By using this website, www.StartMyHome.com, you are indicating that you are 18 years old or older and agree to be bound by the terms of this Agreement. If you do not agree to be bound by this Agreement, you may not use this web site. You may print and keep a copy of this Agreement, and we may periodically change the Agreement without notification. Operation Simulations Associates, Inc., Babb International, Inc., and StartMyHome.com are separate entities and will be referred to collectively as the "Host." Companies advertising on this website are referred to collectively as "Vendor" in accordance with our Vendor/Partner Agreement. Host and Vendor are independent contractors and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Host and Vendor have no authority to make or accept any offers or representations on the behalf of the other. The parties will make no statement, whether on the site or otherwise, that reasonably would contradict anything previously agreed upon. Customers and/or visitors are referred to collectively in this Agreement as "User." Users are responsible for all statements, acts, and omissions that occur while using the site, and no one may use this web site for any unlawful purposes. Mention of and links to third parties' companies and products are for informational purposes only and constitute neither an endorsement nor a recommendation and are not intended to suggest any affiliation unless expressly stated. Users may be able to access other Internet sites not created by Operation Simulations Associates, Inc. and/or its affiliates. The reliability, availability, legality, performance, and other aspects of resources on the Internet sites, other than those created by Operation Simulations Associates, Inc. and/or its affiliates, are beyond control of the host, and the host makes no representations or warranties with respect to such web sites. Customers who buy products from the Internet sites will be deemed to be customers of the vendor. Accordingly, the vendor’s rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers, and the host makes no representations or warranties concerning such. The content available through the web site is the property of the host or its licensors, including, but not limited to, articles, photographs, images, illustrations, audio clips, video clips, software, and databases and is protected under United States copyright law. Users of the web site agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content to anyone, without the prior written consent of Operation Simulation Associates, Inc. To request consent please contact us at admin@osa.comax.com. Policies and PricingUsers who buy products from the web site will be deemed to be customers of the vendor. Accordingly, the vendor’s rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. Vendor may change policies and operating procedures at any time. For example product prices and availability may vary from time to time. Term and Termination of the AgreementThe term of this Agreement will continue unless terminated by either party by written notification. If you wish to be deleted from the user database, please contact us at admin@osa.comax.com. Limitation of LiabilityHost will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits or data) arising in connection with this Agreement, even if advised of the possibility of such damages. This web site may contain interactive functions such as forums, my workspace, etc. enabling the ability to post comments about products. The highest degree of professionalism is expected and required from those who utilize these functions. Visitors can not post the following to the web site without the permission of the owner: - material that is copyrighted
- material that includes trade secrets
- material that infringes on any intellectual property, privacy, or publicity right of others
Visitors can not post material that is obscene, defamatory, threatening, harassing, or abusive to others nor chain letters on this web site. The host does not represent, warrant, or screen posted material; however the host has the right to delete anything posted that does not comply with the restrictions posted above. The host is under no obligation to do so and assumes no responsibility for material posted. The host reserves the right to prevent certain users from accessing the web site, and the host may remove communication from any person or entity that is in violation of the terms of this Agreement. 5. Disclaimers Host makes no express or implied warranties or representations with respect to the web site or any products sold (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, host makes no representation that the operation of the site will be uninterrupted or error-free, and is not liable for the consequences of any interruptions or errors. 6. Miscellaneous This Agreement will be governed by the laws of the United States and the state of Georgia, without reference to rules governing choice of laws. In the event of a dispute, claim, or controversy arising out of this agreement, the parties agree to submit to mediation in Ringgold, GA. If mediation is not successful then the dispute shall be settled by binding arbitration in accordance with the then prevailing commercial rules of the American Arbitration Association. The location of the arbitration shall be in Ringgold, GA, and the parties irrevocably consent to the jurisdiction of these proceedings. Either party may assign this Agreement without the prior written consent of the other. This Agreement will be binding on, inure to the benefit of, and enforceable against, the parties and their respective successors and assigns. Failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of right to subsequently enforce such provision or any other provision of this Agreement. |