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TERMS OF SERVICES AGREEMENT
AND WEBSITE PRIVACY POLICY
FOR WEBSITES OWNED OR OPERATED BY
ROCK SOLID DESIGN BUILD HOMES, LLC
ROCK SOLID REAL ESTATE & DEVELOPMENT, LLC
(Updated July, 2006)
Acceptance of Terms
This Website terms of service and online privacy agreement (the "Agreement") applies to Websites owned and operated by [Rock Solid Design Build Homes, LLC] [Rock Solid Real Estate & Development, LLC] and its designated agents or service providers (Collectively, "Rock Solid"). Your use of such Websites is conditioned upon your acceptance without modification of the terms, conditions, and notices contained or referenced in this Agreement without modification.
This Agreement identifies the type of information Rock Solid, its affiliates and subsidiaries, may collect from its customers and how Rock Solid uses this information. Your use of this Website may also be governed by other terms and conditions contained on separate user agreements. If you have any questions about this policy, or the manner in which Rock Solid uses personal information, we encourage you to contact us at info@rocksolid-customhomes.com.
Disclosure to Prospective Buyers
Rock Solid Real Estate & Development, LLC may act as the agent for certain sellers of property listed on the Website (herein "Seller") in providing brokerage services in connection with the sale of property listed on the Website or offered through Rock Solid Real Estate & Development, LLC. Paul T. Ayres ("Ayres") is a Wisconsin real estate licensee and may act as an agent for Rock Solid Real Estate & Development, LLC ("Broker") and/or Seller in providing brokerage services in connection with the sale of property listed on the Website or offered through Rock Solid Real Estate & Development, LLC. Seller, Broker and/or Ayres may make recommendations, suggestions and/or referrals (collectively "Referrals") to a buyer regarding the home construction or other service of Rock Solid Design Build Homes, LLC ("Builder"). Builder has an ownership interest in Seller. Ayres has an ownership interest in each of Broker, Seller and Builder. Seller, Broker, Builder and/or Ayres may receive compensation and/or other benefits in connection with providing brokerage services and/or making Referrals as described herein or otherwise in connection with the sale of property listed on the Website
Use of Customer Information
Rock Solid respects the privacy of its customers and takes steps to prevent unauthorized disclosure of customer information to third parties. Customer information includes any and all information received by Rock Solid from its customers, whether such information is received by email, online forms, telephone, facsimile, mail or otherwise. Rock Solid stores this information to enable it to fulfill orders or to improve the level of service to its Customers. Rock Solid also shares certain personal and/or financial information with its merchant account and banking vendors to process orders and payments and with common carriers to ship products to you. Unless required by law or by court order, Rock Solid will not disclose, share or sell any customer information to any other third party without your prior authorization. Unless otherwise stated, this privacy policy does not apply to information posted by users to publicly accessible portions of our Websites, including but not limited to, online forums, bulletin boards, dealer listings or online auction services.
Personal Information Collected by Rock Solid
Throughout our Website there are forms that request information from you and/or allow you to obtain products and/or services offered by Rock Solid. These forms typically ask for contact information (such as name, mailing address and email address), membership, login and password information. The provision of such information by you is entirely voluntary. If you elect or opt in to receive information from us or be contacted by us in response to an inquiry, we will ask for a valid email address and telephone number so we can inform you of other products or services available or to contact you about your opinion of current products and services or potential new products and services that may be offered. You may opt out of receiving future mailings from Rock Solid by following the procedures detailed in the Choice/Opt Out section located below, on forms located on our Website or in emails you receive from us. You may also request that we delete any personal information from our customer databases at any time by contacting Rock Solid. In certain cases, Rock Solid, may forward purchasing and shipping information to vendors who ship products or provide services directly to consumers. Such third party vendors and suppliers are not bound by this privacy policy.
Choice/Opt Out and Contact Information
You may request copies of or have Rock Solid make changes or corrections to personal information in Rock Solid' possession by contacting Rock Solid at info@rocksolid-customhomes.com .
You may opt out of receiving further communications from us or others through any of the following methods:
Send an email to info@rocksolid-customhomes.com .
Send a request by mail to:
Rock Solid Custom Homes
1 American Blvd.
Eau Claire, WI 54701
Call
715-855-7600
IP Address Logging
Rock Solid's web servers collect domain names and/or IP addresses of users to measure what pages and features are accessed by our visitors. Rock Solid uses software such as Web Trends to collect and analyze this information. This information helps us administer the site, improve content and gather broad demographic information for aggregate use. Rock Solid links IP addresses to personally identifiable information submitted to Rock Solid. This information is used to verify whether a visitor has opted in to receiving additional information from Rock Solid.
