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This Agreement is designed to (1) help you better
understand how we keep our customer information private and secure
(2) how to instruct us not to share certain information about you
or not to contact you and (3) your agreement regarding the use of
builder and other partner information that we provide to you. By
visiting Be Home Wise, you are accepting this Privacy Agreement
and its Conditions of Use. This privacy agreement and conditions
of use agreement does not apply to Be Home Wise's corporate customers,
partners or advertisers or their employees who use the system to
conduct business on their employers' behalf. |
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Privacy
Agreement
The Privacy of Customer Information
We take our responsibility to protect the privacy and confidentiality
of customer information very seriously. We maintain physical, electronic
and procedural safeguards to store and secure information about
you from unauthorized access, alteration and destruction. Be Home
Wise only provides detailed data about you ONLY to builders you
visit or from whom you have requested information. These builders
will contact you via email, phone and/or regular mail. By using
Be Home Wise, you are giving them permission to do so and "opting
out" as described below will not prevent these communications.
Otherwise, certain demographic data about all customers is summarized
and made available on a no-name basis. From time to time, we enter
into agreements with other companies to provide services to us or
make products and services available to you. Under these agreements,
the companies may receive information about you but they must safeguard
this information and they may not use it for any other purposes.
Be Home Wise advertises on its website. Such advertisements are
not considered to be a personal solicitation or a breech of this
privacy agreement.
Your Right to Opt Out
While we presume that you have opted out of our use of your information
for general advertising, you may instruct us not to share further
information about you, as described in this Privacy Policy. To opt
out, simply print and complete our Opt Out Form saving a copy for
your records, and follow the directions below. We offer you the
Opt Out Choices listed below concerning this sharing of information,
as well as the choice not to be contacted by mail or by telephone.
If you decide that you want to choose any or all of these options,
please complete the appropriate opt-out section(s) below, print
and save for your records. Please include your identifying information
and contact us at 703-734-2224.
You do not need to notify us if you have already opted out as described
below or you have decided not to opt out. It may take up to four
to six weeks to process your request. If at a later time you wish
to change these opt out instructions, please contact us at one of
the numbers listed above. Note: If you opt out, you may still receive
offers with your account statements, when you contact us and in
connection with the maintenance and servicing of your account relationship.
Non-Advertising Agreement
As a visitor to the Be Home Wise website, you will be receiving
specific information about our partners, including various builders.
You agree that all information that you receive concerning our builders
and other partners will not be sold or advertised by you unless
you have first received written permission from the builder or other
partner in advance.
Conditions of Use
Be Home Wise and its affiliates provide their services to you subject
to the following conditions. If you visit or shop at Be Home Wise,
you accept these conditions. Please read them carefully. In addition,
when you use any current or future Be Home Wise service (e.g., Friends
& Favorites, e-Cards, Auctions, and Honor System) or visit or
purchase from any business affiliated with Be Home Wise, whether
or not included in the Be Home Wise Web site, you also will be subject
to the guidelines and conditions applicable to such service or business.
