Terms of Use - Frusterio Design

These terms of use (the “Terms of Use”) apply to the Frusterio Design website located at www.frusterio.com, and all associated sites linked to such site by Frusterio.com, Inc., its subsidiaries and affiliates (those sites, the “Site”). The Site is owned by Frusterio.com, Inc. (“Frusterio Design”). The Terms of Use also incorporate by reference the Privacy Policy also available at the Site. BY USING THE SITE, YOU AGREE TO THE TERMS OF USE. IF YOU DISAGREE WITH THE TERMS OF USE, DO NOT USE THE SITE.

Frusterio Design reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms of Use, at any time. You are responsible for periodically reviewing the Terms of Use for changes. By continuing to use the Site, you accept any changes at the time they are implemented. These Terms of Use apply as long as you use this Site.

Frusterio Design Services

Frusterio Design provides access for viewing and the potential purchase of residential home plans (those plans, a “Plan”). Such plans on the Site are provided for viewing purposes only and you must first contact Frusterio Design for the purchase of custom designs. All purchases are subject to the terms set forth in this agreement. 

Content

All content, including, but not limited to, text, graphics, photographs, trademarks, logos, sounds, music, and computer code (that content, the “Content”) arranged to create the design, structure, coordination, expression, appearance and feel of the Site is owned, controlled, used with permission, or licensed by or to Frusterio Design, and is protected by United States and international patent, copyright, trademark and trade secret laws of general applicability. 

Except as expressly provided in the Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site, or other medium for publication or distribution or for any commercial enterprise without Frusterio Design’s prior express written consent.

The logos and other intellectual property used throughout the Site are the intellectual property of their respective owners and are used with permission or in fair use.

The above notwithstanding, you may use information purposefully made available by Frusterio Design for download from the Site provided that you: (1) not remove any proprietary notice language in all copies of such documents (2) use such information only for your personal, noncommercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media (3) make no modifications to any such information (4) make no additional representations or warranties relating to such documents.

License and Site Access
As long as you are in compliance with the Terms of Use, Frusterio Design grants you a personal, non-exclusive, nontransferable, limited privilege to enter and use the Site. Access to this site is limited to personal use of the Site and is not for downloading (other than page caching) or modifying all or any portion of the Site, without the prior express written consent of Frusterio Design. This license does not include any resale or commercial use of the Site or the Content; any collection or use of any product listings, descriptions or prices; any derivative use of the Site or the Content. No part of the Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the prior express written consent of Frusterio Design. Any unauthorized use of the Site terminates the permission and license granted herein. You are granted a limited, revocable non-exclusive right to create a hyperlink to www.frusterio.com as long as the link does not portray Frusterio Design or any licensors or affiliates in a false, misleading, derogatory or otherwise offensive matter. You may not use any logos or other proprietary trademarks as part of the link without the prior express written permission of Frusterio Design.

Third Party Links

Links to other websites are provided for the convenience and information of Frusterio Design’s customers. Clicking on these links will navigate you to another website. The inclusion of links on the Site does not represent, unless specifically noted in the link, an endorsement, authorization, sponsorship, or affiliation with the linked website. Unless otherwise indicated, any sites linked to from the Site are not under the control of Frusterio Design. Frusterio Design is not responsible for the content or presentation of any linked site. Frusterio Design makes no representation regarding the accuracy or completeness of the information contained in any linked sites. 

Sites that are included in the above links are those of various social media sites, such as Facebook, Houzz, and Twitter. These links are provided for the purpose of helping site visitors learn more about Frusterio Design and its representatives. 

Payment Link

Full payment for a Plan is required prior to making any order with Frusterio Design. By using the Site you authorize Frusterio Design to charge your credit card or debit your checking account to purchase a Plan. Plans will not be released until all balances are paid in full. Deposits for custom plans will be required prior to scheduling preliminary designs. Any stated prices are subject to change without notice. 

Payments for a Plan provided by Frusterio Design are non-refundable. Payments received for a Plan may be applied to any other Plan at Frusterio Design’s sole discretion. By engaging the services of Frusterio Design you agree to pay any cost of collection for any chargeback or unpaid order, including but not limited to, court costs and attorneys’ fees. By purchasing a Plan from Frusterio Design, you agree to pay if applicable, all sales and other taxes, federal, state, or otherwise, however designated which are levied or imposed by reason of purchasing a Plan under these Terms of Use. 

Custom design home plans may require a second deposit once preliminary floor plans are approved and BEFORE the elevations phase is scheduled. Any structural change to the floor plan that is requested after the elevations are presented is subject to additional fees to cover extra time incurred that exceeded the original scope of work quoted. 

