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.
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.
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
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.
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.
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
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.
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
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.
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.
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.
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, 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.
Governing Law; Dispute Resolution
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.
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.
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.