Terms of Service
Acuff Homes - Information on Terms of Service and Use
ACCEPTANCE OF TERMS.
The services that Acuff Homes provides to you are subject to the following
without notice to you. The most current version of the TOU can be reviewed by
DESCRIPTION OF SERVICES.
Through its network of Web properties, Acuff Homes provides you with access to
a variety of resources, including developer tools, download areas, communication
forums and product information (collectively "Services"). The Services,
including any updates, enhancements, new features, and/or the addition of any
new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
We do not sell or share any information submitted on this web site.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services
("Software") is the copyrighted work of Acuff Homes and/or its suppliers. Use of
the Software is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software ("License Agreement"). An end
user will be unable to install any Software that is accompanied by or includes a
License Agreement, unless he or she first agrees to the License Agreement
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution of the
Software not in accordance with the License Agreement is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Acuff Homes HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, Acuff Homes MAY MAKE AVAILABLE AS PART OF THE SERVICES OR
IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Acuff Homes
DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES OR IN Acuff Homes SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services
for or on behalf of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted Rights. Use, duplication,
or disclosure by the U.S. Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19,
as applicable. Manufacturer is Acuff Homes Corporation.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media, and (3) no
modifications of any Documents are made. Accredited educational institutions,
such as K-12, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Documents specified above do not include the design or layout of the
Acuff Homes.com Web site or any other Acuff Homes owned, operated, licensed or
controlled site. Elements of Acuff Homes Web sites are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from any Acuff Homes Web
site may be copied or retransmitted unless expressly permitted by Acuff Homes.
Acuff Homes AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Acuff Homes
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Acuff Homes AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Acuff Homes AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB
IN NO EVENT SHALL Acuff Homes AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify Acuff Homes immediately of any unauthorized use of your account or any
other breach of security. Acuff Homes will not be liable for any loss that you may
incur as a result of someone else using your password or account, either with or
without your knowledge. However, you could be held liable for losses incurred by
Acuff Homes or another party due to someone else using your account or password.
You may not use anyone else's account at any time, without the permission of the
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Services in any manner that could damage, disable,
overburden, or impair any Acuff Homes server, or the network(s) connected to any
Acuff Homes server, or interfere with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized access to any Services, other
accounts, computer systems or networks connected to any Acuff Homes server or to
any of the Services, through hacking, password mining or any other means. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Services.
USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, photo
albums, file cabinets and/or other message or communication facilities designed
to enable you to communicate with others (each a "Communication Service" and
collectively "Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using the Communication
Services, you will not:
- Use the Communication Services in connection
with surveys, contests, pyramid schemes, chain letters, junk email,
spamming or any duplicative or unsolicited messages (commercial
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity)
- Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information.
- Upload, or otherwise make available, files that
contain images, photographs, software or other material protected
by intellectual property laws, including, by way of example, and
not as limitation, copyright or trademark laws (or by rights of
privacy or publicity) unless you own or control the rights thereto
or have received all necessary consent to do the same.
- Use any material or information, including images
or photographs, which are made available through the Services in
any manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
- Download any file posted by another user of a
Communication Service that you know, or reasonably should know,
cannot be legally reproduced, displayed, performed, and/or distributed
in such manner.
- Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other user from using
and enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading
- Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of users of
the Services or other user or usage information or any portion thereof.
Acuff Homes has no obligation to monitor the Communication
Services. However, Acuff Homes reserves the right
to review materials posted to the Communication Services and to remove any
materials in its sole discretion. Acuff Homes reserves
the right to terminate your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever.
Acuff Homes reserves the right at all times to disclose any information as
Acuff Homes deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Acuff Homes's sole
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. Acuff Homes does
not control or endorse the content, messages or information found in any
Communication Services and, therefore, Acuff Homes specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers and hosts are
not authorized Acuff Homes spokespersons, and their views do not necessarily
reflect those of Acuff Homes.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Acuff Homes OR POSTED AT ANY Acuff Homes WEB SITE.
