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Metro Atlanta Home Builder
New Construction & Renovation

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 ONLINE USER AGREEMENT  AND PRIVACY POLICY

PLEASE READ THIS AGREEMENT CAREFULLY.  BY USING OUR WEBSITE YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF, AND BE LEGALLY BOUND BY, THIS ONLINE USER AGREEMENT AND PRIVACY POLICY (THIS "AGREEMENT") BETWEEN YOU AND WILBURN & ASSOCIATES, INC.  

1. GENERAL INFORMATION.
    1.1. Changes. This website is provided by Wilburn & Associates, Inc. who reserves the right, at its discretion, to change the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of the website. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of the website.
    1.2. Notices of Changes. Any notice or statement of changes/modifications described in Section 1.1 above will be displayed online, and any such display shall constitute effective notice under this Agreement for all purposes. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. Additionally, your continued use of the website after the posting of any notice of a change in the terms and conditions shall constitute your acceptance to be bound by the express terms of any such changes.

2. OUR WEBSITE.
    2.1. Our website shall mean all areas and aspects of our website including, without limitation, text, data, photos, graphics and/or video or any information whatsoever obtained through the website (collectively referred to herein as "Information"), Wilburn & Associates, Inc.' computers or network and any subscription or software, product, service, or information provided by Wilburn & Associates, Inc.. Wilburn & Associates, Inc. may enter into contractual relationships with certain vendors, sponsors, and advertisers of products or services (the "Vendors"), pursuant to which Wilburn & Associates, Inc. may link to or display Information, advertisements, discounts, products, goods, or services offered by the Vendors. Wilburn & Associates, Inc. does not guarantee the availability or accuracy of any such Vendor Information or offers, nor does it endorse, guarantee nor insure any Vendor products or services.
    2.2. Wilburn & Associates, Inc. shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Website, (b) Vendor Information, or (c) Vendor products or services. Statements made on the website  concerning the products or services of Wilburn & Associates, Inc. do not constitute an offer, but are merely solicitations of an offer.

3. LIMITATIONS ON USE AND USER SUBMISSIONS.
    3.1. Copyright, Patent and Trademark Notice. All content of the website provided by Wilburn & Associates, Inc., including, but not limited to, all text, photos, graphics, audio, software, presentations in any format and/or video is copyrighted by Wilburn & Associates, Inc., or its affiliates or subsidiaries.  2005 Wilburn & Associates, Inc. All rights reserved.
    No portion of the Information or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium, whether now known or hereafter created. The foregoing prohibition includes, but is not limited to "screen scraping" or "database scraping" to obtain lists of users or other Information. Nor may any portion of the Information or other materials be stored in a computer or distributed over any network, except that you may download or print one copy of pages strictly for personal and non-commercial use; however, any print out of any page of the website or portion thereof, must include Wilburn & Associates, Inc.' copyright notice.
    Wilburn & Associates, Inc., and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of Wilburn & Associates, Inc.. All other content product names and company logos are trademarks of their respective owners. Neither these materials, nor any portion thereof, may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any print out of any page of the website or portion thereof, must include Wilburn & Associates, Inc.' copyright notice.
    3.2. Notice of Copyright Infringement. Wilburn & Associates, Inc. respects the copyrights of others. Wilburn & Associates, Inc. reserves the right, but not the obligation, to terminate your license to use our website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Wilburn & Associates, Inc. has implemented procedures for receiving written notification of claimed infringements. If you believe that your copyrighted work has been reproduced on the website in a way that constitutes copyright infringement you may notify us at P.O. Box 312366, Atlanta, GA 31131or by email at info@wilburnassociates.com.
    3.3. Restricted Use of Our Website. You agree to use our website for lawful purposes only. You agree not to post or transmit any information through the website which: (a) infringes the rights of others or violates their privacy or publicity rights, (b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (c) is protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary rights, or any other harm resulting from your use of the website.
    3.4. Your Submission of Messages. You hereby grant to Wilburn & Associates, Inc. a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use for any purpose all messages or other materials posted by you on the Website or any e-mail sent by you to Wilburn & Associates, Inc. (in whole or in part) and to incorporate any such messages or other materials or e-mails in any form, into other media or technology whether now known or hereafter developed.
     3.5. Linking. Without the prior written consent of Wilburn & Associates, Inc., you may not use any of Wilburn & Associates, Inc.' proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link to the website or to any page thereof or engage in the practice of "deep linking" in any manner reasonably likely to: (a) imply affiliation with or endorsement or sponsorship of or by Wilburn & Associates, Inc.; (b) cause confusion, mistake, or deception; (c) dilute Wilburn & Associates, Inc.' trademarks or service marks; (d) otherwise violate state or federal law; or (e) constitute improper disparagement or disclosure concerning Wilburn & Associates, Inc. or any of its respective affiliates, or their respective officers, directors, agents, franchises, or Vendors. You may not frame or otherwise incorporate into another website any of the Information or other materials on this website without the prior written consent of Wilburn & Associates, Inc..

