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1. ACCEPTANCE OF TERMS
homesearchplace.com provides
a collection of online resources, including
classified ads, forums, catalogs, and
various email services available on or
through homesearchplace.com (referred
to hereafter as “the Service”) subject to
the following Terms of Use (“TOU”). By using
the Service in any way, you are agreeing to
comply with the TOU. In addition, when using
particular homesearchplace.com services,
you agree to abide by any applicable posted
guidelines for all homesearchplace.com services,
which may change from time to time. Should
you object to any term or condition of the
TOU, any guidelines, or any subsequent
modifications thereto or become dissatisfied
with the Service in any way, your
only recourse is to immediately discontinue
use of the Service.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole
discretion, to change, modify or otherwise
alter these terms and conditions at any
time. Such modifications shall become
effective immediately upon the posting
thereof. You must review this agreement on a
regular basis to keep yourself apprised of
any changes.
3. ELIGIBILITY FOR USE
homesearchplace.com reserves
some parts of the Service exclusively for
professional purchasers, sellers, collectors
and resellers of items and accessories who
are acceptable to homesearchplace.com in
its sole discretion. Although homesearchplace.com attempts
to limit the use of these parts of the
Service to such purchasers, sellers,
collectors and resellers of items and
accessories, nothing herein shall create any
right of action against homesearchplace.com for
failing to adequately screen potential users
or prevent the use of homesearchplace.com or
the Service by users who are not
professional purchasers, sellers, collectors
and resellers of items or accessories.
4. CONTENT
You understand that all advertisements,
postings, messages, text, files, images,
photos, video, sounds, or other materials
(“Content”) posted on, transmitted through,
or linked from the Service are the sole
responsibility of the person from whom such
Content originated. More specifically, you
are entirely responsible for each individual
item of Content that you post, email or
otherwise make available via the Service.
Likewise, if you request the assistance of homesearchplace.com to
post content, or if you imply consent that homesearchplace.com may
post content on your behalf, either by
written or oral means, or you fail to inform homesearchplace.com that
content should be removed, you are equally
responsible for the content. You waive any
and all claims against homesearchplace.com of
a right of publicity for your image or
likeness throughout the world by posting any
information or pictures of yourself on homesearchplace.com.
You understand that homesearchplace.com does
not control, and is not responsible for
personal Content made available through the
Service, and that by using the Service, you
may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or
otherwise objectionable. When you post User
Content to the Service, you authorize and
direct us to make such copies thereof as we
deem necessary in order to facilitate the
posting and storage of the Content on the
Service. By posting Content to any part of
the Service, you automatically grant, and
you represent and warrant that you have the
right to grant, to the Company an
irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license
(with the right to sublicense) to use, copy,
publicly perform, publicly display,
reformat, translate, excerpt (in whole or in
part) and distribute such Content for any
purpose on or in connection with the Service
or the promotion thereof, to prepare
derivative works of, or incorporate into
other works, such Content, and to grant and
authorize sublicenses of the foregoing.
Furthermore, homesearchplace.com and
Content available through the Service may
contain links to other websites, which are
completely independent of homesearchplace.com. Homesearchplace.com makes
no representation or warranty as to the
accuracy, completeness or authenticity of
the information contained in any such site.
Following links to any other websites is at
your own risk. You agree that you must
evaluate, and bear all risks associated
with, the use of any Content, that you may
not rely on said Content, and that under no
circumstances will homesearchplace.com be
liable in any way for any Content or for any
loss or damage of any kind incurred as a
result of the use of any Content posted,
emailed or otherwise made available via the
Service. You acknowledge that homesearchplace.com does
not pre-screen or approve Content, but that homesearchplace.com shall
have the right (but not the obligation) in
its sole discretion to refuse, delete or
move any Content that is available via the
Service, for violating the letter or spirit
of the TOU or for any other reason.
