By using thehomerenovator.com (Owner), you are agreeing to abide by the following "Terms of Use" (Terms). Please read the following Terms carefully, because they can affect your legal rights.
"Affiliate" means, in relation to either party hereto, any director, officer, employee, representative, agent, supplier, consultant, contractor or subcontractor of that party or an affiliate of that party, as well as any person, company or entity directly or indirectly controlling those parties through one or more intermediaries controlled by or under common control of that party.
"Computer Systems" means the computer systems on which the Owner has made the Products generally commercially available.
"Development Product" means the proprietary, including but not limited to Mini-Modules, Proprietary Software, and portions thereof, Owner computer software packages made commercially available by the Owner within the individual Countries, Regions, States Provinces, Counties, and Zones and the User Documentation.
"Do-It-Yourselfer(DIYer), Buy-It-Yourselfer(BIYer)" means a person who wishes to undertake renovations to his or her home, and includes any such person who chooses to use the Proprietary Software or modules thereof and any customer of a Supplier who chooses to use the computer station or kiosk or other facility maintained by a Supplier that permits such customer to input data including but not limited to measurements and to obtain answers to certain questions so that the DIYer/BIYer may ascertain the quantity, cost (when applicable) and, to some extent, the products and the graphic layout of the products that the DIYer/BIYer requires to complete the Home Renovation Project.
"Home Renovation Project" means any and all projects for which the DIYer/BIYer makes use of any one of the Proprietary Software's Mini-Modules for a renovation project.
"Intellectual Property Rights" shall include but is not limited to all rights derived from any and all patents, patent applications, copyrights, trademarks, trade secrets, and confidential and proprietary information relating to or useful with the Proprietary Software or modules thereof and owned by or under the control (in the sense of having the right to make the grants contained herein) of Owner.
"Mini-Modules" means the individual estimating software programs derived from or based on Proprietary Software designed for use by the DIYer/BIYer for estimating, among other things, material quantity and cost at home or at in-store location of a local material supplier.
"Owner" for the purpose of this agreement the Owner shall be a licensee all the programs used on this website including and not restricted to those that are patented or have patents pending.
"Patents" means any invention owned or acquired by Owner that is the subject of a patent granted or patent application filed and any continuations, divisions, continuations-in-part, reissues, and reexaminations filed with the United States Patent and Trademark Office, and any and all corresponding foreign patents and patent applications, and patent(s) of addition corresponding thereto. "Patents" shall also include any improvement, development, or invention resulting from User or its Affiliates use of Patents and/or Trade Secrets.
"Service(s)" means the provision by Owner of financial, marketing, and other assistance and information and data to DIYer/BIYer using the Trade Secrets, Copyrights, and Trademarks and, in the case of the DIYer/BIYer, using the Proprietary Software, via any and all electronic gateways and electronic distribution channels including, but not limited to, telephone.
"Supplier" means the supplier of material for sale to the DIYer/BIYer and supplier of the in-house location for the computer station, kiosk, or any other facility that the DIYer/BIYer uses for access to Services.
"Trademarks" means any trade name, trademark, service mark, or mark owned or used by Owner in connection with or for purposes of this Agreement.
"Trade Secrets" means, not by way of limitation, any data, information, designs, design specification, potentially patentable designs or copyrightable matter, including computer programs, and any other information which is commercially valuable to the Owner and not generally known to the public and is made available for use by DIYer/BIYer for the purposes of the Terms. "Trade Secrets" shall also include any improvement, development, or invention resulting from the DIYer/BIYer use of the patent, trade secrets, or services. "Trade Secrets" shall also include anything that would be considered a "trade secret" within the meaning of the Florida Uniform Trade Secrets Act.
"Web" means the World Wide Web, a system for accessing and viewing text, graphics, sound, and other media via the collection of computer networks known as the Internet.
"Website" means an individual site on the Web, which is used by DIYer/BIYer, for use to gain access to the Services.
Acceptance of Terms of Use
BY USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
Subject to the terms and conditions of these Terms, we hereby grant you a nonexclusive, revocable, nontransferable limited license to use the Service. If you do not agree to these Terms, you may not use the Service.
We may, in our sole discretion, amend these Terms, at any time, by posting new text within the Terms portion of the Service. Each such change shall be effective seven (7) days following such posting. Your continued use of the Service following the effectiveness of any such changes will indicate your agreement to be bound by such amended Terms of Use.
From time to time, we may supplement these Terms with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on the Service to be viewed in connection with the specific content or events and shall be identified as such. Such Additional Terms are hereby incorporated by reference into the Terms.
As the "Do-it-Yourselfer" you represent to us that you have the authority to register with the Service according to the Terms. If you are under the age of 16, you may not use the Service.
