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USA HABITAT (collectively, "our," "us," or "we") operates a website and, provides products and services. We refer to these as "sites," "services," or "our sites and services."

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By using our sites and services, you are a "user" and you accept and agree to this TOU as a legal contract between you and us. We may post changes to these TOU at any time, and any such changes will be applicable to all subsequent access to or use of our site and services. If you do not accept and agree to all provisions of these TOU, now or in the future, you may reject these TOU by immediately terminating all access and use of our site and services, in which case any continuing access or use of our site and service is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our site and services.

Unless expressly permitted by supplemental terms, our site and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.

These TOU grant you a limited, revocable, nonexclusive license to access our site and service and use our site and services, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these TOU.

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1. Moderation

We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via our site and services by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of our site and services) by any user (or any other third party in any manner); and to enforce these TOU, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of these TOU by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "our representatives" and individually "our representative") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these TOU.

Although our representatives may moderate content on our site and services at our discretion, our representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of us or by anyone purportedly acting on behalf of us) that we (including but not limited to our representative, anyone else acting on behalf of us, or anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is non-binding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any content, conduct or potential or purported TOU violation. For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our site and services are solely those of the poster and not ours, or any of our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys or other agents. We do not guarantee the accuracy or reliability or the information provided by any poster, administrator, or moderator. Administrators and moderators are not our agents and their opinions, comments and posts are their own. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our site and services at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

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2. Content and Conduct

a. Content

We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from our site and services includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our site and services); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our site and services would violate these TOU or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services.

You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

 

b. Conduct

We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to our site and services, and, if you create an account on our site and services, you are responsible for all conduct or activities on, through or by use of your account.

 

3. Postings and Accounts

This section 3 applies to all uses and users of our site and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 3.

 

a. Postings

Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on our site and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."

It is expressly prohibited for any third party to post content to our site and services on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to our site and services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to our site and services (by any user or other third party) using that automated means.

Affiliate marketing by users is expressly prohibited on our site and services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

 

b. Accounts

For each site, a user may create, maintain and use no more than one account to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. A user may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it.

The purchase and sale of accounts and the creation of accounts for others is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process, posting process or otherwise for posting content in violation of these TOU also is expressly prohibited.

 

4. Unauthorized Access and Activities

This section 4 applies to all uses and users of our site and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

To maintain the integrity and functionality of our site and services for its users, access to our site and services and/or activities related to our site and services that are harmful to, inconsistent with or disruptive of our site and services and/or users. Beneficial use and enjoyment of our site and services are expressly unauthorized and prohibited. For example, without limitation:

If you access our site and services or copy, display, distribute, perform or create derivative works from our site and services webpages or our intellectual property in violation of these TOU or for purposes inconsistent with these TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on our site and services or any provision of these TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.

  • The collection of our site and services users. personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

  • Any copying, aggregation, display, distribution, performance or derivative use of our site and services or any content posted on our site and services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access our site and services without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum or content; (b) they access our site and services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access our sites and services without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.

  • Any access to or use of our site and services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with our sites and services (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

  • Any effort to decompile, disassemble or reverse engineer all or any part of our site and services in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

  • Any activities (including but not limited to posting voluminous content) that are inconsistent with use of our site and services in compliance with these TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of our site and services in any manner are expressly prohibited.

  • Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of these TOU.

 

5. Interactions with Others

We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

The site or services may provide links to other websites and online resources. Because we have no control over such websites and resources, you acknowledge and agree that we, including our shareholders, affiliates, employees, officers, directors, agents, representatives, licensors, suppliers and service providers, (collectively, "we") are not responsible for the availability of such external websites or resources and we neither endorse nor are responsible or liable for, and make no representations or warranties regarding, the identity or trustworthiness of the third-party website or resources, including any content, advertising, products, services, or other materials on or available through such websites or resources. Other websites may provide links to our sites with or without authorization. You acknowledge and agree that we do not endorse such websites, and are not and shall not be responsible or liable for any links from those websites to our site, any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY APPLICABLE TO SUCH WEBSITES AND RESOURCES. We shall have the right, at any time and in our sole discretion, to block links to our site through technological or other means without prior notice.

 

6. Fees and Refund

In certain instances, we may charge a fee to post content or for other features, products, services or licenses. You are responsible for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law or otherwise stated on the site or in the services, all fees are nonrefundable and payments and purchases may not be canceled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.

