Except where we specify otherwise, AdamsPolk.com offers you access to the AdamsPolk.com Web Site solely for your personal and non-commercial uses. You promise that you will not use the AdamsPolk.com Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, lists of users, databases or other lists, products or services provided through or obtained from the AdamsPolk.com.

This means, among other activities, that agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the AdamsPolk.com Web Site in any manner that could damage, disable, overburden, or impair the AdamsPolk.com Web Site or interfere with any other party's use and enjoyment of the AdamsPolk.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the AdamsPolk.com Web Site.

If and when requested by AdamsPolk.com you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of AdamsPolk.com, you agree that you will not access or attempt to access password protected, secure or non-public areas of the AdamsPolk.com Web Site. Unauthorized individuals attempting to access prohibited areas of the AdamsPolk.com Web Site may be subject to prosecution.

You agree that AdamsPolk.com may in its sole discretion and at any time terminate your access to and use of the AdamsPolk.com Web Site, or any part thereof, with or without notice.

The AdamsPolk.com Web Site contain content and information originated by AdamsPolk.com (the "AdamsPolk.com Content"). AdamsPolk.com presents and makes available such content and information through the AdamsPolk.com Web Site as a public service, for the sole purpose of aiding you, the individual consumer in selecting a quality custom home bilder.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO ADAMSPOLK.COM CONTENT IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADAMSPOLK.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF SUCH INFORMATION. HOMESTORE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADAMSPOLK.COM SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOMESTORE.COM WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD ADAMSPOLK.COM AND ITS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION PROVIDED BY YOU TO THE ADAMSPOLK.COM WEB SITE.

THE INFORMATION CONTAINED IN AND PROVIDED THROUGH HOMESTORE.COM'S INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. ADAMSPOLK.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACTIY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES.

ADAMSPOLK.COM SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL ADAMSPOLK.COM BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.

GENERAL TERMS

This Agreement is governed by the laws of the State of Texas, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Texas in all disputes arising out of or relating to the use of the AdamsPolk.com Web Site. Use of the AdamsPolk.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AdamsPolk.com as a result of this Agreement or use of the AdamsPolk.com Web Site. AdamsPolk.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of AdamsPolk.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AdamsPolk.com Web Site or information provided to or gathered by AdamsPolk.com with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and AdamsPolk.com with respect to the AdamsPolk.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AdamsPolk.com with respect to the AdamsPolk.com Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ADAMSPOLK.COM, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

You agree to indemnify, defend and hold harmless AdamsPolk.com, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

All materials on the AdamsPolk.com Web Site (as well as the organization and layout of the AdamsPolk.com Web Site) are owned and copyrighted or licensed by AdamsPolk.com, its affiliates or its suppliers. (c) 2004-2006 AdamsPolk.com Services Co., Inc. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the AdamsPolk.com Web Site is permitted without the written permission of AdamsPolk.com. Any rights not expressly granted herein are reserved.