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READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW AS THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HOMEGRADER.COM (AS HEREINAFTER DEFINED). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CLICKING ON THE BUTTON MARKED "I ACCEPT" AND YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
Internet Services and Use Agreement
This Internet Services and Use Agreement (the "Agreement") is between you and HOMEGRADER.COM, a division of Hoff Enterprises, Inc. d/b/a Bizgrader.com, a corporation organized and existing under the laws of Rhode Island and with a principal place of business at 5586 Post Road, East Greenwich, RI 02818 (“homegrader.com”). Use of the Services signifies your agreement to the terms and conditions of use set forth in this Agreement.
1. Services and Grant of Rights
HOMEGRADER.COM is a web-based service to provide the seller and real estate agent of real estate information, feedback, suggestions and responses from prospective purchasers of their real estate. The information feedback, suggestions and responses from prospective purchasers is provided by means of e-mails and postings on the seller’s HOMEGRADER.COM home page. HOMEGRADER.COM grants you a non-exclusive, non-transferable, limited right to access, use and display the Internet access services provided by HOMEGRADER.COM, including, without limitation, e-mail, newsgroups, bulletin board services, and any other services which HOMEGRADER.COM may offer (collectively, the "Service"). A Service account may not be transferred to another party or entity without prior written approval from HOMEGRADER.COM, and any such transfer of a Service account is subject to any limits established by HOMEGRADER.COM.
You recognize that you are solely responsible for the content of any information you make available by means of the Service, including, without limitation, by posting on a Web site or in e-mail, or in a bulletin board service. HOMEGRADER.COM has the right to monitor the content which you or other users make by means of the Service, but shall have no obligation to do so. You agree that if HOMEGRADER.COM in its sole discretion deems any content made available by you to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, HOMEGRADER.COM has the right, but not the obligation, to remove or deny access to such content. You expressly agree that HOMEGRADER.COM shall not be liable to you for any action HOMEGRADER.COM takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. HOMEGRADER.COM has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of your access privileges and/or deletion of the objectionable material.
3. Proprietary Materials
Material accessible to you through the HOMEGRADER.COM Service may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.
4. Prohibited Uses
You expressly agree not to use the HOMEGRADER.COM Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, impersonation of HOMEGRADER.COM personnel or other parties or entities, transmitting abusive, profane, libelous, slanderous, threatening or otherwise harassing material via e-mail, USENET, chat services bulletin boards or your personal Web page(s). You also agree not to use the Service to (i) solicit other members to patronize services; (ii) violate the security of the Service; or (iii) attempt to utilize another user's account name or persona without authorization from that user. Furthermore, you may not post on HOMEGRADER.COM or offer through our site any; service or product that could cause HOMEGRADER.COM to violate any applicable law, statute, ordinance or regulation, or any service or product that is not related to the real estate services that you are permitted to perform under applicable laws or regulations, or any service that is not considered a real estate service.
5. Fees and Payment
(a) You will be charged $29.99 per month for unlimited usage of this Service provided by HOMEGRADER.COM. You will be billed a minimum of one full month for any part of the month the HOMEGREADER.COM service was used. You are responsible for all charges associated with connecting to the Service, including, without limitation, all telephone access lines, telephone and computer equipment necessary to access the Service.
(b) To purchase the services of HOMEGRADER.COM, you must provide your billing address, telephone number, and relevant credit card information as required by the registration page of HOMEGRADER.COM. You are required to keep a current credit card on file with HOMEGRADER.COM. Your access to the HOMEGRADER.COM shall be suspended if your credit card expires or payment is otherwise declined. Thereafter you may reinstate your service by updated your credit card information with updated and valid information.
(c) HOMEGRADER.COM reserves the right to change at any time and for any reason the membership program, dues, fees, charges or rates at any time upon prior notice sent by message to the e-mail address you have registered in your membership account. You as the user are responsible for paying all applicable taxes for services and any other costs you incur through the use of access to our servers. You shall also be liable for all attorney and collection fees arising from HOMEGRADER.COM's efforts to collect any unpaid balance of your account(s).
6. User Information
(a) You certify to HOMEGRADER.COM that you are not a minor, i.e., that you are at least eighteen (18) years of age.
