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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE,
YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE
DO NOT USE THIS SITE.
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- General. This site is owned and operated by
HomesBook.com®, Inc. (referred to as "HBCI"). HBCI has the right at any time
to change or discontinue any aspect or feature of the site, including, without limitation,
the content, hours of availability, and equipment needed for access or use of the
site.
- Equipment. You shall be responsible for obtaining
and maintaining all telephone, computer hardware and other equipment needed for
access to and use of the site and all charges related thereto.
- Restrictions on Use.
- You shall use the site for lawful purposes only. You shall not post or
transmit through the site any material which violates or infringes in any way upon
the rights of others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense, gives rise to
civil liability or otherwise violate any law. Without HBCI's express prior approval,
you shall not post or transmit through the site any material which contains advertising
or any solicitation with respect to products or services. You shall not use the
site to advertise or perform any commercial solicitation, including, without limitation,
the solicitation of users to become subscribers of other on-line information services
competitive with the site. Any conduct by you that in HBCI's discretion restricts
or inhibits any other user from using or enjoying the site will not be permitted.
- The site contains copyrighted material, trademarks and other proprietary
information, including, without limitation, text, software, photos, video, graphics,
music and sound, and the contents of the site are copyrighted under the United States
copyright laws. You may not modify, publish, transmit, display, participate in the
transfer or sale, create derivative works, or in any way exploit, any of the content,
in whole or in part. Except as otherwise expressly permitted under copyright law,
no copying, redistribution, retransmission, publication or commercial exploitation
of downloaded material will be permitted without the express written permission
of HBCI and the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made and no ownership rights shall
be transferred.
- You shall not e-mail, upload, post or otherwise make available on the site
any material protected by the copyright, trademark, or other proprietary right without
the express permission of the owner of the copyright, trademark, or other proprietary
right and the burden of determining that any material is not protected by copyright
rests with you. You shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from such a submission.
Subject to HBCI's policies regarding privacy, any e-mails, notes, message/billboard/forum
postings, ideas, suggestions, concepts or other material submitted will be treated
as non-confidential and non-proprietary and will become the property of HBCI throughout
the universe. By submitting material to HBCI, you automatically grant, or warrant
that the owner of such material has expressly granted HBCI the royalty-free, worldwide,
perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, display, translate and distribute such material (in whole or in
part) and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed. You also permit any other user of the site to access,
view, store or reproduce the material for that user's personal use. You grant HBCI
the right to edit, copy, display, publish and distribute any materials made available
on the site by you.
- The foregoing provisions of Section 3 are for the benefit of HBCI, its
subsidiaries, affiliates and its third party content providers and licensors and
each shall have the right to assert and enforce such provisions directly or on its
own behalf.
- Disclaimer of Warranty; Limitation of Liability.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
HBCI, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
- THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO
THE RESULTS OBTAINED FROM THE USE OF THE SITE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY),
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE
BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU
SPECIFICALLY ACKNOWLEDGE THAT HBCI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL HBCI's TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS
DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
- Monitoring. HBCI shall have the right in its
sole discretion to refuse to post or remove any material submitted to or posted
on the site. Without limiting the foregoing, HBCI shall have the right to remove
any material that HBCI, in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
- Indemnification. You agree to defend, indemnify
and hold harmless HBCI and its affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions, demands, damages,
costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising
out of your use of the site.
- Trademarks. HBCI and its logos are trademarks of HomesBook.com®,
Inc. All rights reserved. All other trademarks appearing on the site are the property
of their respective owners.
- Third Party Content. HBCI is not a publisher of content
supplied by third parties and users of the site. Accordingly, HBCI has no more editorial
control over such content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers and
users, are those of the respective author(s) or distributor(s) and not of HBCI.
In many instances, the content available through the site represents the opinions
and judgments of the respective information provider or user. HBCI neither endorses
nor is responsible for the accuracy or reliability of any opinion, advice or statement
made on the site by anyone other than authorized HBCI employee spokespersons while
acting in their official capacities.
- Viruses. HBCI also assumes no responsibility, and shall
not be liable for, any damages to, or viruses that may infect, your computer equipment
or other property on account of your access to, use of, or browsing in the site
or your downloading of any materials, data, text, images, video, or audio from the
site.
- Export Control. Software and other materials from this Site
may also be subject to United States Export Control. The United States Export Control
laws prohibit the export of certain technical data and software to certain territories.
No software from this site may be downloaded or exported (1) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
to which the United States has embargoed goods; or (2) anyone on the United States
Treasury Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. HBCI does not authorize the downloading or exportation
of any software or technical data from this site to any jurisdiction prohibited
by the United States Export Laws.
- Advertisers. The advertisers identified on this site are
users of this site, but are otherwise independent of HBCI. The advertisers are not
joint venturers or partners of HBCI. No advertiser, or employee or representative
of any advertiser, is under the control of HBCI.
- Changed Terms. HBCI has the right at any time to change
or modify the terms and conditions applicable to use of the site, or any part thereof,
or to impose new conditions, including, without limitation, adding fees and charges
for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by any means including, without
limitation, posting on the site, or by electronic or conventional mail, or by any
other means. Any use of the site by you after such notice shall be deemed to constitute
acceptance of such changes, modifications, additions or deletions.
- Miscellaneous. These terms of use constitute the entire
agreement of the parties with respect to the subject matter hereof and supersede
all previous written or oral agreements between the parties with respect to such
subject matter. These terms of use shall be construed in accordance with the laws
of the State of Maryland, without regard to its conflict of laws rules. You hereby
consent to the personal jurisdiction of the State of Maryland, acknowledge that
venue is proper in any state or Federal court in the State of Maryland, agree that
any action related to these terms of use must be brought in a state or Federal court
in the State of Maryland, and waive any objection that may exist, now or in the
future, with respect to any of the foregoing. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience only and
shall not be given any legal import.
- The HBCI site incorporates links to other Web sites. HBCI
does not in any way endorse, nor is it responsible for, the content on those other
Web sites.
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