Welcome to ultimateplans.com, the home plans Web site of Ultimate Home Plans (d/b/a Federal Marketing Corporation). To ensure a safe environment for you, we have established our User Agreement. It explains what you can expect from us and what we expect from you. By accessing any areas of our Web sites (the “Site”), you agree to be legally bound and to abide by the terms set forth below. Any references herein to Federal Marketing Corporation shall be deemed to refer to Federal Marketing Corporation and/or Ultimate Home Plans, as applicable under the circumstances.
Our Web sites are provided free of charge to you under this User Agreement. For certain services, however, such as contests or premium services, you may need to register. If you do not agree to these terms, please do not enter or register for the Site. Review these terms periodically to determine whether a change has been made. If you do not agree to any changes made in the User Agreement, please terminate your relationship with the Site immediately by discontinuing your use of the Site. Your continued use of the Site signifies your acceptance of any changes in the User Agreement.
We cannot prohibit minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under 13 years old to decide which materials are appropriate for such children to view and/or purchase.
2. Content Use & Rights
You acknowledge that:
- We permit access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights") and;
- Except as expressly provided otherwise, the User Agreement and applicable copyright, trademark and other laws govern your use of such content.
You are free to display and print for your personal, non-commercial use information you receive through the Site. You may not reproduce, distribute, or otherwise use any of the materials without the prior written consent of the Rights holder. Requests for permission to reproduce, distribute or otherwise use materials found on our sites should be made to email@example.com. The burden of determining whether any content on the Site is or is not protected by Rights rests with you. You are free to encourage others to access the information themselves on the Site. We welcome links to our service. You are free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or make use of a logo without written consent of the logo owner.
Marks. We do not want anyone to be confused about which materials and services are provided by us and which are not. You may not use any mark appearing on our site without the prior written consent of the owner of the mark."Ultimate Home Plans" and all associated graphics and logos are marks owned by Federal Marketing Corporation.
You acknowledge that we acquire all Rights to use any posted materials as described below so that we do not violate any Rights you may have in materials you post. By submitting content to or through the Site, you grant us the non-exclusive right to reproduce, modify and distribute it as we see fit in any medium and for any purpose in any form, media, or technology now known or later developed. You also permit any other user to access, display and print such content for personal use. You vouch that any material you submit does not violate, plagiarize or infringe upon the right of any third party, including copyright, trademark or proprietary rights. If non-original content is included in your posting, you must obtain permission from the content owner and attribute it.
In compliance with the Digital Millennium Copyright Act, if you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Site, please notify us at firstname.lastname@example.org. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.
All the terms and conditions of our Copyright Notice are incorporated herein.
3. Third Party Services
As a convenience to you, we may provide links to third party Web sites. Those Web sites and parties are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might make against us with respect to such sites and their operators. You may order services or merchandise through links on our sites from persons not affiliated with us. All matters concerning the merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us – nor will we be construed as – a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Nor will we be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person.
4. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FEDERAL MARKETING CORPORATION, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR APPLICATIONS AVAILABLE THROUGH THE SERVICE. NOR IS THE SERVICE GUARANTEED TO BE SECURE, ERROR-FREE, OR CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ALSO AGREE THAT YOU USE ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER FEDERAL MARKETING CORPORATION NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITE IS NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
FEDERAL MARKETING CORPORATION, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH OUR SITES, OTHER THAN THOSE EXPRESS WARRANTIES FEDERAL MARKETING CORPORATION ITSELF SPECIFICALLY MAKES ON ANY FEDERAL MARKETING CORPORATION ORDER FORM.
5. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FEDERAL MARKETING CORPORATION OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF FEDERAL MARKETING CORPORATION, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FEDERAL MARKETING CORPORATION, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
6. Discontinuance, Modification & Restrictions
We may discontinue, change, suspend, or restrict access to this service or any portion of this service at any time without liability to you or any third party.
7. Applicable Law
This site is created and controlled by Federal Marketing Corporation in the State of New Jersey. As such, the laws of the State of New Jersey will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Federal Marketing Corporation reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New Jersey and of the United States of America located in Bergen County, New Jersey for any disputes arising out of or relating to use of or purchase made through Federal Marketing Corporation (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the Bergen County, New Jersey courts and agree not to plead or claim in any New Jersey court that such litigation brought therein has been brought in an inconvenient forum.
8. Dispute Resolution
Any controversy or claim arising out of or relating to this User Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Bergen County, New Jersey, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Bergen County, New Jersey necessary to protect the rights or property of you or us pending the completion of arbitration.
In the event that any provision of the User Agreement conflicts with the law under which the User Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the User Agreement, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this User Agreement will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of the User Agreement, or to exercise any right under the User Agreement, such a failure will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance. That is, all provisions and rights will remain in full force and effect.
This User Agreement, including all documents referenced herein, represents the entire understanding between you and Federal Marketing Corporation regarding your relationship with Federal Marketing Corporation and supersedes any prior statements or representations. You agree to be bound by the User Agreement by using the Site. The aforementioned User Agreement is subject to change.