Terms of Use Agreement for the Freemarr.com Website

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FREEMARR HOMES, INC
TERMS OF USE AGREEMENT AND IMPORTANT LEGAL NOTICES TO USERS OF
THE FREEMARR HOMES SITES

IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.

THESE ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE
WWW.FREEMARR.COM AND WWW.FREEMARRHOMES.COM WEBSITE(S)
AND OUR SERVICES.

WELCOME to the Freemarr Homes, Inc. website(s) available at and under www.freemarr.com , www.FreemarrHomes.com and/or under other uniform resource locator(s) and the related or linked portals, information management systems, intranets, public or password protected information systems, e-mail or wireless websites intended for use by us, our affiliates, and their or our existing or potential customers (collectively, “FREEMARR HOMES Sites”) – developed, hosted, maintained or operated by Freemarr Homes, Inc. (“we,” “us,” or “our”) or our designees. This TERMS OF SERVICE AGREEMENT AND IMPORTANT LEGAL NOTICES TO THE FREEMARR HOMES SITES (this “Agreement” or this “Notice”) sets forth the terms and conditions governing your use of the FREEMARR HOMES Sites and your access to and use of the webpage, sub-pages, URLs, links, trademarks, tradenames, trade dress, slogans, logos, software, copyrights, information, other content, wireless services, portals, e-mail functionalities, operating systems, and electronic communications or data management systems and services offered on or through the FREEMARR HOMES Sites (which, collectively with the FREEMARR HOMES Sites, constitute the “Services”).” This Notice, particularly the "Privacy Policy" portion of this Notice, also is to inform you of how we use your nonpublic personal information during the course of your home buying experience with our family of companies and affiliates. Title V of the Gramm-Leach-Bliley Act (the “GLBA”) and for California Residents, Civil Code Section 17983.83, requires that we provide you with our privacy policies and practices which are intended to inform you of the types of information that we collect from you and the persons to whom your personal non-public information may be disclosed.

By accessing or using the FREEMARR HOMES Sites or any of the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time by us (as further described below), and agree to all of our operating rules and/or policies and the Services that may be approved by us and published by us on the FREEMARR HOMES Sites. All these rules and policies are incorporated into this Agreement by this reference. We have other operating rules and relating to the FREEMARR HOMES Sites and the Services generally. Further, certain areas of the FREEMARR HOMES Sites, including, without limitation, access to franchisee only areas, or product or service ordering services may require registration and/or be subject to additional terms and conditions of use; and we will provide you with notice of such additional terms and conditions on registration.

IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS THE FREEMARR HOMES SITES OR USE THE SERVICES IN ANY MANNER.

TERMS OF USE

1. We Reserve the Right to Revise this Agreement. Notwithstanding anything to the contrary herein, we reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement, and to impose new or additional rules, policies, terms or conditions on your use of the Services. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement upon our publishing them on the FREEMARR HOMES Sites, which may be given by any means we designate, including by our posting to the FREEMARR HOMES Sites. Your continued use of any of the FREEMARR HOMES Sites following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are incorporated into this Agreement by this reference.

2. We May Revise or Terminate Any Part of the Services at Any Time. We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the FREEMARR HOMES Sites or the Services, with or without notice to you. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of any FREEMARR HOMES Sites or the Services. We may refuse or restrict anyone from access to any or all of the FREEMARR HOMES Sites or the Services at any time.

3. Links. We are not responsible for the content or use of third party sites linked to, or which link to the FREEMARR HOMES Sites. The Services they offer are not our "Services".

4. Acceptable Use of the Services. In order to use the FREEMARR HOMES Sites or the Services, you must obtain access to the World Wide Web (or such technology we may designate) directly or through devices that access content and pay any and all service fees, if any, associated with such access.

