WELCOME! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE VIEWING OR
USING ANY PORTION OF THIS WEBSITE.
BY VIEWING OR USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE
OF, AND AGREEMENT TO BE BOUND BY, THE TERMS AND CONDITIONS SET FORTH BELOW (THE
“AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW,
PLEASE EXIT THIS WEBSITE IMMEDIATELY.
TERMS AND CONDITIONS
1.1. This Agreement constitutes Your agreement
with HouseLocator.com, Inc. (“HouseLocator.com” or “We” or “Us”), a Florida
corporation, with respect to Your use of HouseLocator.com’s website (the
“Website”). This Agreement will refer to the user of the Website as “You” or
“Your.” You must agree to abide by all of the terms and conditions contained in
this Agreement in order to continue viewing or using the Website.
1.2. HouseLocator.com reserves the right to
change, modify, add, or remove any portion of this Agreement, in whole or in
part, at any time in its sole and absolute discretion. Changes in this
Agreement will be posted at www.houselocator.com. It is important for You to
refer to this Agreement from time to time to make sure that You are aware of
any additions, revisions, or modifications that We may have made to this
Agreement. Your continued use of the Website after any changes are made shall
be deemed Your acceptance of the changes.
The Website is protected by copyright pursuant to U.S. copyright
laws, international conventions and other copyright laws. The contents of the
Website are only for Your use. All materials contained on the Website are
protected by copyright and are owned or controlled by HouseLocator.com or the
party credited as the provider of the content. You agree to abide by any and
all additional copyright notices, information, or restrictions contained in any
part of the Website. Copying or storing of any content from the Website is
expressly prohibited without prior written permission from HouseLocator.com or
the copyright holder as identified on the Website.
HouseLocator.com owns many trademarks (the “Trademarks”). You
agree not to delete any Trademark or similar notice from any contents that You
obtain from the Website. Any questions concerning the use of Trademarks should
be referred to HouseLocator.com.
4. Changes to the Website.
HouseLocator.com may change, suspend, or discontinue any aspect
of the Website at any time. HouseLocator.com may also impose limits on certain
features and services or restrict access to parts or all of the Website without
notice or liability.
5. Representations and Warranties.
You represent, warrant and covenant that:
5.1. You are at least eighteen (18) years old; and
5.2. You will not upload, post, transmit, distribute or
otherwise publish through the Website any materials which:
5.2.1. Restrict or inhibit any other user from using and
enjoying the Website;
5.2.2. Are unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, profane, or indecent;
5.2.3. Constitute or encourage conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate the law;
5.2.4. Violate, plagiarize or infringe the rights of any third
party including, without limitation, copyright, trademark, patent, rights of
privacy or publicity, or any other right of any third party;
5.2.5. Contain a virus or other harmful or potentially harmful
Contain any information advertising of any kind; and/or
5.2.7. Constitute or contain false or misleading indications of
origin or statements of fact.
5.3. You understand that HouseLocator.com is an
advertising company, not a real estate broker or agent.
6. No Endorsement.
HouseLocator.com neither represents nor endorses the accuracy or
reliability of any listing, message, advice, opinion, statement, memorandum, or
other information displayed or distributed through the Website. You acknowledge
that any reliance upon any such listing, message, advice, opinion, statement,
memorandum, or information shall be at Your sole risk. HouseLocator.com
reserves the right, in its sole discretion, to correct any errors or omissions
in any portion of the Website. HouseLocator.com shall not have any duty to
correct any errors or omissions in any portion of the Website.
7. Links to Other Sites.
The Website may contain links and pointers to other World Wide
Web sites and resources. If You click on these links, You will be transported
to other websites that are neither owned nor controlled by HouseLocator.com
(collectively, “Third Party Sites”). HouseLocator.com has no control over the
statements, products, or services featured or sold at the Third Party Sites.
Links to Third Party Sites do not constitute an endorsement by HouseLocator.com
of the Third Party Sites, nor any of the statements, products, or services
offered or sold at the Third Party Sites.
