Terms and Conditions - Last Modified July 3, 2008

 

Introduction

This website (the "Site") is owned and operated by Home Improvement Interactive Inc. and subsidiaries (including VisionScape and www.myVisionScape.com)(collectively, "HOMEIII"). HOMEIII provides its service to you subject to the following Terms of Service (the "TOS"). By using the HOMEIII website (the "Site"), you agree to be bound by the TOS. HOMEIII may, in its sole discretion, modify the TOS without notice to you. Please continue to review the TOS when using this Site. By continuing to access and use this Site after the TOS have been modified, you are agreeing to such modifications. In addition, when using particular HOMEIII services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

 

Description of Service

The Site allows users to easily and efficiently search our product database and website information containing products and or services that they are interested in. The Site also provides other services such as newsletters and landscape design. The Site and the services available to users of the Site may be referred to herein collectively as the "Service". Unless explicitly stated otherwise, any new features that augment or enhance the Service in the future shall be considered part of the Service and subject to the TOS.

 

Registration

You are not required to register for an account on the Site in order to perform product searches on the Site. However, you may be required to register to take advantage of certain other features of the Site, such as subscribing to and receiving newsletters or creating a virtual property. If you choose to register on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information to HOMEIII that is untrue, inaccurate, not current or incomplete, or HOMEIII has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HOMEIII has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Any Registration Data and other information you provide to HOMEIII is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.HomeIII.com/legal/privacy_policy.jsp

 

Member Account and Password

At the current time, users are not required to use a password or obtain an account to use basic Site features. However, in the event that HOMEIII initiates such a system and you choose to register for an account with HOMEIII, you will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HOMEIII of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HOMEIII cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

Restrictions on Use

The Site contains material which is derived in whole or in part from material supplied by HOMEIII and other sources. Any and all international copyright and trademark laws protect the material on this site. You may not copy, modify, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software. You may not take content from HOMEIII and reformat and display, or mirror any HOMEIII  page on your website. You may not "meta-search" HOMEIII nor may you perform any form of automated query to the HOMEIII services. You may not send automated queries, including using any software which sends queries to HOMEIII to determine how a website or web page "ranks" on HOMEIII , of any sort to HOMEIII's system.

 

License to HOMEIII

By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Service, you are granting HOMEIII a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

 

Links and Third Party Content

This Service acts as a system and venue to introduce you to products and services offered by the Home Improvement Industry.  The Site maintains a product database and the websites of providers of goods, services and information that interest you. As a result, the Service may provide links to websites or resources outside of the Site. HOMEIII may make reasonable efforts to ensure that the content, data, text, URLs, graphics or any other materials (collectively, the "Content") that are either provided to the Service by third parties (including those whose websites or resources are listed in the Service directories) or contained on such third party websites or resources meet HOMEIII's use guidelines, but we cannot guarantee the accuracy, integrity or quality of such Content. You understand that, by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

Because HOMEIII has no control over external sites and resources, you acknowledge and agree that HOMEIII is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources. You further acknowledge and agree that HOMEIII shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, advertising, goods, services or other materials on, available through or provided by any such site or resource. You agree that you must evaluate, and bear all risks associated with, the use of any such Content, advertising, goods, services or materials, including any reliance on the accuracy, completeness or usefulness thereof. You acknowledge that you may not rely on any Content created by HOMEIII or submitted to HOMEIII, including, without limitation, information in HOMEIII directories and in all other parts of the Service.

 

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOMEIII 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.

HOMEIII MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOMEIII OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOMEIII SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOMEIII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

If you are dissatisfied with any HOMEIII material, or with any of HOMEIII's terms and conditions, your sole and exclusive remedy is to discontinue using HOMEIII.

 

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Termination

This agreement is effective until terminated by HOMEIII, at any time without notice. In the event of termination the disclaimers and limitations of liabilities set forth in this agreement shall survive.

 

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of HOMEIII, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HOMEIII shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the HOMEIII service.

 

Governing Law

This agreement shall be exclusively governed by and construed in accordance with the laws of the State of New York within the United States of America without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. HOMEIII makes no representation that these Terms of Service comply with the laws of any other country. Visitors who use this Sites product search engine or any other services offered on the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Contacting Us

If you have any comments or questions regarding our Terms of Service, or wish to report any violation of the TOS, please contact us at info@HomeIII.com. We will address any issue to the best of our abilities as soon as possible.