(a) Individual Use. Except as provided in (b) below, you agree that you are only authorized to visit, view and to retain a single copy of pages of the FREEMARR HOMES Site solely for your own individual, non-commercial use, and that you shall not duplicate, download, publish, modify or otherwise distribute any material on the FREEMARR HOMES Site for any purpose other than for your own individual use unless otherwise specifically authorized by us. We post “Legal Notices” and various credits on pages of the FREEMARR HOMES Sites, which may not be removed even in your permitted copy. Your use of the FREEMARR HOMES Sites is subject to our Legal Notices, including this Agreement, and you must not remove these Legal Notices or credits, or any additional information contained along with the Legal Notices and credits.
(b) Commercial Use. If you wish to link, publish, frame, refer to or provide information about the FREEMARR HOMES Sites, our Marks (defined below), copyrighted materials or any Services on any website, web page, e-mail address or the like operated by you or your affiliates, or any companies, partnerships, limited liability partnerships or any other legal entity which you have an ownership or investment interest in (also collectively referred to as “you”), you must first obtain our prior written permission to do so and enter into an agreement with us on terms designated by us. Contact us if you seek to obtain our permission to access this FREEMARR HOMES Sites for commercial purposes. By “commercial purposes,” we mean your engaging in residential or commercial building sales, marketing or construction, sales or offer of the same or similar services as are offered by us. If you wish to use the FREEMARR HOMES Sites for any commercial purpose, you must contact us and obtain our prior written permission to do so. If you are a FREEMARR HOMES Business, any use of the FREEMARR HOMES Sites by you constitutes a commercial purpose and your use of them are governed by your Franchise Agreement with us and this Agreement.
(c) Resale of Services. You may not resell the Services (or any part thereof) without our prior written consent, and if we agree to such resale you must only do so in strict compliance with your agreements with us. If you wish to do so, contact us to determine if we will grant you permission to resell the Services or use the FREEMARR HOMES Marks in such manner. If you wish to access the Freemarr Homes Site or use any of the Services, copyrighted materials or the FREEMARR HOMES Marks for commercial purposes or which affiliate with our FREEMARR HOMES Marks in any way, contact us to discuss establishing a commercial relationship and find out if we will grant you written permission to do so. You acknowledge that you do not acquire any ownership or license rights by virtue of downloading the FREEMARR HOMES Marks, copyrighted material from the Services. All rights not expressly granted under this Agreement are expressly reserved to us. If you believe your rights under applicable copyright laws are being infringed, you may notify our designated personnel who assist us with our Copyright notice and takedown policies.
(d) Deep Links. You shall not “deep-link” to the FREEMARR HOMES Sites, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the FREEMARR HOMES Sites for any purpose, unless specifically authorized in writing by us to do so. You must not create any links from your website to any website which bears the Marks or our copyrighted materials or which offers commercial services, or offers any other of the Services or similar services without our express written consent. If you wish to deep link or any link to the FREEMARR HOMES Sites for any reason, you must contact us and obtain our prior written approval for such deep links or other links.
(e) Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Services, overloading, “flooding,” “mailbombing” or “crashing” the Services. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Services.
(f) Spidering. THE USE OF ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR PRODUCTS TO AUTOMATICALLY DOWNLOAD OR “SPIDER” THE FREEMARR HOMES SITES OR ANY OF THE PAGES OF THE FREEMARR HOMES™ SITES INFRINGES ON OUR COPYRIGHTS. DO NOT USE ANY SUCH TOOLS OR PRODUCTS ON OR IN CONNECTION WITH THE SERVICES!
(g) Termination. We may and will terminate your Service immediately, if we believe that your conduct fails to conform with this Agreement. Without limiting our rights and your limitations under this Agreement, if you use, or attempt to use the Services or Marks or our copyrighted materials for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.
(h) You Are Responsible For All of Your Activities and All of The Content You Post. You represent and warrant that any information you post or provide to us by means of the FREEMARR HOMES Sites, including, without limitation, as part of any registration or application or to gain access to any Services, is truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Services including, without limitation, any content in the personalized areas of the FREEMARR HOMES Sites, may be used only for its intended purpose. We expect that you will exercise caution, good sense and proper judgment in using the Services. Without limiting any other terms of this Agreement, you agree NOT to use the Services for or in connection with any of the following activities:

(i) Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of our personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;
(ii) Any fraudulent or illegal purpose;
(iii) E-mailing, uploading, or otherwise transmitting or using the Services in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortuous, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content;
(iv) Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of our (or anyone else’s) Services, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate our rules or policies;
(v) violating our rights in or to our intellectual property; and
(vi) to assist you with breaching this Agreement, or any Franchise Agreement between any FREEMARR HOMES System Franchise and us.
(i) Do Not Violate Third Party Intellectual Property Rights. Without any of our rights or your obligations under this Agreement, you may not, and by using the Services or an FREEMARR HOMES Site you agree not to, use the Services or an FREEMARR HOMES Site to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.

