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Tuesday - January 06, 2009

Terms and Conditions of Use

Welcome to the SpecHomes.com web site and related applications ("Service"), a service of Spec Homes Inc. ("SpecHomes.com"). Please carefully read the following Terms of Use ("Terms") before using the Service.

By using the Service or clicking on a button indicating your consent, you agree to these Terms and the Spec Homes Inc. Privacy Policy available at: SpecHomes.com/privacy.asp

If you do not agree to these Terms, you do not have permission to use the Service.

1. REGISTRATION
You do not need to register at the Service to view the SpecHomes.com web site. However, if you do register, you will be able to use features of the Service, including providing a profile, saving information to your profile and public web pages of the Service. You agree to provide true, accurate and complete information about yourself as prompted by the Service registration process, provided that in connection with registration, you do not need to, and should not for privacy sake, use your full or true name as your username. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness.

2. YOUR PASSWORD
You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible. If you suspect that someone may have obtained access to your password who does not have authority to act on your behalf, please contact SpecHomes.com immediately to authorize SpecHomes.com to deny access to the Service to anyone else presenting your password. At the same time, you should change your password.

3. LICENSE & ACCEPTABLE USE
A. GENERAL USE. SpecHomes.com hereby grants you the right to access and use the Service only for the purposes of sharing information and opinions for non-commercial uses and for commercial use in accordance with Section 3B. SpecHomes.com reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Service including for any violations of any provision of the Terms. Any rights not expressly granted to you herein are reserved to SpecHomes.com. No portion of this Service is targeted to children under the age of 18. In addition to User Submissions, SpecHomes.com supplies content to the Service, including but not limited to data, comments, suggestions, information, text, data, software, sounds, photographs, podcasts, audio, audiovisual, video, images, graphics, messages and other content or materials of any nature, associated technology and software, and the look and feel of the Service web site (collectively "Content"). Unless you have received specific written permission from SpecHomes.com, you may not (a) frame or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, Content or User Submissions displayed on the Service or (b) alter or modify any Content on the Service. You also agree not to reproduce, transmit, sell, or otherwise exploit the Service and/or Content for any commercial purpose.

The Service may allow you to upload, post, and/or distribute User Submissions, and use the Service, and view link, copy or download other's User Submissions on the Service, subject to the following conditions.

• You understand that all material you to upload, post, and/or distribute to any public portions of the Service web site such as the any forums or message boards, including but not limited to, information, questions, feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, podcasts, audio, audiovisual, video, images, graphics, messages and other content or materials of any nature ("User Submissions ") are the sole responsibility of the person from which the User Submissions originated. This means you, and not SpecHomes.com, are entirely responsible for the User Submissions you transmit through the Service. You understand that by using the Service you may be exposed to User Submissions that are offensive, objectionable or indecent.

• Your User Submissions shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.

• Unless you receive prior written consent from SpecHomes.com, you shall not upload to, distribute through or otherwise publish through the Service any User Submissions that are commercial in nature or User Submissions that contain any solicitation of funds, promotion, advertising or solicitation for goods or services.

• SpecHomes.com reserves the right, but is not obligated, to remove any User Submissions that in its sole discretion it deems violate the Terms or are otherwise objectionable. SpecHomes.com also reserves the right to suspend or terminate your account and access to the Service, if your activity or User Submissions breach of any of the provisions of the Terms.

• By posting, uploading or otherwise distributing your User Submissions on public portions of the Service, including public profiles, forums and message boards, you explicitly consent that other users of the Service may post or forward such User Submissions to others who may or may not be users of SpecHomes.com and you grant to SpecHomes.com a irrevocable, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to your User Submissions for all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such User Submissions, including to copy, reproduce, distribute the User Submissions to SpecHomes.com public pages, message boards, blogs, wikis, or forums.

• You agree that SpecHomes.com may establish practices and limits concerning the use of the Service. You agree that SpecHomes.com has no liability or responsibility for the storage or deletion of any User Submissions that you submit or post. SpecHomes.com reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.

