Acceptance of Terms of Use
Please read through these Terms of Use carefully. By accessing and/or using OAKBROOK CUSTOM HOMES’ website at OakbrookCustomHomes.com (the “Public Site”) or by otherwise accessing any content found on the Site, you are deemed to have entered into an agreement with OAKBROOK CUSTOM HOMES and to have agreed to be bound by the terms set out below.
The Site is owned and operated by OAKBROOK CUSTOM HOMES.
Intellectual Property Protection
The contents and design of the Sites and any material electronically provided to you or otherwise supplied to you in conjunction with the Sites (such contents, design and materials being collectively referred to as the “OAKBROOK CUSTOM HOMES Content”), are copyright of OAKBROOK CUSTOM HOMES and the other contributors to the Site. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the “OAKBROOK CUSTOM HOMES” name and logo or other trade names appearing on the Sites) for any reason without written permission from OAKBROOK CUSTOM HOMES or the identified owner. The software which operates the Site has been customized with proprietary content and you may not use it except as expressly allowed under these Terms of Use. You may not copy, reverse engineer, modify or otherwise deal with the software.
Use of OAKBROOK CUSTOM HOMES Content
You may retrieve and display the OAKBROOK CUSTOM HOMES Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the OAKBROOK CUSTOM HOMES Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from OAKBROOK CUSTOM HOMES:
- reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the OAKBROOK CUSTOM HOMES Content, or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the OAKBROOK CUSTOM HOMES Content (including use as part of any library, archive or similar service) without the prior written consent of OAKBROOK CUSTOM HOMES, or
- remove the copyright or trade mark notice from any copies of the OAKBROOK CUSTOM HOMES Content made under these Terms of Use.
Any use of the OAKBROOK CUSTOM HOMES Content not specifically permitted above is expressly prohibited.
Requests for permission for other uses may be sent to OAKBROOK CUSTOM HOMES, Attention: General Counsel.
Third Party Transactions
You may use the Site to purchase products or services from OAKBROOK CUSTOM HOMES‘ third party partners. In that event, your contract for such products will be with the third party partner and not with OAKBROOK CUSTOM HOMES.
Term and Termination
OAKBROOK CUSTOM HOMES may, in its discretion, terminate or suspend your access to all or part of the Sites (including any right to access and use the OAKBROOK CUSTOM HOMES Content) with cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of OAKBROOK CUSTOM HOMES provided in these Terms of Use or by law.
Changes to the Site
OAKBROOK CUSTOM HOMES reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the OAKBROOK CUSTOM HOMES Content available on the Site at any time.
Privacy Policy
The information that you provide about yourself to <> will only be used in accordance with OAKBROOK CUSTOM HOMES‘ Privacy Policy Statement.
No Warranty, Disclaimer of Liability and Indemnity
While every effort has been made to ensure the high quality and accuracy of the Site, OAKBROOK CUSTOM HOMES makes no warranty, express or implied concerning the OAKBROOK CUSTOM HOMES Content, the Site, software or products or services available through the Sites (the “Site Services”), which are provided “as is”. OAKBROOK CUSTOM HOMES expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will OAKBROOK CUSTOM HOMES, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if OAKBROOK CUSTOM HOMES has been advised of the possibility that such damages may arise. OAKBROOK CUSTOM HOMES does not guarantee the accuracy, content, or timeliness of the OAKBROOK CUSTOM HOMES Content or Site Services or that they or related systems are free from viruses or other contaminating or destructive properties.
In no event will any liability of OAKBROOK CUSTOM HOMES, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms of Use by <> exceed the amount, if any, paid by you to OAKBROOK CUSTOM HOMES in respect of the particular Site Service to which the claim relates or by way of membership dues.
Upon OAKBROOK CUSTOM HOMES‘ request, you agree to defend, indemnify and hold harmless OAKBROOK CUSTOM HOMES from any claims and expenses, including reasonable legal fees, related to any breach of these Terms of Use by you or your use of any Site Services.
Force Majeure
OAKBROOK CUSTOM HOMES, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the OAKBROOK CUSTOM HOMES Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Changes to these Terms
OAKBROOK CUSTOM HOMES may, in its discretion, change these Terms of Use (including those relating to your use of Site and/or the <> Content). When the Terms of Use are changed, OAKBROOK CUSTOM HOMES will notify you by e-mail or by publishing details of those changes by including them in these Terms of Use. If you use the Site after OAKBROOK CUSTOM HOMES has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain the OAKBROOK CUSTOM HOMES Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other websites
Parts of the Site may contain third party content. Content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. OAKBROOK CUSTOM HOMES is not responsible for any third party content. The Sites may contain links to other websites. OAKBROOK CUSTOM HOMES is not responsible for the availability of these websites or their contents.
Assignment of Agreement
This agreement is personal to you and your rights and obligations under these Terms of Use may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by OAKBROOK CUSTOM HOMES.
Non-Waiver
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices
Notices to OAKBROOK CUSTOM HOMES must be given in writing by letter and sent to OAKBROOK CUSTOM HOMES’ last known place of business in Marco Island, FL (for the attention of the General Counsel).
Severability/Survival/Statute of Limitations
If any provision of these Terms of Use is invalid or unenforceable, such will not render all the Terms of Use unenforceable or invalid but rather the Terms of Use will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Marco Island, Florida, USA, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms of Use shall not apply.
Headings
Headings in these Terms of Use are for convenience only and have no legal meaning or effect.
Governing Law and Jurisdiction
These Terms of Use shall be governed by, and construed in accordance with, the law of the State of Florida. The parties irrevocably agree that the courts of Florida shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the <> courts.
For the exclusive benefit of OAKBROOK CUSTOM HOMES, OAKBROOK CUSTOM HOMES shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms of Use are entered into in the course of your trade or profession, the country of your principal place of business.