{"id":1968,"date":"2021-02-24T16:30:26","date_gmt":"2021-02-24T16:30:26","guid":{"rendered":"https:\/\/modularhomes.tv\/?page_id=1968"},"modified":"2022-02-05T12:12:22","modified_gmt":"2022-02-05T17:12:22","slug":"terms","status":"publish","type":"page","link":"https:\/\/modularhomes.tv\/terms\/","title":{"rendered":"Terms"},"content":{"rendered":"\n
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TERMS OF USE<\/strong><\/h1>\n\n\n\n
Last updated February 27, 2021<\/h5>\n\n\n\n
AGREEMENT TO TERMS<\/h5>\n\n\n\n
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These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (\u201cyou\u201d) and Modular Homes TV (“Company”, \u201cwe\u201d, \u201cus\u201d, or \u201cour\u201d), concerning your access to and use of the modularhomes.tv <\/a> website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the \u201cSite\u201d).<\/strong> You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.<\/strong><\/em><\/p>\n\n\n\n

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Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the \u201cLast Updated\u201d date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.<\/p>\n\n\n\n

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The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.<\/p>\n\n\n\n

INTELLECTUAL PROPERTY RIGHTS<\/h5>\n\n\n\n

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the \u201cContent\u201d) and the trademarks, service marks, and logos contained therein (the \u201cMarks\u201d) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site \u201cAS IS\u201d for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.<\/p>\n\n\n\n

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.<\/p>\n\n\n\n

USER REPRESENTATIONS<\/h5>\n\n\n\n

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.<\/p>\n\n\n\n

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).<\/p>\n\n\n\n

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PRODUCTS<\/summary>
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We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. If the vendor store owner cancels their subscription, their product pages will not be deleted but will show related or similar products for sale.<\/em><\/strong><\/p>\n\n\n\n

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PROHIBITED ACTIVITIES<\/summary>
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You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.<\/p>\n\n\n\n

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CONTRIBUTION LICENSE<\/summary>
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You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).<\/p>\n\n\n\n

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.<\/p>\n\n\n\n

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.<\/p>\n<\/div><\/details><\/div>\n\n\n\n

TERM AND TERMINATION<\/summary>
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These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.<\/p>\n<\/div><\/details><\/div>\n\n\n\n

GOVERNING LAW<\/summary>
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These terms shall be governed by and defined following the laws of North Carolina and yourself irrevocably consent that the courts of North Carolina shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms<\/p>\n<\/div><\/details><\/div>\n\n\n\n

RESTRICTIONS<\/summary>
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The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.<\/p>\n<\/div><\/details><\/div>\n\n\n\n

Exceptions to Information Negotiations and Arbitration<\/summary>
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The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.<\/p>\n<\/div><\/details><\/div>\n\n\n\n

CORRECTIONS<\/summary>
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There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.<\/p>\n<\/div><\/details><\/div>\n\n\n\n

DISCLAIMER<\/summary>
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THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE\u2019S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND\/OR ANY AND ALL PERSONAL INFORMATION AND\/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND\/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE<\/p>\n<\/div><\/details><\/div>\n\n\n\n

INDEMNIFICATION<\/summary>
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You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys\u2019 fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.<\/p>\n<\/div><\/details><\/div>\n\n\n\n

USER DATA<\/summary>
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We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.<\/p>\n<\/div><\/details><\/div>\n\n\n\n

VIDEO PLAYER<\/summary>
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Modular Homes TV uses each search engine\u2019s default video player (Google Chrome, Firefox, Internet Explorer, etc.) and has modified them to have a better look and functionality. In the event that the above browser’s default, video player, does not function because of code error, I will not hold Modular Homes TV responsible. <\/p>\n\n\n\n

We provide our subscribers the option to make their video available to their end-users in standard-definition (480p + 480i) and high-definition (720p, 1080i, + 1080p) resolutions. Your viewers have an option to choose HD or SD depending on the video files provided.<\/p>\n\n\n\n

We do not guarantee or promise the perfect viewing experience based on the quality of the video file uploaded by the subscriber or the device used by the end-user or the quality of the viewer\u2019s Internet download speed or internet services.<\/p>\n<\/div><\/details><\/div>\n\n\n\n

CLOUDFRONT CDN<\/summary>
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Modular Homes TV uses a CDN and we make no promises for a 100% viewing experience in the event the CDN experiences technical difficulties.<\/p>\n<\/div><\/details><\/div>\n\n\n\n

VIEWS<\/summary>
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Modular Homes TV makes no guarantee or promises for views to sponsors or partners in any manner.<\/p>\n<\/div><\/details><\/div>\n\n\n\n

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PURCHASES AND PAYMENT<\/summary>
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We accept the following forms of payment:<\/p>\n\n\n\n