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Homefindinginfo.com Terms and Conditions
Homefindinginfo.com
provides portions of this internet website and access to agents,
businesses, and
sellers listed on this internet web site (collectively, the “Services”)
under the following terms and conditions
of service and use (the “Terms”). Please read them carefully. You
understand, agree and acknowledge that
your use of the Services provided to you are exclusively governed by
these Terms which cannot be modified
by you. By accessing and using the Services, you agree that you have read
and understand the Terms and
that you agree to be bound by them, without limitation or qualification
and that no signatures are required to
implement the Terms. As used on this Web site, the terms “we”, “us”, or
“our” refer to Homefindinginfo.com.
“You” refers to all users of the web site. “Agents” refers to Real Estate
agents who subscribe to or are listed
by Homefindinginfo.com for any other reason. “Businesses” refers to any
business entity who may enter
into an agreement with Homefindinginfo.com to be listed on the web site.
“Sellers” refers to users who list
their properties for sale on the web site. In all cases, a
written agreement between an agent, business, or
seller and Homefindinginfo.com shall take precedence over provisions of
these Terms only to the extent
that the written agreement conflicts with the Terms herein. All
non-conflicting provisions to remain in
effect.
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ADDITIONAL
TERMS; MODIFICATIONS TO THE TERMS
Homefindinginfo.com may change the Terms from time to time without
prior notification to you. Each time you access the web site you will be
governed by the Terms then in effect. If you object to any such changes,
your sole recourse shall be to cease using the Services. Continued use of
the Services following any such changes shall indicate your
acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes, without limitation or qualification. In
addition, when using particular portions of the Services, you may be
governed by additional terms which will appear when accessing such
Services. All such additional terms are herein incorporated by reference.
In the event of a conflict between such additional terms and these Terms,
such additional terms shall govern when you access such Services.
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MODIFICATIONS TO THE SERVICES
We reserve the right to modify or discontinue (temporarily or permanently)
the Services (or any part thereof) with or without notice to you. We shall
not be liable to you or any third party if we exercise our right to modify
or discontinue the Services. If you object to any such changes, your sole
recourse shall be to cease using the Services. Continued use of the
Services following notice of any such changes shall indicate your
acknowledgement of such changes and satisfaction with the Services as so
modified.
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PRIVACY
As part of the registration process, you may be asked to provide certain
personal information to us. We hold this information to be of a personal
nature and do everything in our power to preserve your privacy. If you
should request information or assistance, Homefindinginfo.com may forward
your information to the entity that may be able to provide your with the
service you desire.
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YOUR
RESPONSIBILITIES
In providing us with information during the registration process, you
agree to provide true, accurate, current and complete information as
prompted and to maintain and update such information to keep it true,
accurate, current and complete at all times. If any information you
provide is untrue, inaccurate, not current or incomplete, or if we
reasonably believe so, we may suspend or terminate your access to and use
of the Services, and refuse to provide further Services to you. You
acknowledge that you are over 18 years of age. You are responsible for
obtaining and maintaining all telephone, computer hardware and other
equipment needed for access to and use of the Services and all charges
related thereto. You agree not to use the Services to do any of the
following:
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violate any
local, state, national or international law;
·
stalk,
harass or harm another individual or communicate with such individual
after being advised to cease any such communications;
·
collect,
harvest or store personal data about other users including email addresses
or contact Sellers for
any purpose other than responding to the content posted by such
Sellers;
·
impersonate
any person or entity, or otherwise misrepresent your affiliation with a
person or entity;
·
interfere
with or disrupt the Services or servers or networks connected to the
Homefindinginfo.com Web site or the other Services, or disobey any
requirements, procedures, policies or regulations of networks connected to
the Homefindinginfo.com web site; and/or
upload, submit, post, store or transmit any (a) content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, hateful, racist, sexist,
homophobic, or ethnically or otherwise objectionable; (b) content that you
do not have a right to transmit under any law or under contractual or
fiduciary relationships; (c) content that infringes the intellectual
property rights of a third party; or (d) material that contains software
viruses or any other computer code, files or programs (d) unsolicited
advertising material, notices or “spam”, “junk mail”, pyramid schemes,
chain letters or the like; (e) surveys that have not been approved or
cleared by us;or (f) contests or games of chance.