(b) For purposes of identification, billing and marketing, you agree to provide HOMEGRADER.COM with accurate, complete, and updated information required by the registration to the Service (“Registration Data”). You agree to notify HOMEGRADER.COM within ten (10) days of any changes in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Service.
(c) You are solely responsible for maintaining the confidentiality of your passwords, and agree that HOMEGRADER.COM will have no obligations with regard thereto.
(d) HOMEGRADER.COM reserves the right to reveal any Registration Data or other information in its possession regarding users of the Services in cooperation with a request or investigation by any governmental body or governmental agency.
(e) You will not use any information other than to provide feedback on seller's properties and will not publish any information provided on the HOMEGRADER.COM website.
(f) You will not take any action that may undermine the feedback system, including, without limitation: leaving positive feedback for yourself by editing agent’s feedback, leaving false negative feedback.
(g) You will not use any HOMEGRADER.COM service to impersonate or portray another person or entity, to communicate under a false name you are not authorized to use, or otherwise engage in false or fraudulent practices.
7. No Expectation of Privacy
You acknowledge that transmissions made by means of the Service are not confidential and that your communications may be read or intercepted by others. You acknowledge that by transmitting materials by means of the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and HOMEGRADER.COM.
8. Warranty and Indemnification
You represent and warrant to HOMEGRADER.COM that you will not transmit by means of the Service any materials of any kind which (i) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (ii) are exported in violation of any law, rule, or regulation governing exports from the United States; (iii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (iv) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further represent and warrant to HOMEGRADER.COM that your use of the Service will at all times comply with all applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless HOMEGRADER.COM and its shareholders, employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. HOMEGRADER.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of HOMEGRADER.COM.
9. DISCLAIMER OF WARRANTY
THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, 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, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HOMEGRADER.COM MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, HOMEGRADER.COM'S NEGLIGENCE.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HOMEGRADER.COM BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF HOMEGRADER.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 HOMEGRADER.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $1,000 DOLLARS.
In addition to any other rights of the parties set forth herein, either you or HOMEGRADER.COM may terminate this Agreement at any time upon notice. HOMEGRADER.COM also reserves the right to restrict, suspend or terminate the Services in whole or in part, without notice, with respect to any breach or threatened breach of Sections 3 or 4, or based on a breach of any of your warranties set forth in Section 9. If HOMEGRADER.COM terminates your membership pursuant to this Section 12, HOMEGRADER.COM reserves the right to deny access to the Service in whole or in part, including, without limitation, removing your home page from the HOMEGRADER.COM server, and to refuse to provide the service to you following such termination.
12. System Integrity and Links
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of HOMEGRADER.COM of any information posted via the site. If you are issues a password, you agree not to disclose your password to any third party or use your password for any unauthorized purpose. HOMEGRADER.COM may display URLs or icons that allow users to link to other web sites, including, without limitation, sites operated by other real estate agents. Any content, representations or warranties made on such other web sites are the sole responsibility of the operator of the site, and HOMEGRADER.COM assumes no liability, obligation, or responsibility for such content, representations, or warranties.
13. Modifications to Agreement
HOMEGRADER.COM has the right to modify this Agreement. Any modification is effective immediately upon either a posting on the HOMEGRADER.COM Home Page (http://www.homegrader.com), or upon notice by electronic mail, or U.S. mail. Your continued use of the HOMEGRADER.COM Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of HOMEGRADER.COM in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount or type of Service Fees, is to terminate Membership by delivering notice to HOMEGRADER.COM. Such notice will be effective upon receipt by HOMEGRADER.COM.
This Agreement constitutes the entire agreement between you and HOMEGRADER.COM with respect to the HOMEGRADER.COM Service and supersedes all prior agreements between you and HOMEGRADER.COM. Failure by HOMEGRADER.COM to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Rhode Island (excluding its choice of law rules). You consent to personal jurisdiction in the federal and state courts of Providence County, Rhode Island for any action arising out of or relating to your use of the HOMEGRADER.COM Service. The federal and state courts of Providence County, Rhode Island shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
15. Entire Agreement
You and HOMEGRADER.COM acknowledge that this terms of this use agreement constitutes the entire agreement between you and HOMEGRADER.COM with regard to the subject matters addressed herein, that this Agreement supersedes all prior or contemporaneous agreements, discussions, or representations, whether oral or written, with respect to the services provided by HOMEGRADER.COM.