Terms of Use – Hometta.com


The information, data, text, architecture plans, software, music, sound, photographs, graphics, video, messages or other material presented to you (“Content”) on the website hosted at hometta.com (the “Website”) and any affiliated websites that may be contained therein are copyrighted under various law and may not be used without the written permission of Hometta (“Hometta”). Content also includes Submissions (as defined below in Section 5).


1.  LICENSE
Subject to this Terms of Use (“TOU”), Hometta grants you a limited, personal, non-transferable and non-exclusive license to access and use the Website, for the purpose of viewing and reading the Content for your own internal purposes.  You may not create any hyperlink to any Content, except you may create a hyperlink to the Website for your own internal use.

All Content is owned by Hometta and various third parties.  Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content without the written permission of Hometta or such other party that may own the Content.  Any copying, distribution, retransmission or modification of Content, whether in electronic or hard copy form, without the express prior written permission of Hometta, is strictly prohibited.  

The Content is protected by Federal Copyright Laws.  All copyright notices, title information, and other proprietary legends, must remain unobscured and unaltered on all Content and reproducible media that include such Content.  Any use, duplication, publication, sale or distribution of the Content, or any portions thereof, beyond the scope of the licenses granted by Hometta, is a breach of this Agreement, and may also be an act of copyright infringement that is subject to statutory penalties.  Copyright infringers may be required to pay actual damages caused by the infringement (which may be substantial), plus any profits made by the infringer.  Federal copyright law also allows for the recovery of statutory damages, which may be as high as $150,000 for each infringement.  Finally, the infringer may be required to pay legal fees, which could exceed the damages.

You agree not to: (i) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Content or access to the Website to others; (ii) decompile, reverse engineer, disassemble, modify, reduce the Website to human perceivable form or create derivative works based upon the Website or any part thereof; (iii) merge the Website or Content with another program or create derivative works based on the Website or Content; (iv) remove, obscure, or alter any notice of the copyright or other propriety legends on the Website or Content; (v) disable any licensing or control features of the Website; (vi) use, or allow the use of, the Website or the Content in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (vii) introduce into the Website any virus or other code or routine intended to disrupt or damage the Website, alter, damage or delete any Content, or retrieve or record information about the Website or its users; or (viii) otherwise act in a fraudulent, malicious or negligent manner when using the Website.

Content that you view prior to purchase are provided solely for evaluation purposes, so that you may determine whether you would like to purchase such Content. Notwithstanding the foregoing, Your execution of certain click-through agreements prior to payment for certain Content on the Website, including, without limitation, the click-through agreements that must be executed upon purchase of plans or subscriptions, may grant certain rights in the paid-for Content, and such agreements shall set forth your rights with respect to such paid-for Content.


2.  ACCESS TO THE WEBSITE
You are prohibited from using the Website to gain unauthorized access, directly or indirectly, to Hometta’s computer systems or a third party’s computer systems. You shall not interfere with another user’s use or enjoyment of the Website.  Hometta reserves the right, in its sole discretion, to take action that it deems appropriate for violations of this TOU, including, but not limited to, terminating your access to the Website, filing of criminal charges against you, or initiating a civil action against you. To the extent required to do so by law, Hometta will fully cooperate with any law enforcement authorities or court order requesting or directing Hometta to disclose information regarding users of the Website.

Access to the password-protected areas of this Website is strictly limited.  You may not obtain unauthorized access to the password protected areas of this Website, or to any other protected materials or information, through any means not intentionally made available to you by Hometta for your specific use.

By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) that you are at least 18 years old.   

You are solely responsible for maintaining the confidentiality and security of your user account and you accept full responsibility for any use of your user account.  Sharing your user name or password with third parties violates this TOU.   Hometta is not obligated to inquire as to the authority or propriety of any use of or action taken under your user account, and Hometta is not responsible for any loss to you that arises from such use or action.  Notify Hometta immediately of any actual or suspected loss, theft or unauthorized use of your password.

