IMPORTANT-PLEASE READ CAREFULLY.
EX² Solutions is pleased to give you access to our website exsquared.com, among others, along with related materials, including without limitation, user accounts, computer code, applets, client or server software, artwork, animations, sounds, musical compositions, audio-visual content, methods of operation, and any associated documentation, information or data, (collectively, the "Services"). Any access to, use, installation, or downloading of the Services is expressly conditioned on your acceptance of the binding legal agreement set forth below.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue all or any part of the Services, including, but not limited to (i) restricting the time all or any part of the Services are available, (ii) restricting the amount of use all or any part of the Services are permitted, and (iii) restricting or terminating any User's right to use all or any part of the Services, with or without notice; (b) charge fees in connection with the use all or any part of the Services; (c) modify or waive any fees charged in connection with all or any part of the Services; or (d) offer opportunities to some or all Users of all or any part of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Services, in whole or in part, or of any service, content or feature offered through the Services.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice to you. If we do this, we will make the new, modified version of this Agreement publicly available through the Services. Your continued use of the Services is subject to, and expressly conditioned on your assent to and acceptance of, any such changes. Your continued use of the Services after any such changes constitutes your assent to and acceptance of such changes to the Agreement regardless of whether you have read such changes. For this reason, we recommend that you review this Agreement every time you use the Services.
Your written approval is not a prerequisite to the validity or enforceability of this Agreement, and no solicitation of such written approval by or on behalf of EX² Solutions shall be construed as an inference to the contrary. If this Agreement is considered an offer by EX² Solutions, your acceptance is expressly limited to all of its terms and conditions. If you do not agree to abide by the current or any future version of this Agreement, you may not use the Services for any purpose. It is your responsibility to regularly check for changes to this Agreement and to review such changes.
In order to use the Services, you need Internet access. You also need equipment to access the Services, including computer, modem and other devices. You are responsible for the costs of your Internet access and the equipment needed, and EX² Solutions is not responsible for any of these costs.
Although we attempt to make sure all of the information on the Services, including but not limited to price, square footage, elevation and floorplan images, and lot size, is accurate, you acknowledge and understand that it may not be current, accurate, or complete and that EX² Solutions and its suppliers do not warrant or guarantee such accuracy. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL INFORMATION ON THE SERVICES BEFORE RELYING ON THAT INFORMATION IN ANY MANNER.
We may obtain, without notification to you, certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification. Any information that we may collect from you during your use of the Services is subject to the terms of our Privacy Notice and Policy. Accordingly, your use of the Services is also governed by our Privacy Notice and Policy, which is incorporated into this Agreement by reference. We encourage you to read and comprehend our Privacy Notice and Policy: http://www.exsquared.com/privacy-policy.
If you decide to become a registered user of the Services, you will be asked to give us additional information about yourself. During the registration process, you agree to give us true, accurate and complete information about yourself, and to promptly update this information when it changes. If you do not update it, we may suspend or terminate your use of the Services as explained below.
Account Information and Password Protection
When you register as a Member, you will be assigned your email address as your user name and you will select a password so that you can access your account with us. You agree that you will keep this information confidential. You are solely responsible for maintaining the confidentiality of your password and for all activities undertaken with your account and password. You must log off of the Services at the end of each session to prevent fraud and unauthorized use of your account or password by third parties. If you think there has been any fraudulent or unauthorized activity, you must immediately notify EX² Solutions and cooperate with us to resolve it. You understand that if you do not follow the terms of this paragraph, we may suspend or terminate your use of this Services as explained below. You understand that we are not responsible in any way, and will not be liable to you or to any third party, if you do not comply with the terms of this paragraph.
How You May Use the Services
You may use the Services only for your personal, non-commercial use. You may make a single, temporary copy of any applications that your device executes when you use the Services, but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not -- and you specifically agree that you shall not -- modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from the Services, except as set forth specifically in this Agreement. Additionally, you may not-- and you specifically agree that you shall not -- frame or mirror any part of the Services without our express prior written consent; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information, data or content transmitted through the Services; create a database by systematically downloading and storing information, data or content from the Services; intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather information, data or content from the Services or reproduce or circumvent the navigational structure or presentation of the Services.
No License Granted
Except for allowing you to use the Services for your personal, non-commercial use as set forth in the paragraph above, when you use the Services you are not receiving a license or any other rights from us, including rights in intellectual property or other proprietary rights of EX² Solutions or our licensors, whether by estoppel, implication or otherwise. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER PROPERTY EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT.