5. THIRD PARTY CONTENT, SITES, AND SERVICES
Homesearchplace.com and
Content available through the Service may
contain features and functionalities that
may link you or provide you with access to
third party content which is completely
independent of homesearchplace.com,
including web sites, directories, servers,
networks, systems, information and
databases, applications, software, programs,
products or services, and the Internet as a
whole. Your interactions with organizations
and/or individuals found on or through the
Service, including payment and delivery of
goods or services, and any other terms,
conditions, warranties or representations
associated with such dealings, are solely
between you and such organizations and/or
individuals. You should make whatever
investigation you feel necessary or
appropriate before proceeding with any
online or offline transaction with any of
these third parties. We do not guarantee the
quality, safety or legality of, any Content,
the truth or accuracy of the descriptions of
any goods or services offered for sale, the
right of the sellers to sell or license any
such goods or services, or the ability of
any buyer to purchase any such goods or
services. The Service is designed for
experienced buyers accustomed to buying
goods and services based on photographs
and/or descriptive text. Buyers should
assume that any goods offered are not new,
unless otherwise stated, nor in perfect
condition, and may require touch-up or
repairs prior to use and that the available
information about the items may be limited.
It is not possible for homesearchplace.com to
verify information provided by the seller of
any item.
You agree that homesearchplace.com shall
not be responsible or liable for any loss or
damage of any sort incurred as the result of
any dealings between users of the Service.
If there is a dispute between users of the
Service, or between users and any third
party, you understand and agree that homesearchplace.com is
under no obligation to become involved. In
the event that you have a dispute with one
or more other users, you hereby forever
release homesearchplace.com,
its officers, employees, agents and
successors in rights from claims, demands
and damages (actual and consequential) of
every kind or nature, known or unknown,
suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way
related to such disputes and/or our service.
6. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been
copied in a way that constitutes copyright
infringement, or your intellectual property
rights have been otherwise violated, please
send your notice (“Notice”) to homesearchplace.com’s
agent for notice of claims of copyright or
other intellectual property infringement:
by email: info@homesearchplace.com
Please include the following with your
Notice to our Abuse Agent:
The identity of the material on homesearchplace.com that
you claim is infringing, in sufficient
detail so that we may locate it on the
website;
A statement by you that you have a good
faith belief that the disputed use is not
authorized by the copyright owner, its
agent, or the law;
Your address, telephone number, and email
address;
A statement by you declaring under penalty
of perjury that (i) the above information in
your Notice is accurate, and (ii) that you
are the owner of the copyright interest
involved or that you are authorized to act
on behalf of that owner; and
Your physical or electronic signature.
7. PRIVACY AND INFORMATION DISCLOSURE
homesearchplace.com may,
in its sole discretion, preserve or disclose
your Content, as well as your information,
such as email addresses, IP addresses,
timestamps, and other user information. Your
personal information is further governed by homesearchplace.com’s
Privacy Policy.
8. CONDUCT
You agree not to post, email, or otherwise
make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
- with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
- that impersonates any person or entity, including, but not limited to, a homesearchplace.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if: posted in areas of homesearchplace.com which are not designated for such purposes;
- or emailed to homesearchplace.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
- or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by homesearchplace.com;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- post the same item or service in more than one classified category or forum;
- attempt to gain unauthorized access to homesearchplace.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or homesearchplace.com;
- or use any form of automated device or computer program that enables the submission of Content on homesearchplace.com without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
9. POSTING AGENTS
A “Posting Agent” is a third-party agent,
service, or intermediary that offers to post
Content to the Service on behalf of others.
To moderate demands on homesearchplace.com’s
resources, you may not use a Posting Agent
to post Content to the Service without
express permission or license from homesearchplace.com.
Correspondingly, Posting Agents are not
permitted to post Content on behalf of
others, to cause Content to be so posted, or
otherwise access the Service to facilitate
posting Content on behalf of others, except
with express permission or license from homesearchplace.com.
10. NO SPAM POLICY
You understand and agree that sending
unsolicited email advertisements to homesearchplace.com email
addresses or through homesearchplace.com computer
systems is expressly prohibited by these
TOU. Any unauthorized use of homesearchplace.com computer
systems is a violation of the TOU and
certain federal and state laws, including
without limitation the Computer Fraud and
Abuse Act (18 U.S.C. § 1030 et seq.). Such
violations may subject the sender and his or
her agents to civil and criminal penalties.
11. PAID POSTINGS
We may charge a fee to post Content in some
areas of the Service. The fee is an access
fee permitting Content to be posted in a
designated area. Each party posting Content
to the Service is responsible for said
Content and compliance with the TOU. All
fees paid will be non-refundable in the
event that Content is removed from the
Service for violating the TOU. Fees
collected for specific services, such as
subscription services and advertising, are
non-refundable unless otherwise stated in
writing for a specific promotional program.
