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Terms and Conditions

The use of this website and services on this website provided by Home Builders Research, Inc. (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by referencehere. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred toas "Website") and any services provided by or on this Website ("Services").

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makesthe Website, and certain Services on it, available to users. Home Builders Research, Inc., Company,Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as allemployees and affiliates of the Company.

b) You, the User, the Client: You, as the user of the Website, will be referred to throughout thisAgreement with second-person pronouns such as You, Your, Yours, or as User or Client.

c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to asParties.

2) ASSENT & ACCEPTANCE

By using the Website, You warrant that You have read and reviewed this Agreement and that You agreeto be bound by it. If You do not agree to be bound by this Agreement, please leave the Websiteimmediately. The Company only agrees to provide use of this Website and Services to You if You assentto this Agreement.

3) LICENSE TO USE WEBSITE

The Company may provide You with certain information as a result of Your use of the Website orServices. Such information may include, but is not limited to, documentation, data, or informationdeveloped by the Company, and other materials which may assist in Your use of the Website or Services("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited,non-transferable and revocable license to use the Company Materials solely in connection with Your useof the Website and Services. The Company Materials may not be used for any other purpose, and thislicense terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

4) INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by the Company are the property of the Company,including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("CompanyIP"). You agree that the Company owns all right, title and interest in and to the Company IP and that Youwill not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce ordistribute the Company IP in any way, including electronically or via registration of any new trademarks,trade names, service marks or Uniform Resource Locators (URLs), without express written permissionfrom the Company.

5) USER OBLIGATIONS

As a user of the Website or Services, You may be asked to register with Us. When You do so, You willchoose a user identifier, which may be Your email address or another term, as well as a password. Youmay also provide personal information, including, but not limited to, Your name. You are responsible forensuring the accuracy of this information. This identifying information will enable You to use the Websiteand Services. You must not share such identifying information with any third party, and if You discoverthat Your identifying information has been compromised, You agree to notify Us immediately in writing.Email notification will suffice. You are responsible for maintaining the safety and security of Youridentifying information as well as keeping Us apprised of any changes to Your identifying information.Providing false or inaccurate information, or using the Website or Services to further fraud or unlawfulactivity is grounds for immediate termination of this Agreement.

6) ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited underthis clause. You agree not to use the Website or Services in any way that could damage the Website,Services, or general business of the Company.

a) You further agree not to use the Website or Services:

I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;

II) To violate any intellectual property rights of the Company or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that maydamage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towardsany group;

VIII) To unlawfully gather information about others.

7) PRIVACY INFORMATION

Through Your Use of the Website and Services, You may provide Us with certain information. By usingthe Website or the Services, You authorize the Company to use Your information in the United States andany other country where We may operate.

a) Information We May Collect or Receive: When You register for an account, You provide Us with

a valid email address and may provide Us with additional information, such as Your name or billinginformation. Depending on how You use Our Website or Services, We may also receive informationfrom external applications that You use to access Our Website, or We may receive informationthrough various web technologies, such as cookies, log files, clear gifs, web beacons or others.

b) How We Use Information: We use the information gathered from You to ensure Your continuedgood experience on Our website, including through email communication. We may also track certainaspects of the passive information received to improve Our marketing and analytics, and for this, Wemay work with third-party providers.

c) How You Can Protect Your Information: If You would like to disable Our access to any passiveinformation We receive from the use of various technologies, You may choose to disable cookies inYour web browser. Please be aware that the Company will still receive information about You thatYou have provided, such as Your email address. If You choose to terminate Your account, theCompany will store information about You for the following number of days: 365. After that time, itwill be deleted.

8) ASSUMPTION OF RISK

The Website and Services are provided for communication purposes only. You acknowledge and agreethat any information posted on Our Website is not intended to be legal advice, medical advice, or financialadvice, and no fiduciary relationship has been created between You and the Company. You further agreethat Your purchase of any of the products on the Website is at Your own risk. The Company does notassume responsibility or liability for any advice or other information given on the Website.

9) SALE OF GOODS/SERVICES

The Company may sell goods or services or allow third parties to sell goods or services on the Website.The Company undertakes to be as accurate as possible with all information regarding the goods andservices, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchasesuch products at Your own risk.

10) SHIPPING/DELIVERY/RETURN POLICY

You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirmthat prices are subject to change. We reserve the right to reject or cancel an order for any reason, includingerrors or omissions in the information. You provide to Us. If We do so after payment has been processed,We will issue a refund to You in the amount of the purchase price. We also may request additionalinformation from You prior to confirming a sale, and We reserve the right to place any additionalrestrictions on the sale of any of Our products. For the sale of digital products, We will charge Your creditor debit card when the product is made available to You for digital use and/or download. For anyquestions, concerns, or disputes, You agree to contact Us in a timely manner at the following:This email address is being protected from spambots. You need JavaScript enabled to view it..

If You are unhappy with anything You have purchased on Our Website, You may do the following:Customers may email or call our offices for a refund or exchange.

11) REVERSE ENGINEERING & SECURITYYou agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;

b) Violate the security of the Website or Services through any unauthorized access, circumvention ofencryption or other security tools, data mining or interference to any host, user or network.

12) DATA LOSS

The Company does not accept responsibility for the security of Your account or content. You agree thatYour use of the Website or Services is at Your own risk.