You also agree not to:

• "stalk" or otherwise harass anyone;

• upload to, distribute through, or otherwise publish through the Service any User Submissions that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;

• post, upload or otherwise distribute any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission;

• collect personal data about other users for commercial or unlawful purposes;

use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by SpecHomes.com;

• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• upload to, distribute through or otherwise publish through the Service any User Submissions which are indecent, libelous, defamatory, obscene, harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or in SpecHomes.com's sole discretion, are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law;

• attempt to gain unauthorized access to SpecHomes.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;

• submit any User Submissions that constitute or contain junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement;

• create multiple user accounts by automated means or under false or fraudulent pretenses;

• sell, reproduce, distribute, modify, display, prepare derivative works based on, or otherwise use any SpecHomes.com Content which is protected by trademarks, copyrights, or other intellectual property rights;

• reverse engineer any software associated with the Service; or

• post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure or use any form of automated device or computer program that enables submission of postings on the Service without each posting being manually entered by the author thereof.

B. COMMERCIAL USE. "Commercial users" are those users who pay SpecHomes.com a fee for placements or other tools that are specific to their business or profession. Commercial user web pages on the service, if any, may contain trademarks and copyright protected materials. Without permission of the Commercial User, you may not use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display the protected materials. User Submissions that Commercial users provide to public pages, including SpecHomes.com message boards, blogs, wikis, or forums may be used to the same extent User Submissions posted by non-paying users may be used.

4. INTELLECTUAL PROPERTY
The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the User Submissions or Content on the Service and the Service itself are owned or licensed by SpecHomes.com. Except as expressly provided herein, neither SpecHomes.com or its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. You shall not infringe any of the intellectual property rights associated with SpecHomes.com's Content.

SpecHomes.com will not tolerate infringement of anyone's intellectual property at the Service, and reserves the right to block, disable, or otherwise remove any User Submissions from Service as well as terminate your access to the Service if you engage in copyright or other intellectual property infringement.

If you believe that any Content or User Submissions on the Service infringe your copyrights, please contact SpecHomes.com's copyright agent, who can be reached by mail at:

Please be sure to include the following information:

(a) a description of the copyrighted work you allege is being infringed (and registration information if such work is registered with the copyright office);

(b) the location of the allegedly infringing material on the Service,

(d) your address, telephone number, and e-mail address, and

(e) a statement (notarized if possible and under penalty of perjury that):

(i) you are the copyright owner or are authorized to act on the copyright owner's behalf; and
(ii) you believe in good faith that the rights of the copyright owner re being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).

5. INDEMNITY
You agree to indemnify and hold SpecHomes.com or its Affiliates harmless from any claim or demand, including reasonable attorneys fees, arising out of your User Submissions, your use of the Service, your violation of these Terms, or your violation of any third party's rights including intellectual property, proprietary, or privacy rights.

6. INFORMATION DISCLAIMERS
The Service is made available by SpecHomes.com as a forum for the exchange of information and opinions by its users. Consequently, this Service contains User Submissions posted by users of the Service that have not been reviewed or approved by SpecHomes.com. All information contained in such User Submissions are the expressions of those who have posted them and are not endorsed by SpecHomes.com. SpecHomes.com takes no responsibility for the accuracy or legality of those User Submissions; and SpecHomes.com disclaims any such responsibility and any liability for any alleged damages resulting from any posting, including but not limited to libel, defamation, or disparagement.

A. MEDICAL INFORMATION. THE INFORMATION (INCLUDING WITHOUT LIMITATION, MATERIAL, ADVICE AND RECOMMENDATIONS) POSTED ON THE SERVICE IS INTENDED SOLELY AS GENERAL INFORMATION AND IS NEITHER MEDICAL NOR HEALTHCARE ADVICE, MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. SpecHomes.com AND ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS, AND COMMERCIAL USERS (COLLECTIVELY "AFFILIATES") DO NOT MAKE ANY WARRANTEES REGARDING THE CONFORMITY WITH ANY GOVERNMENT REGULATIONS REQUIRING THE DISCLOSURE OF PRESCRIPTION PHARMACEUTICAL PRODUCT INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER SpecHomes.com NOR ITS AFFILIATES ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE SERVICE IS SUBJECT TO THIS DISCLAIMER. SpecHomes.com AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OR OTHER MATERIAL ON THE SERVICE.

