Terms and Conditions
Please read the following very carefully. By purchasing
the services offered at HollyTreeHomes.net, you hereby
agree to the following TERMS AND CONDITIONS and all
associated policies. If you do not agree to the terms
and conditions, you must stop using this site, as these
are legally binding and will affect your rights. This
agreement may change from time to time and you can find
the latest version in this page. Your use of this Web
Site and the services provided, shall be deemed to
constitute your consent to be bound by the terms and
conditions of the Agreement and shall be enforceable in
the same way as if you had signed the Agreement.
No agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or
created by this Agreement.
Compliance With Laws
You agree to comply with all applicable local, national
and international laws regarding your use of the Web
Site, including, without limitation, laws regarding
import/export of technical data by virtue of your online
transmission. Without exception, under all
circumstances, HollyTree Homes cannot be held
responsible for your non-compliance to any of the
applicable laws.
Disclaimer
HollyTree Homes WILL NOT BE RESPONSIBLE FOR ANY DAMAGES
YOU OR YOUR BUSINESS MAY SUFFER. HollyTree Homes MAKES
NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR
SERVICES WE PROVIDE. HollyTree Homes DISCLAIMS ANY
WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM
DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL
SERVICE INTERRUPTIONS CAUSED BY HollyTree Homes AND ITS
EMPLOYEES. HollyTree Homes RESERVES THE RIGHT TO REVISE
ITS POLICIES AT ANY TIME.
MEMBERS SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT TO
ANYONE ELSE. HOWEVER, HollyTree Homes MAY ASSIGN THE
MEMBER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME
WITHOUT CONSENT FROM OR NOTICE TO THE MEMBER. HollyTree
Homes RESERVES RIGHT TO CANCEL MEMBERS RIGHTS UNDER THIS
CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HollyTree Homes
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 HollyTree Homes HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(1) THE USE
OF, OR THE INABILITY TO USE, THIS WEB SITE; (2) THE USE
OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THIS WEB
SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB
SITE; OR (6) ANY OTHER MATTER RELATING TO THIS WEB SITE.
Regardless of the previous paragraphs in this section,
if we are found to be liable, our liability to you or to
any third party is limited to the greater of (a) the
total fees you paid to us in the 6 months prior to the
action giving rise to the liability, and (b) $100.
Indemnification
You agree to indemnify and hold harmless HollyTree
Homes, its directors, officers, employees, agents,
co-branders, subsidiaries, parents, and affiliates, from
and against any and all liability, losses, claims,
demands, disputes, damages, and costs of any kind,
including, without limitation, reasonable attorneys'
fees and costs of litigation resulting from or in any
way connected with your use of the Web Site; Content you
submit, post, or transmit through the Web Site; your
breach of the Agreement; and your connection to the Web
Site.
Proprietary rights and Trademarks
You acknowledge and agree that the contents and
materials available on the HollyTreeHomes.net site and
the software used in connection with HollyTreeHomes.net
contain proprietary and confidential information that is
protected by applicable intellectual property and other
laws. Unless expressly authorized by HollyTree Homes,
you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the
HollyTreeHomes.net site's contents, materials or the
software, in whole or in part. Except as expressly
provided in this Agreement, you are NOT granted any
rights or license to any intellectual property with
respect to the HollyTreeHomes.net site or its contents.
HollyTree Homes reserves all rights and the name "Berybos"
and its respective logos, are HollyTree Homess'
trademarks. You are not allowed to use or display any of
these unless you have our prior express written
permission.
MODIFICATION, SUSPENSION, TERMINATION
You agree that HollyTree Homes may, in its sole
discretion, and at any time, modify, discontinue, or
suspend its operation of this Web Site, or any part
thereof, temporarily or permanently, without notice to
you, and you agree that HollyTree Homes will not be
liable for the consequences of doing so. You also agree
that HollyTree Homes may, in its sole discretion, and at
any time, completely terminate your use of the Web Site,
and may remove or delete any or all of your Content
within the Web Site, without prior notice to you for any
reason that HollyTree Homes, in its sole discretion,
deems appropriate. You further agree that HollyTree
Homes will not be liable to you or to any third party
for the consequences of any termination of your use of
or access to the Website.
As this terms and conditions may change from time to
time, you should check back periodically, in order to
stay informed.