13) INDEMNIFICATION

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Usharmless against any and all legal claims and demands, including reasonable attorney's fees, which mayarise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, orYour conduct or actions. You agree that the Company shall be able to select its own legal counsel andmay participate in its own defense, if the Company wishes.

14) SPAM POLICY

You are strictly prohibited from using the Website or any of the Company's Services for illegal spamactivities, including gathering email addresses and personal information from others or sending any masscommercial emails.

15) THIRD-PARTY LINKS & CONTENT

The Company may occasionally post links to third party websites or other services. You agree that theCompany is not responsible or liable for any loss or damage caused as a result of Your use of any thirdparty services linked to from Our Website.

16) MODIFICATION & VARIATION

The Company may, from time to time and at any time without notice to You, modify this Agreement. Youagree that the Company has the right to modify this Agreement or revise anything contained herein. Youfurther agree that all modifications to this Agreement are in full force and effect immediately upon postingon the Website and that modifications or variations will replace any prior version of this Agreement,unless prior versions are specifically referred to or incorporated into the latest modification or variation ofthis Agreement.

a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court oflaw, You agree that the prior, effective version of this Agreement shall be considered enforceable andvalid to the fullest extent.

b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top ofthis Agreement to note modifications or variations. You further agree to clear Your cache whendoing so to avoid accessing a prior version of this Agreement. You agree that Your continued use ofthe Website after any modifications to this Agreement is a manifestation of Your continued assent tothis Agreement.

c) In the event that You fail to monitor any modifications to or variations of this Agreement, Youagree that such failure shall be considered an affirmative waiver of Your right to review the modifiedAgreement.

17) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use ofthis Website. This Agreement supersedes and replaces all prior or contemporaneous agreements orunderstandings, written or oral, regarding the use of this Website.

18) SERVICE INTERRUPTIONS

The Company may need to interrupt Your access to the Website to perform maintenance or emergencyservices on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liabilityfor any damage or loss caused as a result of such downtime.

19) TERM, TERMINATION & SUSPENSION

The Company may terminate this Agreement with You at any time for any reason, with or without cause.The Company specifically reserves the right to terminate this Agreement if You violate any of the termsoutlined herein, including, but not limited to, violating the intellectual property rights of the Company or athird party, failing to comply with applicable laws or other legal obligations, and/or publishing ordistributing illegal material. If You have registered for an account with Us, You may also terminate thisAgreement at any time by contacting Us and requesting termination. At the termination of this Agreement,any provisions that would be expected to survive termination by their nature shall remain in full force andeffect.

20) NO WARRANTIES

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that anyServices provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and allexpress or implied warranties of any kind, including, but not limited to the implied warranty of fitness fora particular purpose and the implied warranty of merchantability. The Company makes no warranties thatthe Website or Services will meet Your needs or that the Website or Services will be uninterrupted, errorfree,or secure. The Company also makes no warranties as to the reliability or accuracy of any informationon the Website or obtained through the Services. You agree that any damage that may occur to You,through Your computer system, or as a result of loss of Your data from Your use of the Website orServices is Your sole responsibility and that the Company is not liable for any such damage or loss.

21) LIMITATION ON LIABILITY

The Company is not liable for any damages that may occur to You as a result of Your use of the Websiteor Services, to the fullest extent permitted by law. The maximum liability of the Company arising from orrelating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount Youpaid to the Company in the last six (6) months. This section applies to any and all claims by You,including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strictliability, fraud, or torts of any kind.

22) GENERAL PROVISIONS

a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be inthe English language.

b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website orServices, You agree that the laws of the State of Nevada shall govern any matter or dispute relatingto or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigationspecifically permitted under this Agreement is initiated, the Parties agree to submit to the personaljurisdiction of the state and federal courts of the following county: Clark County, Nevada. TheParties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rathermandatory in nature. You hereby waive the right to any objection of venue, including assertion of thedoctrine of forum non conveniens or similar doctrine.

c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of thisAgreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If thesepersonal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. Thearbitration shall be conducted in the following county: Clark County. The arbitration shall beconducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary theprovisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall bebound by applicable and governing Federal law as well as the law of the following state: Nevada.Each Party shall pay their own costs and fees. Claims necessitating arbitration under this sectioninclude, but are not limited to: contract claims, tort claims, claims based on Federal and state law,and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims bythe Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated.The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to ajury trial in regard to arbitral claims.

d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold,leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights grantedhereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights andliabilities of the Company will bind and inure to any assignees, administrators, successors, andexecutors.

e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by acourt of law or competent arbitrator, the remaining parts and sub-parts will be enforced to themaximum extent possible. In such condition, the remainder of this Agreement shall continue in fullforce.

f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall notconstitute a waiver of any future enforcement of that provision or of any other provision. Waiver ofany part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under thisAgreement are for convenience and organization, only. Headings shall not affect the meaning of anyprovisions of this Agreement.

h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or jointventure has been created between the Parties as a result of this Agreement. No Party has anyauthority to bind the other to third parties.

i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyondits reasonable control including, but not limited to, acts of God, acts of civil authorities, acts ofmilitary authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications arepermitted to both Parties under this Agreement, including e-mail or fax. For any questions orconcerns, please email Us at the following address: This email address is being protected from spambots. You need JavaScript enabled to view it..

 

We reserve the right to make changes to our Terms and Conditions.
Last change: March 31, 2019