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PRIVACY
Please review our Privacy Agreement above, which also governs your
visit to Be Home Wise, to understand our practices. |
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ELECTRONIC COMMUNICATIONS
When you visit Be Home Wise or send e-mails
to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on this site. You agree that
all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that
such communications be in writing. |
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COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of Be Home Wise or its content suppliers
and protected by United States and international copyright laws. The
compilation of all content on this site is the exclusive property
of Be Home Wise and protected by U.S. and international copyright
laws. All software used on this site is the property of Be Home Wise
or its software suppliers and protected by United States and international
copyright laws. |
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TRADEMARKS
BE HOME WISE trademarks, sales marks and marks of its partners and
other marks indicated on our site are registered trademarks of Be
Home Wise, Inc. or its subsidiaries, or partners in the United States
and other countries. Be Home Wise's trademarks and trade dress may
not be used in connection with any product or service that is not
Be Home Wise's, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Be Home
Wise. All other trademarks not owned by Be Home Wise or its subsidiaries
that appear on this site are the property of their respective owners,
who may or may not be affiliated with, connected to, or sponsored
by Be Home Wise or its subsidiaries. |
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PATENTS
Be Home Wise may apply for US patents. All functions, processes and
designs in this site may be applied for. |
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LICENSE AND SITE ACCESS
Be Home Wise grants you a limited license to
access and make personal use of this site and not to download (other
than page caching) or modify it, or any portion of it, except with
express written consent of Be Home Wise. This license does not include
any resale or commercial use of this site or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative
use of this site or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Be Home Wise. You may not
frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout,
or form) of Be Home Wise and our affiliates without express written
consent. You may not use any meta tags or any other "hidden text"
utilizing Be Home Wise's name or trademarks without the express written
consent of Be Home Wise. Any unauthorized use terminates the permission
or license granted by Be Home Wise. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of Be
Home Wise so long as the link does not portray Be Home Wise, its affiliates,
or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Be Home Wise logo
or other proprietary graphic or trademark as part of the link without
express written permission. |
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YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur
under your account or password. Be Home Wise does sell products for
children, but it sells them to adults, who can purchase with a credit
card. If you are under 18, you may use Be Home Wise only with involvement
of a parent or guardian. Be Home Wise and its affiliates reserve the
right to refuse service, terminate accounts, remove or edit content,
or cancel orders in their sole discretion. |
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REVIEWS, COMMENTS, COMMUNICATIONS,
AND OTHER CONTENT Visitors may post
reviews, comments, and other content and other communications; and
submit suggestions, ideas, comments, questions, or other information,
so long as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not
consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content.
Be Home Wise reserves the right (but not the obligation) to remove
or edit such content, but does not regularly review posted content.If
you do post content or submit material, and unless we indicate otherwise,
you grant Be Home Wise and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable 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
Be Home Wise and its affiliates and sublicensees the right to use
the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control
all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this
policy and will not cause injury to any person or entity; and that
you will indemnify Be Home Wise or its affiliates for all claims resulting
from content you supply. Be Home Wise has the right but not the obligation
to monitor and edit or remove any activity or content. Be Home Wise
takes no responsibility and assumes no liability for any content posted
by you or any third party. |
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COPYRIGHT COMPLAINTS
Be Home Wise and its affiliates respect the
intellectual property of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please
contact Be Home Wise at the address below. |
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PRODUCT DESCRIPTIONS
Be Home Wise and its affiliates attempt to be
as accurate as possible. However, Be Home Wise does not warrant that
product descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by Be Home
Wise itself is not as described, your sole remedy is to return it
in unused condition. |
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OTHER BUSINESSES
Parties other than Be Home Wise and its subsidiaries operate stores,
provide services, or sell product lines on this site. For example,
drugstore.com is our Health & Beauty merchant, and other businesses
and individuals offer products in zShops and Auctions. In addition,
we provide links to the sites of affiliated companies and certain
other businesses. We are not responsible for examining or evaluating,
and we do not warrant the offerings of, any of these businesses or
individuals or the content of their Web sites. Be Home Wise does not
assume any responsibility or liability for the actions, product, and
content of all these and any other third parties. You should carefully
review their privacy statements and other conditions of use. |
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DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY THIS SITE
IS PROVIDED BY BE HOME WISE ON AN "AS IS" AND "AS AVAILABLE"
BASIS. BE HOME WISE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BE HOME WISE DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. BE HOME WISE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM BE HOME WISE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. BE HOME WISE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. |
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APPLICABLE LAW
By visiting Be Home Wise, you agree that the laws of the state of
Delaware, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise
between you and Be Home Wise or its affiliates. |
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DISPUTES
Any dispute relating in any way to your visit to Be Home Wise or to
products you purchase through Be Home Wise shall be submitted to confidential
arbitration in Wilmington Delaware, except that, to the extent you
have in any manner violated or threatened to violate Be Home Wise's
intellectual property rights, Be Home Wise may seek injunctive or
other appropriate relief in any state or federal court in the state
of Delaware, and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this agreement shall be conducted under
the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined
to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise. |
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SITE POLICIES, MODIFICATION,
AND SEVERABILITY We reserve the
right to make changes to our site, policies, and these Conditions
of Use at any time. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of
any remaining condition. |
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