 

7. Indemnification

You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

 

8. Disclaimers

YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITE AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND SERVICES AND CONTENT ACCESSED THROUGH THE WEBSITE AND SERVICES) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITE AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITE AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITE AND SERVICES OR IN CONTENT).

THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

 

9. Limitations of Liability

WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES. NOTHING IN THESE TOU WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITE AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITE AND SERVICES).

IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITE AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our site and services or content accessed through our site and services, or any interactions with others arising out of or related to our site and services or content accessed through our site and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "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."

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

10. Damages

At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these TOU for which you bear responsibility; except you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages in the amount of $500.

Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these TOU are and will be cumulative.

 

11. Injunctive Relief

You acknowledge and agree that any violation or breach of these TOU may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these TOU or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TOU. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these TOU, including but not limited to by preliminary or permanent injunction.

 

12. Release of Information

Our Privacy Policy prohibits the release of user or account information except in limited circumstances, including with express permission from the user, as and when required or permitted by law, or to comply with legal process properly served on us. If you seek the identity or account information of a user of our site and services in connection with a civil legal matter, you must serve us with a valid subpoena.

We reserve the right to disclose any personal information about you or your use of our site and services, including its contents, without your prior permission if we have a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend our rights and property; (3) enforce these TOU; or (4) act to protect the interests of our users or others. Our performance of these TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our site and services or information provided to or gathered by us with respect to such use.

 

13. Copyright Policy

We have adopted and implemented a copyright policy in accordance with the Digital Millennium Act.

In appropriate circumstances and at our sole discretion, we may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

 

14. Privacy

We have established a privacy policy covering the collection, use, and disclosure of user information.

 

15. Supplemental Terms

Our site and services provide access to independent real estate agents. Our site and services also provide services to real estate agents and other real estate professionals.

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We are not real estate agents or a real estate agency and we do not provide legal, business or tax advice. None of our representatives are real estate agents and they also do not provide legal, business or tax advice. The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Our site and services are not substitutes for the advices or services of an real estate lawyer. We recommend you consult a lawyer or other appropriate professional if you want legal, business or tax advice.

Our site and services are not intended to create any real estate agent-client relationship, and your use of our site and services does not and will not in any circumstance create a real estate agent-client relationship between you and us. We are not a real estate agent referral service and the site and services and other resources and information are for personal use only.

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Real Estate Agents Services for Users

Our site and services offer you several ways to identify and locate a real estate agent (or other real estate services), including advertisements for real estate agents, a searchable directory of real estate agents and real estate agencies, or our real estate agent service provides information on realtors and real estate agencies willing to contact you with your permission (collectively, "real estate services"). The inclusion of real estate agents and real estate agencies in the real estate agents services requires only a payment by such real estate agents or real estate agencies and we make no recommendation as to any such real estate agents or real estate agencies. The decision to retain a real estate agent is an important one, and one that you must make carefully based on your own judgment and evaluation of that real estate agent. If you are using the real estate agent services you should read the following terms and conditions below. If you disagree with these terms and conditions, please do not use the real estate agent services.

  • At no time is a real estate agent-client relationship fostered or created with us through the performance of any such real estate agent services.

  • Our site and services are only one source of information among the many sources that are available to you. You may wish to consider multiple sources in order to make an informed real estate agent selection decision.

  • You understand any real estate agent listings or directories are provided by third parties and may contain inaccurate, incomplete or outdated information. You must independently verify the accuracy of any information you obtain from our site and services.

  • We will never refer you to a specific real estate agent or service. You are solely responsible for making a selection of a real estate agent or other service and determining whether the information you obtain through your use of our site is suitable for your purposes. Any agreements regarding real estate services or fees must be done outside the scope of our site and are strictly between the user and the third party and do not involve us in any way. We do not receive any portion of any real estate agent's or real estate agency's fees. We are not involved in or responsible for any transactions that might occur, and we do not guarantee that such transactions will occur.

  • The release and security of any sensitive or confidential information transmitted by you to any real estate agent or service is your sole responsibility.

  • We do not recommend or endorse any particular real estate agent or real estate service and make no representation, guarantee or warranty (express or implied) as to the real estate ability, competence, quality, or reliability of any real estate services provided by any of these real estate services. Prior to inclusion in our listings, we confirm a real estate agent's status with the applicable State Licensing Institution; however, we do not perform ongoing reviews of a real estate agent's status and we do not and have not investigated or vetted the qualifications, experience or other matters related to the leal estate agents, real estate agencies or any real estate services. You must independently verify the qualifications of any such real estate professionals and services.

