BY CLICKING “I ACCEPT” 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
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 by clicking the “I Accept” checkbox in order to continue your
registration and listing on 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
4. Changes to the Website.
HouseLocator.com may change, suspend, or discontinue any aspect
of the Website or Your listing 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
5.2.6. 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:
8.1. Shall not create a browser or border environment around
any of the content of the Website;
8.2. May link to, but not replicate, the Website’s content;
8.3. Shall not imply that the Website or HouseLocator.com is
endorsing or sponsoring it or its products;
8.4. Shall not present false information about HouseLocator.com
or its products or services;
8.5. Shall not use Trademarks without the prior written
permission from HouseLocator.com; and
8.6. Shall not contain content that could be construed as
distasteful, offensive, or controversial.
9. Registration and Payment Policy.
Registration shall 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
10.1.1. The copyright notice below appears in all copies and
that both the copyright notice and this permission notice appear;
10.1.2. 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.
11.1. 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
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.
12. Content Uploaded by You
12.1. From time to time, HouseLocator.com may
permit you to upload information, listings, advice, text, data, software,
messages, and other materials to the Website (“Your Content”). Your Content is
your sole responsibility. This means that you, and not HouseLocator.com, are
entirely responsible for all of Your Content that you upload, post, email,
transmit, or otherwise make available via the Website. Under no circumstances
will we be liable in any way for any of Your Content including, but not limited
to, any errors or omissions in Your Content, or for any loss or damage of any
kind incurred as a result of the use of any of Your Content made available via
12.2. You hereby grant us a world-wide,
royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, and display Your Content and to
incorporate Your Content in other works in any form, media, or technology now
known or later developed.
12.3. You acknowledge that we do not pre-screen
Your Content, but that we have the right, but not the obligation, in our sole
discretion to modify, transmit over various networks, refuse or move any of
Your Content that is available on the Website. You agree that you must
evaluate, and bear all risks associated with, the use of any of Your Content
including, but not limited to, any reliance on the accuracy, completeness, or
usefulness of Your Content.
12.4. You acknowledge and agree that HouseLocator.com may
preserve Your Content and may also disclose Your Content at any time and for
12.5. Since we do not pre-screen Your Content, you may be
exposed to content that is offensive, indecent, or objectionable.
HouseLocator.com shall use reasonable efforts to restrict unauthorized access
to Your data and files. However, no password-protected system of data storage
and retrieval can be made entirely impenetrable. You acknowledge it may be
possible for an unauthorized third party to access, view, copy, modify, or
distribute the data and files You store using the website.
14. Notice and Procedure for Making Claims of Copyright Infringement Pursuant
to the Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act.
14.1. HouseLocator.com respects the rights of
all copyright holders and in this regard HouseLocator.com has adopted and
implemented a policy that provides for the termination in appropriate
circumstances of subscribers and account holders who infringe the rights of
copyright holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide HouseLocator.com’s copyright
agent the following information required by the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §
14.1.1. A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
14.1.2. Identification of the copyright work
claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such
works at that site;
14.1.3. Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material;
14.1.4. Information reasonably sufficient to permit us to
contact the complaining party;
14.1.5. A statement that the complaining party
has a good-faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and
14.1.6. A statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
14.2. HouseLocator.com’s copyright agent for
notice of claims of copyright infringement on or regarding this Website can be
reached as follows:
15. WARRANTY; LIMITATIONS.
15.1. 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 WHATSOEVER
15.1.1. ANY ASPECT OF THE WEBSITE;
15.1.2. THE CONTENT ON THE WEBSITE;
15.1.3. THE CONTENT, OFFERS, FUNCTIONS, MATERIALS AND
INFORMATION ACCESSIBLE THROUGH THE WEBSITE;
15.1.4. ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR
HYPERTEXT LINKS TO THIRD PARTIES; AND/OR,
15.1.5. ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION
OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
15.2. 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 AGREEMENT.
15.3. 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.
16. 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 the Website.
18.1. HouseLocator.com may terminate this
Agreement with or without cause at any time and without providing notice. You
may terminate this Agreement with or without cause at any time by giving
18.2. If HouseLocator.com believes that You
have violated Your obligations under this Agreement, HouseLocator.com may, at
its option and in addition to its other remedies, immediately and without
notice, suspend Your registration, remove and destroy data and files stored by
You on HouseLocator.com’s servers and terminate this Agreement.
HouseLocator.com shall not be liable to You or any third party for any
suspension or termination of Your registration.
18.3. Should You object to any terms and
conditions of this Agreement or any subsequent modifications, or become
dissatisfied with the HouseLocator.com’s website in any way, Your only recourse
is to immediately:
18.3.1. Discontinue use of the website and Your registration;
18.3.2. Terminate this Agreement; and
18.3.3. Notify HouseLocator.com of such termination.
18.4. Upon any termination of this Agreement,
You shall cease use of the website and Your registration. HouseLocator.com may
destroy any of Your stored data files that are not removed from
HouseLocator.com servers within five (5) days of receipt of your notice of
HouseLocator.com, Inc. may discontinue the Website and associated services at its sole and absolute discretion.
In such event, if you have listed a property on HouseLocator.com with "Until Sold" option, and your property listing is still active,
HouseLocator.com will notify you via Email at least one year prior to discontiuing the Website.
Any "Until Sold" listing will remain active on the Website for one year after such notification. At
the termination of HouseLocator.com Website, all listings and associated services will also be terminated.
19. 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
20. Notices; Electronic Notification.
20.1. When You register with 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:
20.1.1. We may post the Notice on our Website at
20.1.2. We may transmit the Notice to You by email.
20.2. 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 electronic means.
20.3. In order to receive Notices electronically from
HouseLocator.com, You must have:
20.3.1. An Internet browser, such as Internet Explorer 4.0 or
greater or Netscape Navigator 4.0 or greater;
20.3.2. An email account and email software;
20.3.3. A personal computer, operating system and
telecommunications connections to the Internet capable of supporting the
20.3.4. Sufficient electronic storage capacity on Your
computer’s hard drive or other data storage unit; and
20.3.5. A printer that is capable of printing from Your browser
and email software.
20.4. All Notices sent by You to HouseLocator.com shall be sent
by email to firstname.lastname@example.org.
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
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.