The Website is controlled and operated by Hometta from its offices within the United States of America.  Hometta makes no representation that the Content is appropriate or available for use in other locations and other countries.  Those who choose to access the Website from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable.

Any unauthorized or illegal use of any images on the Website may violate international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.  Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

3.  TERMINATION
Hometta may discontinue providing the Website, or any part thereof, with or without notice.  You acknowledge and agree that Hometta may immediately deactivate or delete any Content at any time without prior notice.  Hometta may suspend or terminate your password, your user account or other use of the Website, if you are not in compliance with this TOU or any other agreement between you and Hometta.  Hometta may terminate your password, user account and other use of the Website when you are no longer a customer, or after you are in default of payment to Hometta.  Hometta shall not be liable to you or any third-party for any termination or suspension of your access to the Website.

4.  TRADEMARKS
The trademarks, logos, and service marks or similar items (collectively the “Trademarks”) displayed on the Website are trademarks of Hometta and its affiliates. Nothing contained on the Website should be construed as granting any license or right to use any Trademark on the Website without the written permission of Hometta. Unauthorized use of the Trademarks, or any other Content is strictly prohibited.

5.  SUBMITTING CONTENT
The Website may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, data, text, software, music, sound, photographs, graphics, video, messages or other material to Hometta, the Website or others (“Submission”).  When you use the Website to provide Submissions, you grant Hometta a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Submissions (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Submission; and the right to sublicense and/or transfer any or all of these rights. You acknowledge that Hometta owns all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Submission.  Please remember that you are ultimately responsible for all of your Submissions and you warrant and represent that: (i) the Submission does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; and (ii) you have the right to grant any and all necessary rights and licenses provided herein, including, without limitation, all necessary intellectual property right and other related rights to the Submission, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Submission, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Submission, including, without limitation, any photograph you may provide.

Submissions do not reflect the views of Hometta; and we do not have any obligation to monitor, edit, or review any Submissions on the Website. We assume NO responsibility or liability arising from the content of any such Submissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Submissions on the Website.

You are strictly prohibited from submitting, posting, displaying, transmitting and/or exchanging any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  Hometta will fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of the identity of anyone posting any such information or materials.

6.  INFRINGEMENT POLICY
Hometta, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your ability to use the Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.  Hometta accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.  In addition, pursuant to 17 U.S.C. Section 512 (c), Hometta has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.  All claims of infringement must be submitted to Hometta in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A.    A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B.    Identification of the copyrighted 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. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C.    Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory 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.
D.    Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or e-mail address.
E.    A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right of owner, its agent, or the law.
F.    A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

7.  INDEMNIFICATION
You agree to indemnify, defend and release Hometta and its affiliates from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the Content, including, without limitation, any claims that if the allegations were true would constitute a breach of this TOU.

8.  LIMITATION OF LIABILITY
IN NO EVENT WILL HOMETTA OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF THE USE OF THIS WEBSITE OR THE CONTENTS HEREIN, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA.  IN NO EVENT SHALL HOMETTA’S CUMULATIVE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED $100.  Hometta also assumes no responsibility, and shall not be liable for, any damages to, or viruses, worms or similar electronic destructive items that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of anything from the Website.  THE FOREGOING IS YOUR SOLE REMEDY EVEN IF IT FAILS OF ITS ESSENTIAL PURPOSE.


9.  DISCLAIMER OF WARRANTIES
The Content is provided without any warranties or representations as to the accuracy, completeness or timeliness of such Content. Hometta assumes no liability or responsibility for any errors or omissions in the Content.  Hometta reserves the right to modify or change the Content without notice, and makes no commitment to update the Content.  Without limiting the foregoing, everything on this Website is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  FURTHER, HOMETTA MAKES NO WARRANTY THAT (i) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iii) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. 

