Terms & Conditions
Agreement between User and avobarndominiums.com (“AVO Barndominium Builders”)
Welcome to avobarndominiums.com. The avobarndominiums.com website (the “Site”) is comprised of various web pages operated by AVO Barndominium Builders. avobarndominiums.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of avobarndominiums.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Unless otherwise noted, all references to AVO Barndominium Builders include avobarndominiums.com, and all references to you, your, the user, or anything of the sort includes and are in reference to the individual using avobarndominiums.com and AVO Barndominium Builders or seeking the services discussed on avobarndominiums.com and AVO Barndominium Builders.
The AVO Barndominium Builders website is a referral website.
AVO Barndominium Builders was created to assist with connecting any individual seeking services discussed on avobarndominiums.com and AVO Barndominium Builders with independent service providers.
The information on avobarndominiums.com and AVO Barndominium Builders is intended for general guidance and does not substitute professional advice.
All service providers are independent, and AVO Barndominium Builders does not warrant or guarantee any work performed. It is the responsibility of the individual seeking and/or using the services to verify that the hired service provider furnishes the necessary license and insurance required for the services being provided and/or work being performed.
AVO Barndominium Builders may provide any information submitted by the user to a service provider with the intent for the service provider to contact the user regarding the services sought out by the user.
AVO Barndominium Builders is not responsible for what the service provider does with the user’s information, even though AVO Barndominium Builders’ intent in providing the user’s information to a service provider is for the service provider to contact the user regarding the services sought out by the user, therefore, the user should use discretion when submitting information through AVO Barndominium Builders.
AVO Barndominium Builders is not liable for the services provided or work being completed and any disputes with the services provided or work completed will be addressed directly with the service provider.
By use of this site and submitting information to this site, the user is consenting to allow AVO Barndominium Builders to exchange the information submitted by the user to the service provider and is consenting and agreeing to this policy. If you (“the user”) do not consent, do not use this site. Again, we are a third party and do not take any liability for the services provided or work completed.
Additionally, any references to “our professionals”, “our team of professionals”, “the professionals we work with”, “the professional contractors we work with”, or anything of the sort, are in reference to the service providers we refer the user’s information to and are not affiliated with or work for AVO Barndominium Builders.
Any persons depicted in a photo or video on AVO Barndominium Builders may be actors or models and may not be affiliated with the service provider or AVO Barndominium Builders. Purchased, royalty-free stock, or images created with artificial intelligence may also be used on AVO Barndominium Builders.
Privacy
Your use of avobarndominiums.com is subject to AVO Barndominium Builders’ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting avobarndominiums.com or sending emails to AVO Barndominium Builders constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
AVO Barndominium Builders does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use avobarndominiums.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
avobarndominiums.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AVO Barndominium Builders and AVO Barndominium Builders is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AVO Barndominium Builders is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AVO Barndominium Builders of the site or any association with its operators.
Certain services made available via avobarndominiums.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the avobarndominiums.com domain, you hereby acknowledge and consent that AVO Barndominium Builders may share such information and data with any third party with whom AVO Barndominium Builders has a contractual relationship to provide the requested product, service or functionality on behalf of avobarndominiums.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use avobarndominiums.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to AVO Barndominium Builders that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AVO Barndominium Builders or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AVO Barndominium Builders content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of AVO Barndominium Builders and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AVO Barndominium Builders or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
AVO Barndominium Builders has no obligation to monitor the Communication Services. However, AVO Barndominium Builders reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. AVO Barndominium Builders reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
AVO Barndominium Builders reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in AVO Barndominium Builders’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AVO Barndominium Builders does not control or endorse the content, messages, or information found in any Communication Service and, therefore, AVO Barndominium Builders specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized AVO Barndominium Builders spokespersons, and their views do not necessarily reflect those of AVO Barndominium Builders.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to avobarndominiums.com or Posted on Any AVO Barndominium Builders Web Page
AVO Barndominium Builders does not claim ownership of the materials you provide to avobarndominiums.com (including feedback and suggestions) or post, upload, input, or submit to any AVO Barndominium Builders Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AVO Barndominium Builders, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. AVO Barndominium Builders is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at AVO Barndominium Builders’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your AVO Barndominium Builders account to third-party accounts. By connecting your AVO Barndominium Builders account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by AVO Barndominium Builders from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AVO Barndominium Builders Content accessed through avobarndominiums.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless AVO Barndominium Builders, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services obtained through this site, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AVO Barndominium Builders reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AVO Barndominium Builders in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and AVO Barndominium Builders agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AVO Barndominium Builders AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
AVO Barndominium Builders AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AVO Barndominium Builders AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVO Barndominium Builders AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AVO Barndominium Builders OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
By utilizing the site and/or its’ services, or the services obtained through the site, you, the user, agrees the site, its’ owner(s), employee(s), or any other representatives cannot be held liable for any damages or misconduct received from the services rendered through AVO Barndominium Builders, or by one of the service professionals you contact, engage with or are contacted by, or receive services from, through the use of AVO Barndominium Builders. Should you have a dispute regarding any services provided by a service professional, you must address the dispute directly with the service professional. You agree to release AVO Barndominium Builders, its’ affiliates, employees, shareholders, representatives, owners, directors, or agents from any damages or claims, of any kind. You agree that you will not involve AVO Barndominium Builders in any litigation or any other dispute related to a service or services received, fees charged, damages, or any other claims resulting from an interaction with a service professional.
Although we do our best to review the credentials of the service professionals we refer our users to, we do not provide any guarantees, or make any representations regarding the skills, quality of the service, claims of the service provider being licensed and/or insured, and you, the user, accept all responsibility in choosing to elect to receive the service(s) by the service professional provided through the use of AVO Barndominium Builders. We do not validate any reviews or the abilities of the service professionals we refer our users to. The service professionals we refer our users to are not employees of AVO Barndominium Builders.
All quotes, charges, contracts or any other written and/or verbal discussions are between you, the user, and the service professional, and AVO Barndominium Builders is not a party to or bound by any such agreements. AVO Barndominium Builders does not perform, and is not responsible for, any services requested through AVO Barndominium Builders by you, the user. Any contracts or service requests you enter in with any such service professionals are governed by federal, state and local laws.
While AVO Barndominium Builders has no obligation to you, the user, and is not responsible for the services provided, any damages incurred, or misconduct received by the service professionals we refer our users to, we do recommend you, the user, keeps AVO Barndominium Builders informed with any issues that you may have encountered, as we are only interested in referring our users to service professionals that provide quality service.
Call Recording
You acknowledge and agree that AVO Barndominium Builders may record any conversations with you, the user, and the service professionals we refer our users to.
Termination/Access Restriction
AVO Barndominium Builders reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AVO Barndominium Builders as a result of this agreement or use of the Site. AVO Barndominium Builders’ performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of AVO Barndominium Builders’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AVO Barndominium Builders with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AVO Barndominium Builders with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and AVO Barndominium Builders with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
AVO Barndominium Builders reserves the right, in its sole discretion, to change the Terms under which avobarndominiums.com is offered. The most current version of the Terms will supersede all previous versions. AVO Barndominium Builders encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
AVO Barndominium Builders welcomes your questions or comments regarding the Terms.
Email Address:
contact@avobarndominiums.com
Effective as of 5/9/2023