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Omega Builders Terms of Use

Your Acceptance of These Conditions of Use

Welcome to www.OmegaBuilders.com. This Site is provided and owned by Omega Builders (“Omega Builders,” “Omega,” we,” “us” and “our”). The following Terms of Use (these “Terms of Use”) are the basic terms and conditions that govern your use of this Site. Please note that your use of this Site constitutes your agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit this Site immediately and do not use this Site.

Questions Concerning These Conditions of Use

If you have any questions or concerns regarding these Terms of Use, please contact us by sending us an email, or writing us at Omega Builders – Marketing, 7353 W. Adams Avenue, Temple, Texas 76502.

Effective Date

These Terms of Use are effective as of 02/29/2016.

These Terms of Use May Change

We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version of these Terms of Use on this Site. These changes will be effective as of the date we post the revised version of these Terms of Use on this Site. Your use of this Site following any such change constitutes your agreement to be bound by the revised Terms of use.

Unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as a clarification), to alert you to these changes, we will provide a notice at the top of these Terms of use for at least 30 days after the new effective date and highlight the changes so that you can locate them easily.

You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” on the bottom of each page of this Site.

Ownership, Copyright and Trademark Matters

This Site and all of its content, including, for example, all of the text, images, illustrations, graphics, audio clips, and video clips, are protected under trademark, trade dress, copyright and other intellectual property laws and all of the rights in the Site and its content are owned by Omega Builders, its affiliates, its licensors and other third parties. The entire content of this Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and Omega Builders owns the copyright in the selections, coordination, arrangement and enhancement of the content.

Unless specifically authorized on certain pages of the Site, you may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble any part of this Site or its content; or (c) remove any copyright, trademark registration, or other proprietary notices from the information. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided by Omega Builders.

The trademarks and service marks used or displayed on this Site (“Trademarks”) are registered and unregistered trademarks of Omega Builders or third parties. Nothing on this Site may be construed as granting – by implication, estoppel, or otherwise – any license or right to use any Trademarks displayed on the site without the prior express written permission of Omega Builders or the trademark owner.

You hereby indemnify Omega Builders and hold it harmless against all loss, liability, damage or expense of whatsoever nature which Omega Builders or any third party may suffer which arises out of or is in connection with, whether directly or indirectly, your use of the website to send or post any such message or material.

Privacy Notice

Our Online Privacy Policy is part of and is incorporated in these Terms of Use. To review our Online Privacy Policy, click here.

Not an Offering to Sell Real Property

Void Where Prohibited by Law. This Site and the related links do not constitute an offer to sell real property. Offers to sell property may only be made by an authorized Omega Builders representative. Materials provided on this site are strictly for information purposes as a service to Internet users.

Not Offering Any Financial Advice

The information provided on this Site is not intended to provide specific financial, tax, legal or accounting advice. “Online Mortgage Calculators” are for illustrative purposes only and do not represent a mortgage loan offer or terms offered by Omega Builders or any third party.

Equal Housing Opportunity

Omega Builders is pledged to and fully complies with the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the United States of America. We promote and support the premise that there should be no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.

Your Comments, Reviews and Other Submissions

We welcome your comments regarding this Site. Please note, however, any comments, submissions, or other communications (collectively “Comments”) sent to us shall be and remain the exclusive property of Omega Builders. Your submission of Comments will constitute an assignment to Omega Builders of all worldwide rights, title and interests in all copyrights and other intellectual property rights in the Comments.

Omega Builders will be entitled to copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Omega Builders will also be entitled to reduce to practice, use, and improve upon any ideas or inventions that you submit to us in any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information, product ideas, inventions or original artwork.

We reserve the right to edit submissions presented by users, but we do not take responsibility for the truth or accuracy of the Comments, nor do we take responsibility if the Comments we publish are deemed objectionable or offensive by certain individuals or entities.

Your Registration

You are responsible for maintaining confidentiality of information that could be used to access your account such as username and password, and you agree to accept all responsibility for all activities performed using your username and password. You are responsible for selecting a username. Your username is your site identity. Your username may not be offensive and may be rejected upon discretion by the site administrator. Additionally, you are responsible for restricting access to your computer and not using public computers to access your account. By opting into Site, user understands that web activity will be shared with other users of Site. Failure to comply with the rules may result in being removed from Site.