12. LIMITATIONS ON SERVICE
You acknowledge that homesearchplace.com may
establish limits concerning use of the
Service, including the maximum number of
days that Content will be retained by the
Service, the maximum number and size of
postings, email messages, or other Content
that may be transmitted or stored by the
Service, and the frequency with which you
may access the Service. You agree that homesearchplace.com has
no responsibility or liability for the
deletion or failure to store any Content
maintained or transmitted by the Service.
You acknowledge that homesearchplace.com reserves
the right at any time to modify or
discontinue the Service (or any part
thereof) with or without notice, and that homesearchplace.com shall
not be liable to you or to any third party
for any modification, suspension or
discontinuance of the Service.
13. ACCESS TO THE SERVICE
homesearchplace.com grants
you a limited, revocable, nonexclusive
license to access the Service for your own
personal use. This license does not include:
(a) access to the Service by Posting Agents;
or (b) any collection, aggregation, copying,
duplication, display or derivative use of
the Service nor any use of data mining,
robots, spiders, or similar data gathering
and extraction tools for any purpose unless
expressly permitted by homesearchplace.com.
A limited exception to (b) is provided to
general purpose internet search engines and
non-commercial public archives that use such
tools to gather information for the sole
purpose of displaying hyperlinks to the
Service, provided they each do so from a
stable IP address or range of IP addresses
using an easily identifiable agent and
comply with our robots.txt file. “General
purpose internet search engine” does not
include a website or search engine or other
service that specializes in classified
listings or in any subset of classifieds
listings such as decorative goods or
furniture, or which is in the business of
providing classified ad listing services.
homesearchplace.com does
not permit you to display on your website,
or create a hyperlink on your website to,
individual postings on the Service, absent
express permission granted by homesearchplace.com to
do so. You may create a hyperlink to the
home page of homesearchplace.com,
so long as the link does not portray homesearchplace.com,
its employees, or its affiliates in a false,
misleading, derogatory, or otherwise
offensive matter.
homesearchplace.com may
offer various parts of the Service in RSS
format so that users can embed individual
feeds into a personal website or blog, or
view postings through third party software
news aggregators. homesearchplace.com permits
you to display, excerpt from, and link to
the RSS feeds on your personal website or
personal web blog, provided that (a) your
use of the RSS feed is for personal,
non-commercial purposes only, (b) each title
is correctly linked back to the original
post on the Service and redirects the user
to the post when the user clicks on it, (c)
you provide, adjacent to the RSS feed,
proper attribution to “homesearchplace.com”
as the source, (d) your use or display does
not suggest that homesearchplace.com promotes
or endorses any third party causes, ideas,
web sites, products or services, (e) you do
not redistribute the RSS feed, and (f) your
use does not overburden homesearchplace.com’s
systems. homesearchplace.com reserves
all rights in the content of the RSS feeds
and may terminate any RSS feed at any time.
Use of the Service beyond the scope of
authorized access granted to you by homesearchplace.com immediately
terminates said permission or license. In
order to collect, aggregate, copy,
duplicate, display or make derivative use of
the Service or any Content made available
via the Service for other purposes
(including commercial purposes) not stated
herein, you must first obtain a written
license from homesearchplace.com that
has been signed by one of homesearchplace.com’s
authorized representatives.
14. TERMINATION OF SERVICE
You agree that homesearchplace.com,
in its sole discretion, has the right (but
not the obligation) to delete or deactivate
your account, block your email or IP
address, or otherwise terminate your access
to or use of the Service (or any part
thereof), immediately and without notice,
and remove and discard any Content within
the Service, for any reason, including,
without limitation, if homesearchplace.com believes
that you have acted inconsistently with the
letter or spirit of the TOU. Further, you
agree that homesearchplace.com shall
not be liable to you or any third-party for
any termination of your access to the
Service. Further, you agree not to attempt
to use the Service after said termination.
Sections 2-7 and 13-20 shall survive
termination of the TOU.
15. PROPRIETARY RIGHTS
The Service is protected to the maximum
extent permitted by copyright laws and
international treaties. Content displayed on
or through the Service is protected by
copyright as a collective work and/or
compilation, pursuant to copyrights laws,
and international conventions. Any
reproduction, modification, creation of
derivative works from or redistribution of
the site or the collective work, and/or
copying or reproducing the sites or any
portion thereof to any other server or
location for further reproduction or
redistribution is prohibited without the
express written consent of homesearchplace.com.
