| • Terms of Use
The following Terms of Use (the "Terms") govern the use of OffsiteBuilt™ (“OffsiteBuilt™ Homes” or the “Site”). Sales representatives, dealers, builders, general contractors, lenders, realtors, and other sales and service professionals are referred herein as “Professionals”. Professionals, consumers and visitors are individually and collectively referred herein as “you”. OffsiteBuilt Homes, its partners, affiliates and marketing allies are referred herein as "we", "us" and "our".
By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. If you do not agree that these Terms constitute a binding contract between you and OffsiteBuilt™ Homes, please do not visit or use of the Site.
We reserve the right to change these Terms at any time, effective immediately upon posting them on the Site. You are responsible for regularly reviewing this Agreement. If you violate these Terms, OffsiteBuilt™ Homes may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
• Content
OffsiteBuilt™ Homes presents and makes information available as a public service, for the sole purpose of aiding you, the individual consumer. Information contained within the Site was originated by various content providers. OffsiteBuilt™ Homes, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are solely responsible for confirming the sufficiency and reliability of any such information.
The Site may contain content and information from OffsiteBuilt™ Homes affiliates and/or links to affiliate web sites. Such content is not under the control of OffsiteBuilt™ Homes and we are not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. OffsiteBuilt™ Homes is providing such content to you only as a convenience, and the inclusion of such content does not imply endorsement by OffsiteBuilt™ Homes of such content nor of the affiliate. You may be subject to additional and/or different terms & conditions, and privacy policies when you use affiliated services, content, software or sites.
The Site may provide you with opportunities to contribute to the Site, which may include, but is not be limited to, uploading your user profile, personal web pages, participating in chats, bulletin boards and communication facilities, submitting reviews, ratings, etc. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as "User Content". OffsiteBuilt™ Homes is not liable or responsible for any User Content. The contributions of third parties do not necessarily represent the views or opinions of OffsiteBuilt™ Homes. OffsiteBuilt™ Homes cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including but not limited to infringing, defamatory or offensive materials.
• General Use
Consumers: OffsiteBuilt™ Homes offers you access to the Site solely for your personal and non-commercial use. You agree that you will not use the Site, in whole or in part, for any other purpose. You agree to visit, view and to retain a copy of pages of this Site only for your own personal use.
Professionals: OffsiteBuilt™ Homes offers you access to the Site to serve consumers who seek your products or services. You agree that you will not use the customer information obtained through the Site, for any other purpose than to provide requested products and/or services to the requesting consumer. You acknowledge that the consumers provide you with their Personal and/or financial information solely in respect of the products and/or services of their interest, and for no other purpose or use. You agree that you will not use consumer information obtained through the Site for any other purpose, and will not share, transmit, disclose or sell this information, in whole or in part, to anyone without prior permission of the consumer. Your failure to abide with this requirement may result in cancellation of your account with OffsiteBuilt™ Homes.
• Third-Party Services
A number of commercial services are offered by third parties through the OffsiteBuilt™ Homes website. You acknowledge that by permitting such services to be offered through the Site, OffsiteBuilt™ Homes is acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to OffsiteBuilt™ Homes. In order for OffsiteBuilt™ Homes to distribute your information and facilitate contacts between you and such third parties, you hereby grant OffsiteBuilt™ Homes permission to disclose any and all of the information that you provide to OffsiteBuilt™ Homes to any such third party that OffsiteBuilt™ Homes, in its sole discretion, deems relevant and appropriate.
OffsiteBuilt™ Homes 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 OffsiteBuilt™ Homes, 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 with such disputes.
• Truthfulness and Accuracy of the Information
In order for you to participate in certain services that OffsiteBuilt™ Homes provides through the Site, OffsiteBuilt™ Homes will require that you provide specific information about yourself. If you choose to participate in such services, you represent and warrant that all information you provide will be true, complete, accurate and correct, and that you will update all information as it changes, that you will refrain from impersonating or falsely representing your affiliation with any person or entity.
You are solely responsible for such information and for all of the terms and conditions of transactions between you and 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 OffsiteBuilt™ Homes website unless you intend, in good faith, to contract with such third party for the use of such service.
• Complying with Laws
You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.
• Verifications and Authorizations
If we are unable to verify or authenticate any information you provide during any registration, inquiry, listing, posting, sale, authentication, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, you may be prohibited from using the Site.