Acuff Homes does not claim ownership
of the materials you provide to Acuff Homes (including
feedback and suggestions) or post, upload, input or submit to any Services
or its associated services for review by the general public, or by the members
of any public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are granting Acuff Homes, its affiliated companies and necessary sublicensees permission to use
your Submission in connection with the operation of their Internet businesses
(including, without limitation, all Acuff Homes Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; to publish your name in connection with your
Submission; and the right to sublicense such rights to any supplier of the
No compensation will be paid with respect to the use of your Submission, as
provided herein. Acuff Homes is under no obligation to post or use any Submission
you may provide and Acuff Homes may remove any Submission at any time in its sole
By Posting a Submission you warrant and represent that you own or otherwise
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent that (a) you
are the copyright owner of such Images, or that the copyright owner of such
Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of your
have the rights necessary to grant the licenses and sublicenses described in
has provided consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, you are
granting (a) to all members of your private community (for each such Images
available to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than a
private community), permission to use your Images in connection with the use, as
example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Images without having your
name attached to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding sentences for a
Images will terminate at the time you completely remove such Images from the
Services, provided that, such termination shall not affect any licenses granted
in connection with such Images prior to the time you completely remove such
Images. No compensation will be paid with respect to the use of your Images.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE Acuff Homes's SITE.
THE LINKED SITES ARE NOT UNDER THE CONTROL OF Acuff Homes
AND Acuff Homes IS NOT RESPONSIBLE FOR THE CONTENTS OF
ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. Acuff Homes IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
Acuff Homes IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Acuff Homes OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
Acuff Homes OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS,
NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW
PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN Acuff Homes's PRODUCTS
OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Acuff Homes. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO Acuff Homes OR ANYONE AT Acuff Homes. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT Acuff Homes MAKES NO ASSURANCES
THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE & FAQ.
© 2013 Acuff Homes. All rights reserved.
The following is provided for informational purposes only and should not be
construed as legal advice. If you need legal advice, contact a lawyer.
Copyright law protects original works, such as websites, books, music,
paintings, photos and video. A work is “original” if it contains some elements
you created and did not borrow from others. Typically, when you create an
original work, you own the copyright. As the copyright owner, you can control
how others use your work. For example, if you write a movie script, you have the
right to, and can prevent others from, copying your script, sharing it with
others (“distributing it”), making a movie or book from your script (a
“derivative work”), or publicly performing your script as a play or movie. You
also have the ability to sell or give away these rights. In other words, you
could sell the right to make a movie based on your script to a movie studio.
If you use someone else’s copyrighted materials without permission, that use
generally violates the copyright owner's exclusive rights, and is copyright
infringement. So if you create a new work and include parts of other people’s
works in it (such as an existing photo, lengthy quotes from a book or a loop
from a song), you must own or have permission to use the elements you borrow.
For example, if your script is based on an existing popular series, you should
obtain permission to use the elements you borrow from the series.
Copyright law is different from the law of personal property. If you buy a
physical object, such as a movie on DVD, you own the physical object. You do
not, however, obtain ownership of the “copyrights” (the rights to make copies,
distribute, make derivatives and publicly perform or display) in the content of
the movie. The fact that you have obtained physical possession of a DVD does not
automatically grant you the right to copy or share it.
If you make your own movie, it may include many copyrighted works in it. So,
if you decide to make a movie based on your script, you must either create all
elements of it on your own, or have permission to use the elements you borrow.
Especially keep in mind that photos or artwork hanging on the walls of your sets
and music on the soundtrack (even if you own the CD or MP3) may be copyrighted.
You should not include copyrighted works such as these in your movie without
A few other things to keep in mind are:
Just because a work does not include a copyright notice (e.g., © 2007
Acuff Homes) does not mean the work is in the public
domain. Copyright notices are generally not required for works to
be protected by copyright.
Just because a work is easily available on the internet or elsewhere
Creative Commons, that explain how works you find on the Internet may be
Just because a work is freely available, does not mean it is in the “public
domain.” Copyright is for a limited term; it does not last forever. In the
copyright context, “public domain” means the copyright term has expired. Once a
work is in the public domain, it may be freely used without permission from the
Determining the term of copyright can be complex, particularly because
copyright laws vary from country to country. Also, even if the copyright on a
work has expired, you should be careful about how you use a public domain work.
