Terms of Use - NAHB

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Term of Use

 

Welcome to NAHB BuilderBooks Website. The goal of this Website is to provide to the largest group of people possible access to a broad range of quality information about our publications and services. To ensure a safe, non-offensive environment for all of our users, we have established these Terms of Use. This document describes what you can expect from us, and what we expect from you.

By accessing any area of the NAHB BuilderBooks Website, users ("Users," "you," "your") agree to be legally bound and to abide by these Terms of Use.

  1. TRADEMARKS

  2. The trademarks, logos and service marks ("Marks") displayed on the NAHB BuilderBooks Website are the property of NAHB BuilderBooks and the National Association of Home Builders. All rights are reserved.



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  4. CONTENT
    1. Proprietary Rights

    2. User acknowledges that the NAHB BuilderBooks Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted where applicable as a collective work under the U.S. copyright laws, and NAHB BuilderBooks owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly permitted by NAHB BuilderBooks or otherwise stated herein. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentences or as permitted by the fair use privilege under the U.S. copyright laws (see e.g., 17 U.S.C. Section 107), Users may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.



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    4. Distribution/Uploading of Third-Party Content

    5. Except as set forth in Paragraph II a. above, Users may upload to or otherwise distribute on the NAHB BuilderBooks Website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Users will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither NAHB, its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to NAHB BuilderBooks at builderbooks@nahb.org. By submitting Content to any Website areas, including, without limitation, any User-submitted comments or forum postings, User automatically grants, or warrants that the owner of such Content has expressly granted to NAHB BuilderBooks the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the NAHB BuilderBooks Website retains any and all rights which may exist in such Content.



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    7. Third-Party Content

    8. Neither NAHB BuilderBooks nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of the NAHB BuilderBooks Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the NAHB BuilderBooks Website represents the opinions and judgments of Users not under contract with NAHB BuilderBooks. NAHB BuilderBooks neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the NAHB BuilderBooks Website by anyone other than authorized NAHB BuilderBooks employees. Under no circumstances shall NAHB BuilderBooks, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the NAHB BuilderBooks Website or through communications with its employees. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the NAHB BuilderBooks' Website.



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    10. ONLINE CONDUCT

    11. Access to and use of password protected and/or secure areas of the NAHB BuilderBooks Website is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the NAHB BuilderBooks Website may be subject to prosecution.

      If NAHB BuilderBooks is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by Users (e.g., through a forum posting or online review), NAHB BuilderBooks may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the NAHB BuilderBooks Website. NAHB BuilderBooks may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate NAHB BuilderBooks; or (iii) to protect the rights or property of NAHB BuilderBooks, its Users or Providers.

      NAHB BuilderBooks reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, NAHB BuilderBooks as a whole or in part, or any rights of NAHB BuilderBooks or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither NAHB BuilderBooks nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither NAHB BuilderBooks, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the NAHB BuilderBooks Website.



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  5. PRIVACY POLICY

  6. In accordance with the terms of the NAHB BuilderBooks' Website Privacy Policy, NAHB BuilderBooks respects the privacy of its Users.



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  8. DISCLAIMERS AND LIMITATION OF LIABILITY

  9. ALL CONTENT, PRODUCTS, AND SERVICES ON THE NAHB BUILDERBOOKS WEBSITE, OR OBTAINED FROM A WEBSITE TO WHICH THE NAHB BUILDERBOOKS WEBSITE IS LINKED (A "LINKED SITE"), ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE NAHB BUILDERBOOKS WEBSITE. YOU AGREE THAT NAHB BUILDERBOOKS, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE NAHB BUILDERBOOKS WEBSITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE NAHB BUILDERBOOKS WEBSITE OR A LINKED SITE, EVEN IF NAHB BUILDERBOOKS IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT. NAHB BUILDERBOOKS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE HIMSS WEBSITE. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED OR MADE AVAILABLE ON THE NAHB BUILDERBOOKS WEBSITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NAHB BUILDERBOOKS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE NAHB BUILDERBOOKS WEBSITE AND LINKED SITES. NAHB BUILDERBOOKS MAY MAKE IMPROVEMENTS OR CHANGES TO THE NAHB BUILDERBOOKS WEBSITE AT ANY TIME. NAHB BUILDERBOOKS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY NAHB BUILDERBOOKS WEBSITE THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS (COLLECTIVELY, "PROVIDERS"), INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE NAHB BUILDERBOOKS FROM ANY LIABILITY WITH RESPECT TO THE SAME. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.



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  11. TERMINATION OF USAGE

  12. NAHB BuilderBooks may terminate User's access, or suspend any User's access to all or part of the NAHB BuilderBooks Website, without notice, for any conduct that NAHB BuilderBooks, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider or NAHB BuilderBooks. NAHB BuilderBooks reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use.



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  14. SEVERABILITY



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  16. The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.



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  18. CHANGES TO TERMS OF USE



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  20. NAHB BuilderBooks reserves the right to revise these Terms of Use at any time and Users are deemed to be apprised of and bound by any changes to these Terms of Use.



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