Terms

GENERAL TERMS

Section 1. Changes

EHI reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Web Site and any and all features and sections contained therein, without notice to registered users provided via posting to the Website or email, and immediately in the event of technical difficulties. EHI shall not be liable to any User or to any third party for any such modification, suspension or discontinuance.

Section 2. IP Rights and Ownership

The contents of the Web Site, such as text, graphics, images, audio, video and other material, as well as the underlying html source code of the Web Site ("Material"), are protected by copyright under both United States and foreign laws, and are owned or controlled by EHI or by third parties that have licensed their Material to EHI. Unauthorized use of the Material may violate copyright, trademark, and other laws. User must retain all copyright and other proprietary notices contained in the original Material on any copy User makes of the Material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Material, in whole or in part, or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. User may download EHI's copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Material will be permitted without the express permission of EHI and the copyright owner. In the event of any permitted copying, redistribution or publication of the Material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading the Material. The trademarks, logos and service marks (the "Marks") displayed on the Web Site are owned by EHI or third parties. User is prohibited from using those Marks without the express, written permission of EHI or such third party. If User would like information about obtaining EHI's permission to use the Material on your website, e-mail information@elliotthomes.com. EHI and all related logos, whether or not registered, are trademarks belonging to EHI. All rights reserved. All other trademarks appearing on the Web Site are the property of their respective owners.

Section 3. Links

EHI [or any Member] may provide links to third party websites. These links are provided solely as a convenience to User and not as an endorsement by EHI of the contents on such third-party Web sites. EHI is not responsible for the content of linked third-party sites. EHI exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party Web sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained thereon. EHI shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Users acknowledge their use of these third party websites is at their sole risk.

Section 4. Representations and Warranties - Liability Disclaimers

User represents, warrants and covenants that (a) they will use the Web Site for lawful purposes only; (b) no materials of any kind submitted through their account that (i) violate or infringe in any way upon the rights of others; (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene or profane in the sole discretion of EHI; (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (iv) contains any advertising or solicitation with respect to products or services (without the express prior written approval of EHI). The Material may contain inaccuracies or typographical errors. EHI makes no representations warranties or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and User should consult an appropriate professional for specific advice tailored to their situation.

USER REPRESENTS, WARRANTS AND COVENANTS THAT THEY WILL (A) USE THE WEB SITE FOR LAWFUL PURPOSES ONLY; (B) NOT USE MATERIALS OF ANY KIND SUBMITTED THROUGH THEIR ACCOUNT THAT (I) VIOLATE OR INFRINGE IN ANY WAY UPON THE RIGHTS OF OTHERS, (II) ARE UNLAWFUL, THREATENING, ABUSIVE, DEFAMATORY, VULGAR, OBSCENE OR PROFANE IN THE SOLE DISCRETION OF EHI, (III) ENCOURAGE CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY LAW, OR (IV) CONTAINS ANY ADVERTISING OR SOLICITATION WITH RESPECT TO PRODUCTS OR SERVICES (WITHOUT THE EXPRESS PRIOR WRITTEN APPROVAL OF EHI). THE MATERIAL MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. EHI MAKES NO REPRESENTATIONS WARRANTIES OR ENDORSEMENTS WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE AND THE MATERIAL. ADVICE RECEIVED VIA THIS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND USER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO THEIR SITUATION.

Section 5. Disclaimers of Certain Damages

IN NO EVENT SHALL EHI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EHI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE. UNDER NO CIRCUMSTANCES SHALL EHI BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.