HOME BUILDING ESTIMATES, LLC
Effective Date: November 8, 2012
Welcome to HomeBuildingEstimates.com (the “Website”) which is owned and operated by Home Building Estimates, LLC, a Maine limited liability company (“HBE”).
Amendments: HBE reserves the right to amend, supplement and/or revise each and every term herein at any time. When changes are made to these terms a new revised version with its effective date will be posted on our website. If you do not agree to the terms hereof or as amended, supplemented or revised, you may not continue to use our website.
Illegal or Abusive Use is Strictly Prohibited: You must not harass, threaten, impersonate or intimidate other uses of our Website. You may not use our Website and/or the services HBE is providing for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our Website, HBE will suspend your account or usage as applicable.
Electronic Communication: When you visit our Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Copyright: All content on this site including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HBE and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of HBE and protected by United States and international copyright laws. All software used on this site is the property of HBE or its software suppliers and protected by United States and international copyright laws.
Trademarks: HomeBuildingEstimates.com and all variations of this name as reserved now or in the future by HBE as well as other HBE graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of HBE in the United States and/or other countries. HBE’s trademarks and trade dress may not be used in connection with any product or service that is not HBE’s, in any manner that is likely to cause confusion among users of this Website and/or the public at large or in any manner that disparages or discredits HBE. All other trademarks not owned by HBE that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HBE.
License and Site Access: HBE grants you a limited license to access and make personal use of this site, however other than page caching, user may not download any part of this site, may not modify it, or any portion of it, except with the prior express written consent of HBE. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of HBE. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information including but not limited to images, text, page layout, or form of HBE without prior express written consent. You may not use any meta tags or any other “hidden text” utilizing HBE’s name or trademarks without our prior express written consent. Any unauthorized use immediately terminates the permission or license granted. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of HBE so long as the link does not portray HBE, or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HBE logo or other proprietary graphic or trademark as part of the link without our prior express written permission.
Your Account: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. HBE reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
Contractor Score: By accepting these terms, you agree to have HBE grade your company based on our proprietary algorithm. HBE will not be held responsible for any grade given to a said contractor or company.
Links to other Websites: This Website may provide a link to other websites owned and/or operated by unaffiliated third parties. Those sites are not part of this Website, and each is subject to the terms of a separate user agreement and may have different policies with respect to the collection, use and disclosure of your personal information. HBE DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD-PARTY WEBSITES AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS WEBSITE OR AFFILIATED SITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS. Please be sure to review the applicable agreements and policies carefully when visiting third party websites.
This Website and HBE are providing a link between and/or among consumers, contractors, subcontractors, architects, materials suppliers and other third parties. As such neither this Website nor HBE can control nor endorse any of the information, calculations, bids, drawings, data and the like provided by any party to the other. Each party using this Website acknowledges and agrees that this Website and HBE are acting only as a conduit of this information, services, documents, etc., and releases the Website and HBE from any and all legal and equitable responsibility in all respects therefore.
Additionally, this Website and HBE disclaim any and all liability therefrom.
Becoming A Registered User: Certain services, information and materials provided by HBE through this Website may be accessed and/or used by you without registering or logging onto this Website (collectively “Public Materials”). Other and more in depth services, information and materials provided by HBE through this Website may only be accessed and/or used by you after you have provided the required information to become either a Registered User and/or be included in the Service Directory (collectively “Registered User Materials”).
The terms herein shall apply equally to the use of and access to the Public Materials and the Registered User Materials either of which HBE reserves the right to modify from time to time and at any time it shall in its sole discretion deem necessary.
Any email address, user name, password or other identifying information that may be required to become a Registered User shall be your sole responsibility to maintain any confidentiality thereof and HBE disclaims all and any responsibility therefore.
Risk of Loss: All items purchased from or through HBE are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the provider of the item(s) whether or not it is HBE upon delivery of the items to the individual carrier.
Cancellation/Non-Refunds/Non-Payment: If you choose a plan that requires payment, fees that are assessed for you to use this site are made on a monthly basis and are to be paid at the initiation of your use. Should you decide to cancel your use at any time before the period that was paid in advance expires, there will be no refunds or partial refunds made.
By agreeing to one of our paid plans on this site and providing an ongoing means of paying for your use, you are authorizing HBE to assess its monthly fee initially and for each month thereafter until a cancellation notice is received by HBE. Upon receipt of a properly tendered cancellation, HBE will not provide any refund or partial refund for any of the remaining payment period remaining but will cease assessments for future payment periods.
Should you unilaterally cancel payment at any time, HBE reserves the right to immediately cease providing services to you.
Disclaimer of Warranties and Limitation of Liability:
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY HBE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HBE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HBE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM HBE OR ANY USE OF THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HBE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disputes: Any dispute relating in any way to your visit to our website or to services sold or distributed through this site will be resolved between .you and the other party providing such services and shall not involve or include HBE and/or its subsidiary companies.
If you have questions or concerns regarding this statement, you should first contact HBE at the email address specified on our homepage.
Information Collection and Use: Our primary goals in collecting personally identifiable information are to provide you with the product and services made available through our Website, including, but not limited to our services, to communicate with you, and to manage any of your Registered User Materials.
Information Collected Upon Registration: If you desire to have access to certain restricted sections of our web site, you will be required to become a Registered User, and to submit certain personally identifiable information to HBE. This happens in a number of instances, such as when you sign up for our services, or if you desire to receive materials and information from any third party. Personally identifiable information that we may collect in such instances may include your IP address, full user name, password, email address, city, time zone, telephone number, and other information that you decide to provide us with, or that you decide to include in any public profile.
Use of Contact Information: In addition, we may use your contact information to market to you, and provide you with information, including but not limited to our services. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications.
Cookies and Other Technologies
Other Technologies: Other technologies used include clear GIFs and IP address logging. Clear GIFs also known as web bugs, beacons or tags, are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
Service Providers: We may engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
Law Enforcement: We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of HBE or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.