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THIRD PARTY
CONTENT AND MONITORING
We are a distributor (and not a publisher) of Content supplied by third
parties and users of the Services. Accordingly, we have no editorial
control over such Content. Any opinions, advice, statements, services,
offers, or other information or Content expressed or made available by
third parties, including information provided by other users of the
Services, are those of the respective author(s) or distributor(s) of that
information and not of Homefindinginfo.com. We neither endorse nor
are responsible for the accuracy or reliability of any opinion, advice,
information, or statement made on the Homefindinginfo.com Web site
by such parties. By posting, inputting or otherwise submitting information
to our web site, you are representing you are the rightful owner of such
information and are granting us the right, license and privilege to use
such information or data in any way we deem appropriate. We have the
right, but not the obligation, to monitor and review the Content on the
Homefindinginfo.com Web site and provided through use of the Services
and your account to determine compliance with these Terms and any other
operating rules established by us, to satisfy any law, regulation or
authorized government request, or for other purposes. You understand and
acknowledge that we do not pre-screen or monitor Content for accuracy or
reliability, but that we and our designees shall have the right (but not
the obligation) in our sole discretion to remove any Content from the
Services, without liability to you for any reason. Without limiting the
foregoing, we and our designees shall have the right to remove any Content
that violates the Terms, that we believe may create liability for us, or
that we deem otherwise objectionable.
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DEALINGS
WITH PARTNERS AND ADVERTISERS
Your correspondence or business dealings with, participation in promotions
of, or purchase of goods and/or services from our partners, advertisers or
sponsors found on or through the Services, and any terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such partner(s), advertiser(s) or sponsor(s). YOU AGREE
THAT Homefinfindinfo.com SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR
AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON
OR THROUGH THE SERVICES.
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EXTERNAL
LINKS
Our provision of a link to any other Web site or location is for your
convenience and does not signify our endorsement of such other Web site or
location or its contents. Any concerns you may have regarding any external
link should be directed to that link’s Web site administrator or
webmaster. Homefindinginfo.com SHALL NOT BE LIABLE FOR ANY
INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB SITE, INTERNET
LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
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NO SPAM
We do not condone or allow spam. We prohibit you from using the Services
to promote your own Web site or any business, product or service through
the sending of unsolicited email. We reserve the right to investigate and
terminate your rights under this Agreement. You agree that the sole
purpose of your accessing the email address of a Seller, is to determine
whether or not to submit a bid to purchase such Seller’s home.
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NO RESALE OF
SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Services, use of the Services
or access to the Services. The Services are provided for your personal,
noncommercial use only.
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TERMINATION
You agree that we, in our sole discretion, may terminate your password,
account (or any part thereof) or access to and use of the Services, and
remove and discard any information posted by you on or through the
Services, for any reason or no reason, with or without notice and
effective immediately, including, without limitation, if we believe that
you have violated or acted inconsistently with the letter or spirit of the
Terms. You acknowledge and agree that we may immediately deactivate or
delete your account and all related information and files in your account
and/or bar any further access to such files or the Services. You agree
that we may terminate your account if it remains inactive for an extended
period of time. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You
may discontinue your participation in and access to the Services at any
time.
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DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND
NON-INFRINGEMENT WITH RESPECT TO THE SERVICES.
WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
(B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE
ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY
INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE
SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE
CORRECTED; OR (E) THE Homefindinginfo.com WEB SITE OR THE SERVER
THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.
WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES
OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Homefindinginfo.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
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LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED
UNDER APPLICABLE LAW, IN NO EVENT WILL Homefindinginfo.com OR ITS
OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES,
AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY
WAY RELATED TO:
a.
the use or
the inability to use the Services;
b.
the cost of
procurement of substitute goods and services resulting from any goods,
data, information or services purchased or obtained or transactions
entered into through or from the Services;
c.
unauthorized
access to or alteration of your transmissions or data;
d.
statements
or conduct of any third party on or through the Services, including
threatening, defamatory, obscene, offensive or illegal conduct or any
infringement of another’s rights, including intellectual property rights;
e.
your failure
to adequately safeguard your password or access to the Services;
f.
any Content
you access through the services, including, but not limited to, for any
errors or omissions in any Content, or your use of or reliance on any
Content posted, emailed or otherwise transmitted through the Services;
g.
termination
of your access to or use of the Services as provided herein;
h.
the deletion
or failure to store any information or data, communications or Content
maintained or transmitted by or through the Services;
i.
any
modification, suspension or discontinuance of the Services (or any part
thereof) or these terms;
j.
use of or
reliance on any Content, goods or services available on any other Web
sites that you access through the Services; and
k.
any other
matter relating to the Services or these Terms.
