Frusterio.com Terms of Use Agreement

This Terms of Use Agreement (the “Agreement”) sets forth the standards of use of the Frusterio.com website and its content (the “Website”).   By using the  Website you (the “User” sometimes referred to as “you” or “your”) agree to these terms and conditions and the establishment of a legal contract between you and Frusterio Inc. and/or Frusterio.com (hereafter sometimes “we” or “us”). If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice.  Your use of the Website constitutes an acknowledgment and acceptance of the Agreement and its modifications..

1. Description of Website
Frusterio Inc. and Frusterio.com are providing the User access for viewing and the potential purchase of Residential Home Plans.  Plans are provided only after the viewing and acceptance of a separate agreement provided at the time of purchase.  To the extent that the terms herein conflict with the terms of that subsequently accepted purchase agreement, these conflicting terms are subordinate to the terms of that purchase agreement.  

2. Disclaimer of Warranties.
THE SITE IS PROVIDED BY FRUSTERIO INC. AND FRUSTERIO.COM ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,  FRUSTERIO INC. AND FRUSTERIO.COM MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FRUSTERIO INC. AND FRUSTERIO.COM SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. FRUSTERIO & ASSOCIATES, INC. AND FRUSTERIO.COM DISCLAIM ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE.

3. LIMITATION OF LIABILITY
FRUSTERIO INC. AND FRUSTERIO.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FRUSTERIO INC. AND FRUSTERIO.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FRUSTERIO INC.  OR FRUSTERIO.COM  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Indemnification
User agrees to indemnify and hold Frusterio Inc. and Frusterio.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s utilization of the Website, the violation of this Agreement, or infringement by User, or any other user of the Website using User’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to the Availability of the Website
Frusterio Inc. and Frusterio.com reserves the right to modify or discontinue the Website with or without notice to the User.  Frusterio Inc. and Frusterio.com shall not be liable to User or any third party should Frusterio Inc. and Frusterio.com exercise its right to modify or discontinue the Website. User acknowledges and accepts that Frusterio & Associates, Inc. and Frusterio.com do not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of their control.

6. Third-Party Sites
The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible for those terms or policies.

7. Governing Jurisdiction of the Courts of Alabama
Users of the Website agree to submit to the laws of the State of Alabama, USA, and applicable federal law without regard to conflicts of laws principles and hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Birmingham, Alabama, USA in all disputes (a) arising out of, relating to, or concerning the Website and/or this Agreement, (b) in which the Website and/or this Agreement is an issue or a material fact, or (c) in which the Website and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of the Website is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.

8. Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information
All content included or available on this site, including site design, home designs, text, graphics, interfaces, and the selection and arrangements thereof is protected under Federal and International copyright laws, and is the property of Frusterio Inc. or Frusterio.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Frusterio Inc. and Frusterio.com is strictly prohibited. User agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Frusterio Inc. and Frusterio.com.  Frusterio™, Frusterio.com™, “Designing A Legacy Of Find Homes & Renovations,” and “A Portfolio Of Timeless Home Designs” are proprietary trademarks of Frusterio Inc. or Frusterio.com. Frusterio Inc. and Frusterio.com’s trademarks may not be used in connection with any product or service that is not provided by Frusterio Inc. and Frusterio.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Frusterio Inc. and Frusterio.com.  All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the web sites of others is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Frusterio Inc. or Frusterio.com.

10. Botnets and Cookies
Frusterio Inc. and Frusterio.com retain the right, at their sole discretion, to terminate any access involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Frusterio Inc. and Frusterio.com reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at their discretion.  Frusterio Inc. and Furusterio.com reserve the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Website to reflect or recall Users' preferences.

11. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Frusterio Inc. and Frusterio.com, in their sole discretion, to a third party in the event of a merger or acquisition. Except as indicated above, this Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your use of this Website as a User. User agrees that by accepting this Agreement, User is consenting to the use and disclosure of their personally identifiable information.