated with the activities from this Web Site.

Specific Prohibited Uses.

The Web Site may be used only for lawful purposes by individuals wishing to take advantage of the offers presented by various third parties. HomeMakeoverPros.com specifically prohibits any use of the Web Site, and all Users agree not to use the Web Site, for any of the following (where applicable):

Posting any incomplete, false or inaccurate information in the open discussions and chat forum sections (if applicable) or other areas of the Web Site. This includes, but is not limited to, any postings that are sexually implicit, use derogatory statements or offensive language, are implicit or immoral in nature, are harassing or libelous, and any unlawful statement.

Posting any false or inaccurate biographical information. This includes, but is not limited to misrepresenting yourself, Your company, and company goods and/or services.

Posting any incomplete, false or inaccurate information in any other part of this Web Site. Posting any corrupted files, viruses and other software damaging activities.

Attempting to gather or solicit other user's information for any reason not authorized by the HomeMakeoverPros.com. Deleting or revising any material posted by any other person or entity. This includes, but is not limited to, the infringement of any third party's content or transmission.

Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.

Taking any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than through the search engine and search agents available from HomeMakeoverPros.com on this Web Site and other than through generally available third party web browsers, such as Netscape Navigator and Microsoft Explorer.

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.

Aggregating, copying or duplicating in any manner any of the material or information available from the Web Site.

Framing of or linking to any of the materials or information available from the Web Site.

Violating any other posted policy in regards to the use of this Web Site, regardless as to where the policy is located on the Web Site.

HomeMakeoverPros.com has a right to refuse to post any message or other postings (if ever applicable) if the Company believes it is in violation of these terms and conditions. The Company also reserves the right to terminate Your use of this site if You violate any of these prohibited uses.

User Submissions.

As a User and if applicable, You are responsible for Your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site You agree not to, do the following things (as mentioned above): post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless You own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. It is Your responsibility to verify the accuracy of all the information (including personal) that You post to the Web Site. HomeMakeoverPros.com does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by Users (if applicable) or endorse any opinions expressed by Users. As a User, You will be liable for all damages resulting from Your content. You acknowledge that any reliance on material posted by other Users will be at Your own risk.

HomeMakeoverPros.com does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by HomeMakeoverPros.com from third parties (i.e. vendors and authors), nor does HomeMakeoverPros.com endorse any opinions expressed in these postings. HomeMakeoverPros.com does not endorse any of the products, sweepstakes, etc. that may be advertised through the Web Site. All postings by HomeMakeoverPros.com and products sold are for informational and convenience purposes only. HomeMakeoverPros.com has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by Users or vendors. If notified by a User of communications which allegedly do not conform to these Terms and Conditions, HomeMakeoverPros.com may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. HomeMakeoverPros.com has no liability or responsibility to Users for performance or nonperformance of such activities. HomeMakeoverPros.com reserves the right to expel Users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are false, misleading, abusive, illegal, or disruptive. HomeMakeoverPros.com may take any action with respect to User-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for HomeMakeoverPros.com or may cause the HomeMakeoverPros.com to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any area of the Web Site (if applicable), including regular postings, message boards, forums, contests, photographs and chat rooms, You grant HomeMakeoverPros.com and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) in Your copyright, trademark, publicity and database rights, a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for personal use. These rights also include Your information in any media now known or not currently known. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content. This information will be used in accordance with the HomeMakeoverPros.com 's privacy policy. Any hyperlinks contained in any postings will be, at the discretion of the HomeMakeoverPros.com, disabled for use by others.

Registration and Password.

If applicable, You are responsible for maintaining the confidentiality of Your registration information and password. You shall be responsible for all uses of Your registration, whether or not authorized by You. You agree to immediately notify the HomeMakeoverPros.com of any unauthorized use of Your registration or password.

Copyright Notification in the Event of Possible Infringement.

If You believe that Your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing HomeMakeoverPros.com with the following information:

1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

2. A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;

3. Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;

4. Your name, address, telephone number and, if You have one, Your e-mail address;

5. A statement by You that You have a good faith belief that use on the web site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law;

6. A statement by You, made under penalty of perjury, that the information You have provided in Your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.

HomeMakeoverPros.com’s copyright agent for notice of claims of copyright infringement on its site can be reached through the “Contact Us” section of the Web Site.

Termination of Users who Violate the Company's Policy on Infringement of Copyright or Other Intellectual Property Rights.

HomeMakeoverPros.com, and all of our affiliated companies respect the intellectual property of others, and we ask our Users, account holders (if applicable) and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to Your use of this Web Site, You agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders (if applicable), and block access to our Web Site, of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder (if applicable) who is terminated or to the user whose access is blocked.

HomeMakeoverPros.com’s Liability.

HomeMakeoverPros.com is only a venue. This Web Site acts as a venue for users (such as vendors, Users and other parties) to post information about their company, goods and services, as well as other related information, and does not screen or censor the postings made. The Web Site may also be a venue for different products, articles and interviews. The Company is not involved in the actual communications between users, unless specifically mentioned otherwise. As a result, the Company has no control over the content of the various postings, Vendor information, product information or users work product. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users, vendors and authors with whom You come in contact through the Web Site. There is no agency agreement of any kind made between any Vendor or publisher and the Company. HomeMakeoverPros.com is not responsible for the content or accuracy of the articles presented on the Web Site and makes no representations or warranties with respect thereto. The opinions contained in any article are the opinions of the article’s author(s) and the HomeMakeoverPros.com does not endorse any such opinion.

