TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“Terms“) CAREFULLY BEFORE USING THE SUPERB BUILDERS, INC. HOME REMODELING’s WEBSITE (the “Company“, “we” or “us“) web site (www.superbbuilders.com) (referred to herein as the “Site”). All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this Site.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of the Site) with or without notice. We reserve the right in our sole discretion to terminate or restrict your use of the site, without notice, for any or no reason, and without liability to you or any third party.
The Site contains proprietary information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you agree not to copy, post, publish or create derivative works based on the Site, in whole or in part. All trademarks, service marks and trade names used in the Site are trademarks or registered trademarks of Superb Builders, Inc. They may not be used without our prior written permission. Any other intellectual property in the Site, including, but not limited to, patents, issued or pending, are the sole property of Superb Builders, Inc. and/or its licensors.
You agree to indemnify, defend, and hold harmless Superb Builders, Inc., its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of this Site.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, SUPERB BUILDERS, INC. IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, SUPERB BUILDERS, INC.S LIABILITY WILL IN NO EVENT EXCEED US$100.00.
By using the Site, you agree to receive electronic communications from us. Any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
In an attempt to provide increased value to our visitors, we may link to Sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked Sites. These linked Sites are only for your convenience and therefore you access them at your own risk.
If you link to this Site, you:
• Will not frame or otherwise create a browser or border environment around our content; • Will not misrepresent your or your site's relationship with us; • Will not present false, misleading or inaccurate information about us or our products or services on your site or otherwise; • Will not use our logo without express prior written permission from us; and
These Terms constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements. The Terms will be governed by the laws of the State of California without regard to any conflict of law provisions. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Our failure to insist upon or enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these Terms. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
SUPERB BUILDERS, INC. PRIVACY AND SECURITY POLICIES
(Please also visit our Terms of Service section that explains other terms governing use of our website)
COLLECTION OF INFORMATION
Personal Information Our Site may ask you to register and provide personal information in certain instances, such as when you choose to personalize your use of our Site for environmental interest, when you ask a question of our experts, or when you contact our customer support group. Personally identifiable information that we may collect includes your name, e-mail address, and address. Superb Builders may also collect demographic information such as your age, gender, zip code, and interests.
Children’s Personal Information Superb Builders does not knowingly collect personally identifiable information from users under the age of 13. If we find out that we have such personal information, we will take reasonable steps to delete it.
Website Usage Information Superb Builders tracks navigational data (log files, server logs, click-stream) and information about how our Site is used by you (through cookies, Internet tags, or web beacons). We also collect information such as the URL of the websites you previously visited and the time of day that you use our Site. Superb Builders also keeps track of the pages you visit within our Site as well as any transaction details (downloads, orders, requests, or referrals). You can set your browser to notify you when a cookie is sent, or to refuse or delete cookies altogether, but in such cases certain features of our Site might not function as expected.
Third-Party Ad-Serving Companies On our Site, we may display third-party advertisements. While many of these advertisements are displayed by our site, we may allow third-party ad-serving companies or ad networks to display advertisements on our Site. Some of these ad networks may place a persistent cookie in order to recognize your computer each time they send you an online advertisement. Thus, third party ad-serving companies or ad networks may compile information about where you are using your computer, where you saw their advertisements, and which ads are clicked on. This information allows the third party to deliver targeted advertisements that they believe will be of most interest to you. Superb Builders does not have access to the cookies that may be placed by the third-party ad-serving companies or ad networks. We will not share information that will specifically identify you to an ad-serving company or ad.
HOW WE USE YOUR INFORMATION
Personal Information Superb Builders collects, integrates, and uses your personal information to help enhance and personalize your use of our Site and the products and services that we may offer. This information also allows us to provide you with targeted content, information, and advertising (on our Site, in newsletters, via e-mail, etc.). We also use anonymous and aggregated data to create statistics and reports for various business purposes. We may aggregate anonymous data and share it with our advertisers or our partners in order to offer you potentially desirable products and services.
Superb Builders may also use your information to communicate via our newsletters, but only after you give your express permission for such communication. The exception is the case of “service e-mails,” which we use to communicate with you regarding the system itself or your use of the system. Examples include: Communication around system downtimes, announcements regarding the launch of new services, responses to customer service enquires, and messages regarding the completion of transactions you have initiated.
Website Usage Information The website usage information we collect (e.g., cookies, Internet tags, web beacons, etc.) is used by Superb Builders to monitor the operation, technical functions, and quality of our Site and services. This information is also used to provide general statistics regarding use of our Site. We may also use such information for research or improvements of our Site and the services we offer you. This data is also used by Superb Builders to deliver customized content and advertising to you when your online behavior indicates that you are interested in a particular subject area (i.e. you’ve communicated to us that you are particularly interested in recycling).
Disclosure of Data Superb Builders keeps your personally identifiable information confidential. We do not disclose it to third parties or others that do not have a need to know such information, except under certain circumstances. Set forth below are various circumstances under which Superb Builders may share your personal information:
Certain of our employees and independent contractors have access to your personally identifiable information for the sole purpose of helping us run our business. These employees and contractors have confidentiality and security obligations.
Although we do not provide your personally identifiable information to our advertising customers and ad networks, we do aggregate and supply them with anonymous data (for example, “5,000 members of Superb Builders say that global warming is their top environmental concern”).
We may also share your personally identifiable information to respond to law enforcement requests, court orders, or other legal processes; or if we believe that such disclosure is necessary to investigate, prevent, or respond to illegal activities, fraud, physical threats to you or others; or as otherwise required by any applicable law or regulation.
Before we disclose your personally identifiable information for other reasons, we will first obtain your consent, via e-mail, click-through, an online opportunity to enter your preference, or some other manner.
CONTROL OF YOUR PERSONAL INFORMATION
Superb Builders offers its users choices for the collection, use, and sharing of personally identifiable information at the time a user decides to register. In addition, users may stop the delivery of future communications from Superb Builders by unsubscribing at any time. For instance, each e-mail you receive (aside from “service e-mails”) contains instructions explaining how to stop receiving such e-mails.
If your personally identifiable information changes (such as zip code, phone, or e-mail or postal address), or if you no longer desire our service, we provide a way for you to correct, update, or delete/deactivate your personally identifiable information. This can be done by e-mailing our Customer Support service at email@example.com.
PROTECTION OF INFORMATION — SECURITY
Superb Builders is committed to protecting the security of your personal information. We use a variety of up-to date security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store any personal information you provide on computer systems with limited access. These systems are located in controlled facilities. When we transmit highly confidential information over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
You should keep in mind that no Internet communication is ever completely secure or error-free.