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Terms of Usage ("Terms")
By using this web site (the “Web Site”), you agree to be
bound by the Terms set forth below.
Use of this Web Site
The Web Site is for the use of individuals in connection with
information distributed by Composite Building Structures, Ltd. and CBS Homes
Florida, LLC (together & separately “CBS”) only and may not be used for any
other purposes, including any other political, personal or commercial
purposes. Any improper and/or unauthorized uses of the Web Site are
prohibited and will be prosecuted. You further agree that through your use
of this Web Site, you agree to and accept the
Privacy Policy of this Web Site.
Use by Children
By using this Web Site, you represent to us that you are 18 years old or
older. CBS, its employees, officers, directors and independent contractors
will not be liable for any damages that may result from misrepresentation of
age by a user of our Web Site.
Copyright and Other Rights
CBS owns and retains all proprietary rights to all material in the Web
Site. The Web Site may contain the copyrighted material, trademarks, and
other proprietary information. The Web Site’s custom graphics and other
content may not be copied, imitated or used, in whole or in part, except as
provided for herein. You may electronically copy and print to hard copy
portions of this Web Site for the sole purpose of using materials it
contains for informational and non-commercial, personal use only. Any other
use of the materials in this Web Site—including any commercial use,
reproduction for purposes other than described above, and/or any
modification, distribution, republication, display or performance is
prohibited.
Disclaimer
THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CBS
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. CBS DOES NOT REPRESENT OR WARRANT THAT MATERIALS
IN THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT CBS
PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE. CBS DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CBS reserves the right to change any and all content
contained on this Web site at any time without notice. Reference to any
services, processes or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof by CBS.
Limitation of Liability
IN NO EVENT SHALL CBS OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR
INDEPENDENT CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS
WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE,
INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM
RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CBS OR THAT RESULTS FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR,
DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CBS’ RECORDS, PROGRAMS
OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CBS
(WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY)
ARISING OUT OF OR RELATING TO THE USE OF CBS’ WEB SITE EXCEED ANY
COMPENSATION YOU PAY, IF ANY, TO CBS FOR ACCESS TO OR USE OF THIS WEB SITE.
Third
Party Links
CBS may provide links to Web pages and content of third parties ("Third
Party Content") as a service to those interested in this information. CBS
does not monitor, nor does it have any control over, any Third Party
Content. CBS does not endorse or adopt any Third Party Content and can make
no guarantee as to its accuracy or completeness. CBS makes no
representations or warranties of any kind regarding such Third Party
Content, or any information contained therein, and undertakes no
responsibility to update or review any Third Party Content. When leaving CBS
site, you should be aware that CBS’ terms and policies no longer govern,
and, therefore, you should review the applicable terms and policies,
including privacy and data gathering practices, of that site. Users use
these links and Third Party Content contained therein at their own risk.
Severability and
Non-waiver
If any provision of these Terms of Use shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable
from these Terms of Use and shall not affect the validity and enforceability
of any remaining provisions. The failure of CBS to insist upon or enforce
strict performance of any of the provisions of these Terms of Use or to
exercise any rights or remedies under these Terms of Use will not be
construed as a waiver or relinquishment to any extent of CBS right to assert
or rely upon any such provisions, rights, or remedies in that or any other
instance; rather, the same will be and remain in full force and effect.
Indemnity
You agree to defend, indemnify and hold harmless CBS, its independent
contractors, service providers and consultants, and their respective
directors, employees and agents, from and against any third party claim,
damages, costs and expenses (including, but not limited to, reasonable
attorneys' fees) arising out of your use of this Web Site, including without
limitation any actual or threatened suit, demand, or claim made against CBS
and/or its independent contractors, service providers, or consultants.
Venue
The laws of the State of Florida will govern and construe these Terms of
Use without giving effect to any conflict of laws or provisions to the
contrary. By use of this Web Site, you irrevocably consent for any and all
disputes with CBS to the venue of state or federal courts located in the
State of Florida.
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