You further agree not to reproduce,
duplicate or copy Content from the Service
without the express written consent of homesearchplace.com,
and agree to abide by any and all copyright
notices displayed on the Service. You may
not decompile or disassemble, reverse
engineer or otherwise attempt to discover
any source code contained in the Service.
Without limiting the foregoing, you agree
not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial
purposes, any aspect of the Service. homesearchplace.com,
as well as certain other of the names,
logos, and materials displayed on homesearchplace.com,
constitute trademarks, trade names, service
marks or logos (“Marks”) of homesearchplace.com or
other entities. You are not authorized to
use any such Marks. Ownership of all such
Marks and the goodwill associate therewith
remains with homesearchplace.com or
those other entities.
Although homesearchplace.com does
not claim ownership of content that its
users post, by posting Content to any public
area of the Service, you automatically
grant, and you represent and warrant that
you have the right to grant, to homesearchplace.com an
irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy,
perform, display, and distribute said
Content and to prepare derivative works of,
or incorporate into other works, said
Content, and to grant and authorize
sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content
to any public area of the Service, you
automatically grant homesearchplace.com all
rights necessary to prohibit any subsequent
aggregation, display, copying, duplication,
reproduction, or exploitation of the Content
on the Service by any party for any purpose.
16. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF homesearchplace.com AND
THE SERVICE IS ENTIRELY AT YOUR OWN RISK. homesearchplace.com AND
THE SERVICE ARE PROVIDED ON AN “AS IS” OR
“AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND. ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, homesearchplace.com DISCLAIMS
ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF homesearchplace.com AND
THE SERVICE. TO THE FULLEST EXTENT PERMITTED
BY LAW, homesearchplace.com DISCLAIMS
ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON homesearchplace.com
OR THE SERVICE, OR ACCESSED THROUGH ANY
LINKS ON homesearchplace.com OR
THE SERVICE, INCLUDING WITHOUT LIMITATION,
WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD
OR SERVICE, ANY WARRANTY WITH RESPECT TO
INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR
SERVICE, ANY WARRANTY THAT ANY GOOD OR
SERVICE CONFORMS TO ITS DESCRIPTION OR THE
COLORS, TEXTURE AND DETAIL SHOWN ON THE
USER’S COMPUTER MONITOR. TO THE FULLEST
EXTENT PERMITTED BY LAW, homesearchplace.com DISCLAIMS
ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL
COMPONENTS IN CONNECTION WITH homesearchplace.com OR
THE SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM homesearchplace.com, homesearchplace.com OR
THROUGH THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. Some
jurisdictions do not allow the disclaimer of
implied warranties. In such jurisdictions,
some of the foregoing disclaimers may not
apply to you insofar as they relate to
implied warranties.
17. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL homesearchplace.com BE
LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(EVEN IF homesearchplace.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR
USE OF homesearchplace.com OR
THE SERVICE, WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF homesearchplace.com OR
THE SERVICE, FROM INABILITY TO USE homesearchplace.com OR
THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF homesearchplace.com OR
THE SERVICE. SUCH LIMITATION SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH homesearchplace.com OR
THE SERVICE OR ANY LINKS ON homesearchplace.com OR
THE SERVICE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH homesearchplace.com OR
THE SERVICE OR ANY LINKS ON homesearchplace.com.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some
jurisdictions, limitations of liability are
not permitted. In such jurisdictions, some
of the foregoing limitation may not apply to
you.
18. INDEMNITY
You agree to indemnify and hold homesearchplace.com,
its officers, subsidiaries, affiliates,
successors, assigns, directors, officers,
agents, service providers, suppliers and
employees, harmless from any claim or
demand, including reasonable attorney fees
and court costs, made by any third party due
to or arising out of Content you submit,
post or make available through the Service,
your use of the Service, your violation of
the TOU, your breach of any of the
representations and warranties herein, or
your violation of any rights of another.
19. GENERAL INFORMATION
The TOU, and any additional terms to which
you agree when using particular elements of
the Service, constitutes the entire
agreement between you and homesearchplace.com and
governs your use of the Service, superseding
any prior agreement between you and homesearchplace.com.