Because user authentication on the Internet is difficult, HomeMakeoverPros.com cannot and does not confirm that each User/vendor is who they claim to be. Because we do not and cannot be involved in User-to-User/vendor dealings or control the behavior of participants on HomeMakeoverPros.com, in the event that You have a dispute with one or more Users, You hereby release the HomeMakeoverPros.com (its owners, affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature (including negligence), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or Your use of the Web Site.

We are under no legal obligation to, and generally do not, control the information provided by other Users, vendors, publishers and others, which is made available through the Web Site. By its very nature, other parties’ information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using this Web Site.

The Material may contain inaccuracies or typographical errors. HomeMakeoverPros.com makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Web Site, or other Material. The use of the Web Site and the Material is at Your own risk. Changes are periodically made to the Web Site and may be made at any time without notice. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any postings placed by You on the Web Site (if applicable). Users needing services are also solely responsible for their postings on the Web Site (if applicable). If Users decide to use the promotions, services or goods of any vendor (advertised or not) mentioned in this web site, they do so at their own risk. HomeMakeoverPros.com will not be liable for any products or services offered by any vendor, or if the User follows the advice of any Vendor. HOMEMAKEOVERPROS.COM DOES NOT ENDORSE ANY VENDOR, OR OTHER PARTY THAT A USER MAY FIND ON THE WEB SITE. THE USER AND THIRD PARTY VENDOR WILL COMMUNICATE WITH EACH OTHER, WITH HOMEMAKEOVERPROS.COM HAVING NO PART IN ANY TRANSACTION. HOMEMAKEOVERPROS.COM DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HOMEMAKEOVERPROS.COM WILL NOT BE RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HOMEMAKEOVERPROS.COM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOMEMAKEOVERPROS.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages.

IN NO EVENT SHALL HOMEMAKEOVERPROS.COM, ITS SUPPLIERS, VENDORS OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOMEMAKEOVERPROS.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Contacting HomeMakeoverPros.com.

Users may contact HomeMakeoverPros.com, for any reason through the “Contact Us” section of the Web Site. Links to Other Sites. The Web Site may contain links to third party web sites. HomeMakeoverPros.com does not endorse any of these sites and is provided to You as a convenience only. HomeMakeoverPros.com is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third party web sites. If You decide to access linked third party web sites, You do so at Your own risk, and HomeMakeoverPros.com shall not be responsible for any damages or liabilities that might result there from. As mentioned previously, many of the vendors on the Web Site will provide links to their web sites. If You access their web sites, You will need to follow their terms and conditions, privacy policies, sweepstakes rules and any other agreements found on their web site. HOMEMAKEOVERPROS.COM IS NOT RESPONSIBLE FOR ANY OF THE VENDORS’ POLICIES, PRACTICES OR AGREEMENTS, NOR DOES HOMEMAKEOVERPROS.COM HAVE ANY CONTROL OVER THE SAME.

No Unauthorized Commercial Use.

You hereby agree not to make any unauthorized commercial use of the Web Site.

Limitation of Liability.

HomeMakeoverPros.com, its owner(s), subsidiaries, employees, and affiliates shall not be held liable in any way to You or any third party in any circumstance for any claim arising from the use of the Web Site. Some states may give You more rights, so please refer to Your state's laws.

Disputes between Customers and Vendors.

As stated above, the Web Site is merely a venue. In the event of any disputes between You and a vendor (advertised or not), affiliate or third party, HomeMakeoverPros.com will not intervene on behalf of either party. All disputes, refunds or other events arising between You and a vendor, affiliate or third party shall be resolved solely by You and the relevant vendor, affiliate or third party. For any disputes between You and the HomeMakeoverPros.com, You may contact us through the “Contact Us” section of the Web Site.at the comment page on the web site. HomeMakeoverPros.com will make every effort to resolve Your dispute.

Termination.

HomeMakeoverPros.com reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of Your postings (if applicable) from the Web Site and immediate termination of Your ability to access the Web Site and/or any other service provided to You by the HomeMakeoverPros.com, upon any breach by You of these Terms and Conditions (or other agreements found on the Web Site).

Indemnity.

You hereby agree to indemnify, and to hold harmless, HomeMakeoverPros.com, its owner(s), officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable attorneys’ fees, resulting from (or alleged to have resulted from) Your use of the Material or Your breach of the terms of these Terms and Conditions. HomeMakeoverPros.com shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at Your expense, in defending any such claim, suit or proceeding.

General Terms.

HomeMakeoverPros.com makes no claims that the Material may be lawfully viewed or downloaded outside of the United States. Access to the Material may not be legal by certain persons or in certain countries. If You access the Web Site from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims based upon use of the Web Site shall lie exclusively with the state or federal courts within the City of San Francisco, State of California, and all parties submit to the jurisdiction of such courts and agree that venue therein is proper. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, such as a particular "Legal Notice," or Software License or material on particular web pages (if applicable), these Terms and Conditions constitute the entire agreement between You and the Company with respect to the use of the web site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Additional Terms of Use.

Certain areas of the Web Site may be subject to additional terms and conditions. By using such areas, or any part thereof, You agree to be bound by the additional terms and conditions applicable to, and available for viewing in, such areas. You should also check these Terms and Conditions often to see if these Terms and Conditions have been revised.