Terms of Use
Welcome to the blackhillshomebuilders.com web site (the "Site"), provided by The Black Hills Home Builders Association ("BHHBA") doing business as blackhillshomebuilders.com. This Agreement contains terms and conditions upon which you ("you," or "the user") may access the valuable information and services available through this website. By entering this Site or the links accessible through this Site, you confirm that you understand and intend this Agreement to be the legal equivalent of a signed, written contract, and equally binding. If you do not agree with the terms in this Agreement you will exit the Site.

Limitation of Liability and Warranty
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER BHHBA OR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.

NEITHER BHHBA NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, INFORMATION CONTAINED ON THE SITE, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED FROM THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION WILL APPLY TO YOUR PERSONAL USE OF THE SITE, ALL CONTENT AND INFORMATION CONTAINED IN THE SITE, ALL ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.

Grant of License
This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use the Site, conditioned by continued compliance with the terms and conditions of this Agreement.

Copyrights
All materials on this Site, including the Site's design and organization, are owned and copyrighted by The Black Hills Home Builders Association and are protected by U.S. and international copyrights. The contents of and all materials distributed in conjunction with the Site, including the graphical display of any information, are copyright (c) 2007 by The Black Hills Home Builders Association and/or its suppliers with all rights reserved. BHHBA also owns a copyright on the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any information or any other content generated by the Site without written consent from The Black Hills Home Builders Association is expressly prohibited. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the Site, with the following exception: You may display, and print one electronic copy of content provided by BHHBA for your personal use. You may not, without The Black Hills Home Builders Association written permission, "mirror" or "frame" any material contained on this Site. blackhillshomebuilders.com, and all other names, logos, and icons identifying products and services are proprietary marks of The Black Hills Home Builders Association, and any use of such marks without the express written permission of BHHBA is strictly prohibited (including without limitation use of such marks in connection with republication or citation of the rankings contained in the Site). Please be aware that BHHBA actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Requests for The Black Hills Home Builders Association permission to publish, copy, reproduce, distribute, transfer or otherwise use any materials contained in the Site should be e-mailed to kstulc@rushmore.com.

Proprietary Rights in Databases
The databases containing any provider information (the "Databases") constitute valuable proprietary compilations owned by BHHBA which are protected by state, federal, and international law, including, without limitation, copyright and trade secret laws. Further, you agree that you will not, directly or indirectly compile mailing lists or other lists of any providers for commercial purposes, establish independent data files or compendiums of statistical information; in violation of local, state, national, or international laws and regulations, or to generate or download more than ten (10) reports in any given day without prior written authorization. Other terms of use may be available, but only with the express written permission of the Black Hills Home Builders Association.

All information on the Site, or associated or linked to the Site, is extracted, read, used, and relied upon by you at your own risk. This is merely an online directory. Further, the fact that an advertiser on the Site is listed as a "Sponsor" as or a "Member", or is otherwise prominently featured, is not an endorsement by The Black Hills Home Builders Association or the Site. It is simply because the advertiser has paid for such prominent listing.

Third Party Content
Certain materials from third party vendors and IIPs including but not limited, product reviews, news, data, research, analysis, and opinions, may be made available as part of the Site or through links from the Site. The third party vendors and IIPs have represented to BHHBA that they obtained such information from sources believed by them to be reliable. BHHBA makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, or correct sequencing of, such third party vendor or IIP content. Likewise, BHHBA does not endorse, oppose, or edit any opinion or analysis expressed by a third party vendor or an IIP, and disclaims responsibility and liability for third party vendor and IIP provided materials.

Our Privacy Policy
BHHBA considers protecting a user's personal data to be important, and has developed a Privacy Policy outlining BHHBA personal data collection and use practices, which are incorporated by reference as if set forth in its entirety herein.

Permission to Use Submissions
By transmitting or posting any suggestions, information, material, or other content (collectively, "content") to blackhillhomebuilders.com, you automatically grant BHHBA the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, BHHBA is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services.

Confidentiality on Internet
Use of the internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While BHHBA has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to blackhillshomebuilders.com via the internet cannot be guaranteed. Consequently, BHHBA and its affiliates are not responsible for the security of any information transmitted via the internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. To ensure private and personalized attention, contact BHHBA at: kstulc@rushmore.com


Security of Site
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. BHHBA reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site.

Changes in Service
While BHHBA strives to provide the most accurate, up to date information available, the Databases and materials on the Site may contain technical inaccuracies or typographical errors, and may be changed or updated without notice; BHHBA will not be liable or responsible for any such inaccuracies, errors, changes, or updates. BHHBA also reserves the right to change and/or discontinue its currently provided services at any time, for any reason.

Indemnity
You agree to defend, indemnify, and hold harmless BHHBA, Inc. and its affiliates and all of their respective employees, agents, directors, officers, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on information obtained at the Site, any products or services obtained through the Site, and any breach by you of this Agreement.

Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall The Black Hills Home Builders Association or its officers, directors, shareholders, employees, agents or affiliates be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss, which by way of example, includes loss of use, loss of data, loss of profits, physical damage or injury, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the use or performance of this Site, with the delay or inability to use this Site, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on or accessible through this Site, even if advised of the possibility of such damages.
With respect to products, goods, or services purchased from any person or entity identified, listed, named in or contacted through the Site, or any links to other The Black Hills Home Builder Association websites, in no event shall The Black Hills Home Builders Association or its officers, directors, shareholders, employees, agents or affiliates be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of profits, litigation, physical damage or injury, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.

Indemnification
You agree to indemnify, defend, and hold harmless The Black Hills Home Builders Association and its officers, directors, shareholders, employees, agents and affiliates from any liability, loss, claim and expense (including reasonable attorneys' fees) arising out of or related to your violation of this Agreement or use of this Site in any manner.

Your use of this Site shall constitute your acceptance of the terms of this Agreement, as amended, if any, each and every time you access this Site. The Black Hills Home Builders Association may amend this Agreement at any time in its sole discretion, and such amendments shall be effective immediately upon posting of the amended Agreement.

Miscellaneous
BHHBA and its affiliates will not be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

The provisions of Sections 3-6 and 13-22 of this Agreement will survive the termination of this Agreement. Failure to insist on strict performance of any term of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any term of this Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. No joint venture, partnership, employment, or agency relationship exists between you and BHHBA as a result of this Agreement or your use of the Site. Any rights not expressly granted herein are reserved. This Agreement, the BHHBA Privacy Policy and other policy agreements listed on specific sections of this Site constitute the entire agreement between you and The Black Hills Home Builder Association with respect to your use of the Site, and shall supersede any and all prior understandings or agreements between the parties, whether written or oral.

The Black Hills Home Builders Associations failure to insist upon strict enforcement of any provision(s) of this Agreement shall not be construed as a waiver of any provision or right.