Terms & Conditions

Welcome to MainStreet America. The following Terms of Use apply when you view or use the Service via the Site. Please review the following terms carefully. By accessing or using the Site or the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site or the Service.

For the purposes of these Terms of Use:

  1. “Service” refers to the services and functionalities provided by us through, and in connection with, the Site, including, without limitation, the ability to receive information about and purchase products and services featured at our MainStreet America® model home theme park and/or on the Site;
  2. “Site” refers to the website, www.ted.mainstreetamerica.com;
  3. “User” or “Users” refers to users of the Site and/or the Service;
  4. “we,” “us,” and “our” refer to BMF MainStreet America, LLC, a Texas limited liability company, the owner of the Site; and
  5. “you” refers to you, as a User.

PRIVACY POLICY

We respect the privacy of our Users. Please refer to the MainStreet America Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. By accessing or using the Site or the Service, you signify your agreement to such Privacy Policy in addition to these Terms of Use.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

The Service is for use by adults only. Individuals under the age of 18 are not permitted to use the Service without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account. Should we learn that someone under the age of 13 has provided any personal information to or on the Site, we will remove that information as soon as possible.

You are responsible for (i) keeping your account password confidential and secure, (ii) avoiding unauthorized access to your computer and account, and (iii) keeping the email address associated with your account current. You are fully responsible for all activities that occur within or through your account.

We may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site or the Service, including any account thereon, without notice, for any reason in our sole discretion, including, without limitation, violation of these Terms of Use, or our belief that access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to us, any of our third party providers, or another User.

You agree to notify us immediately of any unauthorized use of your password and/or account. We are not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your email address, password and/or account.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following Use Restrictions: You agree that you will not under any circumstances:

  1. use the Service for any unlawful purpose or for the promotion of illegal activities;
  2. use or access another User’s account without such User’s permission;
  3. provide false or inaccurate information when registering an account;
  4. interfere or attempt to interfere with the proper functioning of the Service;
  5. make any automated use of the Site or the Service or the underlying systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; or
  6. bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or publish or link to malicious content intended to damage or disrupt another User’s browser or computer.

You hereby affirm we have the right to determine whether you have violated these Use Restrictions and the right to terminate your account with or without prior notice.

ONLINE CONTENT DISCLAIMER

Any content, opinions, advice, statements, offers, or other information or content made available through the Site or the Service, but not directly by us, are those of their respective third party authors, and should not necessarily be relied upon. Such third parties are solely responsible for such content. We do not make any representation, warranty, or guaranty of the accuracy, completeness, or usefulness of any third party content or information on the Site or the Service, nor do we adopt or endorse any such third party information or content. We are a distributor and not a publisher of any such third party content. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content on the Site or the Service provided by any third party. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of the information, opinions, advice, or content available from third parties through the Site.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party websites whose products or services are featured on the Site (“Third Party Sites”), delivered to you by email via the Service, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to, or originating from, third parties (the “Third Party Content”). These links are provided as a courtesy to Users. We have no control over Third Party Sites and Third Party Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Content. Such Third Party Sites and Third Party Content are not investigated, monitored or checked by us for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of, or contained in, the Third Party Sites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of, any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content or third party application, you do so at your own risk, and you should be aware that our Terms of Use, Privacy Policy and other policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, related to any Third Party Sites or Third Party Content or third party applications.

COPYRIGHT COMPLAINTS AND DESIGNATED COPYRIGHT AGENT

For the purpose of this part only, “you” or “your” shall refer to the owner of a copyright or someone acting on behalf thereof, believing that materials on the Site infringe on such owner’s intellectual property rights.

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent at the address listed below:

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. Identification and description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. Identification and description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have 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; and
  7. 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.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to this Site should be sent to: Michael E. Feigin, CEO, BMF MainStreet America, LLC, 18450 I-45 North, Spring, Texas 77373, mike@mainstreetamerica.com.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE TO US

Communications made through the Site’s email and messaging system will not constitute legal notice to us or any of our officers, employees, agents or representatives in any situation where notice to us is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

  1. You consent to receive communications from us in an electronic form via the email address you submitted when registering at the Site;
  2. You agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect any non-waivable rights you may have; and
  3. We may use your email address to send you other messages, including information about the Service and special offers. You may opt out of such email by changing your account settings or sending an email to info@mainstreetamerica.com. Opting out may, however, prevent you from receiving messages regarding the Service or special offers.

WARRANTY DISCLAIMER

THE SERVICE AND THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE, THE SITE AND THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE. THIS PROVISION MAY NOT APPLY TO YOU IF YOUR JURISDICTION LIMITS OR DOES NOT PERMIT DISCLAIMERS OF WARRANTY.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR MEMBERS, MANAGERS, OFFICERS, AGENTS, AFFILIATES, CONTRACTORS, LICENSORS, JOINT VENTURES, PARTNERS, OR EMPLOYEES, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (1) YOUR USE OR INABILITY TO USE THE SERVICE OR THE SITE; (2) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (3) ANY OTHER INTERACTIONS WITH US, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS PROVISION MAY NOT APPLY TO YOU IF YOUR JURISDICTION LIMITS OR DOES NOT PERMIT DISCLAIMERS OF LIABILITY.

If you have a dispute with ANY THIRD PARTY, INCLUDING ANY PROVIDER of a product or service that you OBTAIN INFORMATION ABOUT THROUGH the Service, you release us (and OUR MEMBERS, MANAGERS, OFFICERS, AGENTS, AFFILIATES, LICENSORS, JOINT VENTURES, PARTNERS, AND EMPLOYEES) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

MODIFICATION OF TERMS OF USE, PRIVACY POLICY OR INFORMATION PRACTICES

We reserve the right to change our Terms of Use, Privacy Policy or our information practices, at any time (“Changes”). We will notify you of significant Changes by placing a prominent notice on the Site, or, at our election, by sending a notice to the primary email address specified in your account. Significant Changes will go into effect 30 days following posting or notification of such Changes. Non-material Changes or clarifications will take effect immediately. It is your sole responsibility to check the Site periodically for updates and make sure the email address on your account is current so that you may receive any emails containing Changes or other updates to our, Terms of Use, Privacy Policy or information practices.

GENERAL TERMS

If any part of these Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be construed such that it is consistent with applicable law. The remaining portions will remain in full force and effect.

Any failure on our part to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision.

Our rights under these Terms of Use will survive any termination or modification of these Terms of Use.

You agree that any cause of action related to, or arising out of, your relationship with us must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions.

We may assign or delegate these Terms of Use and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the prior written consent of one of our officers, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US RELATED TO THESE TERMS OF USE AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.

If you have any questions regarding our Terms of Use or the practices of our Site, please contact us by sending an email to info@mainstreetamerica.com.

Last Updated:
These Terms of Use were last updated on June 1, 2013.