The Services are owned by EX² Solutions or its licensors and protected by applicable law, with all rights reserved. EX² Solutions takes the protection of intellectual property rights, including copyrights, very seriously. EX² Solutions, in its sole discretion, may terminate your access to, or use of, all or any part of the Services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to EX² Solutions if they have a good-faith belief that their protected works are being infringed. Please refer to the Notice and Procedure for Making Claims of Copyright Infringement for further instructions: http://www.builderhomesite.com/copyrightinfringment.html.
EX² and EX² Solutions, among others, are trademarks of EX² Solutions. Other trademarks are the property of their respective owners. References made to any trademarks, names, products, or services of any third parties, or links to any third party sites, information, data or content, are provided only as a convenience to you and do not in any way constitute or imply EX² Solutions' endorsement, sponsorship, or recommendation, or any particular third party, its information, data, content, products, or services.
Some parts of the Services may contain mature or adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist parents in limiting access to content that may be harmful to minors.
If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Services. All information that you provide to us, including billing information, contact information, and registration information must be truthful and accurate. Providing false, misleading, inaccurate, untruthful, or incomplete information constitutes a breach of this Agreement.
Your Submissions to the Services
On some parts of our Service, you may be allowed to post your comments on a given topic or you may be allowed to submit to other information, data or content such as text, photos, images, audio, video, works of authorship, or other creative materials (collectively "User Content"). If you post or submit any User Content, you represent and warrant that:
- You own the User Content inputted, submitted, displayed, or posted by you to or through the Services or otherwise have the rights to input, submit, display and post the User Content to or with the Services and to grant the license to EX² Solutions set forth in this section;
- You have not misappropriated rights from a third party for use, input, submittal, display, or posting in conjunction with the Services;
- You are entirely responsible for all User Content you upload, post, e-mail, transmit, or otherwise make available in any way by or through the Services;
- The inputting, submitting, displaying, or posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content inputted, submitted, displayed, or posted by you to or through the Services; and
- You are at least 18 years old if you are in an "adults only" area.
EX² Solutions does not claim ownership rights in your User Content. After submitting your User Content to or through the Services, you continue to retain ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. You hereby grant to EX² Solutions an irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, worldwide license to use, modify, create derivatives of, publicly perform, publicly display, reproduce, and distribute, for any purpose, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, any User Content you submit on or through the Services.
You understand that EX² Solutions is not responsible for the truth, completeness, objectivity, or usefulness of such User Content, nor do we endorse any User Content; we do not verify the identity of people using the Services, and you assume the risk of believing any User Content you read; and we do not screen, monitor, edit or review User Content before it appears on the Services. We do have the right, in our sole discretion, to monitor or remove any User Content at any time and without notice if we believe doing so will improve the Services. We can also suspend or terminate use of the Services by anyone who does not follow these Terms. Nevertheless, you understand that by using the Services, you may be exposed to User Content that may be deemed by some to be offensive, indecent, or objectionable. You agree to use the Services at your sole risk. EX² Solutions and its affiliates shall have no liability to you for any User Content that may be deemed offensive, indecent, or objectionable.
Conduct of Users
We believe that all Users benefit from basic rules regarding conduct while using any of chat room, bulletin board, e-mail, messaging or discussion areas, if any, offered as part of the Services so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Services:
- You will follow these Terms and all applicable laws;
- You will never make known or allow to be made known information relating to the Services, including passwords or any other information that could reveal or jeopardize the integrity of your account;
- You will not use the Services for, or as a part of, any criminal or tortious activity, including fraud, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- You will not use scripts, or any other automation tool to input or collect data from the Services;
- You will not interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
- You will not use the account, username, or password of another User at any time;
- You will not permit any other person to access your account;
- You will not harass, threaten or abuse other people when using the Service in any manner;
- You will not interfere with others' use of the Service or otherwise act in a way that negatively affects other users' enjoyment of the Services;
- You will not submit, e-mail, or otherwise make available any User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
- You will not use or exploit any errors in design, features which have not been documented, or "bugs" to gain access in any way that is not generally known and intentionally made available by EX² Solutions, and you will promptly report to EX² Solutions your discovery of any such errors, features or bugs;
- You will not participate in any action that results or may result in any User being deceived or defrauded in any way in connection with the Services;
- You will not attempt to harvest any usernames or e-mail addresses for any commercial use;
- You will not collect or store personal information about any other User of the Services, or otherwise stalk, repeatedly contact or harass another User;
- You will not impersonate another User or any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with EX² Solutions; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
- You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
- You will not manipulate the Services so as to hide your identity or participation in the Services (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
- You will not submit any User Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Services we provide, users' ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services;
- You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, spam, chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that specifically authorize you to do so;
- You will not use any information obtained from the Services in order to harass, abuse, or harm another person; and
- You will not use the Services in a manner inconsistent with any and all applicable laws and regulations.