For example, a book may be in the public domain, but it might not be ok to scan
the book cover to cover and post it on the internet. This is because the
particular version of the book may contain new copyrightable material that is
not in the public domain, such as cover art or footnotes.
In limited situations, you can use copyrighted works without permission from
the copyright holder. It can be difficult to figure out whether use of
copyrighted works without permission is legal, though, because the laws in this
area are often vague and vary from country to country.
The copyright law in the United States has a doctrine called “fair use”. Fair
use provides a defense to copyright infringement in some circumstances. For
example, fair use allows documentary filmmakers to use very short clips of
copyrighted movies, music and news footage without permission from the copyright
owner. Fair use is a difficult concept because determining whether something is
a fair use involves weighing four factors. Unfortunately, weighing the fair use
factors rarely results in a clear-cut answer.
Rather than applying a fair use test, many other countries have specific
exceptions to copyright infringement. The number and type of exceptions vary by
country, but they frequently allow copyrighted materials to be used without
permission from the copyright holder for activities such as nonprofit research,
teaching, news reporting, or private study.
If you incorrectly decide that something is a fair use or falls into an
exception to copyright infringement, you could be held criminally and civilly
liable and have to pay damages. We suggest you talk to a lawyer if you have
questions regarding fair uses of copyrighted works.
What happens if you upload copyrighted materials to one of our
websites without permission?
By law, we are required to take down videos, music, photographs or other
content you upload onto a website hosted by Acuff Homes if we learn that it
infringes someone else’s copyright. If you believe that we have mistakenly taken
down content you uploaded that you own or have permission to upload, you can
also let us know that. Finally, if you upload infringing content repeatedly, we
will terminate your account and you could face criminal and civil penalties. So
please, respect other people’s copyrights.
What if my stuff is on a Acuff Homes website without my permission?
If you believe that anything on a website hosted by Acuff Homes,
Inc infringes your copyright, let us know. Just provide us with the information
requested and we will see that your copyrighted works are taken down.
Any rights not expressly granted herein are reserved
© 2013 Acuff Homes All rights reserved.
NOTICE: BY PROCEEDING TO USE THIS SERVICE, YOU ACKNOWLEDGE
YOUR AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT
AGREE WITH THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SERVICE.
Copyright Notice and Terms and Conditions
Reproduction of any of this material is strictly prohibited.
Permission to use all documents and related graphics and any other material
from this World Wide Web server is subject to the following Terms and
Terms and Conditions
Each document and other material published by Acuff Homes® on this server may contain other proprietary notices
or describe products, services, processes or technologies owned by Acuff Homes® or third parties. Nothing contained herein shall
be construed as granting to the user a license under any copyright, trademark,
or other intellectual property right of Acuff Homes®
or any third party, except for the right of use license expressly set
forth below in these terms and conditions.
Right of Use License
The displayed content information provided free of charge
or purchased through this service are provided under a nonexclusive, non-transferable
license for printing and use only by the individual who signed onto this
service, and only for that individual's personal use. The user is not
permitted to commercially exploit the information or transfer it to any
third party. Any reprinting, sublicensing, copying, modifying, publishing,
assignment, transfer, sales, or other distribution of the information
contained within is strictly prohibited without the prior written consent
of Acuff Homes®. The user shall may not copy, reverse
engineer, translate, port, modify or make derivative works of the information,
in whole or in part. The user shall not rent, disclose, publish, sell,
assign, lease, sublicense, market, or transfer the information or any
part thereof or use it in any manner not expressly authorized by this
Agreement. The user shall not derive or attempt to derive the source code
or structure of all or any portion of the information by reverse engineering,
disassembly, decompilation or any other means. The user shall not use
the information to operate a service bureau or for any other use involving
the processing of data of others. The user does not receive any, and Acuff Homes® retains all, ownership rights in the information.
The information is copyrighted and may not be copied, even if modified
or merged with other data or software. The user shall not alter or remove
any copyright notice or proprietary legend contained in or on the information.
Consent to Monitoring and Disclosure
Acuff Homes® is under no obligation
to monitor the information residing on or transmitted to this server.
