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Terms of Service
USER AGREEMENT
PLEASE READ THE TERMS OF THIS USER AGREEMENT (THE "USER AGREEMENT") CAREFULLY PRIOR TO YOUR USE OF THIS WEBSITE, RATEYOURBUILDER.COM (REFERRED TO AS THE "WEBSITE"). Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Website. Links to Third Party Websites. We may provide links to web pages which are not part of the our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our Websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this Website only provides links. User's Information. "User's Information" is defined as any information or other material you provide to us or others in connection with the Website. Except as otherwise provided in the Privacy Policy, you are solely responsible for User's Information, and we act as a passive conduit for the online distribution of User's Information. We reserve, however, the right to modify or remove from the Website, all or any portion of User's Information or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful. We also reserve the right to edit User's Information or other materials for any other reason consistent with the purposes of this Agreement or the Website. Notwithstanding the foregoing, we have no obligation to delete User Information that you may find objectionable or offensive and we are not undertaking any liability or obligation relating to any posting or activities by users of the Website. License, Access and Interference. Use of the Site, Materials and Services. The contents of this Website and the Materials are protected by copyright, trademark, trade secret and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, non-transferable license to access and make personal use of the Website and the Materials. This license does not include any resale, redistribution, replication, public display, republication or similar commercial use of this Website or its contents or the Materials, except as expressly provided herein or any other agreement that you have entered into with us; any collection and use of any Materials or descriptions; any derivative use of this Website or its contents or the Materials; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website or the Materials, may not be reproduced, duplicated, copied, sold, resold, visited, modified, disclosed, publicly displayed, reverse engineered, disassembled, decompiled or otherwise exploited for any similar commercial or other purpose without our express written consent or as otherwise permitted in any other agreement with us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on the Website without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use of the Website, Materials or Services terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray us or any products or Services offered on the Website in a false, misleading, derogatory, or other manner which we deem offensive. You may not post any material or information on the Website that is false, misleading, derogatory, defamatory, obscene, harassing, violative of the law or anyone's rights or which we deem offensive. We have the right, but not the obligation to monitor your use or other users' postings or other use of this Website. You may not use any logo or other proprietary graphic or trademark on the Website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. We reserve all rights in the Site, Services and Materials that are not expressly granted under this Agreement and no additional rights or licenses are granted to you by implication, estoppel, course of dealing or otherwise. Breach. Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Website in whole or in part: (a) if you breach this User Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties. Privacy. Our current Privacy Policy is available on the Website and is incorporated in this User Agreement by reference. We may change our Privacy Policy from time to time, as stated therein. Warranty Disclaimers and Liability Limitations. We are the owner, distributor and publisher of the information, data, software, technology and the accompanying documentation, products and materials described and/or made available on or through this Website (collectively the "Materials"). We provide the other services described on this Website and in any other agreements that you may enter into with us (the "Services"). YOU UNDERSTAND AND AGREE THAT: (I) THERE IS NO GUARANTEE THAT YOU WILL MAKE ANY MONEY USING THE MATERIALS AND SERVICES THAT WE DESCRIBE ON THIS WEBSITE; (II) THE ACTUAL FINANCIAL BENEFIT YOU EXPERIENCE, IF ANY, IS BASED ON FACTORS OUTSIDE OF OUR CONTROL. WE CANNOT AND DO NOT GUARANTEE OR WARRANTEE YOUR SUCCESS, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING IN CONNECTION WITH THE MATERIALS, SERVICES OR THIS WEBSITE OR YOUR USE OF THE FOREGOING. WE DO NOT MAKE ANY REPRESENTATIONS WITH RESPECT TO THE ADEQUACY OF THE MATERIALS, SERVICE OR THIS WEBSITE AND WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS BE OTHERWISE PROVIDED IN ANY OTHER AGREEMENT BETWEEN US, WE SHALL IN NO EVENT BE HELD LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS MATERIAL, THE SERVICES OR WEBSITE, ALL OF WHICH ARE PROVIDED "AS IS", AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT AS BE OTHERWISE PROVIDED IN ANY OTHER AGREEMENT BETWEEN US, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNTS PAID BY YOU TO US, FOR THE MATERIALS, SERVICES OR USE OF THIS WEBSITE. You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our and their respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable legal fees, due to or arising out of the following events: (i) your submission of comments, posts, or other information to this website; (ii) your giving us any information which is inaccurate; (iii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iv) your negligence or wilful misconduct; (v) your violation of any law, regulation or right of any third party; (vi) any dispute or action between you and any third party, including parties selling goods or services through this Website; and (vii) your use of this Website or the products or services of us or any third party, except for claims resulting solely from our negligence or wilful misconduct. Release; Covenant Not To Sue. To the maximum extent permitted by applicable law, you hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our and their respective officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Materials, Services or your use of this Website, other than wilful misconduct or our failure to honor an express commitment posted on the Website (i.e., if we fail to deliver Materials or information to you which you paid for). If you are a California resident, you hereby waive California Civil Code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to us at P.O. Box 767518, Roswell, GA 30076, and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing. Arbitration. To the maximum extent permitted by applicable law, any controversy or claim between you and us or our subsidiaries and affiliates, and our and their respective officers, directors and employees, arising out of or relating to this Agreement or your use of the Website or the Materials, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration. Taxes. You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the Website. General. Choice of Law, Headings and Non-waiver. This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of Georgia, without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of Georgia. Either party's failure to act with respect to a breach does not waive the non-breaching party's right to act with respect to subsequent or similar breaches. Severability. Entire Agreement; Amendment. Continuing Cooperation. |

