|
|
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.
|
|