Termination or Modification of the Service.
The Users agree that we may at any time, and for any reason, modify, change, terminate or suspend any component(s) of the Service, without notice and without liability to you or any third party. We may also impose limits on certain features of the Service or restrict your or any third party's access to part or all of the Service for any reason (including, without limitation, your breach of the Terms) or no reason, without notice or penalty.
User Conduct
User warrants and agrees that, in connection with use of the Service, the User will not:
violate any applicable local, state, national, foreign or international law, statute, ordinance, rule or regulation;
impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity;
upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses, including without limitation any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right (collectively, "Rights");
interfere with or disrupt the use of the Service, nor interfere with the use of the Service by any user nor "stalk", threaten, or in any manner harass any other user;
upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any "investment opportunities" (except as may be expressly permitted by the use of the Service);
upload, post, transmit, publish, or distribute any material or information that contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Service or that of other computer systems;
use the Service in such a manner as to gain unauthorized entry or access to the computer systems of others;
upload, post, transmit, publish, link to or distribute any material or information which (1) constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law or (2) which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Service (including, but not limited to any materials or information accessible through the Service).
The Owner reserves the right to monitor, edit, disclose, refuse to post, or remove at any time and for any reason in our sole discretion, any material and content anywhere on the Service, including but not limited to bulletin boards and other forums. Notwithstanding this right, we do not and cannot review all materials posted to the Service by users and we are not responsible for any such materials posted by users.
Intellectual Property Rights
The User acknowledges that they will not acquire any Rights to any materials or information on the Service by downloading any such information or materials from the Service. The User by submitting content to the Service, including message boards, forums, contests and chat rooms, grants the Owner and his affiliates a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. The User also warrants that the holder of any Rights in such content has completely and effectively waived all such Rights and validly and irrevocably granted to the User the right to grant the license stated above.
Third Party Issues
The Service offers information and displays advertisements for products or services sold by persons not affiliated with the Owner (hereafter called the "Vendor"). The Owner presents these features to the Users for their information only. The Owner does not endorse these products and services. The Owner makes no representations or warranties regarding any such Vendor product or service, whether presented on the Service or in a separate email from the Owner or any third party to the User. All matters concerning any Vendor product or service are solely between the User and such Vendor, whether or not we may have received some form of revenue or other remuneration in connection with any such matter.
THE OWNER WILL NOT BE LIABLE TO THE USER OR ANY OTHER PARTY FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, OUT OF ANY SUCH MATTER.
The Owner may provide links to resources which are beyond the Owner's control. The Owner is not responsible for the content on the Internet or world wide web pages that is contained outside the Owner's site. When the User leaves the Service and enters a Vendor's website, or any other website, the User's rights and obligations will be governed by the agreements and policies of that website.
WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH WE MAY PROVIDE LINKS, AND THE USER HEREBY WAIVES ANY CLAIM THE USER MIGHT HAVE AGAINST THE OWNER WITH RESPECT TO SUCH SITES.
General Disclaimer of Warranties
Even though the Owner has taken great care in the information that the Owner provides, the Owner cannot guarantee the accuracy or completeness of any information on or provided in connection with the Service. It is of the utmost importance that the accuracy of the software is dependent upon the Users inputs and the results are an accurate approximation of those inputs. The information that the Owner provides is general in nature. The Owner's advice, guidance, and other information cannot anticipate the User's situation. Accordingly, the Owner provides the Service with the understanding that the User will exercise common sense and sound judgment in the use of information the Owner provides. The Owner encourages the User to seek appropriate professional advice or care for any situation or problem that the User may have.
The User in doing any Home Renovation project should ensure that the User has checked with all relevant municipal inspection agencies prior to starting the project to make sure that the project is in accordance with all building codes and municipal bylaws.
USE OF THE SERVICE IS AT THE USERS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE OWNER MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE OWNER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.THE USER EXPRESSLY AGREES TO HOLD THE OWNER HARMLESS FOR ANY PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH, OR ANY OTHER LOSS OR DAMAGE THAT MAY RESULT FROM THE USERS USE OF THE SERVICE.
No advice or information, whether oral or written, obtained by the User from the Owner or through the service, it's employees, consultants and/or experts shall create any warranty not expressly made herein.
