By accessing or using the GM Home Construction Corp website ("Website"), you ("User," "you," or "your") agree to be bound by these Website Terms of Service ("Terms") in their entirety. These Terms govern your use of the Website operated by GM Home Construction Corp ("Company," "we," or "us"), which provides information about our kitchen remodeling, bathroom remodeling, deck construction services, and any additional services described on the Website. If you engage our services, additional terms will be provided in a separate contract.
2.1. The Website provides information about GM Home Construction Corp's services, which include kitchen remodeling, bathroom remodeling, and deck construction.
2.2. You agree to use the Website only for lawful purposes and in a manner that does not infringe upon or restrict the rights of any third party.
2.3. You agree not to:
3.1. All content on the Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of GM Home Construction Corp or its content suppliers and is protected by United States and international copyright laws.
3.2. The trademarks, service marks, logos, and trade names displayed on the Website are registered and unregistered trademarks of GM Home Construction Corp or third parties.
3.3. You may not use, reproduce, distribute, modify, or create derivative works from any content from the Website without prior written consent from GM Home Construction Corp.
4.1. The Website may include features that allow users to submit content, such as comments, reviews, or contact form submissions ("User Content").
4.2. By submitting User Content, you grant GM Home Construction Corp a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
4.3. You represent and warrant that you own or control all rights to the User Content you submit, that the User Content is accurate, and that use of your User Content does not violate these Terms or cause injury to any person or entity.
5.1. Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
5.2. By using the Website, you consent to the collection and use of information as detailed in our Privacy Policy.
5.3. GM Home Construction Corp will take reasonable measures to protect user privacy but cannot guarantee the security of information transmitted to the Website.
6.1. The Website may contain links to third-party websites or services that are not owned or controlled by GM Home Construction Corp.
6.2. GM Home Construction Corp has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
6.3. You acknowledge and agree that GM Home Construction Corp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
7.1. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
7.2. GM HOME CONSTRUCTION CORP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE.
7.3. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
7.4. TO THE FULL EXTENT PERMISSIBLE BY LAW, GM HOME CONSTRUCTION CORP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.5. GM HOME CONSTRUCTION CORP DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM GM HOME CONSTRUCTION CORP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.1. GM HOME CONSTRUCTION CORP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
8.2. IN NO EVENT SHALL GM HOME CONSTRUCTION CORP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
You agree to indemnify, defend, and hold harmless GM Home Construction Corp, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.
10.1. GM Home Construction Corp reserves the right to modify or replace these Terms at any time at its sole discretion.
10.2. If a revision is material, we will provide at least 30 days' notice prior to any new Terms taking effect.
10.3. By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised Terms.
11.1. These Terms are effective unless and until terminated by either you or GM Home Construction Corp.
11.2. You may terminate these Terms at any time by ceasing to use the Website.
11.3. GM Home Construction Corp may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law.
13.1. Any dispute arising out of or relating to these Terms or your use of the Website shall be resolved through good faith negotiation.
13.2. If such dispute cannot be resolved through negotiation, it shall be submitted to mediation in accordance with the rules of the American Arbitration Association.
13.3. If mediation is unsuccessful, any legal action arising from these Terms must be filed in the appropriate courts of Massachusetts.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
These Terms constitute the entire agreement between you and GM Home Construction Corp regarding the Website and supersede all prior agreements and understandings.
If you have any questions about these Terms, please contact us at:
GM Home Construction Corp
Boston MA
(978) 763-0516
[email protected]