10.  LINKS TO THIRD PARTY SITES
This Website may contain external links to other websites not affiliated with Hometta.  Such links are meant solely for the user’s convenience.  Hometta has no control over, and is not responsible for the content found on external websites.  Links to such third party websites do not constitute sponsorship, endorsement or approval of such websites or the contents thereof.  If you decide to access any third party website linked to this Website, you do so entirely at your own risk and Hometta accepts no liability for any information that may be contained within the external websites.

Hometta offers a third party resource search function that enables users to search for a local resources (e.g., a local builder).  The resource search function is provided for informational purposes only and is not an endorsement or recommendation of a resource by Hometta, and shall not be a representation or warranty made by Hometta as to the resource.  You are solely responsible for researching the quality and reputation of resource through various information sources, including, without limitation, your local Better Business Bureau (“BBB”) and your local and/or state licensing and registration agencies.

If you are a builder or other third party resource (i.e., you are offering products and/or services to the Hometta community), and you would like for Hometta to include you in the resource search function of the Website, you may submit your information to Hometta to be listed as part of the resource search functionality, and Hometta, at its sole option, may list you as a third party resource.  If you are a third party resource, You represent and warrant that you will use the Website in good faith (e.g. that you desire to build homes in accordance with plans provided by Hometta), and you further represent and warrant that you are solvent and in good standing with the applicable licensing or other regulatory agencies.

11.  PRIVACY
Information related to your use of this Website is subject to the Privacy Policy located below. The Privacy Policy is a part of this TOU and is incorporated by its reference herein

12.  MISCELLANEOUS
This TOU and the Privacy Policy constitute the entire agreement between you and Hometta and governs your use of the Website, superseding any prior agreements between you and Hometta with respect to the Website. The laws of the State of Texas and United States will apply to all matters relating to the use of this Website and you agree to submit to the exclusive personal jurisdiction and venue of the Harris County, Texas, United States or in a venue selected at the sole discretion of Hometta.  Hometta reserves the right to seek any and all remedies available at law or in equity for violations of this TOU, including the right to block access from a particular Internet address to the Website. Hometta may at any time revise this TOU by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current TOU to which you are bound.  If any of the terms and conditions of this TOU are held by any court of competent jurisdiction to contravene, or to be invalid under, the laws of any body having jurisdiction over this subject matter, that contravention or invalidity shall not invalidate the entire TOU.  Instead, this TOU shall be construed as if it did not contain the particular provision or provisions held to be invalid, the rights and obligations of the parties shall be construed and enforced accordingly, and this TOU shall remain in full force and effect.

 

 

Hometta Privacy Policy

 

1. Introduction.

(i) Welcome to Hometta.com (the “Website”), which is owned and operated by Hometta (“Hometta”) and provides services that include:
(a) an architecture plan marketplace;
(b) an architecture magazine;
(c) a resource library; and 
(d) related services provided on the Website (collectively, (a)-(d) above are the “Services”).
(ii) This Privacy Policy (“Privacy Policy”) identifies and explains the types of information we may gather from users of the Website and/or the Services (individually, a “User” and collectively, the “Users”), along with potential users and uses of that information.
(iii) Hometta reserves the right to change all or a portion of this Privacy Policy at any time with or without individual notice to you, and your continued use of the Services constitutes your binding acceptance of any such changes. Changes to the Privacy Policy shall become effective upon posting to the Website.  You may always review the most current version of our Privacy Policy by accessing the Website.
(iv) Please be advised that use of the Services are subject to and controlled by Hometta’s Terms of Service (“TOS”), which is available at the following address: http://www.hometta.com/terms-of-use/. By using the Services, you evidence your complete and unqualified acceptance of the TOS, which creates a binding contract between us with respect to your duty to comply with the TOS.  All capitalized terms used herein shall have the same meaning as defined in the TOS unless otherwise expressly defined in this Privacy Policy.