Designs Purchased from Frusterio Design

All intellectual property rights in any Plan created or developed by Frusterio Design under these Terms of Use shall be the property of Frusterio Design. Frusterio Design reserves the right in its sole discretion to market, sell, modify, and update any and all of its Plans. Each Plan purchased from Frusterio Design is limited to only one build on the specified lot noted on the Plan. All Plans purchased from Frusterio Design are non-transferable and should be thoroughly reviewed and any questions or concerns about a Plan should be addressed prior to construction. If a Plan is altered or modified in any way once it has been approved and delivered, Frusterio Design shall not be liable for any damages caused by such change or modification. All Plans purchased from Frusterio Design must be constructed by an experienced, licensed, and professional builder. In the event you display, build, or otherwise recreate the Plan in any other medium or derivative work, you agree that you will attribute such work to Frusterio Design. You may not otherwise dispose of a Plan in violation of U.S. or foreign or local copyright laws. 

By purchasing a Plan from Frusterio Design, you agree to any additional disclaimers included with or attached to a Plan which are incorporated by reference to these Terms of Use. 

By purchasing a Plan, you grant Frusterio Design a limited use license in such derivative work for the exclusive use in any portfolio or for marketing purposes. By purchasing a Plan from Frusterio Design you warrant that you have the appropriate license to use any copyrighted or trademarked material. By creating a derivative work of a Plan you agree to indemnify and hold Frusterio Design harmless against any and all claims, costs, and expenses, including reasonable attorneys’ fees arising from or related to any claim that any derivative work used by Frusterio Design under these Terms of Use infringes on any third party right, including, without limitation, any patent, trademark, copyright, or trade secret. 

Proprietary Rights

By purchasing a Plan, you recognize that Frusterio Design regards its Plans as its proprietary information and as confidential trade secrets of great value. You agree not to provide or to otherwise make available in any form a Plan, or any portion of a Plan, without the written consent of Frusterio Design, notwithstanding the rights granted in such Plan through these Terms of Use. 

Blog and Other Social Media Sites

All editorial comments published through the Site or social media sites linked from the Site reflect the personal opinions of the author and not necessarily the opinion of Frusterio Design.

At times, Frusterio Design or other authors may post reviews related to certain products or services. The author of a given entry related to reviews or other product information will give an indication if they or Frusterio Design was compensated for the review. The above notwithstanding, it is Frusterio Design’s policy only to endorse products it or its authors would endorse with or without compensation.

For social media commentary, you are granted limited rights to copy, distribute, transmit or even adapt the entries from Frusterio Design as long as you provide a link to the original work and give credit to Frusterio Design and the original author.

Except for information directly related to Frusterio Design, Financial Representative social media sites to which we provide a link are the responsibility of the individual Financial Representative and are not under Frusterio Design’s control.

User Generated Content/Comment Policy

Users may generate content on the Site or on social media sites concerning Frusterio Design, as long as the content is not illegal, obscene, threatening, defamatory, does not invade the privacy or infringe on the intellectual property rights of others, injure third parties or contain objectionable material and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead the public as to the source of such content. Frusterio Design reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content. 

By posting content or submitting material, you grant Frusterio Design a nonexclusive, royalty-free, perpetual, irrevocable, and fully transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Frusterio Design and sublicensees the right to use the name that you submit with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms of Use and will not cause injury to any person or entity; and that you will indemnify Frusterio Design for all claims resulting from content you supply. Frusterio Design has the right, but not the obligation, to monitor and edit or remove any activity or content. Frusterio Design takes no responsibility and assumes no liability for any content posted by you or any third party.

User’s Representations and Warranties

By using the Site, you represent and warrant that:

• You are of legal age and sufficient authority to enter a binding agreement.

• All personal data supplied will be complete and accurate to the best of your ability. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

• You will not transmit any content that is unlawful, defamatory, obscene, pornographic, trade libelous, threatening, harassing, tortious, invasive of another’s privacy, hateful, or racially, ethnically, religiously or otherwise objectionable.

Intellectual Property Infringement

It is Frusterio Design’s policy to respond to claims of intellectual property infringement. Frusterio Design will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. As required by the DMCA, notifications of claimed copyright infringement should be sent to Frusterio Design’s designated agent (the “Designated Agent”). Below is the information for Designated Agent for the Site: 

Gatehouse Law, LLC

Attn: Jace Williams

3108 Blue Lake Drive, Suite 200

Vestavia Hills, Alabama 35243

Phone: 205-208-9595

Fax: 205-208-9596

Email: [email protected]

Any written communication under this section should include the following: 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

       (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Products or Services Offered on the Site
Frusterio Design may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The information on the Site regarding products and services may be out of date, and Frusterio Design is not obligated to update such information on the Site. The information on the Site is not a substitute for speaking directly with a Frusterio Design representative. Therefore, you should not rely solely upon this information in making any decision, including any decision to buy a product from Frusterio Design or any other company.

