Fantasy Floorplans LLC
TERMS OF USE
Welcome to fantasyfloorplans.com (the "Site"), a service of Fantasy Floorplans LLC ("FFP" or "We"). This is a legally binding Agreement between you and FFP. Please read it before continuing to use the Site.
1. Your Access to the Site; Acceptance of Terms of Use
By accessing, browsing and using the Site (including accessing the blog feature), you acknowledge that you have read, understand, and agree to be bound by and comply with the Terms of Service. IF YOU DO NOT AGREE WITH THE TERMS OF USE AGREEMENT, DO NOT ACCESS AND USE THE SITE. The Terms may be modified without prior notice at any time. Your continued use of the Site constitutes that you agree with the modified terms.
2. Intellectual Property
The Site is protected by copyright, trademark, and other intellectual property laws and international treaties. All of the content contained within and on the Site, including drawings, art, and blog content, is the sole property of FFP and its third-party suppliers, if applicable. Except as permitted by law or by obtaining FFP's prior written permission, you may not copy, redistribute, publish, retransmit, transfer, modify or create derivative works, or in any way commercially exploit, any content on the Site, in whole or in part. Furthermore, you may not change or delete trademark legends or copyright notices.
3. Privacy Policy
You may access the Privacy Policy here.
4. Availability of the Floorplans
All floorplans featured on the site are subject to availability. We reserve the right to change or remove a floorplan or other content on the site at any time without notice or liability to you or to any third party. For example, popular floorplans sell out quickly and we may need to remove the floorplan from the site and make it unavailable for purchase.
All descriptions of the floorplans or product pricing are subject to change at any time without notice, at the sole discretion of FFP. We reserve the right to discontinue any floorplan or product at any time. Any offer for any product or service made on this site is void where prohibited.
5. Pricing
FFP will determine in our discretion from time to time whether and which floorplans are to be made available for purchase on the Site. Prices for floorplans are liable to change at any time without notice.
6. Errors and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to the floorplan product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate, at any time without prior notice.
7. Accuracy of Information
You agree to provide accurate information when making a purchase on the Site, including your email address, credit card numbers, and expiration dates, so that we can complete your transaction and contact you as needed.
By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the floorplans and that you are the holder of the credit card, debit card, PayPal account, or are expressly authorized to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer.
If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery of the order.
8. Return Policy
Returns must be made within 15 days of purchase; please notify FFP within 3 days of receipt of your order and allow 12 days for FFP to receive the return. Returns will only be accepted, and a refund issued if the goods are in the same condition as when shipped from our warehouse.
9. User Comments and Feedback
If you send comments, ideas, suggestions, proposals, plans, or other materials, whether online, by email, social media posting, by postal mail, or otherwise (collectively, “comments”), you agree that FFP may, without restriction, edit, copy, publish, distribute, translate and otherwise use any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false email address or identity or otherwise mislead FFP or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10. Violation of These Terms of Use
If you are in breach of these Terms of Use, then FFP may take one or more of the following actions:
11. Force Majeure
FFP will not be liable or responsible for any delay or failure to perform any obligations under these Terms of Use that is caused by events outside our reasonable control (a “Force Majeure Event”), including, but not limited to, acts of God, strikes, lock outs, accidents, global or national pandemics, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services.
12. Prohibited Conduct
Your use of the Site, including without limitation any comments, messages, or any posted content, may only be for lawful purposes and in full compliance with all applicable local, state, national and international laws. Unacceptable conduct includes, without limitation, using the Site to:
*Use, display, mirror or frame the Site, or any individual element within the Site, FFP’s name, any FFP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FFP’s express written consent;
* Defame, abuse, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
* Conduct or forward illegal contests, pyramid schemes, chain letters, unauthorized advertisements, unsolicited email campaign;
* Publish, post, distribute, disseminate, or link to any i) profane, defamatory, infringing, obscene, indecent or unlawful topic, material or information, ii) software or other material protected by intellectual property laws, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials, iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer ;
* Distribute, promote, or link to any sites for the marketing, sales, or distribution of any service or product,
* Harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties,
*Restrict or inhibit any other user from using and enjoying its rights in the features offered on the Site,
* Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity,
* Gain unauthorized access to the Site, or any account, computer system or network connected to this Site, by means such as hacking, password mining or other illicit means,
* Interfere with or disrupt the operation of this Site or any servers or networks, or,
* Violate any applicable laws or regulations.
