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Terms Of Use
(June 15th, 2008)
Welcome to www.HomeLocators.Com (Web Site). The goal of this Site is to provide products and services related to real estate such as giving consumers access to real estate property listed for sale and for rent, for homeowners to list their real estate property for sale or for rent, and to provide information about products and services provided by HomeLocators.Com, Inc.
PRIVACY POLICY
We collect information on this Site. To read about the ways in which we collect and use information from this Web Site please read our Privacy Policy.
THIRD PARTY LINKS
For your convenience, the Web Site may contain content, information and services from third parties and links to third party web sites, or may redirect you to third party web sites that may be of interest to you ("Third Party Content and Services"). Third Party Content and Services are not under the control of HomeLocators.Com, Inc and HomeLocators.Com, Inc is not responsible for such content (including the accuracy or reliability of any such content, data, opinions, or advice), services or third party web sites, including without limitation any link contained in such content, or any changes or updates to such content, services or third party web sites. HomeLocators.Com, Inc is providing the Third Party Content and Services to you only as a convenience, and the inclusion or access to Third Party Content and Services does not imply an endorsement by HomeLocators.Com, Inc of such content or services, of the provider of such content or services, or any third party web site. Our Privacy Policy is applicable only when you are on the Web Site. You may be subject to additional and/or different terms, conditions, and privacy policies when you access or use Third Party Content and Services. If you link to, or are redirected to a third party web site, you should read that web site’s privacy policy before disclosing any personal information.
TRANSMIT DATA
If you post, upload, submit or otherwise transmit any content on or through the Web Site, you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity.
Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by forseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
COPYRIGHT NOTICE
All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by HomeLocators.Com, Inc or its affiliates, or by third party content providers, merchants, sponsors and licensors (Providers) that have licensed their content or the right to market their products and/or services to HomeLocators.Com, Inc. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of HomeLocators.Com, Inc or the Providers. Without the prior written consent of HomeLocators.Com, Inc or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of HomeLocators.Com, Inc and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to HomeLocators.Com, Inc that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, nor in violation of the Acceptable Use Policy of the Web Site hosting service provider (which can be downloaded as PDF document here). If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. HomeLocators.Com, Inc retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of HomeLocators.Com, Inc.
DISCLAIMER
YOUR USE OF AND RELIANCE UPON THE CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS. HOMELOCATORS.COM, INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMLINESS OF SUCH CONTENT, INFORMATION OR SERVICES. HOMELOCATORS.COM, INC EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HOMELOCATORS.COM, INC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEB SITE. HOMELOCATORS.COM, INC MAY MAKE CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE. WHILE HOMELOCATORS.COM, INC STRIVES TO KEEP THE INFORMATION ON THIS WEB SITE ACCURATE AND CURRENT, HOMELOCATORS.COM, INC CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION. INFORMATION WITHIN THE WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. HOMELOCATORS.COM, INC RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THIS WEB SITE AT ANY TIME, AND WITHOUT NOTICE.
FORCE MAJEURE
No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service], and no other Party will have a right to terminate this Agreement under Clause 19 (Termination) in such circumstances.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HOMELOCATORS.COM, INC, ITS AFFILIATES, OFFICERS AND EMPLOYEES, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES THROUGH THE WEB SITE, HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE.
TERMINATION
You agree that HomeLocators.Com, Inc may in its sole discretion and at any time terminate your access to and use of the Site, or any part thereof, with or without notice.
CHOICE OF LAW JURISDICTION AND VENUE
You agree that the laws of the State of Florida, without reference to its conflict of law principles, will govern this Agreement, and that any dispute arising out of or related to this Agreement must be brought exclusively in the federal and/or state courts located in the State of Florida, Broward County, U.S.A.
ENTIRE AGREEMENT
This Agreement (and any documents referred to in it) contains the whole agreement between the Parties relating to the transactions contemplated by this Agreement and supersedes all previous understandings and agreements between the Parties relating to these transactions. Each Party acknowledges that, in agreeing to enter into this Agreement, it has not relied on any representation, warranty, collateral contract or other assurance (except those set out in this Agreement and any documents referred to in it) made by or on behalf of any other Party or any other person whatsoever before the execution of this Agreement. Each Party waives all rights and remedies which, but for this Clause, might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance, provided that nothing in this Clause shall limit or exclude any liability for wilful misconduct or fraud.
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