Terms and Conditions
Welcome to victoryhomesli.com (the "Site"). Please read these Terms
and Conditions carefully. If you are unwilling to accept the terms and conditions
herein, please do not use the Site. By using the Site, you are agreeing to abide
and be bound by the following Terms and Conditions ("Terms").
1. Use of Site Content
- Content, including but not limited to text, software, music, sound, photographs,
trademarks, service marks, logos, video, graphics or other material contained on
this Site or presented to you through this Site ("Content"), is protected by copyright,
trademarks, service marks, Site marks, patents or other proprietary agreements and
laws (collectively, "Intellectual Property Rights"). You are only permitted to use
Content as expressly authorized herein or in writing by the Site owner ("Company").
These Terms do not transfer any right, title, or interest in the Site or the Content
to you, and Company and its third party advertisers and affiliates retain all of
its and their respective right, title and interest to the Site and Content.
- Except as provided in these Terms, you may not use, download, upload, copy, modify,
print, display, perform, reproduce, publish, license, rent, lease, loan, sell, assign,
post, transmit, distribute, reverse engineer, create derivative works from, or otherwise
exploit any Content or information from the Site, in whole or in part, including
without limitation by way of framing or hyper-linking, without Company's permission.
Requests for such permission should be made to [email protected],
and/or 3939 Merrick Road, Seaford, NY 11783, United States
- Except as expressly provided in these Terms, nothing contained in these Terms or
on the Site shall be construed as conferring any other license or right, expressly,
by implication, by estoppel or otherwise, under any of our Intellectual Property
Rights or under any third party's Intellectual Property Rights. All rights not expressly
granted herein are reserved.
2. General This Site is not affiliated with, endorsed by, authorized by, or associated
in any way with any government (whether federal or state), government agency, military,
or country. The Site and Content have been prepared for general information purposes
only. By using this Site, you expressly agree that any such use is solely for personal,
non-commercial use. The Site provides links to other websites and access to content,
products and services of third parties, including without limitation, Company's
third party advertisers, affiliates and strategic partners ("Third Party Sites").
You should refer to the separate terms of use, privacy policies, and other rules
posted on Third Party Sites before you use them. Company is not responsible for
and expressly disclaims responsibility for (a) the availability of, or content provided
on, Third Party Sites; (b) third party content accessible through the Site, including
opinions, advice, or statements (and you understand that you bear all risks associated
with the use of such content); (c) any loss or damage of any sort you may incur
from dealing with any third party; or (d) your dealings with any third parties found
on or through the Site, including your participation in promotions, the payment
for and delivery of goods if any, and any terms, conditions, warranties, or representations
associated with such dealings. Company's inclusion of a link to a Third Party Site
does not imply that Company endorses the Third Party Site or any content or statements
made therein, or vice versa. You are under no obligation to transact business with
any of the Third Party Sites.
3. Prohibited Use of the Site You may not:
- Send unsolicited commercial email to the email addresses provided on the Site;
- Delete, modify or attempt to change or alter any of the Content on the Site;
- Use any device, software or routine that interferes with the proper functioning
of the Site or servers or networks connected to the Site, or take any other action
that interferes with another's use of the Site;
- Use the Site or the Content, intentionally or unintentionally, in any manner inconsistent
with or in violation of any applicable laws or regulations or in violation of the
rules of any other website providers, websites, chat rooms or the like, including,
without limitation, laws regarding import/export of technical data by virtue of
your online transmission;
- Use any "robot," "spider" or other automatic or manual device or process for the
purpose of compiling information on the Site for purposes other than for a generally
available search engine; or
- Use any Company name, service marks, or trademarks without prior written consent,
including as metatags or hidden text.
4. Not Legal Advice The Content on the Site is intended to provide information only
and is not legal advice of Company. Any opinions expressed through Content on the
Site are the opinions of the particular author and may not reflect the opinions
of Company.
5. Modifications to Terms Company may change these Terms from time to time, without
prior notice, by posting the modified Terms on the Site, which may be accessed by
clicking the "Terms and Conditions" link at the bottom of the homepage. Your continued
use of this Site following any changes to the Terms constitutes your acceptance
of those changes. If you object to any provision of these Terms or any subsequent
modification, or become dissatisfied with the Site in any way, your sole recourse
is to immediately terminate your use of the Site.
6. Termination and Modification Company reserves the right to modify or terminate
these Terms or your access to the Site (or portions of the Site), temporarily or
permanently, with or without notice to you, and is not obligated to support or update
the Site. These Terms shall survive termination of these Terms or your right to
access to the Site. You acknowledge and agree that Company shall not be liable to
you or any third party in the event that it exercises its right to modify or terminate
access to the Site (or portions of the Site). Unless explicitly stated otherwise,
any new features that augment or enhance the current Site will be subject to these
Terms.
7. Privacy Company will treat any information it collects from you in accordance
with its Privacy Policy, which is incorporated by reference herein.
8. Copyright Infringement In accordance with the Digital Millennium Copyright Act
("DMCA"), http://lcweb.loc.gov/copyright/, Company has designated an agent to receive
notifications of alleged copyright infringement associated with the Site. Company
will, upon receiving proper notice as set forth below, use commercially reasonable
efforts to remove or disable access to any such material as set forth in the DMCA.