Disclaimers
FRUSTERIO DESIGN MAKES NO CLAIM THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FRUSTERIO DESIGN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FRUSTERIO DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FRUSTERIO DESIGN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES TO WHICH YOU MAY NAVIGATE FROM THE SITE. YOUR SOLE REMEDY AGAINST FRUSTERIO DESIGN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

FRUSTERIO DESIGN MAKES NO CLAIM THAT IT PROVIDES ARCHITECTURAL SERVICES AS DEFINED BY SECTION 34-2-30 OF THE CODE OF ALABAMA 1975. FRUSTERIO DESIGN PROVIDES RESIDENTIAL DESIGNS FOR THE PRIMARY PURPOSE OF SINGLE-FAMILY RESIDENCES. LOCAL MUNICIPALITIES MAY REQUIRE PLANS TO BE STAMPED OR CERTIFIED BY AN ARCHITECT OR OTHER PROFESSIONAL. YOU ARE RESPONSIBLE FOR ANY STATE OR LOCAL REQUIREMENTS INCLUDING BUT NOT LIMITED TO REGULATIONS ESTABLISHED BY THE INTERNATIONAL BUILDING CODE. BY PURCHASING A PLAN FROM FRUSTERIO DESIGN YOU WAIVE ANY CLAIM AGAINST FRUSTERIO DESIGN FOR FAILING TO COMPLY WITH ANY STATE OR LOCAL REGULATORY REQUIREMENTS. 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of the Site, whether for breach of contract, tort, negligence or any other cause of action.

Frusterio Design reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

The products and services listed on the Site are offered and sold only by appropriately appointed and licensed entities and representatives. Representatives might not represent all entities shown or provide all the services discussed. Not all products and services are available in all states.

Limitation of Liability
Frusterio Design is not liable to you, except where prohibited by law, for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Frusterio Design has been advised of the possibility of such damages.

Indemnity
You agree to indemnify and hold Frusterio Design, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Frusterio Design by any third party due to or arising out of or in connection with your use of the Site.

Violation of these Terms of Use
Frusterio Design may disclose any information about you (including your identity) if it determines such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (intentional or not) Frusterio Design’s rights or property, or the rights or property of visitors to or users of the Site, including Frusterio Design’s customers. Some violations may include:

◦ Using the Site without the requisite ability or authority to ratify legally binding contracts, or while temporarily or indefinitely suspended from the Site;

◦ Circumventing or manipulating the billing process, or any fees owed to Frusterio Design;

◦ Distributing or posting spam, chain letters, or pyramid schemes;

◦ Distributing viruses or any other technologies that may harm Frusterio Design or the interests or property of Frusterio Design customers;

◦ Copying, modifying, republishing or distributing content from the Site or Frusterio Design’s copyrights and trademarks;

◦ Impersonating another person or otherwise misrepresenting your affiliation with another person or entity;

◦ Conducting fraud, hiding or attempting to hide your identity;

◦ Providing inaccurate contact information;

◦ Harvesting or otherwise collecting information about users, including email addresses, without their consent;

◦ Transmitting to Frusterio Design or any user any information or materials of any kind that (1) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party (2) are libelous, defamatory, obscene, pornographic, abusive (3) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Frusterio Design reserves the right at all times to disclose any information it deems necessary to comply with applicable law, regulation, legal process or governmental request. Frusterio Design may also disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that Frusterio Design may preserve any transmittal or communication from you through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Frusterio Design determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process (2) enforce the Terms of Use (3) respond to claims that any such data violates the rights of others (4) protect the rights, property or personal safety of Frusterio Design, its employees, users of or visitors to the Site, and the public.

You agree that Frusterio Design may, in its sole discretion and without notice, terminate your access to the Site if it determines you have violated these Terms of Use or other agreements or guidelines associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice that will cause irreparable harm to Frusterio Design. Because monetary damages for such a violation would be inadequate, you consent to Frusterio Design obtaining any injunctive or equitable relief it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Frusterio Design may have at law or in equity.

You agree that Frusterio Design may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes, but is not limited to: (1) requests by law enforcement or other government agencies (2) a request by you (3) discontinuance or material modification of the Site or any service offered on or through the Site or (4) unexpected technical issues or problems.

If Frusterio Design does take any legal action against you as a result of your violation of the Terms of Use, it will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that Frusterio Design will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the state of Alabama without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Jefferson County, Alabama, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

Void Where Prohibited
Frusterio Design administers and operates the Site from its location in Birmingham, Alabama USA. Although the Site is accessible worldwide, it is intended for use within the United States. If you choose to access the Site from outside the United States, you are responsible for complying with applicable local laws.

Miscellaneous
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, but not limited to, United States export laws and regulations.

Each provision of the Terms of Use shall be considered severable, and if for any reason any provision or provisions herein are determined to be invalid, unenforceable, or illegal under any existing or future law, such invalidity, unenforceability, or illegality shall not impair the operation of or affect those portions of the Terms of Use which are valid, enforceable, and legal. 

Frusterio Design’s failure to enforce strict performance of the Terms of Use shall not be construed as a waiver by Frusterio Design of any provision or any right it has to enforce the Terms of Use, nor shall any course of conduct between Frusterio Design and you or any other party be deemed to modify any provision of the Terms of Use. The Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The term “Financial Representative” is used in the Terms of Use to describe independent contractors and employees of Frusterio Design in varying capacities.

Feedback and Information
Any feedback you provide regarding the Site is not considered confidential. Frusterio Design is free to use such information without restriction.

The information contained in this Site is subject to change without notice.

© 2019 Frusterio.com, Inc. All rights reserved.

Updated by Frusterio Design’s General Counsel on January 10, 2020.

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