8. Links From Other Sites.
Any other party that links to the Website:
Shall not create a browser or border environment around any of the content of
May link to, but not replicate, the Website’s content;
Shall not imply that the Website or HouseLocator.com is endorsing or sponsoring
it or its products;
Shall not present false information about HouseLocator.com or its products or
Shall not use Trademarks without the prior written permission from
7.6. Shall not contain content that could be construed as
distasteful, offensive, or controversial.
9. Registration and Payment Policy.
Registration may be required for the use of certain portions of
the Website. Your registration shall not impose any duty on Us to provide any
particular service to You. Your registration may be canceled by Us at any time,
for any reason, in our sole and absolute discretion. In the event that payment
is required by You to receive any goods or services offered by Us, You agree to
pay all charges to Your account, including applicable taxes, in accordance with
the billing terms in effect at the time the fee or charge becomes payable. We
reserve the right to change the amount of, or basis for determining, any fees
or charges, and to institute new fees or charges at any time without providing
notice to You.
10. Notice Specific to Documents Available on the Website.
10.1. From time to time, We may make certain
documents available at the Website for Your online review or download.
Permission to use documents like press releases, news stories, and FAQs from
the Website or HouseLocator.com’s servers (the “Documents”) is granted provided
The copyright notice below appears in all copies and that both the copyright
notice and this permission notice appear;
Use of such Documents is for informational and non-commercial or personal use
only and will not be copied or posted on any network computer or broadcast in
any media; and
10.1.3. No modifications of the Documents are made.
10.2. Elements of the Website including, but not
limited to, the “look and feel,” are protected by trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated in whole
or in part. No logo, graphic, sound or image from the Website may be copied or
retransmitted unless expressly permitted by HouseLocator.com.
11. Website Content and Information.
The Website contains information, offers, text, and other materials
(collectively, the “Information”) that are provided for Your convenience and
enjoyment. Some of the Information is provided by third parties. You should be
aware that the Information might contain errors, omissions, inaccuracies, or
outdated information. HouseLocator.com makes no representations or warranties
as to the completeness, accuracy, adequacy, currency, or reliability of any
Information and shall not be liable for any lack of the foregoing. Descriptions
of, or references to, products or publications within the Website does not
imply endorsement of that product or publication.
11.2. Part or all of the Information
may be subject to terms and conditions that may be found on the websites or in
the documents and policies of third parties. In the event of a conflict between
the terms and conditions of this Agreement and the terms and conditions that
may be found on the websites or in the documents and policies of third parties,
the terms of this Agreement shall control. We make no representations or
warranties as to the completeness, accuracy, adequacy, currency, or reliability
of any Materials and will not be liable for any lack of the foregoing.
11.3. Except for allowing You to use the Website for
Your personal use as set forth in the section above, when You use the
Website You are not receiving a license or any other rights from Us,
including intellectual property or other proprietary rights of
HouseLocator.com. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER HOUSELOCATOR.COM
PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
12. WARRANTY; LIMITATIONS.
12.1. EVERYTHING ASSOCIATED WITH THE
WEBSITE, INCLUDING ALL CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION
MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED “AS
IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HOUSELOCATOR.COM AND ITS
SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND
ANY ASPECT OF THE WEBSITE;
THE CONTENT ON THE WEBSITE;
THE CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH
ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR HYPERTEXT LINKS TO THIRD
12.1.5. ANY BREACH OF SECURITY ASSOCIATED WITH THE
TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
FURTHER, HOUSELOCATOR.COM AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOUSELOCATOR.COM DOES NOT
WARRANT THAT THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE
WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. HOUSELOCATOR.COM AND ITS SUBSIDIARIES AND AFFILIATES SHALL
NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE
CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT
ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY
NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS
12.3. HOUSELOCATOR.COM DOES NOT
WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE ARE LAWFUL IN ANY PARTICULAR
JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU
UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR
OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN
EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
13. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL HOUSELOCATOR.COM BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE
DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE
SERVICES EVEN IF HOUSELOCATOR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL HOUSELOCATOR.COM HAVE ANY LIABILITY TO YOU FOR ANY
DAMAGES, LOSSES, OR CAUSES OF ACTION FOR MORE THAN TEN DOLLARS ($10.00). USE OF
THE WEBSITE IS COMPLETELY AT YOUR OWN RISK.