• Links and Search Results
The Site may produce search results that reference or link to third party sites throughout the World Wide Web. OffsiteBuilt™ Homes no control over these sites or the content within them. OffsiteBuilt™ Homes cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. OffsiteBuilt™ Homes does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against OffsiteBuilt™ Homes for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
• Prohibited Content
The following is a partial list of the kind of User Content which is illegal or prohibited on the Site. It includes User Content that:
is offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
• Offline Conduct
Although OffsiteBuilt™ Homes cannot monitor the conduct of users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit request or consent.
• Commercial Use
No bulletin board, chat or other areas of this Site may be used by our visitors for any commercial purposes without our prior permission. You must obtain our prior consent to make commercial offers of any kind, whether by listing, advertising, solicitations, links, or any other form of communication. If you are professional engaged in sale of prefabricated homes or building to the end-user, you obtain such consent automatically by signing up for one of our plans available to sellers. We will take appropriate action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to this Site or our services, with respect to any person believed to be, or believed to be acting in concert with any person who is believed to be, violating these Terms, or utilizing automated means to process or place inquiries or orders. Violating any limitations or terms on the Site will be deemed to be a violation of these Terms.
• Access and Interference
You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of OffsiteBuilt™ Homes.
• Unauthorized Use of the Site
You agree not to duplicate, download, publish, distribute, transmit, display, perform, reproduce, publish, license, create derivate works from, frame in another webpage, use on another website, transfer or sell any information, software, list of users, databases or other lists, products or services provided through or obtained from OffsiteBuilt™ Homes, modify or otherwise distribute the material on this Site for any purpose other than to review the information for personal use or to purchase merchandise, unless otherwise specifically authorized by OffsiteBuilt™ Homes to do so.
You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of OffsiteBuilt™ Homes. You agree not to obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through OffsiteBuilt™ Homes. If we post a legal notice and various credits on pages of the Site, such notice may not be removed.
It shall be a violation of these Terms to use any password, regardless of whether or not such password is unique, to participate in any offer on the Site if you are not the original recipient of such password (i.e., if you did not receive the password from OffsiteBuilt™ Homes) or if your participation in offer is inconsistent with terms of the offer.
Except with the written permission of OffsiteBuilt™ Homes, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Site. Unauthorized individuals attempting to access prohibited areas of the Site may be subject to prosecution.
You agree that OffsiteBuilt™ Homes may in its sole discretion and at any time terminate your access to and use of the Site, or any part thereof, with or without notice.
• Suspected Violation of these Terms or Law; Service Modifications
You understand and agree that in OffsiteBuilt™ Homes' sole discretion, and without prior notice, OffsiteBuilt™ Homes may terminate your access to the Site, cancel your inquiry, cancel your postings, remove any unauthorized User Content or exercise any other remedy available, if OffsiteBuilt™ Homes believes that your conduct or the conduct of any person with whom OffsiteBuilt™ Homes believes you act in concert, or the User Content you provide, violates or is inconsistent with these Terms or the law, or violates the rights of OffsiteBuilt™ Homes' client or another user of the Site. You agree that monetary damages may not provide a sufficient remedy to OffsiteBuilt™ Homes for violations of these Terms and you consent to injunctive or other equitable relief for such violations. OffsiteBuilt™ Homes is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of OffsiteBuilt™ Homes' rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to entire Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
• Privacy
We believe that your privacy and the privacy of all our users is important. These Terms are subject to the Privacy Policy, which is hereby incorporated by reference. OffsiteBuilt™ Homes will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom OffsiteBuilt™ Homes is allowed to disclose your contact information under the Privacy Policy. If you post any User Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. When we say in these Terms "post" we mean the provision of information (including, but not limited to, "User Content") to the Site through features of the Site that are used to make information available to other members of the public (e.g., user reviews, bulletin boards, chat rooms, etc.). Information that is posted to the Site shall not be subject to the Privacy Policy and may be publicly displayed and disclosed and otherwise used by Ticket master or any third party in any way. By posting User Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use such User Content. You should not post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your name, home or work address, phone numbers, pagers, email address or other such information. If you post such information, OffsiteBuilt™ Homes cannot prevent it from being used in a manner that violates these Terms, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms, and you assume the risks and sole liability for the results of such posting.
OffsiteBuilt™ Homes is not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own back up versions of any User Content or other information they submit to the Site.
• U.S. Export Controls
This Site and software derived from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Site or any software derived there from, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
• Copyright Policy
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the User Content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred.
• Disclaimers
OFFSITEBUILT™ HOMES DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. OFFSITEBUILT™ HOMES CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OFFSITEBUILT™ HOMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OFFSITEBUILT™ HOMES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. OFFSITEBUILT™ HOMES MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE OFFSITEBUILT™ HOMES SERVICE.