Cookies
Rock Solid may use cookies or similar files or scripts throughout its Website to enhance your convenience in using our Website, to improve search functionality or to hold information that you would otherwise need to re-key. Cookies are text files collected by a user's web browser. If you do not wish to accept cookies from our Website, you may configure your web browser so that it does not accept cookies; however, you may lose certain functions available on our Website.
Links
The Rock Solid Website may contain links to other Websites not affiliated with Rock Solid, including Websites of Rock Solid' vendors and service providers. Rock Solid is not responsible for the privacy practices or the content of such other sites. By including links to other Websites, we neither endorse such sites nor guarantee that the information they contain is accurate. We encourage you to be aware when you leave our site to read the privacy statements of every linked Website as the privacy policies of each may differ from ours. This privacy statement applies solely to Websites owned or operated by Rock Solid.
Changes to Privacy Policy
In the future, Rock Solid may offer new and different programs that necessitate a change in this Policy. Rock Solid reserves the right to change its privacy policy at any time without prior notice. Any changes to the privacy policy will be posted on this page and will be effective immediately upon posting.
Governing Law and Jurisdiction
This Policy, and Rock Solid's collection and use of customer information, shall be governed and interpreted in accordance with the laws of the United States and the state of Wisconsin. Any disputes arising out of this Policy shall be adjudicated in a court of competent jurisdiction in the Western District of the State of Wisconsin.
Security We are committed to preventing others from unauthorized access to the personal information you provide to us, and we maintain commercially reasonable procedures and technology designed for this purpose. This Website has reasonable technical and organizational security measures in place to protect the loss, misuse or alteration of information under our control. However, we cannot guarantee that unauthorized third parties will never be able to defeat those security measures. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update and test our technology in order to improve the protection of customer information.
We suggest that you install anti-virus software on your computer and routinely check for viruses, keyloggers, spyware and other programs that may become installed on your computer without your permission. If you believe that you have received a virus from Rock Solid, please contact us as soon as possible so that we may take remedial measures to remove the virus.
Rock Solid does not send emails to customers requesting billing, login or password information. If you receive an email purporting to be from Rock Solid that asks you to provide personal or account information, or login and passwords, do not provide such information unless you have first verified that the Website or email is from Rock Solid. Such emails may be fraudulent and used in connection with scams known as phishing. Rock Solid asks that you report any suspicious emails or Websites to Rock Solid.
Typographical Errors
In the event content on the Website contains incorrect information, or a product is listed at an incorrect price, due to typographical errors or errors in pricing information, Rock Solid shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Rock Solid shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Rock Solid shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Unsolicited Ideas
Rock Solid welcomes feedback, questions and comments about its products, services and this Website. As a general policy, Rock Solid does not accept unsolicited ideas for products or services through this Website. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to this Website by e-mail or otherwise are and shall remain the sole and exclusive property of Rock Solid and may be used by Rock Solid for any purpose whatsoever, commercial or otherwise, without compensation to you.
Ownership Notice and Usage Restrictions
This Website and all content contained on this Website, including all names, logos, graphics, photographs and text, copyrights, service marks, and trademarks are the exclusive property of Rock Solid. You may not copy, reproduce, republish, post, distribute, transmit, or modify or otherwise use in any way any part of the Website without the express prior written consent of Rock Solid. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the site; to do so may subject you to legal liability. Rock Solid will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.
Disclaimer of Warranties and Limitation of Liability
This Website is made available to users AS IS without any warranty of any kind. Rock Solid makes no representations, guarantees, or warranties regarding the accuracy, reliability, confidentiality (except as set forth in the Privacy Policy) or completeness of the content (text and/or images) of this Website. Rock Solid, to the greatest extent permissible by law, disclaims any and all warranties, express or implied. Further, Rock Solid does not warrant or represent that this site or the server that makes it available is error-free or that the site will be uninterrupted or free of defects, including, without limitation, computer viruses, worms, bugs, timebombs, or any other similar problems and/or defects.
Rock Solid shall not be liable for damages of any kind including, without limitation, compensatory, special, incidental, exemplary, lost profits, loss of revenue, and/or consequential damages arising out of your access to or inability to access this Website, or your use of or reliance upon this site or the content hereof. In addition, Rock Solid has no duty to update this site, or the content thereof, and Rock Solid shall not be liable for any failure to update such information. Further, Rock Solid is neither responsible nor liable for your use of other Web sites that you may access via links within this site. Those links and other resources referenced on this site are provided merely as a service to users, and inclusion in Rock Solid' site does not constitute an endorsement by nor affiliation with Rock Solid.
Reservation of Rights
Rock Solid, in its sole discretion, reserves the right to take all action or inaction as allowed by law. If any term, condition, or provision of these Terms and Conditions of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These Terms and Conditions of Use constitute the entire representation made by Rock Solid relating to the subject matter herein.
Modifications to Service
Rock Solid reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Website or any content contained therein for any reason and at anytime without notice to you. Rock Solid is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website.
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