  • The selection of a participating real estate agent or real estate agency as part of the real estate agent services is the result of a neutral process that involves no evaluative judgment on our part and when a real estate agent or real estate agency is included, it does not mean that real estate agent or real estate agency is the “best” or “right” real estate agent or service for your needs or that the real estate agent or real estate agency is otherwise preferred over other real estate agents or real estate agencies. Further, the selection of a participating real estate agent or real estate agency as a part of the real estate services is not based on an analysis of your potential real estate need.

  • We cannot perform a check for conflicts of interest between you and a real estate provided by a real estate agent service.

  • When using real estate agent services, you may be required to provide some personal information such as name, address, email address, or telephone number. If provided, you grant us a worldwide, royalty-free, non-exclusive and fully sub-licensable license to use, distribute, reproduce modify, publish and translate personal information solely for the purpose of enabling your use of the real estate agents services. We have no control and make no representations as to the use of personal information provided to third-party real estate agent services advertising on our site. For information on these privacy practices, contact the real estate agent service for their terms of use and privacy policies.

  • The term "experience" or "experienced" as used on the site and services is not intended to be a comparison to any other real estate agent’s services or qualifications.

  • If you use real estate agent services, you agree that: IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE REAL ESTATE AGENT SERVICES OR FOR ANY ADVICE, INFORMATION OR SERVICES PROVIDED TO YOU BY ANY REALTOR WITH WHOM YOU MAY MAKE CONTACT THROUGH OUR SITE AND SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

  • You also should be aware that certain states and jurisdictions have special rules relating to real estate services. You should contact your state or local jurisdiction for more information.  While not intending to be exhaustive, please note the following additional state-specific realtor advertising disclosures if you live in the following states:

    • Alabama: No representation is made that the quality of the real estate services to be performed is greater than the quality of real estate services performed by other realtors.

    • Colorado: No representation is made that the quality of the real estate services to be performed is greater than the quality of real estate services performed by other realtors.

    • Florida: Florida Rule of Professional Conduct 4-7.10(c) defines a real estate agent referral service as "(1) any person, group of persons, association, organization, or entity that receives a fee or charge for referring or causing the direct or indirect referral of a potential client to a realtor drawn from any specific group or panel of real estate agents; or (2) any group or pooled advertising program operated by any person, group of persons, association, organization, or entity wherein the real estate services advertisements utilize a common telephone number and potential clients are then referred only to realtors or real estate agencies participating in the group or pooled advertising program." For purposes of the Florida Rules of Professional Conduct only (the "Florida Rules"), our site may be deemed a realtor referral service as defined in the Florida Rules. Rule 4-7.10(a)(10) requires that all real estate agent referral services (as defined in the Florida Rules) must affirmatively state in all advertisements that it is a real estate agent referral service. For those reasons, for purposes of the Florida Rules only, our site are a real estate agent referral service and any statements in the Terms and Conditions to the contrary are inapplicable in Florida.

    • Iowa: No representation is made regarding the quality of real estate services that have been or will be performed.

    • Minnesota: Past results afford no guarantee of future results; each matter is different and must be judged on its own merits.

    • Missouri: The choice of a real estate agent is an important decision and should not be based solely upon advertisements.

    • Nebraska: No representation is made that the quality of the real estate services to be performed is greater than the quality of real estate services performed by other realtors. Past results afford no guarantee of future results; each matter is different and must be judged on its own merits.

    • New Mexico: Past successes cannot be an assurance of future success because each matter must be decided on its own merits.

    • New York: Prior results do not guarantee a similar outcome. The realtor services offered are not making a recommendation as to any real estate agent or real estate agencies and do not vet the qualifications of such realtors and real estate agencies. Being included on the list of participating realtors requires only a payment and the selection of a participating realtor from that list is the result of a neutral process that involves no evaluative judgment. When a real estate agent is included from that list, it does not mean that realtor is the “best” or “right” realtor for your needs or that the real estate agent is otherwise preferred over other realtors. Real estate agents or real estate agencies willing to contact you with your permission as a part of our real estate services pay the same fee as any other realtor.

    • South Dakota: No representation is made that the quality of the real estate services to be performed is greater than the quality of real estate services performed by other realtors. Past successes cannot be an assurance of future success because each matter must be decided on its own merits. 

    • Utah: No representation is made that the quality of the real estate services to be performed is greater than the quality of real estate services performed by other realtors. Past successes cannot be an assurance of future success because each matter must be decided on its own merits.