You agree to indemnify HouseLocator.com, its officers,
employees, owners, representatives, agents, subsidiaries, affiliates, officers,
partners, suppliers, and licensors (hereinafter individually and collectively
referred to as “Indemnitees”) and HouseLocator.com agrees to control any
litigation, negotiations, discussions, settlements, or associated dealings, for
any claims, demands, penalties, fines, liabilities, attorneys’ fees, court
costs, legal expenses and causes of action of any nature, whether civil or
criminal, for losses and/or damages of any kind which may be brought against
HouseLocator.com and/or Indemnitees, in any way, directly or indirectly,
incident to, arising out of, in connection with or resulting from Your use of
15. Florida Law and Jurisdiction.
Notwithstanding any provision to the contrary, this
Agreement and the interpretation of its terms shall be governed and construed
in accordance with the laws of the State of Florida, without regard to its
conflicts of laws rules. The parties consent to the sole and exclusive
jurisdiction and venue of the Federal and state courts in Orange County,
Florida, for all state court matters.
16. Notices; Electronic Notification.
16.1. When You sign up for any
service at HouseLocator.com, You consent to receive any privacy or other
notices, agreements, disclosures, reports, documents, communications, or other
records (collectively, “Notices”), whether or not the Notices are related to
the service You signed up for or product You purchased, from HouseLocator.com
electronically. You consent to receive Notices electronically in either or both
of the following ways:
We may post the Notice on our Website at www.houselocator.com; or,
16.1.2. We may transmit the Notice to You by email.
All Notices provided to You electronically will be deemed to be “in writing.”
You acknowledge and agree that Your consent to receive Notices electronically
is being provided in connection with a transaction affecting interstate
commerce that is subject to the federal Electronic Signatures in Global and
National Commerce Act, and that We both intend that the Act apply to the
fullest extent possible to validate our ability to conduct business with You by
16.3. In order to receive Notices electronically from
HouseLocator.com, You must have:
An Internet browser, such as Internet Explorer 4.0 or greater or Netscape
Navigator 4.0 or greater;
An email account and email software;
A personal computer, operating system and telecommunications connections to the
Internet capable of supporting the foregoing;
Sufficient electronic storage capacity on Your computer’s hard drive or other
data storage unit; and
16.3.5. A printer that is capable of printing from
Your browser and email software.
Any controversy or claim arising out of or relating to
this Agreement, or the breach of this Agreement, shall be settled by
arbitration administered by the American Arbitration Association exclusively in
Orange County, Florida, in accordance with its commercial arbitration rules and
judgment upon the award rendered by the arbitrator may be entered in by any
court with appropriate jurisdiction.
This Agreement contains the sole and entire agreement between the parties with
respect to the subject matter of this Agreement and supersedes any and all
other prior written or oral agreements between them. Captions contained in this
Agreement are inserted only as a matter of convenience or for reference and in
no way define, limit, extend, or describe the scope of this Agreement or the
intent of any provision of this Agreement. It is the intent of the parties that
neither this Agreement, nor any covenant in this Agreement, shall be construed
against either party pursuant to the common law rule of construction against
the drafter. It is the intent of the parties that said rule not be applicable
to this Agreement. The parties waive all rights to trial by jury in any action
or proceeding instituted in connection with this Agreement. If any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction or as a result of future legislative action, such holding or
action shall be strictly construed and shall not affect the validity or effect
of any other provision of this Agreement. This Agreement and the interpretation
of its terms shall be governed by and construed in accordance with the laws of
the State of Florida, without regard to its conflicts of laws rules.