OFFSITEBUILT™ HOMES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, OFFSITEBUILT™ HOMES USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE OFFSITEBUILT™ HOMES SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE OFFSITEBUILT™ HOMES SERVICE. OFFSITEBUILT™ HOMES IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY SALES REPRESENTATIVE, DEALER, MANUFACTURER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
• Limitation on Liability
IN NO EVENT WILL OFFSITEBUILT™ HOMES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVNUES OR BUSINESS OPPORTUNITIES, EVEN IF OFFSITEBUILT™ HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Disputes
If you have a dispute, then the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in state and federal courts located in Ventura County, California.
• Indemnity
You agree to indemnify and hold OffsiteBuilt™ Homes and its affiliates, and each of OffsiteBuilt™ Homes and its affiliates' respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
• Trademarks
OffsiteBuilt™ Homes, OffsiteBuilt™, offsite-built.com and offsitebuilt.com are trademarks of OffsiteBuilt™ Homes. All rights reserved.
• Power Seller Plan & Free Plan
This Agreement constitutes the full and complete agreement between OffsiteBuilt™ Homes and an individual or entity participating in OffsiteBuilt™ Homes Customer Referral Program (the "Program"). As used in this Agreement, "we" means OffsiteBuilt™ Homes; "you" means the individual or entity participating in the Program. "Site" refers to the offsite-built.com World Wide Web site. The Parties hereto, agree that there are no other agreements or understandings collateral or ancillary to this Agreement.
• Eligibility
Any person over 18 years old, professionally involved in sale of prefabricated, precut, manufactured, factory-built, modular, panelized, steelframe, timberframe, geodesic home, system-built home, log home package or gazebo, garage, barn, carport, to end-user is eligible to participate in Customer Referral Program. To join, you will sign up for the Customer Referral Program via our Site.
• Monthly Fee
You authorize us to charge your credit card a fee, if any, according to a Plan you signed on.
• Representation
You acknowledge that you have full power and authority to enter into this agreement and to consummate the transactions contemplated by this Agreement.
You acknowledge that OffsiteBuilt™ Homes has a responsibility to the customers and the public to provide accurate information. You agree that providing incorrect, incomplete or false information would constitute misrepresentation causing a harm to OffsiteBuilt™ Homes.
You agree to keep data provided to OffsiteBuilt™ Homes correct and complete all the time, and update your data when the change takes place without any delay. You agree to protect the accuracy of your information by not sharing your account with anyone, not revealing your login information to anyone, and by informing us about any security breach, or a potential breach, without any delay.
In case of gross misrepresentation of information provided to us, you agree that OffsiteBuilt™ Homes is entitled to offset the damages by charging your credit card the amount determined by OffsiteBuilt™ Homes, but not exceeding one thousand dollars.
• Effectiveness and Termination
The terms of this Agreement will begin upon our acceptance of your application. Plan expires at the time of termination by either party. You can terminate your participation in a Plan at any time by giving us a written notice of termination. Any outstanding fees are subject to the terms of this Agreement.
• Cancellation of Program Enrollment
We reserve the right to cancel your enrollment in the Plan at any time for any reason. Any outstanding fees are subject to the terms of this Agreement.
• Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any agency, franchise, joint venture, partnership, sales representative, or employment relationship between you and OffsiteBuilt™ Homes.
• Limit of Liability
Under no circumstances, including, but not limited to negligence, shall we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site or our system, even if Offsite-Built™ Homes has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence), or otherwise exceed the amount paid by you to OffsiteBuilt™ Homes, if any, that is related to the cause of action.
Users agree to indemnify and hold OffsiteBuilt™ Homes harmless with regard to loss or damage experienced through use of this system.
• Modification
This Agreement supersedes any prior agreements between you and OffsiteBuilt™ Homes. This Agreement may be amended from time to time and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available services, fees and commissions, fee schedules, payment procedures. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RESOURCE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN PAY-PER-PERFORMANCE PLAN FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
• Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit other parties on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with products on this site. You have independently evaluated the desirability of this site and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
• Miscellaneous
The laws of the state of California, excluding its conflicts-of-law rules, govern this Agreement. Any action relating to this Agreement must be brought in the Superior Court of California located in Ventura, California. As noted elsewhere, your conduct may be subject to other local, state, and national laws. You expressly agree that exclusive jurisdiction for any claim or dispute resides in the courts of the State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving offsite-built.com. |