terms of service agreement

TERMS OF SERVICE AGREEMENT

Terms of Service (“Agreement”)

   Website Disclaimer Notice

   Anti Spam Policy

   DMCA

   About Us

   Website Terms and Conditions

   Contract Terms and Conditions

   Notice Of Right To Cancel

Website Disclaimer Notice

ABOUT USING THIS WEBSITE

By using this website you are accepting all the terms of this disclaimer notice. If you do not agree with anything in this notice you should not use this website.

WARRANTIES AND LIABILITY

While every effort is made to ensure that the content of this website is accurate, the website is provided “as is” and Dr. Homes Inc. makes no representations or warranties in relation to the accuracy or completeness  of the information found on it. While the content of this site is provided in good faith, we do not warrant that the information will be kept up to date, be true and not misleading, or that this site will always (or ever) be  available for use.

We do not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats. We  recommend scanning any files before downloading.

Nothing on this website should be taken to constitute professional advice or a formal recommendation and we exclude all representations and warranties relating to the content and use of this site.

In no event will Dr. Homes Inc. be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss  of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website or  any linked websites.

LINKS TO OTHER WEBSITES AND PRODUCTS

Links to other websites are provided for the convenience of users. We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or  effectiveness of any products provided through external websites. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites. 

LAW AND JURISDICTION

This disclaimer notice shall be interpreted and governed by US law, and any disputes in relation to it are subject to the jurisdiction of the courts in San Diego, California, United States of America.

VARIATIONS

We reserve the right to revise and amend this disclaimer notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.

Anti Spam Policy

This statement applies to Dr. Homes websites and services that display or link to this notice (“Services”). Dr. Homes prohibits the use of the Services in any manner associated with the transmission, distribution or  delivery of any unsolicited bulk or unsolicited commercial e-mail (“Spam”). You may not use any services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of Dr. Homes Services  or customers.

In addition, e-mail sent, or caused to be sent, to or through the Services may not:

 1. Use or contain invalid or forged headers

2. Use or contain invalid or non-existent domain names

3. Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path

4. Use other means of deceptive addressing

5. Use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party

6. Contain false or misleading information in the subject line or otherwise contain false or misleading content

7. Fail to comply with additional technical standards described below or

8. Otherwise violate the applicable Terms of Use for the Services. Dr. Homes does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the Services. Dr. Homes does not permit or authorize others to use the Services to collect,  compile or obtain any information about Dr. Homes customers or subscribers, including but not limited to subscriber email addresses, which are Dr. Homes confidential and proprietary information. 

Use of the Services is also subject to the applicable Privacy Statement and Terms of Use. 

Dr. Homes does not permit or authorize any attempt to use the Services in a manner that could damage, disable, overburden or impair any aspect of any of the Services, or that could interfere with any other  party’s use and enjoyment of any Service. If Dr. Homes believes that unauthorized or improper use is being made of any Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate,  including blocking messages from a particular internet domain, mail server or IP address. 

Dr. Homes may immediately terminate any account on any Service, which it determines, in its sole discretion, is transmitting or is otherwise connected with any email that violates this policy. 

Nothing in this policy is intended to grant any right to transmit or send email to, or through, the Services. Failure to enforce this policy in every instance does not amount to a waiver of Dr. Homes rights.  Unauthorized use of the Services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties  against the sender and those assisting the sender.

DMCA

First of all, if you believe we violated your own or someone else’s copyright, please get in touch with us here. Dr. Homes Inc. respects the intellectual property of others. If you believe that your work has been  copied in a way that constitutes copyright infringement, please follow our Notice and Procedures for Making  Claims of Copyright Infringement below.

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act

 If you believe that you hold a claim of copyright infringement against Dr. Homes Inc., submit notice of your claim to the following Designated Agent:

Service Provider: Dr. Homes Inc.

Email Address to Which Notification Should Be Sent: remodel@drhomes.com

To be effective, the notification of your claim of copyright infringement should be written and should include the following:

 A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed. A statement, under penalty of perjury, that the information in the notification is accurate. Your signature. (The signature may be electronic.) 

The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed  works.)

Identification of the material that you claim to be infringing and information reasonably sufficient to permit Dr. Homes Inc. to locate the material.

Information reasonably sufficient to permit Dr. Homes Inc. to contact you, including your address, telephone number, fax number and, if available, an electronic mail address. You can provide contact  information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner. 

A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Dr. Homes Inc. will respond to any DMCA complaints in a timely manner. Should you be the copyright holder of a specific piece of content featured on our pages without your permission, Dr. Homes Inc. will  remove it in a timely manner once notified.