Limitation of Liability
IN NO EVENT SHALL THE OWNER, OUR EMPLOYEES, EXPERTS, CONSULTANTS, ADVISORS, OFFICERS, DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE EQUIPMENT OR SERVICES). IN NO EVENT WILL THE OWNERS LIABILITY AND THE LIABILITY OF HIS EMPLOYEES, EXPERTS, CONSULTANTS, ADVISORS, OFFICERS, DIRECTORS, OR AFFILIATES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES OR THE USERS' USE THEREOF, HOWEVER ARISING, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED TWENTY DOLLARS ($20.00), REGARDLESS OF WHETHER THE OWNER AND/OR HIS EMPLOYEES, EXPERTS, CONSULTANTS, ADVISORS, OFFICERS, DIRECTORS, OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. THESE LIMITATIONS APPLY TO ANY THIRD-PARTY CLAIMS AGAINST ANY USER. SOME JURISDICTIONS LIMIT DISCLAIMERS OF CERTAIN LIABILITIES, SO THE USER SHOULD ASCERTAIN IF THESE LIMITATIONS MAY NOT APPLY TO THEM.
Indemnification
The User agrees to indemnify and hold the Owner, subsidiaries, affiliates, consultants, advisors, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out or relating to:
Copyright
The Owner respects the rights of all copyright holders and, in this regard, the Owner has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users who post materials on the Service that infringe the rights of copyright holders. If as a User you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Robert J. Di Giacomo
T. H. Buscaglia and Associates
80 Southwest 8th Street
Suite 2100 - Brickell Bayview Center
Miami, FL 33130
Privacy Policy
Any information provided by the User or gathered by thehomerenovator.com or third parties during any visit to the Service is subject to the terms of our thehomerenovator.com, which is incorporated herein by reference. thehomerenovator.com encourages the User to periodically read our Privacy Policy.
thehomerenovator.com would like to take the time to inform our Users about the importance that we place on the information that we receive from the Users and what we do with that information and who has access to it. thehomerenovator.com has created this Privacy Statement in order to educate the User as to how we collect information, what we do with it, and what controls we have in place. Please read it carefully, and if you have any questions or concerns, please send us a comment at legal@thehomerenovator.com. Unless otherwise indicated, this Privacy Statement applies only to information collected via the thehomerenovator.com Web site, and not to any off-line activities of thehomerenovator.com or its affiliates.
Gathering and Use of Information
thehomerenovator.com collects data ("Information") from the User in different ways and in many different parts of our Web site: when the User register to use the products, use one of our many Do-It-Yourself home projects, or even if you are just surfing the site.
Registration Information
thehomerenovator.com site's registration form asks the User to give us a range of information about themselves, including name, age group, gender, zip code, email address, interests, occupation, and how you found out about our site. thehomerenovator.com uses this Information to maintain a User database. thehomerenovator.com may use this Information to contact you if we substantially change our services or policies and feel that we need to update all of our Users.
thehomerenovator.com may also analyze this Information to better understand who visits our site, so that we can better design thehomerenovator.com to serve the User more effectively. thehomerenovator.com does not plan to have a third party analyze this Information for us, but, if we do, this Privacy Statement will bind that third party. thehomerenovator.com may share the results of our analysis with advertisers in order to feature the products that will best serve your needs, but we will not share any of the User's personally identifiable Information without the User's prior consent.
In the future, thehomerenovator.com may change our registration process and ask the User if they would like to receive promotional materials. If the User were to say no, thehomerenovator.com would not share the User's registration Information with any third parties or send the User promotional materials. If the User were to agree, thehomerenovator.com would use the User's registration Information to send the User a newsletter with updates and notices concerning products, special offers and promotions from thehomerenovator.com, our sponsors and our service providers. In order to do this, thehomerenovator.com would possibly send the User's email address to our sponsors and service providers.
Do-It-Yourself Estimation Tools
thehomerenovator.com offers patented (pending) budget and cost projection tools that prompt the User for information about their home improvement project, such as room dimensions and finishing preferences. thehomerenovator.com uses the Information the User provides through its Question and Answer methods to perform complex automated tasks that will accurately estimate material quantities, provide budget material costs, locate local suppliers, also list the tool requirements for the project and finally if required by the User supply them with a list of contractors (insured and licensed (where applicable) with a budgeted cost for the home project. All this information is proprietary and is to be used by the User only.
Navigation Information/Cookies
When visiting any Web site, the User's browser sends information to the site's hosting server identifying the browser the User is using, which is the User's Internet Service Provider, the page the User last visited, and the page the User is currently visiting. thehomerenovator.com logs this Information and uses it to help diagnose problems with our server, to track user traffic patterns, and to generally administer thehomerenovator.com. thehomerenovator.com may also track and catalog the search terms that users enter in search forms, this tracking is never associated with individual users.
thehomerenovator.com make use of a standard feature of browser software called a "cookie" to that helps us recognize the Users when they visit. thehomerenovator.com stores the Users email address in a cookie file and places the file on the hard drive of the Users computer. This lets thehomerenovator.com identify the Users computer as a unique user.
