Amerites, LLC Website Terms and Conditions

(Version 1.1)

 Welcome to Amerites, LLC's (herein after "Amerites") website (the "Site")! These terms of use ("Site Terms") apply to your access to and use of our Site, so please read them carefully. They do not alter in any way the terms or conditions of any other written or online agreement you may have with us. We reserve the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site or the Amerites' services (the "Services"), at any time and in its sole discretion. If the Site Terms are changed, we will post the new terms on the Site and change the version number accordingly. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Site or the Services following the posting of such changes or modifications will constitute your acceptance of the Site Terms as revised. THESE SITE TERMS CONTAIN IMPORTANT DISCLAIMERS AND PROVISIONS FOR DISPUTE RESOLUTION THAT YOU SHOULD READ.

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

If you have any questions or comments regarding the Site or its contents, please direct them to info@amerites.com .

  Privacy

You can learn about Amerites's information practices regarding the collection, use and disclosure of personal information by reading the Amerites privacy policy.

License and Site Access

Amerites grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Amerites or any third party.

You may not use, frame or utilize framing techniques to enclose any Amerites trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Amerites's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an Amerites name, trademark, or product name without Amerites's express written consent.

Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the Amerites logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2005-2006 Amerites and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Amerites or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Amerites or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.

Copyright Complaints

Amerites respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Amerites's copyright agent the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Amerites's Copyright Agent for notice of claims of copyright infringement on this Site is Frank Faroughian, who can be reached as follows:

Trademarks and Service Marks

Amerites, the Amerites logo, and the products and services described in this Site are either trademarks, service marks or registered or unregistered trademarks of Amerites and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Amerites or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Amerites, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Amerites. All other trademarks, registered trademarks, product names and Amerites names or logos mentioned herein are the property of their respective owners.

Linking

Links to the Site. You are granted a limited; non-exclusive right to create a hyperlink to this Site provided such link does not portray Amerites or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use an Amerites logo or other proprietary graphic or trademark of Amerites to link to this Site without the express written permission of Amerites. This limited right may be revoked at any time.

Third-Party Links. Amerites makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Amerites and Amerites is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Amerites is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Amerites of the site or any information contained therein. When leaving the Amerites site, you should be aware that Amerites's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Amerites, or postings on this Site, are non-confidential (subject to Amerites's Privacy Policy) and shall become the sole property of Amerites. Amerites shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Amerites, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Financial Material Disclosure

Forward-Looking Statements. This Site, and any documents issued by Amerites and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. Amerites undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.

Press Releases. The information contained within press releases issued by Amerites should not be deemed accurate or current except as of the date the release was posted. Amerites has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Third-Party Financial Information. Amerites may provide links to third-party Web sites or services that contain financial or investment information about Amerites. Access to such Web sites and the information contained therein is provided as a service to those interested in the information. Amerites neither regularly monitors nor has control over the content of third parties' statements or Web sites. Accordingly, Amerites does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Amerites makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.

Disclaimers

"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER. AMERITES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. AMERITES DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. AMERITES IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE AMERITES ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, AMERITES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Amerites reserves the right to change any and all content, including prices, contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Amerites.

All prices are subject to change at any time. Prices shown refer to the base house and do not include any options or extras. Please consult Amerites sales associates for specific price information for each home in each community.

Limitation of Liability

IN NO EVENT SHALL AMERITES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AMERITES (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF AMERITES'S SITE EXCEED $10.00 OR THE COMPENSATION YOU PAID AMERITES, WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Applicable Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the state of Texas, applicable to agreements made and entirely to be performed within the state of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Harris County, Houston, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Dispute Resolution

PLEASE READ. IT IS IMPORTANT THAT YOU READ THIS SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH FINAL AND BINDING ARBITRATION INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

The arbitration process established by this section is governed by the Federal Arbitration Act (the "FAA") (9 U.S.C. §§1-16). The FAA, not state law, governs whether a claim related to this Agreement is subject to arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims including those against any subsidiary, parent or affiliate companies arising out of any aspect of our relationship (including but not limited to this Agreement, our Privacy Policy, Acceptable Use Policy or the Service or any equipment used in connection with the Service). All such disputes or claims whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration.

Any dispute relating in any way to your visit to the Site or to products you purchase through the Site, if any, shall be submitted to confidential arbitration in Harris County, Houston, Texas, except that, to the extent you have in any manner violated or threatened to violate Amerites's intellectual property rights, Amerites may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

For claims of less than $1,000, you will be obligated to pay $99 and we will pay all other administrative costs and fees (excluding attorney fees and expenses). For arbitrations in excess of $1,000, all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

BY THIS AGREEMENT, BOTH YOU AND WE ARE WAIVING CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT.  YOU AND WE BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT ON A CONSOLIDATED, CLASS WIDE OR REPRESENTATIVE BASIS.  IF FOR ANY REASON THIS ARBITRATION CLAUSE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THIS ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WE BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHTS TO TRIAL BY JURY AND TO PURSUE ANY CLAIMS ON A CONSOLIDATED, CLASS WIDE OR REPRESENTATIVE BASIS.

Termination

Notwithstanding any of these terms and conditions, Amerites reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.