4. ACCESS AND DELAYS IN SERVICES.
    Wilburn & Associates, Inc., its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the website. Further, Wilburn & Associates, Inc., its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of this website for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.

5. MONITORING OF WEBSITE.
    You acknowledge that Wilburn & Associates, Inc. reserves the right to, and may from time to time, monitor for all lawful purposes any and all Third-Party Content transmitted or received through the website. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Third-Party Content, including personal information, placed on or sent over the website may be monitored. Use of the website, authorized or unauthorized, constitutes consent to such monitoring and to the other terms of this Agreement.

6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY.
    6.1. General Disclaimer and Limited Warranty. You acknowledge that certain aspects of the Information and/or Vendor Information and links provided through the website are compiled from sources which may be beyond the control of Wilburn & Associates, Inc.. Though such Information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur. Wilburn & Associates, Inc., its licensors and Vendors do not warrant the accuracy or suitability of any such Information. Neither Wilburn & Associates, Inc. nor its licensors or Vendors represent or endorse the accuracy or reliability of the Information distributed through the Website. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS WITH ALL FAULTS BASIS." WILBURN & ASSOCIATES, INC. AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, WILBURN  & ASSOCIATES, INC. AND ITS LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.
    6.2. You assume all risk of errors and/or omissions in the website, including the transmission or translation of data. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the website, including the Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.
    6.3. Viruses. YOU ACKNOWLEDGE AND AGREE THAT WILBURN  ASSOCIATES, INC. USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THE WEBSITE OR THE INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD WILBURN & ASSOCIATES, INC. HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
    6.4. LIMITATION OF LIABILITY. YOU AGREE THAT WILBURN  & ASSOCIATES, INC. AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO WILBURN  & ASSOCIATES, INC. BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF WILBURN  & ASSOCIATES, INC. OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
    6.5. FTC NOTICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

7. INDEMNIFICATION.
    YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND INDEMNIFY AND HOLD HARMLESS WILBURN  & ASSOCIATES, INC. AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS' FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND USE OF THE WEBSITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEBSITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.

8. PRIVACY.
    8.1. Privacy. Records of your use of the website is the sole property of Wilburn & Associates, Inc. and is protected by and subject to the U.S. Electronic Communications Privacy Act, as amended, or any successor statute. Wilburn & Associates, Inc. reserves the right to use such information for its marketing, franchising and membership endeavors. Your personally identifying information will not be shared with any third party, with the following exceptions:
    A. Information that Wilburn & Associates, Inc. in good faith determines is legally required to be revealed by any relevant statute, regulation, ordinance, rule, administrative or court order, decree, or subpoena;
    B. Information revealed during the course of Wilburn & Associates, Inc.' enforcement of the policies and procedures of the website, the terms of this Agreement, or during the course of any disciplinary actions;
    C. Information in a manner expressly permitted by the provisions of this Section 8;
    D. Information that Wilburn & Associates, Inc. in good faith determines must be disclosed to correct what it believes to be false or misleading information or to address activities that Wilburn & Associates, Inc. believes to be manipulative, deceptive or otherwise a violation of law; or
    E. Unless you are otherwise notified at the time we collect the data. 
    8.2. Privacy of Minors. Protecting the privacy of children is especially important. Wilburn & Associates, Inc. does not knowingly collect information about children and will delete any such information that it discovers or is made aware of.
    8.3. Nonpublic Personal Information. "Nonpublic Personal Information" is the nonpublic information about you that is obtained from you in connection with providing you a financial product or service such as a loan or mortgage. Wilburn & Associates, Inc. may collect nonpublic personal information from the online forms you complete in order to obtain the financial product or service, from information collected as a result of your transactions with Wilburn & Associates, Inc. or others, and from consumer reporting agencies.
    Wilburn & Associates, Inc. will not disclose any nonpublic personal information about our current or former customers to anyone, except as permitted or required by law, or as described below.
    We may disclose all of the information we collect about you to our affiliates who offer related goods and services, and to nonaffiliated third parties that perform services on our behalf, including marketing services, or other financial institutions with whom we have joint marketing agreements.
    If we collect nonpublic personal information from you to provide third-party financial products and services requested by you, such third-party's use of your personal information will be subject to their privacy policy as disclosed to you by them.
    We have procedures in place that limit access to nonpublic personal information to those employees and other individuals who need to know such information to provide products and services to you. We will maintain physical, electronic, and procedural safeguards to protect the confidentiality of your nonpublic personal information as required by law.