2. Information Gathered by Hometta.

(i) Hometta may gather personal information about you that is provided or transmitted by Users. We may also gather aggregated tracking information regarding overall usage of the Services, such as but not limited to tallies of page views and click-through activity and/or the number of messages sent via the Services. This information is used to help us understand how Users are using the Services.
(ii) The following are some but not necessarily all of the methods that may be used to obtain information from and about Users:
(a) Registration: Registration for an account on this Website requires a valid e-mail address, a user name that has not been chosen already, and a password. Please be aware that the user name you choose, or the e-mail address or password that you provide, may render you personally identifiable, and may possibly be displayed on the Website intentionally (depending on the way in which the Website is configured) or unintentionally (subsequent to a successful act of intrusion by a third party). We may also request your name, a postal address, additional e-mail addresses, cell and landline phone numbers, and certain demographic information, such as age and gender. Website operators, including without limitation a Website editor, may also have access to information related to Website operation, including without limitation information that is contained in server log files, such as your IP address, and cookie information.
(b) Payment:  If payment is required for any Services, Hometta will request your name, mailing address, phone number, credit card information and other information to securely process the financial transaction. We shall maintain your e-mail addresses, password and billing information in confidence. However, we will use your personally identifiable information to provide the Services, notify you of technical or billing information, or inform you of changes in the Services.
(c) Cookies: We may obtain information about you by using cookies, which are small data files transferred from a website server to the hard drive of your computer or other network device. Cookie files are commonly used to track the pages on the Website that Users visit. Additionally, we may obtain information about you by using technology that allow us to count the number of Users who have visited a particular page or component of the Website.
(d) Usage Tracking: Hometta may track usage patterns on the Website. As a result, this usage tracking generates only anonymous information. We may also gather information associated with a User’s Internet browser, such as but not limited to browser type, domain name and MIME type. Further, we may track and record “key words” entered into any search functionality on the Website.
(e) Surveys/Polls: Hometta may conduct surveys or polls among Users regarding the Website and/or the Services. We may share information obtained from the surveys and polls with third parties. For polls conducted through the Website, we may use a “tag” system to identify Users who have already voted, thus preventing multiple votes by a single User.
(f) Business Partners: Third-party advertisers on the Website may also employ technology, including without limitation cookies to evaluate traffic and other usage of their ads or other content that may appear on the Website and/or the Services, and the use of such information is controlled by the privacy policies (if any) of such third parties, and not Hometta. Accordingly, Hometta has no responsibility or liability for these independent policies or the actions of such third parties.
(g) Retention of Messages: To the extent permitted or required by applicable law, Users acknowledge and agree that Hometta may, at its sole discretion, make and preserve copies of any and all messages transmitted via the Services for internal back-up and other legal-related or business-related purposes.


3. Uses of the Information by Hometta.

(i) Information obtained by Hometta may be used internally by Hometta and its affiliated companies (“Affiliates”) to evaluate and provide the Services and the Website, and to make improvements thereto.
(ii) Affiliates are companies:
(a) in which Hometta has an ownership interest; 
(b) that have an ownership interest in Hometta;
(c) that merge or consolidate with Hometta, or result from an IPO; or
(d) that are acquired by or acquire Hometta.
(iii) Hometta reserves the right, at its sole discretion, to disclose, sell or otherwise release your personal information to any Affiliate.
(iv) Hometta may also use your personal information to facilitate suspension or termination of a User’s access to or use of the Services.
(v) Hometta reserves the right to disclose your personal information to courts, law enforcement authorities and/or other relevant third parties when such disclosure is necessary or advisable, at Hometta’s sole discretion, to bring legal action or pursue other relief when a User or third party is or may be:
(a) violating the TOS;
(b) causing injury or other harm to, or otherwise violating Hometta’s property or other legal rights, or those of other Users or third parties; or
(c) violating federal, state, local, or other applicable law.


4. Uses of Personal Information & Opt-In/Opt-Out Options.

(i) Hometta may sell, for its own account, or otherwise release, your personal information to related third parties (such as our partners, bankers and advertisers) in order for them to notify you of products and/or services that may be of interest to you, or for any other lawful purpose;
(ii) Hometta may unilaterally issue “return-receipt,” “confirmation of receipt” or similar messages to Recipients and Senders of Messages, which confirm delivery of a Message and/or alert the Sender to existing, new or up-coming features of the Services; and
(iii) Hometta may use your personal information to advise you of new or additional services offered by Hometta and/or its Affiliates; provided that all such correspondence shall alert Users of Opt-Out procedures in order to stop receiving such correspondence.