About Us

This website is owned and operated by Dr. Homes Inc. – Contact Us

Website Terms and Conditions

INTRODUCTION

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages  within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and  conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

INTELLECTUAL PROPERTY RIGHTS

Other than content you own, which you may have opted to include on this Website, under these Terms, Dr. Homes and/or its licensors own all rights to the intellectual property and material contained in this Website,  and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

ACCEPTANCE OF TERMS OF USE AND AMENDMENTS

Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on  this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site’s  Privacy policy, which is incorporated within these Terms of use by reference.

THE SITE EDITOR’S SERVICE

This website and the services provided to you on and via this web site are provided on an “AS IS” basis. You agree that the site editor reserves the right to modify or discontinue provision of this web site and its  services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Dr. Homes Inc. and the site editor will not be held responsible or liable  for timeliness, removal of information, failure to store information, inaccuracy of information, or improper

delivery of information.

YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS

In order to use this website or certain parts of it, you may be required to register for a user account or fill in your personal information on this web site; in this case, you agree to provide truthful information when  requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site’s Terms of use, including any amendments made by the site editor that are published herein.

PRIVACY POLICY 

Registration data and other personally identifiable information that the site may collect is subject to the terms of the Dr. Homes site editor’s Privacy policy

REGISTRATION AND PASSWORD 

You are expressly and emphatically restricted from all of the following: 

 1. Publishing any Website material in any media; 

2. Selling, sub-licensing and/or otherwise commercializing any Website material; 

3. Publicly performing and/or showing any Website material;

4. Using this Website in any way that is, or may be, damaging to this Website;

5. Using this Website in any way that impacts user access to this Website;

6. Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

7. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

8. Using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Dr. Homes may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. You are responsible for  maintaining the confidentiality of your information and password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to  immediately notify the site editor of any unauthorized use of your data, user account, user name or password.

YOUR CONDUCT

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be  under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive.  The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene;  offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving  rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes,  or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor’s prior written consent;

(e) you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or  international law, including — but not limited to — laws relating to copyrights, trademarks,  patents, or trade secrets.

SUBMISSION OF CONTENT ON THIS WEBSITE

By providing any data content to Dr. Homes Inc. and this website:

(a) you agree to grant Dr. Homes Inc. and the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify,  adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology  already known at the time of provision or developed subsequently;

(b) you warrant and represent that Dr. Homes Inc. have all legal, moral, and other rights that may be necessary to grant the site editor the license specified in this section;

(c) you acknowledge and agree that the site editor will have the right (but not obligation), at the site editor’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any  time and for any reason, with or without notice.

THIRD-PARTY SERVICES

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed  by the policies and representations made by these third parties. Dr. Homes Inc. and the site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Dr. Homes Inc., the site editor and the site editor’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent  contractors, advertisers, partners, and co-branders, from and against any and all claims, damages, costs and expenses including attorneys’ fees, arising out of your conduct or connection with this Dr. Homes  website or Dr. Homes Inc. services, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS DR. HOMES WEBSITE AND OF ANY DR. HOMES SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES  AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND DR. HOMES AND THE SITE EDITOR  EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS,  INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR  EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE  PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER  INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND  THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DR. HOMES INC. AND THE SITE EDITOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF  PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DR. HOMES INC. AND THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING  FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF  OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION  ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY  THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

RESERVATION OF RIGHTS

Dr. Homes Inc. and the site editor reserves all of the site editor’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may  have in respect of this web site, its content, and goods and services that may be provided. The use of Dr. Homes Inc. and the site editor’s rights. and property requires the site editor’s prior written consent. By  making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this website or provided services without  Dr. Homes Inc. and the site editor’s prior written consent. 

NOTIFICATION OF COPYRIGHT INFRINGEMENT

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site editor’s copyright agent may be  contacted via e-mail at: remodel@drhomes.com

APPLICABLE LAW

You agree that these Terms of Use and Terms and Conditions and any dispute arising out of your use of this website or products or services provided will be governed by and construed in accordance with local  laws applicable in San Diego, CA USA, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By using this DrHomes.com website and the services it  provides, you accept that jurisdiction is granted to the courts having jurisdiction over San Diego, CA USA, and that any disputes will be heard by the said courts. 

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Dr. Homes other rights under these terms and conditions, if you breach these terms and conditions in any way, Dr. Homes may take such action as Dr. Homes deems appropriate to deal with  the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service  provider to request that they block your access to the website and/or bringing court proceedings against you

MISCELLANEOUS INFORMATION

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the  parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered  to be a waiver of that party’s right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this website or its services must be filed within one (1) year after such  claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary regislation; (iv) Dr. Homes Inc. and the site editor may assign the site editor’s rights and obligations under  these Terms of use; in this event, Dr. Homes Inc. and the site editor will be relieved of any further obligation.

ASSIGNMENT

Neither party may transfer, sub-contract or otherwise assign obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or assign your rights  and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or  unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Dr. Homes Inc. and you in relation to your use of this Website, and supersede all prior  agreements and understandings with respect to the same.

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