The failure of homesearchplace.com to
exercise or enforce any right or provision
of the TOU shall not constitute a waiver of
such right or provision. If any provision of
the TOU 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 the other provisions of the TOU 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 Service or the TOU must be filed within
one (1) year after such claim or cause of
action arose or be forever barred.
20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU by
sending an email to info@homesearchplace.com.
Our failure to act with respect to a breach
by you or others does not waive our right to
act with respect to subsequent or similar
breaches.
You understand and agree that, because
damages are often difficult to quantify, if
it becomes necessary for homesearchplace.com to
pursue legal action to enforce the TOU, you
will be liable to pay homesearchplace.com the
following amounts as liquidated damages,
which you accept as reasonable estimates of homesearchplace.com’s
damages for the specified breaches of the
TOU:
If you post a message that (i) impersonates
any person or entity; (ii) falsely states or
otherwise misrepresents your affiliation
with a person or entity; or (iii) that
includes personal or identifying information
about another person without that person’s
explicit consent, you agree to pay homesearchplace.com one
thousand dollars ($1,000) for each such
message. This provision does not apply to
messages that are lawful non-deceptive
parodies of public figures.
If homesearchplace.com establishes
limits on the frequency with which you may
access the Service, or terminates your
access to or use of the Service, you agree
to pay homesearchplace.com one
hundred dollars ($100) for each message
posted in excess of such limits or for each
day on which you access homesearchplace.com in
excess of such limits, whichever is higher.
If you send unsolicited email advertisements
to homesearchplace.com email
addresses or through homesearchplace.com computer
systems, you agree to pay homesearchplace.com twenty
five dollars ($25) for each such email.
If you post Content in violation of the TOU,
other than as described above, you agree to
pay homesearchplace.com one
hundred dollars ($100) for each item of
Content posted. In its sole discretion, homesearchplace.com may
elect to issue a warning before assessing
damages.
If you are a Posting Agent that uses the
Service in violation of the TOU, in addition
to any liquidated damages under clause (d),
you agree to pay homesearchplace.com one
hundred dollars ($100) for each and every
item of Content posted in violation of the
TOU. A Posting Agent will also be deemed an
agent of the party engaging the Posting
Agent to access the Service (the
“Principal”), and the Principal (by engaging
the Posting Agent in violation of the TOU)
agrees to pay homesearchplace.com an
additional one hundred dollars ($100) for
each item of Content posted by the Posting
Agent on behalf of the principal in
violation of the TOU.
If you aggregate, display, copy, duplicate,
reproduce, or otherwise exploit for any
purpose any Content (except for your own
Content) in violation of the TOU without homesearchplace.com’s
express written permission, you agree to pay homesearchplace.com three
thousand dollars ($3,000) for each day on
which you engage in such conduct.
Notwithstanding any other provision of the
TOU, homesearchplace.com retains
the right to seek the remedy of specific
performance of any term contained in the
TOU, or a preliminary or permanent
injunction against the breach of any such
term or in aid of the exercise of any power
granted in the TOU, or to seek to recover
damages arising from or relating to a
violation of this TOU or any combination
thereof.
21. FEEDBACK
We welcome your questions and comments.
Please send them to info@homesearchplace.com.
22. TERMS OF USE FOR ALL SERVICES
homesearchplace.com offers
a variety of online programs (the
“Programs”) as a convenience to its
participating professionals and persons
interested in engaging a professional (the
“Consumer”) to perform or receive services
(“Services”) or information about such
Services.
As a condition to your use of the Programs
and as material inducement on the part of homesearchplace.com and
its Affiliates to offer the Programs, you
expressly acknowledge and agree that:
Use of the Programs are at your sole risk. homesearchplace.com and
its Affiliates expressly disclaim any and
all warranties of any kind, express or
implied arising out of or relating to:
- For Consumers:
- a) the Programs
- b) the Professional
-
c) the Services to be performed by any
Professional.
- a) your use of the Programs
- b) the engagement by you of any Professional
- c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
- d) any other matter relating to the Programs.
- In no event will homesearchplace.com’s
liability to you for any reason whatsoever
exceed in the aggregate the sum of $25.00.
- homesearchplace.com and
its Affiliates do not provide, nor will they
provide, any service to or for you, nor is
homesearchplace.comand its Affiliates a
party to any agreement which you may enter
into with a Professional. If you engage the
services of any Professional, all
arrangements in such regard are solely
between you and the concerned Professional.