Most browsers are initially set up to accept cookies. The Users can reset their browser to refuse all cookies or to indicate when a cookie is being sent. If the User disables the cookies, however, the User may find thehomerenovator.com, and many other web sites, harder to use. Cookies allow thehomerenovator.com to streamline the Users password entry process (when applicable) and customize the Users thehomerenovator.com homepage. thehomerenovator.com cookies cannot read data off the Users hard-drive.
Access to Information
thehomerenovator.com and its employees have access to the Information. thehomerenovator.com uses the Users Information for the purposes as described. thehomerenovator.com has each employee sign a Confidentiality Agreement in which the Employees are held to a very high standard of confidentiality for all Information being used by thehomerenovator.com.
thehomerenovator.com employs third-party technical service providers and consultants. For example, they may host Meta thehomerenovator.com web site, provide customer support, repair our software, or consult on security issues. thehomerenovator.com allows these third parties access to Information, but only to the extent required by their role. In all instances, the third parties are bound by our Confidentiality Agreement this Privacy Statement.
Sharing Information
The Information that is shared is that information that is generalized and not specific in nature or content. Some examples of the shared Information is about the number of people who visit our Web site or their demographic information. thehomerenovator.com does not share any personally identifiable Information with any third party without the Users written consent. The only exception to the aforementioned is if thehomerenovator.com is required to do so in order to comply with valid legal processes such as a search warrant, subpoena, statute, or court order. thehomerenovator.com may share aggregated Information with market analysts, advertisers, business partners, sponsors, and any other third parties.
If at any time thehomerenovator.com decide to sell all or any part of its assets the rights of the Users confidentiality will be part of that sale.
3rd Parties/Links
thehomerenovator.com's site contains links to other sites. Except as we have described in this Statement, the Users Information will not be shared with anyone outside thehomerenovator.com without the Users written consent. If the Users have any concerns regarding the security or privacy of links, the User should browse thehomerenovator.com links and their privacy policies. thehomerenovator.com is not responsible for the privacy practices, data collection, security or content of other Web sites.
thehomerenovator.com may supplement the Information that the User provides with Information thehomerenovator.com receives from third parties (i.e. product manufacturers or service providers). thehomerenovator.com treats any Information we receive from third parties as carefully as the Information the User provides to us directly. If the User has any questions about the privacy policies of other companies or associations, thehomerenovator.com encourages the User to contact these third parties directly.
Classified Advertisements
thehomerenovator.com may contain classified advertisements. These advertisements are one more way that thehomerenovator.com helps the User find the products and services they need. However, if and when the User responds to a classified advertisement by email the User is sending information to a third party and not to thehomerenovator.com., thehomerenovator.com cannot control the use or security of any information that the User sent to a third party.
Bulletin Boards and Chat Rooms
thehomerenovator.com contains chat rooms and public bulletin boards. Any text that the User sends to a bulletin board is immediately available to the general public. The User should exercise caution when deciding to disclose any sensitive Information. The User should never give out personal information like your name, address, phone number or social security number.
Other Important Safety Information
If the User is issued a password keep your passwords private. Treat your password as if it is your PIN Number to gain access to your bank account. Use only a screen name and/or e-mail address when chatting or sending e-mail. The User may wish to delete unknown e-mail attachments before opening them, the e-mails may contain destructive viruses. It is important to note nothing the User writes on the Web is completely private - including e-mail.
Security
Although thehomerenovator.com has implemented numerous security precautions, no security system is impenetrable. thehomerenovator.com cannot guarantee the security of our databases, nor can thehomerenovator.com guarantee that Information the User supplies will not be intercepted while being transmitted to thehomerenovator.com over the Internet.
Reviewing, Correcting or Deleting Information
The User may view and correct the User's Information within the confines of each module.
The User's Consent and Changes to the Privacy Statement
By using thehomerenovator.com., the User consents to the collection and use of the User's Information as thehomerenovator.com has outlined in this Privacy Statement and to thehomerenovator.com's "Terms of Use". If User does not agree to thehomerenovator.com policy, the User may not use thehomerenovator.com. thehomerenovator.com may change our policies at any time and without prior notice. If thehomerenovator.com decides to change this Privacy Statement, thehomerenovator.com will post the changes to this page so that the Users may be aware of our actions. The Users continued use of thehomerenovator.com following a posting of changes to this Privacy Statement will mean that the User has recognized and under the changes and accepts such changes in their total content.
Contacting thehomerenovator.com
If the User has any questions or concerns about this Privacy Statement, thehomerenovator.com, the User may contact us at: legal@thehomerenovator.com