CentexUSA's Conditions Of Use

APPLICATION OF THESE CONDITIONS - You must read and agree to these conditions before making any other use of this Site. If you do not agree to these conditions, you must not use the Site. By making any use of the Site, you thereby accept and agree to be bound by these conditions.

Definitions

“Site” means any part of this and any other web Site operated by or on behalf of us;

“use” includes access to or use or attempted access to or use of any part of the Site;

“we”, “us” and “our” means CentexUSA and includes its officers, employees, agents, contractors and contributors of the Site content.

“you” means any person who uses the Site.

Copyright & limited right to use materials

We or third parties own and retain the copyright and other intellectual property rights in the materials found at the Site, including, without limitation, web pages, HTML, software, documents, text, designs, graphics, audio and video. Unless otherwise expressly stipulated by us, you may only use the Site for your personal use and may only print or make an electronic copy of information available on the Site for that purpose. You must not sell or otherwise commercially exploit any information made available at the Site. You must ensure that all copyright notices are retained in any material copied from the Site. Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from the Site in whole or in part without our prior written permission. If you breach any of these conditions, then (without limiting your other liabilities) your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials.

By submitting any material to the Site or to us in connection with your use of the Site, you thereby assign all intellectual property rights in that material to us. You must not submit material to the Site if a third party has any intellectual property rights in that material without the prior consent of that third party.

Third party content

The Site may include content or references supplied by users or other third parties (“third party material”). We do not monitor or accept liability for third party content. Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third party material. We make no representation and give no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of the content of any third party content provider or the identity, knowledge or qualifications of any third party content provider. Your access to and reliance on third party content is entirely at your own risk.

References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its sponsorship, endorsement, or recommendation by us, and such references shall not be used for advertising or product endorsement purposes.

Links to third party web Sites

Any links to third party web sites from the Site are provided solely as a convenience to you. We make no representation as to the intellectual property rights of any material available on the linked third party web sites and accept no responsibility for any broken or redirected links. The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web Site or its content. We do not review and monitor any linked third party web sites and neither we nor our contributors are responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web Site. It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third party web Site is entirely at your own risk.

Links from other sites to this Site

Other sites may only link to this Site with our prior written permission. Any site that links to this Site:

* Must link to our home page.

* Must not replicate the Site’s content.

* Must not create a browser or border environment around the Site’s content.

* Must not imply any endorsement by us.

* Must not misrepresent its relationship with us.

* Must not present false information about our products.

* Must not use our name or logos without our prior written permission.

Inappropriate content

You acknowledge that neither we nor the hosts, operators, and developers of the Site are liable for defamatory, offensive, illegal, or inappropriate content available at the Site or accessed from the Site and that the risk of injury from such content rests entirely with you.

You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material containing a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.

Viruses

We cannot and do not guarantee or warrant that any files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.

Security & availability

There are many inherent risks involved in operating a web Site and transmitting information over the Internet. Unauthorized access and faults in computer systems and networks can and do occur which may result in the interception, unauthorized access, corruption, alteration, non–delivery, incorrect delivery or loss of information transmitted over the Internet. Consequently, we are unable to warrant that the Site will be free from such risks or that your use of the Site will be uninterrupted or error free.

Warranties/accuracy of data

We do not attempt to exclude any conditions, warranties, rights, or remedies that you may have pursuant to the law to the extent that those rights and remedies cannot be excluded by agreement (“non–excludable rights”). The information provided on this Site is supplied on an “as is” basis. Subject to any non–excludable rights, all express or implied conditions or warranties of any kind (including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non–infringement of proprietary rights) are excluded.

Although information has been produced and processed from sources believed to be reliable, subject to any non–excludable rights no warranty expressed or implied is made regarding the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information.

Liability arising from use of the Site

Subject to any non–excludable rights, your use of the Site is entirely at your own risk. In no event shall we be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, or arising from your purchase or inability to purchase any goods or services promoted on the Site, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any material.

If circumstance arise where you are entitled to claim damages from us notwithstanding the provisions of these conditions (for example, pursuant to any non–excludable rights), our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at our election).

Indemnification

You must indemnify us and the hosts, operators, developers of and contributors to the Site and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor–client basis) or losses that may be made against or sustained by any of them arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the Site.

Governing law

The Site is administered by us from offices in Atlanta Georgia, USA. These conditions and your use of the Site and any disputes between you and us shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of the Site must be commenced in the appropriate court in the State of Georgia. You are solely responsible for ensuring that your use of the Site is not prohibited and complies with your local laws.

Severance

If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.

Changes to Site content and access rights

We may modify the content, nature, or accessibility of the Site as and when we see fit. These conditions will continue to apply even if you cease to be permitted or able to use the Site.

Revision of these conditions

We may revise these conditions at any time by updating this web page. You are bound by such revisions and should therefore regularly revisit this page to review the current conditions by which you are bound. Your continued use of the Site after a revision of these conditions evidences your acceptance of that revision.