- If any of the above Terms of Use are found
by a court of competent jurisdiction to be
invalid, all of the other provisions of the
Terms of Use shall remain in full force and
effect.
For Professionals:
a) the Programs
b) the Consumers
c) the agreement between you and the
Consumer.
homesearchplace.com, its Officers,
Directors, Members and Employees, as well as homesearchplace.com Affiliates,
shall not be liable to you for any direct,
indirect, incidental, special, consequential
or exemplary damages or other losses
resulting from or relating in any manner to:
a) your use of the Programs
b) the engagement of you by any Consumer
c) any acts, negligence, breach of contract
or other conduct engaged in by you or by any
of the your or the Consumer’s agents,
vendors, consultants and the like
d) any other matter relating to the
Programs.
- In no event will homesearchplace.com’s
liability to you for any reason whatsoever
exceed in the aggregate the sum of $25.
- homesearchplace.com and
its Affiliates are not a party to any
agreement which you may enter into with a
Consumer. If you are engaged by a Consumer,
all arrangements in such regard are solely
between you and the concerned Consumer.
- If any of the above Terms of Use are found
by a court of competent jurisdiction to be
invalid, all of the other provisions of the
Terms of Use shall remain in full force and
effect.
homesearchplace.com, its Officers,
Directors, Members and Employees, as well as homesearchplace.com Affiliates,
shall not be liable to you for any direct,
indirect, incidental, special, consequential
or exemplary damages or other losses
resulting from or relating in any manner to:
23. BRAND AGREEMENT
Legal Disclaimer: By logging in to your homesearchplace.com account,
you are agreeing to the terms below and you
are stating that you have the authority to
represent the manufacturer’s products,
pricing, and copyrighted material online. If
you do not agree to the terms, or if you do
not have the legal right to represent this
brand relative to the terms below, please do
not login to the account.
1) Parties: This
“Agreement” between “I”
or “me” or the “Company”
and homesearchplace.com.
(“homesearchplace.com”,
together with me, “we” or
the “parties”) governs the
relationship between the parties. The
parties agree to conduct this transaction
and permit the creation of this Agreement by
electronic means.
2) Content: I
hereby license to homesearchplace.com the
use of the images (including logo, products,
installation photos, etc.), product catalog,
and related data, such as and including
product pricing, that I provide or have
placed on my website (such images, product
catalog, related data, the “Content”)
for display on homesearchplace.com and
“Affiliated Sites,”
including related websites, social media
websites, picture hosting websites, and all
other website homesearchplace.com at
its sole discretion believes will provide
beneficial exposure to me, and for use in
emails, quote requests and promotional
materials. I may make suggestions for the
best way to showcase my products or display
the Content at any time, but homesearchplace.com retains
full discretion regarding what Content (if
any) to display, how, and where. I represent
and warrant that I have obtained all rights
in the Content necessary for homesearchplace.com to
exercise the rights granted here under, that
the Content is accurate and representative
of my products, and that I will update my homesearchplace.com account
with any updates to the Content necessary to
keep such Content accurate and
representative of my products. homesearchplace.com and
Affiliated Sites are not responsible for any
damages associated with the Content or its
interpretation.
3) Fees:
(a) Membership: Price as stated on homesearchplace.com at
the time of purchase of the membership.
Price remains locked in as long as
membership is kept current. All payments are
paid upfront at the beginning of the 30 day
billing cycle. All yearly payments are paid
upfront at the beginning of the 365 day
billing cycle. Payments are automatically
deducted from the account on file each
billing cycle, unless I cancel my account.
4) Length
of Contract: This
Agreement is valid up to and until I cancel
my account and is month to month.
5) Billing:
In the event that a payment is due on my
Membership, but my credit card on file in no
longer valid or active, homesearchplace.com may
attempt to contact me to determine updated
account information. homesearchplace.com will
wait thirty (30) days before canceling my
membership.
6) Termination: I
may request termination of this agreement at
any time. Termination will take effect upon
the end of the last day of my billing
cycle. homesearchplace.com may
terminate this agreement at will. In the
event homesearchplace.com terminates
this agreement early, and I am not in
violation of any term of this Agreement, I
will receive a prorated reimbursement for
the portion of the billing cycle remaining.
End Agreement.
