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homSALE Online Terms of Use |
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THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF HomSale, LLC. ("HomSale") AND THE HOME SEARCH AND ADVERTISING SERVICES AVAILABLE ON THIS SITE (THE "SERVICES"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT HomSale MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. This Site and the Services are intended for use by individuals looking for properties advertised for sale and for property owners looking to advertise a property for sale.
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General Use Restrictions
All information, documents and Services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by HomSale. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.
HomSale grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the HomSale copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and HomSale may remove your postings from this Site and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If HomSale becomes aware of any of the foregoing activities, HomSale may investigate and may respond, and when appropriate, HomSale may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that HomSale expressly prohibits and you agree not to:
Provide any false or misleading information about your identity to HomSale in relation to your use of or access to the Site and/or Services;
Post any false or inaccurate Submissions (defined below) or information;
Use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
Post any Submissions or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable.
Harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact.
Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes and/or advertise any products or services either by directly posting on the Site or within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication.
Take any action that imposes an unreasonable or disproportionately large burden on Site's infrastructure.
Frame or link to the Site of any of the content or information available from the Site unless HomSale expressly consents to such linking and/or framing.
Intentionally expose the Site and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or Service;
Use any robot, spider or other program or device to retrieve or index any portion of the HomSale Site;
Harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein.
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Account Registration and Password Protection Prior to gaining access to certain Services on the Site, HomSale will require you to set up a user name and password (the "Password(s)") as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by HomSale from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by HomSale at any time, including upon the misuse of any and the reissuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform HomSale immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.
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Third Party Content Third parties may provide certain information and content to HomSale ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. HomSale DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
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Links To Third Party Sites This Site may provide links to other Web sites or resources over which HomSale does not have control ("External Web Sites"). Such links do not constitute an endorsement by HomSale of those External Web Sites. You acknowledge that HomSale is providing these links to you only as a convenience, and further agree that HomSale is not responsible for the content of such External Web Sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.
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Privacy Policy Your use of the Site is governed by the HomSale Privacy Policy that is available at http://www.homsale.com/privacy.asp (the "Privacy Policy").
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Submissions You acknowledge that you are responsible for the information and material that you submit to the Site (each a "Submission"), and that you, and not HomSale, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that HomSale shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. If you submit information to the Site, you grant HomSale a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, HomSale agrees to use your information in accordance with HomSale's Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO HomSale. Notwithstanding the foregoing, you hereby assign to HomSale all right, title and interest in and to any new feature that you may suggest or submit to HomSale and you acknowledge and agree that HomSale may use such suggestion or submission in any manner, including, without limitation, to develop features for the Site.
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Indemnification You agree to defend, indemnify and hold harmless HomSale and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Services or breach of these Terms.
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Disclaimer of Warranty You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by HomSale, and agree that HomSale does not warrant the accuracy or timeliness of the Materials and further agree that HomSale has no liability for any errors or omissions in the Materials, whether provided by HomSale or its licensors.
HomSale, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. HomSale PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.
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Limitation of Liability NEITHER HomSale NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF HomSale WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
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This Terms of Use document was last updated: January 1, 2007 This Terms of Use document is effective as of: September 12, 2006
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