13. Third Party Content and Services
The Site may contain content and use services provided by third parties not associated with FFP. You understand and expressly agree that FFP assumes no responsibility or liability for any third-party content or services. Because FFP has no control over third party content and services, FFP cannot be responsible for the accuracy, integrity, reliability or quality of such content. FFP is not responsible for offensive, objectionable or defamatory content, or loss or damage of any kind you may incur as a result of this content. Under no circumstances shall FFP, its affiliates, partners, officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained or services used through the Site. You, the user, are solely responsible for any risks correlated with your use of third-party content or experience with third-party content that you access through the Site.
14. Links to Sites and Services
FFP has no control over and cannot monitor the content of the websites and information you will have access to by following a third-party link to another website. FFP is not responsible for the content or reliability of the websites, links, resources, and information you will have access to from other sites. FFP shall not be responsible or liable directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such third part website or resource.
15. Disclaimer of Warranties
FFP disclaims any and all responsibility and/or liability for the accuracy, completeness, legality, reliability, operability and availability of any content, information, services, or sites accessible on or through the Site. In addition, FFP disclaims any responsibility for the deletion, failure to store, failure to deliver or untimely delivery of any information or material. FFP disclaims any and all harm resulting from downloading or accessing any information or material on or through the Site and assumes no liability or responsibility for any errors or omissions in such content.
THE SITE AND ALL WEBSITES AND CONTENT PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FFP DOES NOT WARRANT THAT (I) THE SITE, CONTENT OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR (II) DEFECTS IN THE SITE, CONTENT OR SERVICES WILL BE CORRECTED; OR (III) THE SITE, CONTENT OR SERVICES WILL MEET YOUR EXPECTATIONS OR NEEDS. FFP WILL NOT BE RESPONSIBLE FOR ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, AND DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, OR COMPUTER VIRUSES ASSOCIATED WITH THE OPERATION OF THE SITE, SERVICES OR CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SOME PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
16. Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER FFP NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, OR CONTENT, WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF FFP OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE) EXCEED $150, REGARDLESS OF WHETHER SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS IN THIS SECTION MAY BE LIMITED BY PROVISIONS OF APPLICABLE LAW.
17. Indemnity
By using the Site, you agree to indemnify FFP and its subsidiaries, affiliates, directors, officers, employees and agents and hold them harmless from and against any and all claims, expenses, damages and losses arising out of or relating to your use of the Site and/or content,
18. Miscellaneous
If any provision of this Terms of Use Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed stricken, and the remainder of the Terms of Use Agreement shall continue in full force and effect. Any waiver by FFP of the performance or satisfaction of any provision hereof will not be considered to be a waiver of any other similar or dissimilar covenant or condition hereunder, nor will it be considered a continuing waiver of the same provision in the future. FFP may amend, alter or modify these Terms of Use at any time with or without notice. FFP reserves the right to assign our rights and delegate our duties under these Terms of Use either in whole or in part at any time, in our sole discretion, and without your consent. The laws of the State of South Carolina, exclusive of the choice of law provisions, shall govern any claim relating to this Site or your use of this Site. Any legal action or proceeding concerning the Site or FFP shall be brought exclusively in a federal or state court of competent jurisdiction located in Lexington County, South Carolina.
Designated Agent for all Legal Notices
All legal notices should be sent to the following agent:
Suanne M. Ansari, LLC
636-G Longpoint Rd., #36
Mount Pleasant, SC 29464
Email: suanne@suannemansarillc.com