Terms and Conditions
Last Updated: July 8, 2015
HomeIt, Inc. (the “Company”) provides a real estate news and information website, www.RealEstateWhisper.com, and related services. These terms and conditions (the “Terms and Conditions”) apply to the content, products or services offered at www.RealEstateWhisper.com and by the Company (collectively, the “Company Services”). By using the Company Services, you agree to the terms of the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use the Company Services.
Please read these Terms and Conditions carefully before using services offered by the Company. BY ACCEPTING THE TERMS OF THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED THESE TERMS AND CONDITIONS.
This is a legal agreement between you and the Company for use of any of the Company Services. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Company is intended or created by these Terms and Conditions. The Company’s relationship to you is that of an independent contractor, and neither you nor Company is an agent or a partner of the other. Company will not have, and will not represent to any third party that it has, any authority to act on your behalf.
B. Limited License
Subject to the terms of these Terms and Conditions, Company hereby grants to you, during the term of these Terms and Conditions, a limited license to access and use the Company Services offered on the RealEstateWhisper.com website for your personal use. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or Company Services on the RealEstateWhisper.com website without the express written consent of the Company.
C. Authorized Users
Company Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions. Furthermore, our services are not available to unsupervised minors (under 18 years of age), and unsupervised minors are not authorized users. If you do not qualify as an authorized user, you are not permitted to use the Company Services and no contract will be formed between you and the Company.
The Company relies upon parents or guardians 18 years of age or older to determine if the Company website and Company Services are appropriate for the viewing, access, or participation by such individuals under the age of 18. We do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected personal information and/or photos from a child under the age of 13, we will make commercially reasonable efforts to delete such information and/or photos from our database.
As a condition of your use of the Company Services, you agree to (a) provide the Company with true, accurate, current and complete information as prompted by the Company’s registration forms, when registering for or using the Company Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.
You will neither use nor permit others to use your Company account (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code; (c) for any illegal or unauthorized purpose; (d) to violate any laws in your jurisdiction (including but not limited to patent, copyright, trademark, or other intellectual property laws); or (e) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network. If the Company assigns you a user ID and/or password, such information may only be used by you (or in the case of minors, your parent or guardian). You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.
D. Submission of Content
In order for you to submit your articles, images, comments or other materials on the Company website (the “Content”), you acknowledge and agree that: (a) the Content is your original content; (b) you will not post harmful, inappropriate, obscene, unlawful, offensive, or otherwise objectionable Content; (c) submission of your Content does not violate or infringe anyone else’s rights, and (d) any information that you provide may be made available to the Company, other users of the Company Services, and the general public.
By providing Content for the Company website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant the Company all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Company website.
E. No Guarantees
You acknowledge and agree that your access and use of the Company Services and of the services, service providers and products featured on the Company website is at your own risk. THE COMPANY MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, RELATING TO THE SERVICES, SERVICE PROVIDERS AND PRODUCTS ON THE COMPANY WEBSITE INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING OUT OF THESE TERMS AND CONDITIONS.
The Company does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Company Services. The Content that you or other users provide do not reflect the views of the Company, its officers, managers, owners, employees, agents, designees or other users. You acknowledge that the Company Services are a passive conduit and an interactive computer service provider for the publication and distribution of Content. You understand that all Content posted on, transmitted through or linked through the Company Services, are the sole responsibility of the person or entity from whom such Content originated. You understand that the Company does not control, and is not responsible for Content made available through the Company Services, and that by using the Company Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
You further acknowledge that the Company has no obligation to screen, preview, monitor or approve any Content. However, the Company reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of these Terms and Conditions. By using the Company Services, you agree that it is solely your responsibility to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Company Services. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements or images, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Company Services.
The Company does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party service providers. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party service provider, the Company is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any third party service provider and any other terms, conditions, representations or warranties associated with such dealings, are between you and such third party service provider exclusively and do not involve the Company. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging third party service providers.
All right, title, and interest in and to the Company Services are and will remain the exclusive property of Company and its licensors. The Company Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms and Conditions gives you a right to use the Company name or any of the Company trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Company Services belongs to Company or its third party licensors. Accordingly, any part of the Company Services (or its source HTML or any other code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Company Services, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the Company Services.
All content included on the Company Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Company Services is the exclusive property of Company and protected by United States and international copyright laws. All information provided by the Company is the property of the Company and is protected by United States and international copyright laws.
G. Cancellation, Termination or Modification
These Terms and Conditions is effective immediately upon the earliest of: (1) your creation of a Company account, (2) your use of the Company Services, or (3) your accessing of the RealEstateWhisper.com website and will remain effective until you cancel your account, opt-out of Company Services or until Company terminates your account as set forth below. Company reserves the right to refuse service to anyone for any reason at any time. Company, in its sole discretion, retains the right to suspend or terminate your account and/or refuse any and all current or future use of the Company Services, for any reason at any time. Without limiting other remedies, Company may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and/or refuse to provide the Company Services to you if you breach any of the Terms and Conditions, the Company is unable to verify or authenticate any information you provide to us to create your Company account; and/or the Company believes that your actions are impermissible or may create legal liability for us.
Termination of the Company Services for these circumstances results in the deletion of your account and all data you’ve provided, including Content, as well as forfeiture of unused Company Services. Abuse or excessively frequent requests to Company Services may result in the temporary or permanent suspension of your account. The Company, in its sole discretion, will determine abuse or excessive usage. The Company may change, suspend or discontinue the Company Services totally or partially for any reason, at any time, including the availability of any feature. Company may also impose limits on certain features and services or restrict your access to parts or all of the Company Services without notice or liability.
Unless earlier terminated as provided above, these Terms and Conditions will remain in effect until terminated, at will, by either party.
H. Limitation of Liability
Company will not be liable for special, incidental, direct, or consequential damages arising out of or in connection with these Terms and Conditions, including, but not limited to, interrupted communications, lost data, or lost profits, even if Company has been advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any limited remedy in these Terms and Conditions.
The Company’s aggregate liability arising out of your use of the Company Services will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past three months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the Company’s liability will be limited to the fullest extent permitted by applicable law.
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of the Company Services.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify the Company, and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Company Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature including but not limited to any liability arising from or resulting by your Content imputed into Company including infringement of intellectual property laws or civil or criminal claims. Company shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of Company Services. You will defend, indemnify, and hold the Company, its employees, officers, agents, or other partners from and against any third-party claims arising from or in any way related to any Company Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. If anyone brings a claim against Company related to your actions, data or information on the RealEstateWhisper.com website, you will indemnify and hold Company harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
J. Notices and Electronic Notices
When you visit the Company website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. 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.
K. General Provisions
All waivers must be in writing. The failure of Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision or any other right or provision on any other occasion.
If any provision of these Terms and Conditions is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
The laws of your country may be different from those of California and the United States in numerous respects. There is no practical way for Company to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California. The parties agree that any claim asserted in any legal proceeding by one party against the other will be commenced and maintained exclusively in the courts of Santa Clara County or the Northern District of California. Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.
These Terms and Conditions constitutes the entire agreement between you and the Company and governs your use of the Company Services, superseding any prior agreements or contemporaneous agreements between you and Company.
Unless explicitly stated otherwise, any new features that augment or enhance the current Company Services, shall be subject to the Terms and Conditions.
Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Company Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using the Company Services.
Questions about the Terms and Conditions should be sent to the Company at PO BOX 731365 San Jose, CA 95173-1365.