If you believe that your copyrighted work or the copyrighted work of another party
is being infringed, please notify our copyright agent: [email protected],
and/or 3939 Merrick Road, Seaford, NY 11783, United States. When notifying
Company of the alleged copyright infringement, please include all of the following
information:
- A physical or electronic signature of a person authorized to act on behalf of the
copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information
reasonably sufficient to locate the material;
- Information reasonably sufficient to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that the use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
- If material is believed in good faith by Company to infringe a copyright or otherwise
violate any intellectual property rights, Company will remove or disable access
to any such material. If you believe that a notice of copyright infringement has
been wrongly filed against you and you would like to submit a counter-notification,
you may file a Counter-Notification in Response to Claim of Copyright Infringement
with Company's copyright agent, identified above. You may want to seek independent
legal counsel before filing a notification or counter-notification.
- Disclaimer To the fullest extent permissible pursuant to applicable law, the site
and all content, materials, information, products and services provided on the site,
are provided on an "AS IS" and "AS AVAILABLE" basis. Company expressly disclaims
all warranties of any kind, whether expressed or implied, including, but not limited
to, the implied warranties of merchantability, fitness for a particular purpose,
title, non-infringement, integration, non-interference with enjoyment, and security
and accuracy, as well as all warranties arising by usage of trade, course of dealing,
or course of performance. Company makes no warranty, and expressly disclaims any
obligation, that: (A) The site will meet your requirements or will be available
on an uninterrupted, timely, secure, or error-free basic; (B) The content will be
up-to-date, complete, comprehensive, accurate or applicable to your circumstances;
(C) The results that may be obtained from the use of the site or any services offered
through the site will be accurate or reliable; (D) The quality of any products,
services, information, or other material obtained by you through the site will meet
your expectations; or (E) That defects, if any, will be corrected. You understand
and agree that any content, material and/or data downloaded or otherwise obtained
through the use of the site us used at your own risk and that you will be solely
responsible for any damage to your computer system or loss of data that results
from the download of such content, material and/or data.
- Limitation of Liability In no event shall Company be liable for any direct, indirect,
incidental, special, punitive, or consequential damages, or damages for cost of
procurement of substitute services, loss of profits, revenue, data, goodwill, or
use, incurred by you or any third party, whether in an action in contract or tort
(including negligence and strict liability), arising from your access to or inability
to access, or use of, the site or any services provided in connection with the site,
or otherwise resulting from: (1) The cost of procurement of substitute services,
goods, or websites, (2) Unauthorized access to or alteration of your transmissions
or data, (3) The statements or conduct of any third party on the site, or (4) Any
other matter relating to the site, even if company was advised that such damages
were likely not possible. This limitation on liability applies to, but is not limited
to, the transmission of any disabling device or viruses which may infect your equipment
or system, failure of mechanical or electronic equipment or communication lines,
telephone or other interconnect problems, unauthorized access, theft, bodily injury,
property damage, operator errors, strikes or other labor problems or any force majeure.
Some jurisdictions do not allow certain limitations or exclusions of liability in
some circumstances. Accordingly, some of the foregoing limitations may not apply
to you.
- Indemnity You agree to indemnify, defend and hold harmless Company, its affiliates,
shareholders, directors, officers, co-branders, subsidiaries, parents, employees
and agents, from any claim, demand, liability, dispute, damage, cost, expense, or
loss, including reasonable attorneys' fees and costs of litigation, arising out
of, or in any way connected with your use of or access to the Site, your use of
the Content, your linking to the Site or your violation of these Terms.
- Governing Law and Dispute Resolution These Terms shall be governed by the laws of
the state of California without regard to its choice of law rules. You consent to
personal jurisdiction by the state and federal courts located in Los Angeles County,
California. Any dispute arising out of or in connection with these Terms or your
use of any Content or this Site or your access to or links to this Site, shall be
resolved by binding arbitration before a neutral arbitrator administered by JAMS
in Charlotte, NC, in accordance with its applicable arbitration rules, as then in
effect.
- General If any provision of these Terms is found by a court or arbitrator to be
invalid, the parties agree that the court or arbitrator should give effect to the
parties' intentions as reflected in the provision, and the other provisions of the
Terms will remain in effect. Company's failure to act with respect to a breach by
any person using the Site does not constitute a waiver of its right to act with
respect to subsequent or similar breaches. Company may assign its rights and duties
under these Terms without such assignment being considered a change to the Terms
and without notice to you. You may not assign these Terms without the prior written
consent of Company. These Terms, the Privacy Policy, any operating rules, policies,
or procedures that may be posted from time to time by Company on the Site, and any
modifications to the foregoing, constitute the entire agreement between the parties
with regard to the subject matter in these Terms and supersede all prior understandings
and agreements, whether written or oral, as to such subject matter. Nothing contained
in these Terms will be deemed to constitute either party as the agent or representative
of the other party, or both parties as joint venturers or partners for any purpose.
- Limitation of Actions You agree that any claim or cause of action arising out of
your use of the Site or these Terms must be filed within one year after such claim
or cause of action arose or it shall forever be barred, notwithstanding any statute
of limitations or other law to the contrary. Within this period, any failure by
Company to enforce or exercise any provision of these Terms or related right shall
not constitute a waiver of that right or provision.
- Acknowledgment You acknowledge (a) that you have read and understood these Terms;
and (b) that these Terms have the same force and effect as a signed agreement.
- This arbitration agreement includes claims related to our clients, vendors, and Marketing Partners, which are third party beneficiaries of this arbitration agreement
- Contact Information If you have any questions regarding these Terms or the Site,
please contact Company at:
victoryhomesli.com
3939 Merrick Road
Seaford, NY 11783
United States