However, anyone using this server agrees that Acuff Homes® may monitor the server contents periodically to (1) comply with
any necessary laws, regulations or other government requests; (2) to operate
the server properly or to protect itself and its users. Acuff Homes® reserves the right to modify, reject or eliminate any information
residing on or transmitted to its server that it, in its sole discretion,
believes is unacceptable or in violation of these terms and conditions.
Should any user of information on this server provide
Acuff Homes® with information including but not limited
to feedback, data, answers, questions, comments, suggestions, plans, ideas
or the like, such information shall be deemed to be nonconfidential and
Acuff Homes® assumes no obligation to protect such
information from disclosure. The submission of such information to Acuff Homes® shall in no way prevent the purchase, manufacture
or use of similar products, services, plans and ideas by Acuff Homes® for any purpose whatever and by such submission the user grants
to Acuff Homes® the irrevocable right to reproduce,
use, disclose and distribute the information to others without restriction
or compensation required.
Disclaimer of Liability
THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND
RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. Acuff Homes, ITS AFFILIATES AND DATA SUPPLIERS DISCLAIM ALL WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE
INFORMATION ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING,
BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Acuff Homes DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR
PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE
SERVER. IN NO EVENT SHALL Acuff Homes® BE LIABLE FOR
ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL
DAMAGES, EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION
ON THIS SERVER OR THE INTERNET GENERALLY OR ON ANY OTHER BASIS.
Any Acuff Homes® material on this
server may include technical inaccuracies or typographical errors. Acuff Homes® has the right to make changes and updates to any
information contained within this server without prior notice.
THE INFORMATION PROVIDED ON THIS SERVER IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, NO ADVICE OR INFORMATION GIVEN BY Acuff Homes, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES
SHALL CREATE ANY WARRANTY. NEITHER Acuff Homes® NOR ITS
AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET
GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
Disclaimer of Endorsement
Reference herein to any products, services, processes,
hypertext links to third parties or other information by trade name, trademark,
manufacturer, supplier or otherwise does not necessarily constitute or
imply its endorsement, sponsorship or recommendation by Acuff Homes. Product and service information are the sole responsibility
of each individual vendor. Acuff Homes® name and logo
and other trademarks and trade names may not be used in any commercial
manner without the prior written consent of Acuff Homes®.
The user is responsible for providing all software and equipment needed
to access this service.
This is the exclusive Agreement between Acuff Homes and the user regarding its subject matter. Acuff Homes shall have the right to terminate user's ability to access
this service at any time without notice. Acuff Homes
reserves the right to discontinue or modify any of the information contained
on this service, or the service, at any time. Acuff Homes shall have the right to modify these terms and conditions at any
time. The user may not assign any part of this Agreement without Acuff Homes prior written consent. This Agreement shall be governed
by the internal laws of Colorado. The user shall pay any taxes on the
information or transactions, except for those based on Acuff Homes' annual net income. If any provision of this Agreement is declared
invalid or unenforceable, the remaining provisions of this Agreement shall
remain in effect. The user agrees to comply with all applicable laws in
using this service or the information contained herein. No waiver of any
obligation or right of either party shall be effective unless in writing,
executed by the party against whom it is being enforced. Any such waiver
shall not preclude a party from exercising any other right or later exercising
the same right. Any notice under this Agreement shall be delivered by
U.S. certified mail, return receipt requested, or by overnight courier
to Acuff Homes®. These terms and conditions apply on
behalf of Acuff Homes® and all of its affiliates, employees,
suppliers, and distributors.
U.S. GOVERNMENT RESTRICTED RIGHTS
The information is provided to the user with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software--Restricted Rights
at 48 CFR 52.227-19, as applicable. Manufacturer is Acuff Homes. The information is copyright © 2013 by Acuff Homes. UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE
UNITED STATES. For purpose of any public disclosure provision under any
federal, state or local law, it is agreed that the information is trade
secret and proprietary commercial data and not subject to disclosure.
For further information relating to the legal issues contained
in these terms and conditions, question or problem reports regarding this
service, contact Acuff Homes.