B. FINANCIAL and real estate INFORMATION. THE SERVICE MAY PROVIDE ACCESS TO CERTAIN FINANCIAL MARKET DATA, QUOTES, PRICE FORECASTS, OTHER FORECASTS, MORTGAGE INFORMATION AND CALCULATIONS, REAL ESTATE MARKET INFORMATION, REAL ESTATE PRICING INFORMATION, NEWS, RESEARCH, PREDICTIONS, RECOMMENDATIONS, OPINIONS OR OTHER FINANCIAL INFORMATION THAT HAS BEEN PROVIDED BY SpecHomes.com USERS AND/OR FROM OTHER SOURCES INCLUDING COMPUTER ALGORITHMS THAT MAY INCLUDE GUESSING OR OTHER SOURCES OF RANDOM INFORMATION.

ALL DATA AND INFORMATION IS PROVIDED "AS IS" AND THE INFORMATION IS INTENDED SOLELY AS GENERAL INFORMATION FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NEITHER PROFESSIONAL STOCK BROKER ADVICE FOR ANY INVESTMENT, PROFESSIONAL REAL ESTATE ADVICE OR MORTGAGE BROKER OR LENDER ADVICE, NOR A SUBSTITUTE FOR OTHER PROFESSIONAL ADVICE OR SERVICES FROM QUALIFIED FINANCIAL SERVICES PROVIDERS FAMILIAR WITH YOUR FINANCIAL SITUATION OR PROFESSIONAL REAL ESTATE ADVICE OR SERVICES FROM A LICENSED REAL ESTATE PROFESSIONAL. DECISIONS BASED ON INFORMATION CONTAINED WITHIN THE SERVICE ARE YOUR SOLE RESPONSIBILITY. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER SpecHomes.com NOR ITS USERS ARE ENGAGED IN RENDERING PROFESSIONAL SERVICES OR ADVICE THROUGH THE SERVICE. SpecHomes.com ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OR OTHER MATERIAL ON THIS SERVICE.

SpecHomes.com DOES NOT GUARANTEE OR CERTIFY THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT SpecHomes.com, SHALL NOT BE LIABLE IN ANY WAY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU RELYING UPON THE INFORMATION.

SpecHomes.com EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS IN THE ACCURACY OF FINANCIAL OR REAL ESTATE FORECASTS THAT MAY CONTAIN INACCURACIES BECAUSE THEY ARE BASED ON INFORMATION FROM OTHER USERS AS WELL AS ALGORITHMS OR CALCULATORS THAT INCORPORATE GUESSING OR RELY ON USER INPUT. USERS AGREE THAT IF THE INFORMATION IS INADVERTENTLY BIASED OR SpecHomes.com'S ALGORITHMS OR CALCULATORS FOR AGGREGATING AND PRESENTING THE INFORMATION IS FLAWED, SpecHomes.com SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR ANY OTHER CLAIM OF A USER.

YOU FURTHER AGREE THAT SpecHomes.com WILL NOT BE LIABLE IN ANY WAY FOR THE INTERRUPTION OR CESSATION IN THE PROVIDING OF ANY DATA, INFORMATION, OR OTHER ASPECT OF THE SERVICE. SpecHomes.com IS NOT RESPONSIBLE FOR, AND MAKES NO WARRANTIES REGARDING, THE ACCESS, SPEED, OR AVAILABILITY OF THE INTERNET IN GENERAL OR THE SERVICE IN PARTICULAR. SpecHomes.com RESERVES THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ALL OR ANY PORTION OF THE SERVICE WITH OR WITHOUT NOTICE. IF SpecHomes.com DOES POST CONTENT, SUCH AS A PRICING ESTIMATE, IT IS FOR INFORMATIONAL AND CONVERSATIONAL PURPOSES ONLY.