Please report any violations of these guidelines to firstname.lastname@example.org.
The guidelines outlined above are only a partial list of the kind of activity that is illegal or prohibited with respect to the Services. EX2 Solutions reserves the right to monitor, police, and investigate your conduct with respect to the Services. We also reserve the right to take appropriate legal action against anyone who, in EX2 Solutions' sole discretion, violates any of these restrictions, including without limitation, reporting you to law enforcement authorities. Additionally, EX² Solutions reserves the right, in its sole discretion, to reject, refuse to post, or remove any information posted by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
You understand that your violation of any of the guidelines listed above may cause irreparable harm to EX² Solutions and may cause EX² Solutions to incur damages and liabilities, or both. You agree, therefore, that if you violate any of these guidelines, EX² Solutions has the right to seek an injunction prohibiting you from engaging in any further such violation, without the posting of any bond or other security.
Access Restrictions; Termination
We reserve the right to suspend or terminate your access to the Services for any reason at any time without giving you any notice. We may also remove any User Content that you post for any reason at any time without giving you any notice. In the event that your access to the Services is terminated, you will immediately lose access to any information that may be associated with the Services. YOU UNDERSTAND THAT EX² SOLUTIONS IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ASSOCIATED WITH THE SERVICES FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
If you breach any term or condition of this Agreement, this Agreement, including, but not limited to, the access and use rights granted above, shall terminate immediately and automatically. Additionally, you may terminate this Agreement at any time, provided that you discontinue any further use of the Services. EX² Solutions may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Services.
Upon any termination of this Agreement, your right to use the Services or any component or part thereof shall end immediately, and you shall permanently delete or destroy all copies from each computer and communications network on which you have installed or downloaded the Services, or any component or part thereof at any time. EX² Solutions' rights and your obligations under the Agreement shall survive any such termination.
Scheduled and Unscheduled Down Times
Our scheduled maintenance window is every Thursday from 1AM to 6AM Central time. However, there may be other delays and service interruptions from time to time. We apologize for any inconvenience this may cause you. If you have questions regarding this, please contact email@example.com.
You understand that you are personally responsible for your use of the Services and for all User Content provided via your account, and agree to indemnify and hold EX² Solutions, its subsidiaries, and its affiliates, and their respective officers, directors, partners, employees and agents harmless from and against any loss, damage, liability, claim, cost, expense, or demand of any kind, including attorneys' fees, that we may incur in connection with a third party claim or otherwise, in relation to your use of the EX² Solutions, your User Content, or your violation of this Agreement or the rights of any third party.
Disclaimer of Warranties
You understand that your use of the services (including any download from the services and any loss of data or other damage to your computer system you experience from using the services) is at your sole risk. you understand that the services and all information, products and other content (including third party information, products and content) included in or accessible from the SERVICES, are provided on an "as is" "where-is" and "where available" basis, and are subject to change at any time without notice to you. THE WARRANTY SET FORTH IN THIS SECTION IS EXCLUSIVE AND IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF EX² Solutions FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES PROVIDED UNDER THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, EX² Solutions EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, NON-INFRINGEMENT, OR THOSE ARISING FROM THE COURSE OF DEALING, COURSE OF TRADE, OR THOSE ARISING UNDER STATUE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND ACCORDINGLY, THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
EX² Solutions DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, THAT THE SERVICES WILL BE ERROR-FREE OR VIRUS-FREE, that the media on which the Services are provided to Users will be free of defects in material and workmanship; that known defects in material and workmanship will be corrected; that the Services will possess the functions and features contemplated by any accompanying documentation, that the Services will perform in accordance with any accompanying documentation, or that the Services will not alter, damage, or erase any computer data or computer programs. EX² Solutions does not warrant or make any representations regarding the use of or the result of the use of the Services and the content in terms of correctness, accuracy, timeliness, reliability, applicability, or otherwise. In addition to the foregoing, you agree that your use of the Services and content is at your own risk. no warranty of any kind, whether oral or written, can modify the terms of the disclaimer set forth in this document.
