terms & conditions

Personal Home Makeover

3631 Woodridge Dr.
Howell, MI 48843
517-548-7274 office
517-548-9586 fax

Personal Home Makeover’s (otherwise known throughout the remainder of these terms and conditions as PHM) services offered to you, the “user”, conditioned on your acceptance without modification of the terms, conditions, and notices contained in this agreement to all such terms, conditions, and notices.

SECURITY POLICY
PHM uses extensive and sophisticated secure technology to protect your data and transmissions between you and PHM. Here are the highlights:

• Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later).
• Our database is physically separated from our web server and is protected by a physical firewall.

Although PHM has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, PHM cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

You further understand and agree that by registering on the PHM web site or making a request on the PHM site, you have established a business relationship with PHM, and therefore you are extending an express invitation for PHM and our network of PHM building professionals, suppliers and manufacturers to contact you or your immediate family using methods including but not limited to email, US Mail, and by telephone using the information you have provided during registration, and that you hereby consent to allow such communications or telephone calls even if your phone number is on any Do Not Call list.

DESIGN SERVICES
PHM will provide you with one sketch that you will show suggested improvements to the face of your home. The sketch will be derived from the picture(s) or plan of the house that you sent us. This sketch will not be a “scaled” drawing. PHM can provide a scaled (dimensioned) drawing. There is an additional cost for this service. The cost will vary per drawing.

PHM RESERVES THE RIGHT TO USE YOUR PICTURES OR PICTURES TAKEN OF YOUR HOUSE BY PHM ON THEIR WEBSITE OR IN ANY ADVERTISEMENTS.

NATURE OF USE
The contents of the PHM Web Site are intended for the personal, non-commercial use of its users. All materials provided on the PHM Web Site are protected by copyright and owned or controlled by PHM or the party credited as the provider of the content, software or other materials. Users shall abide by all additional copyright notices, information or restrictions contained in any other content accessed through the PHM Web Site. User may not store any significant portion of any content owned by or licensed to PHM in any form. Copying or storing of any content other than for personal, non-commercial use is expressly prohibited.

COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2007 Personal Home Makeover, Inc. and/or its suppliers, participating builders, or manufacturers, 3631 Woodridge, Howell, MI 48843, U.S.A. All rights reserved. PHM t is a service mark of Personal Home Makeover, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.

DISCLAIMERS AND LIMITATIONS
PHM intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by PHM at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." PHM AND/OR ITS SUPPLIERS, PARTICIPATING BUILDERS, OR MANUFACTURERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF PHM’S SERVICES IS AT YOUR OWN RISK. PHM AND/OR ITS SUPPLIERS, PARTICIPATING BUILDERS, OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PHM'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PHM AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY
As a condition of use of this Web site, you agree to indemnify PHM and its suppliers, participating Builders, or manufacturers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of PHM's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

PHM shall not be liable for, and the user hereby waives, any claims user may have against PHM in any way relating to the property identified, listed or described in the PHM Web Site or the construction of any residence or other improvement constructed thereon by any of the homebuilders. User specifically acknowledges that its rights and remedies with respect to the property, the condition of any home remodeled by any homebuilder, shall be against the homebuilder. PHM shall not be liable for damage by reason of defects in materials or workmanship or for any other representations, warranties, statements or covenants of the homebuilder, whether express or implied (including, without limitation, any implied warranty of merchantability, habitability or fitness for a particular purpose).

LINKS TO THIRD PARTIES
PHM's Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. PHM does not operate or control in any respect any information, software, products or services available on such Web sites. PHM's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

ERRORS AND DELAYS
PHM is not responsible for any errors or delays in responding to a coupon request form or other registration form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control. DISPUTE RESOLUTION Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by PHM, or to any acts or omissions for which you may contend PHM is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Livingston County, Michigan except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to PHM. In any arbitration, PHM will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Livingston County, Michigan. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND PHM WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using PHM's goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and PHM, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Livingston County, Michigan. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

OTHER TERMS
This Agreement constitutes the entire agreement between you and PHM and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and PHM with respect to the Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Michigan. 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. 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. All rights not expressly granted herein are reserved.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS

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