·
EXCLUSIONS
AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations and disclaimers may
not apply to you. To the extent that we may not, as a matter of applicable
law, disclaim any implied warranty or limit its liabilities, the scope and
duration of such warranty and the extent of our liability shall be the
minimum permitted under such applicable law.
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INDEMNIFICATION
You agree to indemnify, defend and hold harmless Homefindinginfo.com,
its parents, subsidiaries, affiliates, officers, directors, co-branders or
other partners, employees, consultants and agents from and against any and
all third-party claims, liabilities, damages, losses, costs, expenses,
fees (including reasonable attorneys’ fees) that such parties may incur as
a result of or arising from (1) any information or Content (as defined
below) that you (or anyone using your account) submits, posts or transmits
through the Services, (2) your (or anyone using your account’s) use of the
Services, (3) your (or anyone using your account’s) violation of these
Terms, (4) your (or anyone using your account’s) violation of any rights
of any other person or entity or (5) any viruses, trojan horses, worms,
time bombs, cancel bots or other similar harmful or deleterious
programming routines input by you into the Homefinding.com Web site
or other Services.
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TRADEMARKS
Certain of the names, logos, and other materials displayed on the
Homefindinginfo.com Web site and in and through the Services
constitute trademarks, trade names, service marks or logos (“Marks”) of
Homefindinginfo.com or other entities. You are not authorized to use
any such Marks. Ownership of all such Marks and the goodwill associated
therewith remains with us or those other entities.
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COPYRIGHTS;
RESTRICTIONS ON USE
The content of the Services, including without limitation, text, software,
music, sound, photos, graphics, video, page layout and design and other
material contained in the Services or information presented through the
Services by Homefindinginfo.com or its licensors (the “Content”),
is copyrighted by Homefindinginfo.com and/or its licensors under
United States and international copyright laws, is subject to other
intellectual property and proprietary rights and laws, including trademark
and patent laws, and is owned by Homefindinginfo.com or its
licensors. The Content may not be copied, modified, reproduced,
republished, uploaded, posted, transmitted, sold, offered for sale, or
redistributed in any way without the prior written permission of
Homefindinginfo.com and our applicable licensors. You must abide by
all copyright notices, information, or restrictions contained in or
attached to any Content. You acknowledge and agree that the Service and
any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Homefindinginfo.com or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in whole
or in part. Homefindinginfo.com grants you a personal,
non-transferable and non-exclusive right and license to use the object
code of its Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by
any means other than through the interface that is provided by
Homefindinginfo.com for use in accessing the Service.
·
LICENSE
You hereby grant to Homefindinginfo.com and its successors and
assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicenseable
right, in any media now known or currently known, to exercise all
copyright and other intellectual property rights with respect the Content
you provide to us to be published on the Homefindinginfo.com Web
site or on or through the Services or otherwise through the Services, to
use, distribute, display, reproduce, modify and create derivative works
from such material, in any and all media, in any manner, in whole or in
part, without any duty to account to you. The foregoing does not apply to
Content contained on hyper linked pages or any other Content you do not
submit to us.
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MISCELLANEOUS
The Terms constitute the entire and exclusive and final statement of the
agreement between you and Homefindinginfo.com with respect to the
subject matter hereof, and govern your use of the Services, superseding
any prior agreements or negotiations between you and
Homefindinginfo.com with respect to the subject matter hereof. The
Terms and the relationship between you and Homefindinginfo.com
shall be governed by the laws of the State of
New York as applied to agreements made, entered into and performed
entirely in New York by New York residents, notwithstanding your actual
place of residence. All lawsuits arising out of the Terms or out of your
use of the Services shall be brought in the Federal or state courts having
jurisdiction over New York County, New York and you hereby irrevocably
submit to the exclusive personal jurisdiction of such courts for such
purpose. Service of Process in any such action may be effected either by
certified mail, return receipt requested or by recognized national private
carrier where you or your authorized agent accept delivery of such service
of process. Our failure to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties’ intentions as reflected in the provision, and
that the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Services or the
Terms must be filed within one (1) year after such claim or cause of
action arose or be forever barred. The section titles in the Terms are for
convenience only and have no legal or contractual effect.
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VIOLATIONS
Please report any violations of the Terms to us at violations@Homefindinginfo.com
Any rights not
expressly granted herein are reserved by Homefindinginfo.com.
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This website is
intended for informational purposes only. Homefindinginfo.com
does not take responsibility for the performance or non-performance
of any entities listed within its website. You are advised to
do your own research regarding the competency of any entity with
which you may do business.
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