Please Read Carefully Before Using This Website:
A. TERMS APPLICABLE TO ALL USERS
2. Changes To Terms
The Website is primarily directed to those individuals and entities located in the State of Texas, and/or neighboring communities. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Sharkey Custom Homes makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the Texas generalized area. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute any significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The unauthorized systematic retrieval of data from the Website is also prohibited.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Sharkey Custom Homes is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include the Sharkey Custom Homes copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website; transfer or sell any information obtained from this Site without the prior written permission of Sharkey Custom Homes.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Sharkey Custom Homes. You may not use a part of this Website on any other Website without the prior written consent of Sharkey Custom Homes.
Sharkey Custom Homes respects the intellectual property rights of others and expects our users to do the same. The policy of Sharkey Custom Homes is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at the email address(es) or phone number(s) listed on this website.
7. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Sharkey Custom Homes that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. 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.
Gathering email addresses from Sharkey Custom Homes through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited (if any such systems exist, such as comments or forum entries). Inquiries regarding a commercial relationship with Sharkey Custom Homes should be directed to the business's main address.
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, CERTAINTY OF AVAILABLE PROPERTIES OR HOMES, AVAILABILITY OR UNAVAILABILITY OF ANY PRODUCT (IN-STOCK OR OTHERWISE) OR SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH SHARKEY CUSTOM HOMES EXPRESSLY DISCLAIMS. SHARKEY CUSTOM HOMES DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND SHARKEY CUSTOM HOMES WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE.
WHILE IMAGES OF PROPERTIES FOR SALE OR VARIOUS ELEMENT THEREOF GENERALLY CONCERN THE PROPERTY ADDRESSED, ANY OTHER IMAGES OF STAFF, SERVICES, PROPERTIES AND/OR THEIR ASSOCIATED SITES, RELATED PRODUCTS, PEOPLE, CONSULTATIONS OR OTHER ILLUSTRATIVE EXAMPLES, OR ANY INDIVIDUAL SO PORTRAYED, ON THE SITE, ARE PURELY REPRESENTATIVE, AND MAY OR MAY NOT INDICATE ACTUAL STAFF, SERVICES, PROPERTIES AND/OR THEIR ASSOCIATED SITES, RELATED PRODUCTS, PEOPLE, CONSULTATIONS OR OTHER ILLUSTRATIVE EXAMPLES, OR ANY INDIVIDUAL SO PORTRAYED, WHETHER IN THE PAST, PRESENT OR IN THE FUTURE, OR THAT ARE/WERE OR ARE NOT/WERE NOT THE SERVICE, DELIVERY, CLIENT, PRODUCT OR ORIGINAL CREATION OF SHARKEY CUSTOM HOMES. VARIANCES FROM HOME DESIGN OR PROPERTY LAYOUT MAY OCCUR IN COMPARISON TO DRAFT IMAGES OR INITIAL PROPERTY PHOTOGRAPHS, AND ALL HOMES OR PROPERTIES SHOULD BE INSPECTED IN PERSON FOR AN ACCURATE EVALUATION.
SHARKEY CUSTOM HOMES MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY SHARKEY CUSTOM HOMES. SOME REGIONS OR PROVINCES MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Governing Law, Location and Miscellaneous
11. Separate Agreements
12. Copyright Policy and Copyright Agent
Sharkey Custom Homes respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify us and provide the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site's Copyright Agent can be reached at the contact information listed on the website.
13. U.S. Resident
You represent that you are a resident of the United States or duly authorized resident, unless specific circumstances, in other business arrangements with Sharkey Custom Homes, clearly indicate that you are a resident of another country or jurisdiction, and that, in contacting, communicating with, or attempting to do business or any other transaction with Sharkey Custom Homes, that such interaction by you or your representatives is not contrary to all applicable laws, regulations and/or treaties governing you, those you represent, or any other associated party.
14. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as construction, legal or other professional advice. This Website is not intended for use by minors except for purely informational purposes about publications and medical information in general; any such use is to be under appropriate adult or parental supervision. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR OWN PROPERTY ADVISOR, REAL ESTATE AGENT, INVESTMENT ADVISOR, ACCOUNTANT AND/OR YOUR LEGAL, TAX, FINANCIAL, OR OTHER ADVISOR, AS APPROPRIATE.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS OR USERS WHO SUBMIT REQUESTS THROUGH ANY ELECTRONIC FORM ON THE SITE
16. Accounts And Security
Sharkey Custom Homes does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
Users who submit their e-mail addresses for inclusion on a mailing list or lists or for any other communication agree to furnish their own address, or if it is not their own, that they legally represent the address, or those connected to it, and that such use is authorized. Sharkey Custom Homes is not responsible for the inappropriate submission by others of e-mail addresses through its on-line automated response or product ordering forms; Sharkey Custom Homes will, in good faith, attempt to remove e-mail addresses, when so requested by their legitimate owners, from contact lists.
All use of any electronic response or request form is at the election of the User, and the User agrees to hold Sharkey Custom Homes harmless for any action, non-action, result, non-result or other activity related to the submission. Such forms are intended to be mechanisms of communication convenience and are not meant to be binding in anyway whatsoever, and should not be construed as such. Sharkey Custom Homes is not responsible if, for whatever reason, such submissions do not properly arrive at their intended destination. Users are responsible for whatever information they include in any such submission. Sharkey Custom Homes reserves the right to reject, deny, delete or block any submission which it deems, for whatever reason, to be objectionable, harassing, inappropriate, or illegal, with or without any communication or notice back to the original User, or any other party or Users acting in conjunction with or on their behalf.
You may not:
—select or use a Login Name of another person with the intent to impersonate that person;
—use a name subject to the rights of any other person without authorization;
—use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify Sharkey Custom Homes of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at sole discretion of Sharkey Custom Homes, and you may be reported to appropriate law-enforcement agencies.
17. Contact Information