(j) Ownership. The trademarks, trade names, logos, color schemes, service marks, slogans, and similar means if identifying products or services displayed on any of the FREEMARR HOMES Sites, including without limitation, any variation of the terms or phrases “FREEMARR HOMES,” (collectively, the “FREEMARR HOMES Marks”) and other Intellectual Property Rights are our or our licensors registered and/or common law FREEMARR HOMES Marks or other Intellectual Property Rights. All content and materials on the FREEMARR HOMES Sites including, without limitation, the FREEMARR HOMES Marks, button icons, images, audio clips, and software, copyrights, patents and other Intellectual Property Rights included in the Services or an FREEMARR HOMES Sites, are our property or our licensors’ and are protected by U.S. and international copyright, patent, trademarks, and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on the FREEMARR HOMES Sites is our exclusive property and is protected by U.S. and international copyright laws. All software used on the FREEMARR HOMES Sites, or which are provided to you through the FREEMARR HOMES Sites are our property or our licensors’ property and protected by U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted without the express written permission of us and any other applicable copyright owner.
(k) Limited Non-Commercial Use. You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or materials found on the FREEMARR HOMES Sites for commercial purposes, but you may download, display and print one (1) copy of the content displayed on our site on a single computer for your personal-non-commercial use. You will not use the FREEMARR HOMES Marks or other content on any site, website, web page, portal, or any form of advertisement which you operate, authorize or control without our express written permission.
(l) No Use of our Marks for Optimization. You may not use our FREEMARR HOMES Marks or copyrighted materials in any search engine descriptions, content (meta-tags, “white lettering”, key words, or other means of directing or influencing web traffic to any website, web page, portal or e-mail operated, controlled or authorized by you without our express written permission and your doing so constitutes a violation of our rights under U.S. Federal law, U.S. States’ laws, and other international laws and a breach of this Agreement. You must not purchase "adwords", "keywords" or the like that bear our Marks or derivatives thereof. You will not adopt or use any names, trademarks, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions or the like that are the same or are confusingly similar to the FREEMARR HOMES Marks. Without our prior written consent, you will not submit or maintain any information submitted to search engines which incorporate any content from the FREEMARR HOMES Sites, the FREEMARR HOMES Marks, our copyrighted materials or any marks that are confusingly similar to the FREEMARR HOMES Marks.

5. Compliance with Laws. You may use the Services and the FREEMARR HOMES Sites only for lawful purposes. The Services and use of the FREEMARR HOMES Sites are subject to, and you agree that you will at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services. This obligation includes your agreement to comply with all applicable laws, regulations, and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefor, as well as authorization from us.

6. NOTICE REGARDING SPECIFICATIONS, PRICES, TERMS, RENDERINGS AND OTHER INFORMATION.

(a) EQUAL HOUSING OPPORTUNITY. We and our companies are pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity. We encourage and support affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin.
(b) EQUAL OPPORTUNITY EMPLOYER. We are an equal opportunity employer. We consider applicants for all positions without regard to race, color, religion, sex, national origin, age, marital status, disability, or any other legally protected status.
(c) No Offer to Sell Real Property. The FREEMARR HOMES Sites and the related links do not constitute an offer to sell real property. Offers to sell property may be made and accepted only at the sales center for the FREEMARR HOMES communities. Information contained on the FREEMARR HOMES Sites is intended to be informative only, and does not constitute a representation or warranty with regard to any Freemarr Homes™ residences or communities, or any products or services provided by us. The materials provided at this FREEMARR HOMES Sites are strictly for information purposes as a service to Internet users and shall not be construed as an offer in any jurisdictions where prior registration or other advance qualification of real property is required. Inquire of the specific community to see if the property is qualified for sale in your jurisdiction. Responses will be limited if prior registration is required.
(d) Prices are Subject to Change. Although every effort has been made to ensure that our prices and terms contained herein are accurate and current, at any time, such prices and terms are subject to change, prior sale, selected lot premiums and/or predetermined options. Prices shown generally refer to the base house and do not include any optional features.
(e) Features are Subject to Change. The FREEMARR HOMES Sites may contain content errors or typographical errors. Also, photos and/or drawings of homes may show upgraded landscaping and may not represent the lowest-priced homes in the community. We reserve the right to make changes to our home designs and to build more or fewer homes than currently planned. Some or all of the renderings and floor plans in these materials are artists' conceptual drawings and will vary from the actual plans and homes as built. Square footage numbers are approximate and may vary from the actual plans and homes as built. We cannot control future development or guarantee the preservation of any view or the natural environment surrounding its communities. Any facilities labeled "proposed" or "future development" are in formative 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 completion is neither warranted nor guaranteed. Despite the efforts by us to provide accurate information, it is not possible to completely ensure that the ever-changing information affecting its properties is up-to-date. Views vary significantly by lot location and may be affected by future development. Promotional programs are typically available only on select lots, at select communities, and may not be available in conjunction with other offers. Payment of any Broker Co-Op fee will be subject to certain conditions including, but not limited to, completion of a registration card evidencing that the buyer was accompanied by the broker on the first visit to the home. Please consult a Freemarr Homes™ Sales Representative for specific price or other information for each community.