C. NO REFERRALS OR ENDORSEMENTS. SpecHomes.com IS NOT A REFERRAL SERVICE OR ANY KIND, INCLUDING FOR HEALTHCARE, FINANCIAL, REAL ESTATE, CAREER OR ANY OTHER PROFESSIONAL SERVICES. THE INFORMATION (INCLUDING WITHOUT LIMITATION, ADVICE, MATERIALS, AND RECOMMENDATIONS) POSTED ON THE SERVICE, INCLUDING USER PROFILES, PUBLIC WEB PAGES, OR FORUMS, IS INTENDED SOLELY AS GENERAL INFORMATION AND DOES NOT CONSTITUTE OR INDICATE SpecHomes.com'S ENDORSEMENT OF THE INFORMATION OR AN ENDORSEMENT OR REFERRAL OF THE INDIVIDUAL OR ENTITY POSTING SUCH INFORMATION INCLUDING INFORMATION POSTED BY COMMERCIAL USERS. THROUGH THE SERVICE YOU MAY GET ACCESS TO INDIVIDUALS OR ENTITIES, HOWEVER, YOUR CHOICE TO CONTACT OR DO BUSINESS WITH ANY OF THESE INDIVIDUALS OR ENTITIES IS YOUR SOLE RESPONSIBILITY AND SpecHomes.com IS NOT INVOLVED IN ANY TRANSACTIONS YOU HAVE WITH ANY THIRD PARTIES.

7. DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN THE TERMS, THE SERVICE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. SpecHomes.com HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER SpecHomes.com, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY) OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE, OR TO ANY BREACH OF THESE TERMS, EVEN IF SpecHomes.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. SpecHomes.com, ITS LICENSORS, AND AFFILIATE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED, NOT TO EXCEED $1000.00. SpecHomes.com, ITS LICENSORS, AND AFFILIATES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE. ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH THE LIABILITY AROSE.

9. ASSUMPTION OF RISKS; LINKS; ADVERTISERS
Your interactions with other users are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that SpecHomes.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of this Service, or between users and any third party, you understand and agree that SpecHomes.com is under no obligation to become involved and is not subject to any liability.

The Service contains links to third party web sites, including those of Commercial users, that are not under the control of SpecHomes.com and SpecHomes.com is not responsible for any content on any linked web site. If you access a third party web site from the Service, then you do so at your own risk. SpecHomes.com provides links only as a convenience and the inclusion of the link does not imply that SpecHomes.com endorses or accepts any responsibility for the content on those third party web sites. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that SpecHomes.com shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

10. INTERNATIONAL USE
This Service is controlled and operated by SpecHomes.com from its offices within the United States of America. SpecHomes.com makes no representation that the Service is appropriate or available in other locations. Those who choose to access the Service from other locations do so on their own risk and are responsible for compliance with applicable laws.

11. GENERAL
These Terms shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Service shall be litigated or otherwise heard in the appropriate forum in Harris County, Texas. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the Harris, Texas. SpecHomes.com reserves the right at any time to modify, suspend or discontinue the Service. You agree that SpecHomes.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Service.
SpecHomes.com reserves the right to terminate these Terms between SpecHomes.com and you for any reason or no reason. Upon termination or expiration of the Terms, your right to use the Service immediately ceases.

12. OPT-OUT
We may use your information to notify you of important changes to the Service, new services, and special offers. If you do not want to receive such notices, you may send an email message to "info @ spechomes.com" with the word "Opt Out" in the subject field. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers. If SpecHomes.com has provided any third party with your personal information, you will have to contact the third-party directly with any opt-out request.

13. GOVERNMENT END USERS
The Service is a "commercial item" as defined in 48 C.F.R. §2.101. Consistent with 48 C.F.R. §§12.212 and 227.7202-1 through -4, all United States government end users may use the Services with only those rights set forth in these Terms.

14. MISCELLANEOUS
These Terms, as amended, any registration forms, and any agreement between you and SpecHomes.com under Section 3B constitute the entire agreement between you and SpecHomes.com. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. SpecHomes.com's failure to act with respect to a breach by you or others does not waive SpecHomes.com's right to act with respect to subsequent or similar breaches. SpecHomes.com reserves the right, at its discretion, to modify these Terms at any time. Notification of changes to these Terms will be posted on the Service or sent via e-mail. If any changes to these Terms are unacceptable to you, you must discontinue use of the Service.

15. EFFECTIVE DATE
Last Updated on July 15, 2007