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- Information Collection and Use
TomSpencerHomes.com is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.
TomSpencerHomes.com collects information from our users at several different points on our website.
In order to use portions of this website, a user may be required to complete a registration form. During registration a user is required to give their contact information (such as name and email address). This information is used to contact the user about the services on our site for which they have expressed interest. It is optional for the user to provide demographic information (such as income level and gender), and unique identifiers, but encouraged so we can provide a more personalized experience on our site.
We request information from the user on our order and quotation forms. Here a user must provide contact information (like name and shipping address) and may be required to provide financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customerís orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site.
- Log Files
We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not normally linked to personally identifiable information.
We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
Any third party company used to provide services in support of the web site does not retain, share, store or use personally identifiable information for any secondary purposes.
We may partner with another party to provide specific services. If the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services.
These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
This web site contains links to other sites. Please be aware that we, TomSpencerHomes.com, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address.
- Surveys & Contests
From time-to-time our site may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as postal code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
This website takes every precaution to protect our users information. When users submit sensitive information via the website, your information is protected both online and off-line.
If our registration/order form asks users to enter sensitive information other than basic contact and shipping information (such as credit card number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just "surfing".
All of our users information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Finally, the servers that we store personally identifiable information on are kept in a secure environment.
If you have any questions about the security at our website, you can send an email to webmaster@TomSpencerHomes.com.
- Supplementation of Information
In order for this website to properly fulfill its obligation to our customers, it may be necessary for us to supplement the information we receive with information from 3rd party sources.
- Special Offers
Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications.
- Correction/Updating Personal Information
If a users personally identifiable information changes (such as your postal code), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that users personal data provided to us. This can be done by emailing or telephoning our Web Administrator.
Users who do not or who no longer wish to receive our newsletter or promotional materials from our partners may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email or email us at unsubscribe@TomSpencerHomes.com or contacting the Web Administrator by e-mail or telephone.
Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether they should proceed with services that require an outside party, or not.
- Notification of Changes
- Terms and Conditions of Service
This agreement governs your use of the TomSpencerHomes.com website (The "Service"), including any interactive chat, bulletin board or discussion areas which may be included. Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional term and conditions, are referred to as this "Agreement."
TomSpencerHomes.com reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by TomSpencerHomes.com as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of TomSpencerHomes.com or third parties.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of TomSpencerHomes.com or the owners of such Content or their authorized persons.
- Rules of Conduct
You shall not post on the Service any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.
- Managing Content
TomSpencerHomes.com is not responsible for any Content provided to it by users or third parties and published online. TomSpencerHomes.com shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
- No Endorsement
TomSpencerHomes.com does not represent or endorse the accuracy or reliability of any Content posted and you acknowledge that any reliance upon such Content shall be at your sole risk.
The Service may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that TomSpencerHomes.com is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold TomSpencerHomes.com and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by TomSpencerHomes.com in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you.
- Termination of Service
TomSpencerHomes.com reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. TomSpencerHomes.com may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice or liability.
- Limitation of Liability
NEITHER TomSpencerHomes.com NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES TomSpencerHomes.com, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF TomSpencerHomes.com, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE. NEITHER TomSpencerHomes.com NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
NEITHER TomSpencerHomes.com, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All Web site design, original text, graphics, the selection and arrangement thereof, and all software Copyright © 2005 TomSpencerHomes.com, unless otherwise noted. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy, portions of this Web site as a personal information and shopping resource. Any other use of materials on this Web site - including reproduction for purposes other than those noted above, modification, distribution, or republication - without the prior written permission of TomSpencerHomes.com is strictly prohibited.
This Agreement shall be construed in accordance with the applicable laws of the Province of British Columbia, Canada. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.