9. UNSOLICITED EMAIL AND DIRECT MARKETING.
    9.1. Unsolicited Email. Wilburn & Associates, Inc. supports responsible ecommerce. Wilburn & Associates, Inc. does not authorize anyone to use the website to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail ("SPAM").
    9.2. Electronic Direct Marketing Programs. Wilburn & Associates, Inc. may develop and participate in electronic direct marketing to users of the website who elect to receive electronic mail of specific interest to them. In keeping with this Agreement, Wilburn & Associates, Inc. does not forward the names and addresses (electronic or otherwise) to third parties. Wilburn & Associates, Inc. will forward the advertisements to users who have elected to receive that category of electronic mail. Users may elect to not receive similar electronic mail by requesting that their email address be removed from the mailing list by selecting the appropriate option included with each email advertisement sent by Wilburn & Associates, Inc.. In addition, users may elect to be removed from such lists at any time by sending a message to the System administrator at webmaster@wilburnassociates.com.
    9.3. Reporting SPAM. Users who receive SPAM or any threatening or offensive email through the website may report it to Wilburn & Associates, Inc. by forwarding the unedited message with the full message header to webmaster@wilburnassociates.com.
    9.4. Reservation of Rights. Wilburn & Associates, Inc. reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the website of SPAM, junk email, threatening or offensive email, or email otherwise determined by Wilburn & Associates, Inc., in its sole discretion, to be objectionable. Wilburn & Associates reserves the right to suspend or terminate any person or entity's use of or access to the website if it determines, in its sole and absolute discretion, that such person has used or intends to use the website in violation of this policy. A failure of Wilburn & Associates, Inc. to exercise any right provided for herein shall not be deemed to be a waiver of such right.

10. MISCELLANEOUS
    10.1. Governing Law; Limitations; Venue. The laws of the State of Georgia , excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the website as contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose. Further, any such claim or cause of action shall be brought EXCLUSIVELY in the state or federal courts located in Fulton County, Georgia and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Georgia as your agent for service of process. You agree to waive any objection that the state or federal courts of Fulton County, Georgia are an inconvenient forum.
    10.2. Assignments. You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Wilburn & Associates, Inc.. Any assignment other than as provided for in this Section 10.2 shall be null and void.
    10.3. Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
    10.4. U.S. Government Restricted Rights; Export. The materials on the website are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of Wilburn & Associates, Inc.' proprietary rights in them. You may not use or export the Information or any other materials in this website in violation of U.S. export laws and regulations.
    10.5. Termination. Wilburn & Associates, Inc. may terminate or suspend your use of the website for any reason. Termination or cancellation of your use of the website shall not effect any right or relief to which Wilburn & Associates, Inc. may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Wilburn & Associates, Inc..
    10.6. Notice. Official correspondence must be sent via postal mail to:
    Wilburn & Associates, Inc.
    P.O. Box 312366 
    Atlanta, GA 31131
    10.7. Entire Agreement. This Agreement is complete and effective at the time you begin use of the website. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Wilburn & Associates, Inc. In the event that any inconsistencies exist between this Agreement and any future published terms or understanding, the last published Agreement or terms of use shall control.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY WILBURN & ASSOCIATES, INC.

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