7. Your Access to Certain Services. As a convenience and courtesy to you, in addition to the Services offered to the general user of the FREEMARR HOMES Sites, we may provide you access certain FREEMARR HOMES Sites for purpose of contracting with us or our affiliate to sell products or services to you. If we do so, any offers or sales made in connection with the use of such FREEMARR HOMES Sites will be subject to our purchase policies and this Agreement. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the agreements into which you thereby enter.

8. Electronic Signatures. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, APPLICATIONS AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THIS FREEMARR HOMES Site. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by other than electronic means. You may obtain a copy of this Agreement by printing it now at no additional cost to you or by contacting us. We may charge you up to $5 per copy of this Agreement if we send a copy to you at a later date. In addition, you understand that certain Services on the FREEMARR HOMES Sites such as a general contents page and a current information page (which provides information that may include, without limitation, news of interest to users of the FREEMARR HOMES™ Sites, shipper information and other Services) may include materials and information from third parties, and you acknowledge and agree that we have minimal control over such information. Accordingly, we cannot guarantee, represent or warrant that the content contained in the FREEMARR HOMES Sites is accurate, appropriate to you, and/or inoffensive.

9. We Make No Warranties. YOU USE THE SERVICES (INCLUDING ANY SOFTWARE WE PROVIDE TO YOU VIA THIS SITE) AND THE FREEMARR HOMES SITES IS AT YOUR SOLE RISK. THE SERVICES AND THE FREEMARR HOMES SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OF TITLE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FREEMARR HOMES SITES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE FREEMARR HOMES SITES INCLUDING, WITHOUT LIMITATION, ESTIMATED FEES BASED ON USER-PROVIDED INPUT ANY SALES TRANSACTIONS PAGE OR SIMILAR SOFTWARE FUNCTION, ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. FURTHER, WE DO NOT WARRANT THAT PUBLISHED FEES BASED ON USER-PROVIDED INPUT IS AN ACCURATE OR TRUE REFLECTION OF THE FEES, TERMS AND CONDITIONS THAT WILL BE BINDING BETWEEN THE CONTRACTING PARTIES.

10. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES OR ANY ASPECT OF THE FREEMARR HOMES SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE FREEMARR HOMES™ SITES OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE FREEMARR HOMES SITES OR SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE FREEMARR HOMES SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Indemnity of Us. You agree to indemnify and hold us harmless, and, at our request, to defend us from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) the Services, any aspect of the FREEMARR HOMES Sites, or any other activities of yours accomplished using the Services or the FREEMARR HOMES Sites.

12. Order of Precedence. This Agreement governs your use of the FREEMARR HOMES Sites and access to the Services. This Agreement does not modify, alter or amend any other agreement you have entered or will enter into with us or any of our related or affiliated entities. To the extent that any provision of this Agreement or any supplemental agreement offered as any part of any registration for additional Services on the FREEMARR HOMES Site, conflicts with any provision of your other agreements with us or any of our related or affiliated entities, the terms of such other conflicting term(s) of this Agreement.

13. Choice of Law and Forum. The Services are controlled by us from within the State of FLORIDA, USA, although the Freemarr Homes™ Site may be accessed and used throughout the world. By submitting a registration or by accessing or using the Services, you and we each agree that the substantive laws of the State of FLORIDA will govern, depending on which of those States’ jurisdictional prerequisites are met with respect to all matters relating to or arising from this Agreement, or the use (or inability to use) the Services, and that such laws will apply without regard to principles of conflict of laws. You and we agree and hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in the cities of Brandon or Tampa, Florida with respect to such matters. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or be forever barred.

14. Miscellaneous Terms. Subject to the terms of this Agreement (your Franchise Agreement with us, if any) and our other operating rules and policies for the FREEMARR HOMES Sites, this Agreement constitutes the entire agreement between you and us with respect to the subject matter addressed herein, and governs your use of the Services, superseding any prior agreements between you and us relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with us pursuant to a registration to access certain features of the FREEMARR HOMES Sites. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

Without limiting the foregoing, our Services at the FREEMARR HOMES Sites are not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT ACCESS THE FREEMARR HOMES SITES OR USE THE SERVICES AND DO NOT PROVIDE ANY AGE-SPECIFIC INFORMATION TO US. IF SO, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND DO NOT ACCESS THE FREEMARR HOMES SITES.

BY ANY ACT ON YOUR PART TO USE THE FREEMARR HOMES SITE OR THE SERVICES IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS, POLICIES AND PROCEDURES INCORPORATED INTO IT.

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