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WHATSMYHOMEWORTH.COM SITE TERMS
December 2004
Welcome to WhatsMyHomeWorth.com's Web site (the "Site"). WhatsMyHomeWorth.com offers services to you, the "User", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Please read these terms of use ("Site Terms") carefully because they apply to your access to, and use of, our Site. The Site Terms do not, however, alter in any way the terms or conditions of any other written agreement you may have with us for other products or services. By accessing our Site, you agree to the terms and conditions of our then current Site Terms.
We reserve the right to change or modify, at any time and in our sole discretion, any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site. Upon any change to our Site Terms, we will post a new version on our site and update the date. Please check the date of our Site Terms whenever you visit this site to determine whether the Site Terms have been updated. Any changes or modification will be effective upon posting of the revisions. Your acceptance of the revised Site Terms will be evidenced by your use of this Site following the posting of any changes or modifications.
If you do not agree to these Site Terms (including any referenced policies or guidelines) as modified from time to time, do not access or otherwise use the services available from our Site. If you have any question regarding the use of the Site, please email us at
admin@whatsmyhomeworth.com.
Privacy Statement
We have adopted a Privacy Statement, to which you should refer to fully understand how we collect and use data, including personally identifying information, from the Site.
Purpose of Site
This Site and the services offered herein are provided solely as a forum and technical interface that connects homeowners with locally licensed real estate agents, brokers and other house-related service providers. WhatsMyHomeWorth.com does not engage in real estate broker services, including but not limited to any real estate, appraisal or house-related services, and we do not hold ourselves out as being licensed to perform any such services. Real estate brokerage activities are performed by real estate professionals who are not affiliated with WhatsMyHomeWorth.com. The terms of any agreement between a real estate professional and you are not endorsed, recommended or otherwise known to or by WhatsMyHomeWorth.com, nor do we sponsor, endorse, recommend or approve of any real estate agent, broker or other house-related service provider who offers services through this Site. While we try to confirm that participating real estate agents, brokers and other house-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other house-related service provider who offers services through this Site is licensed, qualified, or capable of performing any such service. Use your own judgment, therefore, on the merits of any individual, entity or information that you find on or through this Site.
WhatsMyHomeWorth.com does not make any assurance as to the timeliness or accuracy of the home evaluation, or other related follow up, provided by the real estate agent, broker or other house-related service provider. Additionally, if the requesting homeowner submits incomplete, insufficient or inaccurate information, or if the completion of a home evaluation conflicts with real estate rules, laws or best practices, then an evaluation may not be provided to the requesting homeowner.
Copyright and License
All copyrighted and copyrightable materials on this Site, including, without limitation, the WhatsMyHomeWorth.com logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2001-02 WhatsMyHomeWorth.com, Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of WhatsMyHomeWorth.com or the respective copyright owner. Subscribing agents may enter their own data into the website’s contact management database, such as homeowner contact information from their personal contact database. All such information is the sole property of the subscribing agent, and will not be shared with anyone.
Users of this Site are granted a limited, non-sublicensable right to access this Site and print the Materials for your personal, non-commercial, and informational use only. Such grant does NOT include the right to, and you may not:
(a) copy, publish, display, publicly perform, or distribute any Materials, including reproduction on any computer network or broadcast or publications media;
(b) resell or make commercial use of the Site or its Materials;
(c) systematically collect and use any data or content, including the use of any data mining, robots, or similar data gathering and extraction methods;
(d) make derivative uses of the Site and its Materials;
(e) use, frame or utilize framing techniques to enclose any WhatsMyHomeWorth.com trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page); or
(f) use information obtained from this Site or from WhatsMyHomeWorth.com for commercial purposes, including without limitation, providing referral services similar to
WhatsMyHomeWorth.com.
With the exception of the limited license granted to you, no other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of WhatsMyHomeWorth.com or any third party is conveyed to you. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Trademarks and Service Marks
WhatsMyHomeWorth.com, the WhatsMyHomeWorth.com logo, and all products and services described in this Site, without limitation, are either trademarks, service marks or registered trademarks of WhatsMyHomeWorth.com and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. Any use of any meta tags or any other "hidden text" utilizing a WhatsMyHomeWorth.com's name, trademark, or product name without our permission is prohibited. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of WhatsMyHomeWorth.com, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other product and company names used herein may be trade or service marks of their respective owners.
Conduct and Indemnity
You shall remain solely liable for your conduct or any information that you upload or transmit to this Site. As a condition of use of this Site, you agree to indemnify and hold harmless WhatsMyHomeWorth.com from and against any all liabilities, expenses, (including attorneys' fees) and damages arising out of claims resulting for your use of WhatsMyHomeWorth.com's services, including without limitation any claims alleging facts that would constitute a breach by you of this agreement or your violation of any rights of a third party. Should you provide false or misleading information to this Site or submit information under false pretenses, WhatsMyHomeWorth.com may immediately terminate your access to and use of the Site, without penalty and without notice to you.
Use of Hyperlinks
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray WhatsMyHomeWorth.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use any WhatsMyHomeWorth.com logo or other proprietary graphic or trademark of WhatsMyHomeWorth.com to link to this Site without our express written permission. This limited right may be revoked at any time.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or sites linking to this Site. Third-party, linked sites are not under the control of WhatsMyHomeWorth.com and we cannot be and are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving the Site, our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of any other site that you enter.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to WhatsMyHomeWorth.com, or postings on this Site, are non-confidential (subject to our Privacy Policy). WhatsMyHomeWorth.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to WhatsMyHomeWorth.com, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including paternity and integrity rights.
Disclaimers
THIS SITE AND THE INFORMATION, CONTENT, DATA, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. USE OF WHATSMYHOMEWORTH.COM'S SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR OWN RISK. WHATSMYHOMEWORTH.COM AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT.
WHATSMYHOMEWORTH.COM INTENDS THAT THE INFORMATION CONTAINED IN THIS SITE BE ACCURATE AND RELIABLE; HOWEVER, ERRORS SOMETIMES OCCUR. WHATSMYHOMEWORTH.COM, THEREFORE, DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHATSMYHOMEWORTH.COM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WHATSMYHOMEWORTH.COM ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WHATSMYHOMEWORTH.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In addition, WhatsMyHomeWorth.com may make changes and improvements to the information provided herein at any time, without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Limitation of Liability
WHATSMYHOMEWORTH.COM AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF WHATSMYHOMEWORTH.COM'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, INCLUDING BUTY NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WHATSMYHOMEWORTH.COM AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Applicable Law and Venue
These terms and conditions shall be subject to and construed in accordance with the laws of the State of Florida, applicable to agreements made and entirely to be performed within the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
General Terms
No waiver by WhatsMyHomeWorth.com, whether express or implied, of any provision of these Site Terms shall constitute a continuing waiver of such provision or a waiver of any other provision of these Site Terms. WhatsMyHomeWorth.com shall not be estopped from enforcing any provision of these Site Terms, except by written instrument executed by WhatsMyHomeWorth.com. Notwithstanding any of the Site Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. If any part of these Site Terms are determined to be invalid or unenforceable pursuant to applicable law for any reason, then that provision shall be deemed severable from these Site Terms and the remainder of the Site Terms shall remain enforceable and in effect.
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