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1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content, products
or services provided by or through the Site, and the subject matter of this
Agreement. This Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of
the Site, except as allowed by Section 4, is strictly prohibited. You do not
acquire ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the Site does not
constitute a waiver of any right in such information and materials.
3. Trademarks.
BACHomes.Com and others are either trade names, trademarks or
registered trademarks of BACHomes Inc. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
4. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive license for use solely
by you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or other use. No
part of any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
6. Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys, staff
and affiliates (collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable.
Your right to use the Site is not transferable. Any password or right given to
you to obtain information or documents is not transferable.
8. Disclaimer and Limits.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. MEMBER
CONTRIBUTIONS TO ONLINE ARCHIVES AND DISCUSSION FORUMS ARE THE EXPRESS
OPINIONS OF THE CONTRIBUTOR AND NOT NECESSARILY THAT OF BACHOMES.COM,
BACHOMES INC. OR OUR MEMBER AFFILIATES.
All responsibility or liability for any
damages caused by viruses contained within the electronic file containing the
form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL
CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS,
SERVICES OR INFORMATION.
9. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy
Policy.
10. Third-Party Services.
We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party to
the transactions entered into between you and Merchants. You agree that use of
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO
OUR SITE.
11. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or
commitments on behalf of the other.
12. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this
Agreement.
13. Payments.
You represent and warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and complete,
(ii) charges incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes.
14. Securities Laws.
This Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand for
our products or services, as well as our intentions, plans and objectives,
that are forward-looking statements. These statements are based upon a number
of assumptions and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes,"
"estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information contained herein
does not constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
15. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
16. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
information:
(a) An electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest;
(b) A description of the
copyrighted work that you claim has been infringed;
(c) A description of where
the material that you claim is infringing is located on the Site;
(d) Your address, telephone
number, and email address;
(e) A statement by you that
you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
(f) A statement by you, made
under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
Our Copyright Agent for
Notice of claims of copyright infringement on the Site can be reached at
BACHomes.Com Legal Department
17. Refund Policy.
If a product purchased by you proves to be defective or not to your reasonable
satisfaction, you can contact the BACHomes.Com Sales
Department within 21 days of receipt, to arrange a refund. In such event, we will
provide you a credit for other purchases on the Site (less shipping and
handling charges incurred). This Section 17 sets forth your sole and exclusive
right to refund and return.
18. Information and Press Releases.
The Site contains information and press releases about us. While this
information was believed to be accurate as of the date prepared, we disclaim
any duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press release or
otherwise, should not be relied upon as being provided or endorsed by us.
19. Membership Rules and Guidelines.
It is a condition of your use of theses services not to:
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post or transmit any
information to promote, sell, trade, or give away the use of the following
materials or information: illegal material or information, stolen material
or information, violation of trademarks, pirated material or information.
Upon reviewing any reports received by BACHomes.Com regarding the members
use of these services, BACHomes.Com reserves the right to terminate the
members account without any obligation.
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post or transmit any material
of a sexually explicit or illegal nature. Let it be known that
offensive material falling under the category of "sexually explicit or
illegal nature" shall include, but not be limited to the following:
any nude pictures of a human being used to exploit, advertise, or sell any
product or service; any sort of child pornography, or attempt to
display a child in a sexually suggestive manner; any written material
describing and/or promoting any sexually explicit, harsh, or abusive acts;
any written material which is excessively profane and sexually explicit.
Let it be known that at any time BACHomes.Com reserves the right to judge
any material that it deems of an inappropriate adult or sexual nature
intolerable for a BACHomes.Com thus
causing said material to be included under this category of "sexually
explicit or illegal nature". Upon reviewing any reports
received by BACHomes.com regarding the members use of services in any of
the above practices regarding the addressed material of a
"sexually explicit or illegal nature", BACHomes.Com reserves the
right to terminate the members account without any obligation.
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post or transmit any
information that is unlawful discrimination against or hatred of any
particular race, any particular nationality, or any particular religion.
Let it be known that at any time BACHomes.Com reserves the right to judge
any material to fall into the above categories, making it unacceptable for a
members account. Upon reviewing any reports received by BACHomes.Com
regarding the members use of these services in any of the above
practices of promoting unlawful discrimination or hatred of any particular
race - any particular nationality - or any particular religion, BACHomes.Com
reserves the right to terminate the members account without any obligation.
Miscellaneous.
This Agreement shall be treated as though it were executed and performed in the
State of Maryland and shall be governed by and construed in accordance
with the laws of the State of Maryland (without regard to conflict of law
principles). Any cause of action by you with respect to the Site (and/or any
information, products or services related thereto) must be instituted within one
(1) year after the cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section 8 and Section
10. The language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against either party. All legal proceedings arising out
of or in connection with this Agreement shall be brought solely in Jarrettsville,
Maryland. You expressly submit to the exclusive
jurisdiction of said courts and consents to extra-territorial service of
process. Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that anything in
or associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision.
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