TERMS of USE
Mike Hunter (referred to herein as "YourPlans" or "we" or "us" or "our"
provides the YourPlans Website, related services, and printable PDF
versions of the drawings (referred to herein as the "Website/Drawings"), to you,
users, buyers, agents, and sellers (referred to herein as the "User"
or "Users"), subject to the following
terms and conditions of use ("Terms and Conditions"). Please read the
Terms and
Conditions carefully before accessing or using the Website/Drawings, or our
printable PDF versions of the drawings.
By accessing or using the Website/Drawings, you agree to be bound by these Terms
and Conditions. If you do not agree with the terms and conditions, you
may not
access or otherwise use the Website/Drawings.
PRIVACY
Please review our Privacy Policy below, which governs the protection and
use of any personal information you may provide to us.
COPYRIGHT
All content on the Website/Drawings, including text, graphics, photographs,
logos, images, audio clips, video clips, digital downloads, and data
compilations (the
"Content") is the property of YourPlans, or its third party content
suppliers, or licensees and is protected by United States and
international copyright
laws.
NO WARRANTIES
All information on the Website/Drawings is provided to Users on an "as is", "as
available", and "believed accurate" basis without warranty of any kind
either express
or implied, including but not limited to the implied warranties
merchantability, fitness for a particular purpose, non-infringement or
availability. All
information is subject to errors, or change or withdrawal without
notice.
YourPlans does not warrant or make representations regarding the results
that may be obtained by using the Website/Drawings or as to the reliability,
accuracy or
currency of any information, content or service acquired by use of the
Website/Drawings. Listings may be withdrawn from the market at any time and are
subject
to errors, omissions, and prior sale or rental without notice. The
provided content is for marketing purposes only, is an approximation of
existing
structures and features, and is provided for convenience only with the
permission of the seller. All room sizes are approximate and not
guaranteed to
be exact or to scale.
From time to time, YourPlans Website/Drawings will provide users, agents or owners with a
"finished area", as calculated by our computer drafting program with
dimensions from inside walls to inside walls. For our purposes,
"finished area" is defined as spaces with finished walls & ceiling (such
as paint or wallpaper) and floor covering (such as carpet, vinyl,
ceramic or wood). We make no representation that "finished area" equals
"living area". Users who use the provided approximate measured dimensions or
provided "finished area" to claim "living area" are in
violation of these Terms and Conditions, and are solely responsible for
any claims they make.
YourPlans does not warrant that the Website/Drawings, its servers, or e-mail
transmitted by YourPlans are free of viruses or other harmful
components. Content
may be updated, changed, modified, or withdrawn at any time. Use of the
Website/Drawings and the Content is at your sole risk. Neither Broker,
the Content providers, or any person involved in the creation,
production, distribution of the Website/Drawings warrant that the
functions contained in the Website/Drawings will be
uninterrupted or error-free, that defects will be corrected, or that the
server that makes the Content available will be free of viruses or other
harmful
components.
LIMITATION OF LIABILITY
YourPlans, its licensees, directors, officers, employees, agents,
vendors, and suppliers shall not be liable for any direct, indirect,
incidental, consequential,
or special damages arising out of or in any way connected with access to
or use of the Website/Drawings or the Listings, even if YourPlans has been
advised of the
possibility of such damages.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless YourPlans, its
licensees, officers, directors, employees, affiliates, and agents, from
and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from your violation of these Terms and Conditions.
THIRD PARTY RIGHTS
These Terms and Conditions are for the sole benefit of YourPlans, its
licensees, its officers, directors, employees, affiliates, and agents.
No other person,
including any user of the Website, shall have the right to assert a
claim under these Terms and Conditions.
MODIFICATIONS TO TERMS OF USE AND CONTENT
YourPlans reserves the right, in its sole discretion, to modify, alter
or otherwise update these Terms and Conditions at any time. By using
this Website
after YourPlans has posted notice of such modifications, alterations or
updates, you agree to be bound by such revised Terms and Conditions. In
addition, YourPlans reserves the right to make improvements and/or
changes in the Content of the Website/Drawings at any time.
VIOLATIONS OF TERMS AND CONDITIONS OF USE
YourPlans reserves the right to seek all remedies available at law and
in equity for violations of the Terms and Conditions set forth in the
Website/Drawings,
including the right to block access from a particular Internet address
to the Website/Drawings. You agree that in the event the damages of a violation
of these
Terms and Conditions are difficult to determine, YourPlans shall be
entitled to $15,000 as liquidated damages for each violation of these
Terms and
Conditions, in addition to the right to block your access to the Website/Drawings
and to seek injunction relief.