Any warranties granted herein are conditioned upon (1) you not being in breach of this Agreement or having any liability hereunder; (2) you giving EX² Solutions written notice of any breach of warranty provided hereunder within thirty (30) days of the time the breach becomes apparent; (3) the breach of warranty being repeatedly demonstrable; and (4) no addition to, or modification of, the Services having been undertaken by you or any third party not acting at EX² SOLUTIONS' direction.
To the maximum extent permitted by applicable law, in no event will EX² Solutions or its affiliates be liable to you (or any third party making claims through you) for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or services, unauthorized access to and tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of the services, even if EX² Solutions has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
The limitations on liability set forth herein are fundamental elements of this agreement. The parties hereby acknowledge and agree that both parties would not be able to perform hereunder on an economic basis without such limitations. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You hereby acknowledge that you are accessing and using the Services from a computer or computers not within the ownership or control of EX² Solutions. We are not responsible in any way for the computers you use to access the Services or for any damages that such computers may cause. Use of any computers to access the Services is solely at your own risk.
The Services may contain links to other websites, products or services provided by one or more third parties. Your use of such other websites, products or services may be subject to the terms and conditions by such third parties. EX² Solutions is not responsible for the practices or policies of any such third parties. Additionally, EX² Solutions is not responsible for the information, data or content associated with any third party websites, products or services and does not make any representations regarding any third party websites, products or services. Your decision to access or use any such any third party websites, products or services is entirely at your own risk.
EX² Solutions is not responsible for any incorrect or inaccurate information, data or content, inputted into, displayed through, accessed by, or otherwise associated withServices, whether the inaccuracy is caused by Users of the Services, EX² Solutions, third parties, or by any of the equipment or programming associated with or utilized in the Services. EX² Solutions takes no responsibility for information, data or content which is posted to or through the Services by third parties, nor does it take any responsibility for the products or services provided by any third party providers. We are not responsible for any damages associated with your reliance on any information, data or content associated with the Services. EX² Solutions is not responsible for the conduct, whether online or offline, of any User of the Services.
You hereby absolve and release EX² Solutions from any claim of harm resulting from any cause over which we do not have direct control, including, but not limited to, failure of electronic or mechanical equipment, software, systems, networks or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, delays in operation or transmission, theft or destruction, criminal activity, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, acts of terrorism, governmental relations, or unauthorized access to, or alteration of, any information, data, content or communications. EX² Solutions assumes no responsibility for any such harm.
U.S. Export Controls
EX² Solutions controls and operates the Services from the United States of America and makes no representation that the Services, or any other products or services, are appropriate or available for use in other locations. If you use the Services from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some aspects of the Services may be subject to export control imposed by the United States and may not be downloaded or otherwise exported or reexported: (1) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (2) to anyone in the U.S. Treasury Department's Specially Designated national list; or (3) to anyone on the U.S. Commerce Department's Table of Denial Orders. If you download or use the Services, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list. Downloading or using the Services is at your sole risk.
Furthermore, you acknowledge that certain items, which may include technology and software, made available in connection with the Services are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. You represent and warrant that you will abide by the applicable laws, rules, and regulations (including but not limited to the Export Administration Act and the Arms Export Control Act) and will not transfer, by electronic transmission or otherwise, any software, technology or other items to a foreign national or a foreign destination in violation of the law.
Disputes and Forum
Each party agrees that, with the exception of injunctive relief sought by EX² Solutions, any and all disputes relating to this Agreement or your use of the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Austin, Texas, USA. You acknowledge that your use of the Services subjects you to the jurisdiction of the United States, even if you are not a citizen, national, or resident of the United States. You hereby agree to be bound by this Disputes and Forum clause even if you are not a citizen, national, or resident of the United States.
This Agreement and all claims related to it, its execution or the performance of the parties under it, shall be governed by the laws of the State of Texas without regard to the conflicts of law principles that would result in the application of the laws of any other jurisdiction.
This Agreement constitutes the entire agreement between you and EX² Solutions regarding the use of the Services. This Agreement supersedes any prior agreement, written or oral, express or implied.
The failure of EX² Solutions to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles and headings in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void or unenforceable by a court based upon any written decree, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Any notice required under this Agreement shall be delivered by hand or courier or sent, through registered mail, return receipt requested, to:
11900 Ranch Road 620 N
Austin TX 78750-1345
All notices shall be effective upon the actual receipt of such notice by EX² Solutions.
Date of Last Revision: October 18, 2010