    • Wyoming: No representation is made that the quality of the real estate services to be performed is greater than the quality of real estate services performed by other realtors. Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Anyone considering a realtor should independently investigate the realtor's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

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Realtor Ethics Notice; Rules.

If you are a real estate agent participating in any aspect of our site or services, including but not limited to interactive areas, (a) you agree not to provide specific real estate advice in any of your content and to draft content which is competent, appropriate, educational, and in accordance with your state association's realtor ethics requirements; (b) you represent and warrant that you are a realtor in good standing with a license to practice as a realtor in at least one of the 50 United States of America or the District of Columbia; (c) you agree to promptly notify us of any grievance, claim, reprimand, or censure brought against you, as well as resignation or other loss of license; and (d) you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, rules regarding the establishment of realtor-client relationships, failure to maintain client confidences, unauthorized practice of real estate matters, and misrepresentations of fact. We disclaim all responsibility for your compliance with these Rules. We highly recommend that you include a disclaimer regarding the aforementioned advertising and ethics issues. We will have no liability to you arising out of or related to your compliance or noncompliance with such laws and rules, or related to our inclusion or failure to include a disclaimer.

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Inquiries and Contact Term.

BY USING OUR SITE AND SERVICES OR ACCESSING, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO US VIA THE SITE AND SERVICES CONSTITUTES AN INQUIRY TO US, AND THAT WE MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

You authorize us to contact you by telephone at the number you have provided. Telephone calls may include prerecorded or artificial voice messages and calls using an automatic telephone dialing system. Your consent is not a condition of your purchase.

You agree that any calls to or from us may be monitored or recorded for training or quality assurance purposes.

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16. Parental Controls

We have established a privacy policy covering the collection, use, and disclosure of user information.

 

17. Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the site, please send an email here for public or here for real estate professionals. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Please be sure to identify the specific website or service about which you have a question or complaint and how we can contact you.

 

18. Dispute Resolution; Arbitration

We believe we will be able to resolve most disputes or issues you may have using our site and services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process.

Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by email to us here for public or here for real estate professionals.

If we are unable to mutually agree upon a resolution after the 30-day period, you agree that any claim you may have against us regarding these Terms of Use or our site and services will be resolved through binding arbitration administered by JAMS and governed by the then current JAMS Streamlined Arbitration Rules and Procedures. It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived.

We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.

You agree that arbitration will be exclusively held in Miami-Dade County, Florida and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party's list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you're not sure what all of this means, of course please feel free to ask an attorney.

 

19. Miscellaneous

a.  Copyright, Trademark and Patent Notices

Except as otherwise expressly provided, all contents of our site and services are copyrighted. All rights reserved. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through our site and services are our trademarks (collectively, "our marks"). These TOU do not authorize you to use our marks or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with us.

b.  Reservation of Rights in our site and services

Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our site and services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

c.  Entire Agreement

These TOU (along with any documents linked to in these TOU) constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these TOU), there are no third-party beneficiaries to these TOU. If any provision of these TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of these TOU will remain in full force and effect.

d.   Governing Law; Forum

Any and all claims, causes of action or disputes (regardless of theory) between you and us arising out of or related to these TOU, our site and services or content accessed through our site and services will be governed by the laws of the State of Florida, without regard to conflict or choice of law principles.

You agree that any claims, causes of action or disputes not subject to Section 18 (Dispute Resolution; Arbitration) will be brought exclusively in courts located within the county of Miami-Dade, Florida, and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred.

All claims not subject to Section 18 (Dispute Resolution; Arbitration) that you bring against us must be resolved in accordance with Section 19(e). All claims filed or brought contrary to this section will be considered improperly filed. Should you file a claim contrary to this section, we may recover attorneys fees and costs up to U.S. $2,500 provided that we have notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.

e.  Electronic Communications

When you use our site and services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our site and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

f.  Electronic Contracting

Your use of our site and services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

g.  Termination; No Assignment

You may terminate your account and/or stop using our site and services at any time. We may, in our sole discretion, terminate or suspend your access to all or part of our site and services for any reason, including, without limitation, violation of these TOU and/or if we have a reasonable ground to suspect that you have violated these TOU.

These TOU and the rights granted and obligations undertaken, may not be transferred, assigned or delegated by you. Any purported attempt will be ineffective. We retain the right to transfer, assign or delegate these TOU.

h.  Feedback

You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our site and services any suggestions, enhancement requests, recommendations or other feedback provided by you.

i.  Waiver

Any failure by us to enforce or exercise any provision of these TOU, or any related right, will not constitute a waiver of that provision or right.

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