5. Security.
(i) Hometta has implemented technology and security features and policy guidelines to safeguard the privacy of e-mail messages and customer identifiable information from unauthorized access or improper use.

(ii) We use security practices and systems to protect your personal information that is retained by us, but Hometta cannot guarantee absolute or unqualified protection of this information given the open nature and resulting instability of the Internet and World Wide Web.
(iii) Accordingly, Hometta makes no representations or warranties as to the effectiveness of its security and assumes no liability for security breaches made possible by any failure in its security practices or systems, or any failure in the security of your computer equipment, your ISP or other networks and communications providers.
6. Minors.

This Website is not designated nor intended to collect information from children under the age of 13.  In addition, Hometta does not knowingly collect information from children under the age of 13.  Hometta markets our products and services exclusively to adults.  You may not use the Website or the Services if you are less than 18 years old. 
7. Privacy Policy Contact & Trademark.

Questions regarding this Privacy Policy may be addressed to us from our Contact Us or About pages.


8.  Third Party Privacy Policies. 

The Website may contain links to web sites that are provided and maintained exclusively by third parties web sites provided and maintained by third parties are not subject to this privacy policy. Please review the privacy policies on those web sites to understand their personal information handling practices. We make no representations concerning the privacy policies of these third party web sites.

 

 

Membership Terms of Use

 

This agreement (“Agreement”) sets forth the terms and conditions of a member’s (“Member”) use of the memberships that it purchases (“Memberships”) and the related information, data, text, architecture plans (including, without limitation, House Plans, Evaluation Plans, and Construction Plans as defined below), software, music, sound, photographs, graphics, video, messages or other material that are available with the purchase of a Membership (“Content”). When Member places an order for a Membership, Member must accept this Agreement before it can access the Content.

 

This Agreement also sets forth the terms and conditions for a builder or other any other third party that is accessing Content in connection with bidding or evaluating Home Plans, Evaluation Plans, and Construction Plans (as defined below) (“Builder”).

 

Hometta (“Hometta”) and designers working with Hometta (“Designers”) assume no liability for any home, portion of a home, or other structure which may be built as a result of access to Content. Member is responsible for reading and complying with the following before the start of construction.

 

Each of Hometta, Member, and Designer are separately a “party” to this Agreement, and collectively are “parties” to this Agreement.

 

A. Use of the Content

 

1. Member and/or Builder represents and warrants that he/she is at least 18 years old, and that he/she may enter into this Agreement.

 

2. ALL MEMBERSHIP PURCHASES ARE NON-REFUNDABLE.

 

3. Member and Builder acknowledge that all rights of ownership, title, and interest in the Content, and any derivative works based on the Content, remain with Hometta and the Designers. Any modifications to the Content will be considered derivative works of the Content, and any such derivative works are the sole property of Hometta and the Designers. Only Member and Builder may access Content, and Content is not transferable to a third party, except as explicitly set forth herein.

 

4. The Content is the property of Hometta, Designers, and other third parties. The Content is protected by Federal Copyright Laws. All copyright notices, title information, and other proprietary legends, must remain unobscured and unaltered on all Content and reproducible media that include such Content. Any use, duplication, publication, sale or distribution of the Content, or any portions thereof, beyond the scope of the license granted herein, is a breach of this Agreement, and may also be an act of copyright infringement that is subject to statutory penalties. Copyright infringers may be required to pay actual damages caused by the infringement (which may be substantial), plus any profits made by the infringer. Federal copyright law also allows for the recovery of statutory damages, which may be as high as $150,000 for each infringement. Finally, the infringer may be required to pay legal fees, which could exceed the damages.

