From time to time we may update this Wellborn Property and theseTerms. Your use of this Wellborn Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Wellborn may, in its sole discretion, and at any time, discontinue this Wellborn Property or any part thereof, with or without notice, or may prevent your use of this Wellborn Property with or without notice to you. You agree that you do not have any rights in this Wellborn Property and that Wellborn will have no liability to you if this Wellborn Property is discontinued or your ability to access the Wellborn Property or any content you may have posted on the Wellborn Property is terminated.
Copyright © 2014 Wellborn, Inc. All rights reserved. The materials on this site, including without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floorplans, are original copyrighted materials owned by Wellborn Inc. or its subsidiaries and/or affiliates. These materials are protected by federal law against unauthorized copying and reproduction. Our website content is provided for yourpersonal informational purposes only. You may print a single hard copy for your personal use. You may not otherwise use, copy, modify, distribute, republish, or transmit any of the content or materials from the Wellborn Property without our written permission. You agree that if you violate this prohibition, you maybe subject to all legal remedies available to Wellborn. You will also be responsible for any other losses, attorneys' fees or costs Wellborn may incur due to your violation.
Trademarks and Service Marks
These are some of the trademarks and service marks that belongto us or our related companies: WELLBORN®, WELLBORN HOMES®, WELLBORN MORTGAGE®. A number of these marks may be registered with the United States Patent and Trademark Office. Wellborn Inc. also has trademark rights to other marks that may not be listed here, registered and unregistered, including its several logos and designs.
YOU MAY NOT USE THESE MARKS WITHOUT OUR EXPRESS WRITTEN PERMISSION. You agree that if you violate this prohibition, we will pursue allof our legal remedies. You will be responsible for any losses or fees Wellborn Inc. may incur because of your violation.
The web site may also contains trademarks and service marks thatbelong to third parties. These other trademarks and service marks are the property of their respective owners. If a third party makes a claim or initiates suit against Wellborn Inc. due to your use of these other marks without the permission of the proper party, you agree to indemnify and hold Wellborn Inc. harmless from such claim or suit. You also agree to reimburse Wellborn Inc. for all losses, attorneys' fees and costs that Wellborn Inc. incurs in connection with such claim or suit.
Certain parts of this web site may require a password. Wellborn Inc. may provide you with a password. Whether Wellborn Inc. provides your password or you create your own, Wellborn Inc. will not share your password with anyone. It is your responsibility to keep your password confidential and secure. You should also take care to log off (close your browser) after using your password on the website. You are responsible for all interactions that occur on this web site using your password.
User Submissions and Content
The following requirements apply to your use of the Wellborn Property: (a) you will not use any electronic communication feature of the Wellborn Property for any purpose that is unlawful, tortious, abusive,intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;(c) you will not collect or store personal data about other users; (d) you will not use the Wellborn Property for any commercial transactions that are unrelated to the purposes for which the Wellborn Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files,or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of the Wellborn Property youmay be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Wellborn; that you will not post any contentthat contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you areunder a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Wellborn, or misrepresent an affiliation with another person ororganization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Wellborn Property, or feature of the Wellborn Property. You further understand and agree that you have no ownership rights in any account you may have with us, or other access to the Wellborn Property or features therein. Wellborn may cancel your account and delete all User Content associated with your account at any time, and without notice, if Wellborn deems that you have violated these Terms, the law, or for any other reason. Wellbornassumes no liability for any information removed from our Wellborn Property, and reserves the right to permanently restrict access to the Wellborn Property or a user account.
By displaying, publishing, or otherwise posting any User Contenton or through the Wellborn Property, you hereby grant to Wellborn a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right tosublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Wellborn Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any otherintellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Wellborn or our initiatives (your “Ideas”). With respect to Ideas you acknowledge that: (a) Wellborn receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Wellborn‘s review of the Ideas is not an admission of novelty, priority or originality; and (b) Wellborn’s use of any similar Ideas, whether based on your User Content, provided to Wellborn by third parties, or independently developed or considered by Wellborn, shall be without obligation to you.
You agree to indemnify and hold Wellborn Inc., its parents,subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Wellborn Inc. or this Wellborn Property.
We try our best to provide accurate information, but information on our website may not always be accurate. Wellborn does not warrant the accuracy and completeness of information, text, graphics, links or items on this web site. THESE WELLBORN PROPERTIES ARE PROVIDED 'AS IS' WITHOUT WARRANTYOF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Our website may have service interruptions. We make no warranty about the reliability of our website.
We shall not be liable for any special, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits whether or not advised of the possibility of damages, and on any theory of liability, arising out of or in connection with your use of the materials. The information on this website may change without notice. The information on this website represents no commitment on our part in the future. We provide our products and services subject to applicable taxes and accompanying terms and conditions.
We reference other companies’ products on our website. Ourwebsite also has links to third party sites that are unaffiliated with Wellborn. This web site contains several references to products of othercompanies and links to other web sites, including web sites of non-affiliatesof Wellborn. Our terms and conditions stated here don’t apply to those websites.The links to those web sites are provided for your convenience only. We do notwarrant or endorse the companies, products, services, information or programsassociated with these web sites. Similarly, we don’t warrant or endorse the non-affiliated companies and products that appear on our website.
This Wellborn Property may be linked to other sites which are not maintained by Wellborn. Wellborn is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Wellborn of the linked sites. Wellborn disclaims any liability for links: (i) from another site to the Wellborn Property and (ii) to another site from the Wellborn Property.
When you use our website, you agree that the state courts in Dallas County, Texas or the United States Federal District Court, Eastern District of Texas, will resolve any disputes arising out of your reliance on the information on this web site, or any interaction with Wellborn involving this web site.
If you have any questions about our website terms, please write us at P.O.Box 190422, Dallas TX 75219. You can call us at (214) 957-5162.
These Terms operate to the fullest extent permissible by law. Accessing materials on this Wellborn Property by certain persons in certain countries may not be lawful, and Wellborn makes no representation that materials on this Wellborn Property are appropriate or available for use in all jurisdictions. If you choose to access this Wellborn Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. This web site may have visitors from various states in the United States and other countries. It may contain references or cross-references to Wellborn products, programs and services that are not available in your jurisdiction. These references do not mean that Wellborn will make such products, programs or services available to residents in your state. Our website is not intended as a solicitation to you if you live in astate where we are not allowed to do business.
If Wellborn fails to act with respect to your breach or anyone else's breach on any occasion, Wellborn is not waiving its right to act with respect to future or similar breaches.