Content Details

  1. We cannot assure you all of the information displayed on the Site is 100% accurate. The actual item should be considered the authoritative source of all information with respect to the item.
  2. The information published on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after a home is completed, contracted or sold). These errors, inaccuracies or omissions may be related to pricing, plans, dimensions, specifications, material and material availability. If we discover that pricing information posted on our Site is incorrect, we reserve the right not to honor the incorrect price. We apologize for any inconvenience this may cause.

Illustrations & Images. Illustrations are artists’ depictions only and may differ in whole or in part from completed improvements. Depicted room sizes are approximate.

Preliminary Notice & Community Information. Any facilities labeled “proposed” or “future development” may still be in preliminary stages and there is no guarantee that they will be completed or developed in accordance with any plans or specifications, if at all. Certain neighborhood or project amenities may not be complete and Omega Builders does not warrant or guarantee their completion.

Links to Web Sites Operated by Third Parties

This Site may provide links to web sites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their web sites. We do not assume any responsibility or liability for the actions, product, and content of any such web sites. Before you use any web site you should review the applicable terms of use and policies. The inclusion of a link on this Site does not imply our endorsement of the web site. If you decide to access linked third-party web sites, you do so at your own risk.

Interruptions

Electronic communications and the Internet are inherently unstable and prone to interruptions and failure.

This Site will be subject to both scheduled and ad hoc maintenance and updates which may lead to interruptions in the delivery of content of the site.

Omega Builders does not warrant, guarantee or represent that the information service will be provided uninterrupted, without failures or error-free.

Interpretation

As used in these Terms of Use, the term “including” means “including, but not limited to.”

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Omega Builders of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of use shall remain in full force and effect.

Disclaimers

THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, OMEGA BUILDERS AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENTS AND THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GERNERALITY OF THE FOREGOING, OMEGA BUILDERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) WITH RESPECT TO ANY MERCHANDISE OFFERED ON THIS SITE (THIS DISCLAIMER DOES NTO APPLY TO ANY HOME WARRANTY OFFERED); (C) RELATING TO THE SECURITY OF THE SITE; (D) THAT THE INFORMATION ON THIS SITE, INCLUDING PRODUCT DESCRIPTIONS, IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR € THAT THE CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF WARRANTIES SET FORTH ABOVE, SO THIS LIMITATION OF WARRANTIES MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES, SHALL OMEGA BUILDERS OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, ANY CONTENT PUBLISHED ON THIS SITE (INCLUDING PRODUCT DESCRIPTIONS AND REVIEWS), OR ANY SERVICES PROVIDED THROUGH THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OMEGA BUILDERS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMIATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OT THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE THEN AGGREGATE LIABILITY OF OMEGA BUILDERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWENTY FIVE DOLLARDS ($25.00).

BY USING THE OMEGA BUILDERS WEB SITES, PRODUCTS, OR SERVICES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO THE TERMS AND CONDITIONS STATED HERE.

Dispute Resolution – Mediation-Binding Arbitration/Waiver of Jury Trial

By accessing this Site, or using information on this Site or links to other web sites, you specifically agree that any dispute including, but not limited to any and all controversies, disputes or claims arising under, or relating to the use of this Site or using information on this Site or links to other web sites, or any dealings with Omega Builders, or any controversy, dispute or claim arising by virtue of any representations, omissions, promises or warranties alleged or implied to have been made by Omega Builders shall first be submitted to mediation and, if not settled during mediation, shall thereafter be submitted to binding arbitration as provided by the Federal Arbitration Act (9 U.S.S. §§ 1 et seq.) or, if applicable, by similar state stature, and not by or in a court of law. All decisions respecting the arbitrability of any dispute shall be decided by the arbitrator.

Entire Agreement

These Terms of Use contain the entire understanding and agreement between you and Omega Builders with respect to your use of this Site, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and Omega Builders with respect to this Site.