 

5. Member and Builder have no license to build a house (“Home”) shown in any house plans that are available as part of a Membership (“House Plans”) until Member receives a license to build such Homes pursuant to a license agreement with Hometta and Designers, in which case, the terms and conditions of such license are set forth in the license agreement. Member’s and Builder’s ability to view House Plans, pursuant to Membership-based access, is for informational and evaluation purposes only and House Plans are not intended to be complete in all respects and details. HOUSE PLANS ARE NOT CONSTRUCTION DOCUMENTS.

 

6. Member may create “Guest” accounts that enable one or more Builders to access certain Content solely in connection with bidding and evaluation purposes. The number of Guest accounts that a Member may create may vary from time to time in the sole discretion of Hometta. Hometta, in its sole judgment may control Builders’ access to certain Content. Such control may include, without limitation, suspending or terminating a Guest account for any reason.

 

7. Purchase of a Membership may enable Member and Builder to view certain furniture and accessory (“Structure”) plans provided as part of a Membership (“Evaluation Plans”). Evaluation Plans are not to be used for construction. Furthermore, Evaluation Plans are not for sharing if such sharing is not in connection with bidding or evaluation purposes. Member and Builder may not build the Structures set forth in a Evaluation Plan until Member purchases a construction blueprint (“Construction Plan”) that corresponds to an Evaluation Plan. In consideration for purchasing a Construction Plan, Hometta and the Designers grant the Member, a non-exclusive, non-transferable, non-sublicensable license to use the Construction Plan to build a single instance of a Structure for Member’s personal non-commercial use (“License”). Member shall not sell or otherwise transfer any Structures, Evaluation Plans, or Construction Plans to a third party. The foregoing license automatically ends upon completion of the Structure, and the Construction Plans may not be used thereafter by the Member or Builder. Member may provide one or more Builders with access to an Evaluation Plan to assist the Member in bidding and evaluating the Structure, provided that Member creates a “Guest” account for the Builder, and the Builder accesses the Evaluation Plan through the “Guest Account.” All copyright notices, title information, and other proprietary legends on any copies of Evaluation Plans and Construction Plans shall remain unobscured and unaltered. The License is extended to Builders solely in connection with building the Structure on Member’s behalf, and shall automatically terminate as set forth above.

 

8. Any use or modifications to the Structure by Member or Builder, is done at its own risk. Member should have the Evaluation Plans and the Construction Plan reviewed by a local professional architect, engineer, or other qualified professional before building the Structure. The information contained within the Evaluation Plans and the Construction Plan is intended to indicate design intent and basic construction detailing. However, it is the sole responsibility of Member and Builders to provide standard construction details and practices which will result in a structurally sound finished Structure that meets professional standards of construction, and complies with applicable laws and codes.

 

9. Except for the disclosure allowed within the scope of the license granted herein, Member and Builder shall limit disclosure of the Content, and shall protect the confidentiality of the Content using at least a reasonable degree of care. Member agrees that Member’s or Builder’s threatened or actual unauthorized use of the Content or disclosure of the Content that is outside the scope of this Agreement will result in immediate and irreparable damage to Hometta and Designers for which there is no adequate remedy at law, and, in such event, Hometta and/or Designers may seek appropriate injunctive relief, without the necessity of posting bond or other security. Hometta’s and/or Designers’ pursuit of any remedy will not constitute a waiver of any other right or remedy available under this Agreement or under applicable law.

 

B. Disclaimers and Limitation of Liability

 

1. Names of materials and manufacturers referenced in Content are for informational purposes only and do not represent an endorsement or recommendation by Hometta or Designer. Such materials and manufacturers may be inappropriate or inapplicable for Member or Builder’s needs, and may not be locally available. Final selections of materials and manufacturers are the responsibility of the Member and Builder, and Hometta and Designers have no control or responsibility over such selections.