LINKED INTERNET SITES
As a customer service, YourPlans may offer links to other sites.
YourPlans does not assume any responsibility for those sites or their
privacy policies and
provides those links solely for convenience of YourPlans' visitors. If
you link to any other sites, you must do so at your own risk and may
rely only on
their terms and conditions and privacy policies. The inclusion of any
link does not imply a recommendation or endorsement by YourPlans of the
linked
site.
ARBITRATION AND GENERAL PROVISIONS
Any claims relating to the Website/Drawings must be brought in the state or
federal courts of the State of Massachusetts and Middlesex County and
shall be
governed by the laws of the State of Massachusetts, without regard to
conflict of laws.
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PRIVACY POLICY
Mike Hunter (referred to herein as "YourPlans," "we" or "us" or
"our") is committed to protecting the privacy of the users of the Website/Drawings.
This statement discloses our privacy practices. The purpose of this
statement is to inform you:
What kinds of information we collect from users of YourPlans Website/Drawings and how such information is collected;
* How the information is used by us;
* Whether we disclose any user information to third parties;
* How you can access, update or delete any information that we collect
about you; and
* The security procedures which we use to protect your personal
information.
By using the Website/Drawings, you signify your assent to this Privacy Policy. We
reserve the right to change, modify, add, or remove portions of our
Privacy
Policy at any time. If so, any such changes will be posted on this page.
Please check this page periodically for changes. Your continued use of
this
Website following the posting of changes to this Privacy Policy will
mean you accept those changes.
HOW WE COLLECT INFORMATION
Generally, you can visit the Website/Drawings without revealing any personal
information. Like many Websites, our Web servers collect the Internet
Protocol
addresses, but not the e-mail addresses, of visitors. This information
can measure the number of visits, average time spent on the site, pages
viewed,
and other such statistics.
In addition, in order for us, our third party content suppliers, or
licensees to provide certain services to you, you may be asked for
information that
identifies you, including your name, e-mail address, mailing address,
zip code, telephone number, fax (collectively, "Personal Information").
You may
also elect to provide such information to us by sending or responding to
e-mails regarding certain listings or services offered on our Website,
our third
party content suppliers, or licensees. YourPlans, as a customer service,
offers links to other sites, and does not assume any responsibility for
those sites or
their privacy policies and provides those links solely for convenience
of YourPlans' visitors. If you link to any other sites, you must do so
at your own risk
and may rely only on their terms and conditions and privacy policies.
HOW WE USE AND DISCLOSE YOUR INFORMATION
We collect, generate, retain and use your Personal Information for our
own internal purposes in connection with the facilitation, recording and
processing of any requests, communications, or interactions you may have
with our Website. We also collect and store statistics and other
information
about you and your online activities on an aggregated, non-personally
identifiable basis and in a manner that may allow us or our affiliated
or related
entities, third party content suppliers, or licensees to improve
services to you.
In addition, your Personal Information may be also be used by us to
provide you with information regarding our products and services. For
example,
we may use your e-mail address to send you special announcements and
notifications of new real estate listings, services or promotions that
may be of
interest to you.
COOKIES
Cookies are small pieces of information that are stored by your browser
on your computer's hard drive. Cookies allow Websites to recognize you
when
you return and can keep track of information specific to you.
We use a programming tool that uses a temporary cookie to save
persistent information on a per session basis. These temporary cookies
are discarded
as soon as you close your browser. This is a common way of saving
persistent data in a Web application. We do not presently use cookies,
temporary or
permanent, to track users across multiple visits.
In addition, consistent with standard practices in the Internet
industry, you may occasionally receive cookies from third parties to
which you link from
our Website. We do not control these third party cookies, and they are
not subject to this Privacy Policy. If you prefer, you may set your
browser to ask
for your permission before your receive a cookie.
INFORMATION SHARING AND DISCLOSURE
Information about our customers is important to our business, and we are
not in the business of selling it to others. We do not share customer
information.
DATA SECURITY
Data security is critical to us and thus all Personal Information is
held in a secured database. While it is impossible to guarantee the
complete security of
any computer system and the data contained therein, we maintain and
implement robust security policies and procedures that combine with
available
technologies in accordance with prevailing industry standards, all of
which are designed to protect the confidentiality, integrity, and
availability of
your Personal Information.
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