 

2. Content is meant to educate Member and Builder about home-building resources. Although portions of the Content may be provided by architects, such Content is not meant to supplant or replace professional advice. Hometta may refer Member to third party resources to assist the Member with building Structures and/or Homes. However, such references are for informational purposes only and are not an endorsement or recommendation of a third party resource by Hometta, and shall not be a representation or warranty made by Hometta as to the third party resource. Member and Builder are solely responsible for researching the quality, reputation, credentials, and licensure of a third party resource through various information sources, including, without limitation, Member’s local Better Business Bureau (“BBB”) and Member’s local and/or state licensing and registration agencies.

 

3. Neither Hometta nor Designers assume any responsibility for the Content and/or changes made to the Content by Member or Builder. Member shall defend, indemnify, and hold harmless Hometta and Designers at its own expense from and against any losses, costs or damages including, without limitation, attorneys’ fees, resulting from or in connection with any claims filed by third parties arising out of or related to any allegation of infringement or misappropriation of any patent, copyright, trademark, or trade secret of a third party in connection with modifications to the Evaluation Plan or Structure by Member or Builder.

 

4. CONTENT IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT ALLOWED BY LAW, HOMETTA AND DESIGNERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONTENT AND ANY STRUCTURES THAT ARE BUILT ACCORDING TO EVALUATION PLANS OR MODIFICATIONS THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, HOMETTA AND ITS DESIGNERS HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE CONTENT IS COMPLETE, UNAMBIGUOUS, OR SATISFIES ALL APPLICABLE BUILDING REQUIREMENTS IN LICENSEE’S APPLICABLE JURISDICTIONS; AND ANY WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, REPUTATION, AND CREDENTIALS OR LICENSURE OF THIRD PARTY RESOURCES AND/OR CONTENT PROVIDERS. ADDITIONALLY, ANY MODIFICATIONS TO EVALUATION PLANS AND/OR OF THE STRUCTURES BUILT ACCORDING TO SUCH EVALUATION PLANS VOIDS ANY WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT NOT EFFECTIVELY DISCLAIMED.

 

5. MEMBERS SHALL BE SOLELY RESPONSIBLE FOR MAINTAINING STRUCTURES, AND ENSURING THAT THE STRUCTURES ARE USED PROPERLY. MEMBERS SHALL BE SOLELY LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING FROM USE OF THE CONTENT OR STRUCTURES BY MEMBERS, BUILDER, OR ANY THIRD PARTIES. FURTHERMORE, MEMBERS AND BUILDER SHALL BE SOLELY LIABLE FOR ANY DEFECTS IN THE CONSTRUCTION OF STRUCTURES. TO THE EXTENT ALLOWABLE BY LAW, WITH ANY LIABILITY OF HOMETTA AND DESIGNERS BEING LIMITED TO THE AMOUNTS PAID BY MEMBER TO HOMETTA FOR THE MEMBERSHIP IN THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE CAUSE OF SUCH LIABILITY, LOSS OR DAMAGE.

 

C. Miscellaneous

 

1. Hometta, Member, and Builder agree to file and prosecute any cause of action pertaining to or arising from this Agreement in any court of competent jurisdiction in Harris County, Texas, or the United States District Court for the Southern District of Texas - Houston Division, and Hometta and Member consent and submit to the personal jurisdiction of and venue in such court.

 

2. If any of the terms and conditions of this Agreement are held by any court of competent jurisdiction to contravene, or to be invalid under, the laws of any political body having jurisdiction over this subject matter, that contravention or invalidity shall not invalidate the entire Agreement. Instead, this Agreement shall be construed as if it did not contain the particular provision or provisions held to be invalid, the rights and obligations of the parties shall be construed and enforced accordingly, and this Agreement shall remain in full force and effect.

 

3. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, supersedes any previous agreements or understandings between the parties concerning the subject matter hereof. Notwithstanding the foregoing, this Agreement includes any Terms of Use or Privacy Policy set forth on the Hometta website to the extent such Terms of User or Privacy Policy do not conflict with this Agreement. This Agreement may be modified or waived only by a separate writing by both parties expressly so modifying or waiving any provision of this Agreement.