iHomeConnect.com provides this internet
web site and the services offered on it (collectively,
the “Services”) under the following terms and conditions
of service and use (the “Terms”). Please read them
carefully. You understand, agree and acknowledge that
your use and the Services provided to you are exclusively
governed by these Terms which cannot be modified by
you. By accessing and using the Services, you agree
that you have read and understand the Terms and that
you agree to be bound by them, without limitation or
qualification and that no signatures are required to
implement the Terms. As used on this Web site, the terms
“we”, “us”, or “our” refer to iHomeConnect.com
. “You” refers to all users of the web site.
“Agents” refers to users who list their properties for
sale or rent on the web site under a Realtor/Agent account.
"Private Party" refers to users who list their
properties for sale or rent on the web site under a
Private Party account.
ADDITIONAL TERMS; MODIFICATIONS
TO THE TERMS
iHomeConnect.com may change the Terms
from time to time without prior notification to you.
Each time you access the web site you will be governed
by the Terms then in effect. All of such changes will
be posted on the iHomeConnect.com
home page. If you object to any such changes, your sole
recourse shall be to cease using the Services. Continued
use of the Services following any such changes shall
indicate your acknowledgement of such changes and agreement
to be bound by the terms and conditions of such changes,
without limitation or qualification. In addition, when
using particular portions of the Services, you will
be governed by additional terms which will appear when
accessing such Services. All such additional terms are
herein incorporated by reference. In the event of a
conflict between such additional terms and these Terms,
such additional terms shall govern when you access such
Services.
MODIFICATIONS TO THE SERVICES
We reserve the right to modify or discontinue (temporarily
or permanently) the Services (or any part thereof) with
or without notice to you. We shall not be liable to
you or any third party if we exercise our right to modify
or discontinue the Services. If you object to any such
changes, your sole recourse shall be to cease using
the Services. Continued use of the Services following
notice of any such changes shall indicate your acknowledgement
of such changes and satisfaction with the Services as
so modified.
PRIVACY
As part of the registration process, Private Party users and Agents will be
asked to provide certain personal information to us.
You acknowledge, consent and agree that iHomeConnect.com
may access, preserve, and disclose your account information
and Content if required to do so by law or in a good
faith belief that such access preservation or disclosure
is reasonably necessary to: (a) comply with legal process;
(b) enforce the Terms; (c) respond to claims that any
Content violates the rights of third-parties; (d) respond
to your requests for customer service; or (e) protect
the rights, property, or personal safety of iHomeConnect.com,
its users and the public. All uses of such personal
information will be in accordance with the provisions
of our Privacy Policy .
Your Listing, Password and
Security
Private Party users and Agents will be assigned individual listing numbers
and passwords. You are responsible for maintaining
the confidentiality of your listing number and password
and you are solely responsible for all activities
that occur under your listing number and password.
You agree to immediately notify us of any unauthorized
use of your listing number and password or any other
breach of security related to the Services. WE CANNOT
AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING
FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR LISTING
NUMBER AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH
THIS SECTION.
YOUR RESPONSIBILITIES
In providing us with information during the registration
process, you agree to provide true, accurate, current
and complete information as prompted and to maintain
and update such information to keep it true, accurate,
current and complete at all tim es. If any information
you provide is untrue, inaccurate, not current or incomplete,
or if we reasonably believe so, we may suspend or terminate
your access to and use of the Services, and refuse to
provide any current or future Services to you. You acknowledge
that you are over 18 years of age or otherwise are of
legal age to form a binding contract. You are responsible
for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and
use of the Services and all charges related thereto.
You are solely responsible for all acts or omissions
that occur under your listing number or password, including
the accuracy and completeness of all content that you
(or anyone using your account) submit, post or transmit
through the Services.
You agree not to use the Services to
do any of the following:
- violate any local, state, national or international
law;
- stalk, harass or harm another individual or communicate
with such individual after being advised to cease
any such communications;
- collect, harvest or store personal data about
other users including email addresses or contact
Private Party users and Agents for any purpose other than responding to
the content posted by such Private Party users and Agents;
- impersonate any person or entity, or otherwise
misrepresent your affiliation with a person or entity;
- interfere with or disrupt the Services or servers
or networks connected to the iHomeConnect.com
Web site or the other Services, or disobey
any requirements, procedures, policies or regulations
of networks connected to the iHomeConnect.com
web site; and
- upload, submit, post, store or transmit any (a)
content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy,
hateful, racist, sexist, homophobic, or ethnically
or otherwise objectionable; (b) content that you
do not have a right to transmit under any law or
under contractual or fiduciary relationships; (c)
content that infringes the intellectual property
rights of a third party; or (d) material that contains
software viruses or any other computer code, files
or programs, for example, worms, Trojan horses,
cancelbots, tim e bombs and the like, designed to
interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications
equipment; (d) unsolicited advertising material,
notices or “spam”, “junk mail”, pyramid schemes,
chain letters or the like; (e) surveys that have
not been approved or cleared by us;or (f) contests
or games of chance.
YOUR RESPONSIBILITIES IN REGARD
TO PROPERTY LISTINGS (if applicable):
Canceling your ad is simple. Login
using the right sidebar entitled "Login".
Once logged in, click on your listing "Total"
on the bottom left navigation bar. Click on "Delete"
next to the listing information.
THIRD PARTY CONTENT AND MONITORING
We are a publisher of Content supplied by third parties
and users of the Services. Any opinions, advice, statements,
services, offers, or other information or Content expressed
or made available by third parties, including information
provided by other users of the Services, are those of
the respective author(s) or distributor(s) of that information
and not of iHomeConnect.com . We neither
endorse nor are responsible for the accuracy or reliability
of any opinion, advice, information, or statement made
on the iHomeConnect.com Web site by
such parties. By posting, inputting or otherwise submitting
information to our web site, you are representing you
are the rightful owner of such information and are granting
us the right, license and privilege to use such information
or data in any way we deem appropriate. We have the
right, but not the obligation, to monitor and review
the Content on the iHomeConnect.com
Web site and provided through use of the Services and
your account to determine compliance with these Terms
and any other operating rules established by us, to
satisfy any law, regulation or authorized government
request, or for other purposes. You understand and acknowledge
that we do not pre-screen or monitor Content for accuracy
or reliability, but that we and our designees shall
have the right (but not the obligation) in our sole
discretion to remove any Content from the Services,
without liability to you for any reason. Without limiting
the foregoing, we and our designees shall have the right
to remove any Content that violates the Terms, that
we believe may create liability for us, or that we deem
otherwise objectionable.
DEALINGS WITH PARTNERS AND
ADVERTISERS
Your correspondence or business dealings with, participation
in promotions of, or purchase of goods and/or services
from our partners, advertisers or sponsors found on
or through the Services, and any terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such partner(s), advertiser(s)
or sponsor(s). YOU AGREE THAT iHomeConnect.com
SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF
ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE
OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON OR THROUGH
THE SERVICES.
EXTERNAL LINKS
Our provision of a link to any other Web site or location
is for your convenience and does not signify our endorsement
of such other Web site or location or its contents.
Any concerns you may have regarding any external link
should be directed to that link's Web site administrator
or webmaster. iHomeConnect.com SHALL
NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS
FOUND AT ANY OTHER WEB SITE, INTERNET LOCATION, OR SOURCE
OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
NO SPAM
We do not condone or allow spam. We prohibit you from
using the Services to promote your own Web site or any
business, product or service through the sending of
unsolicited email. We reserve the right to investigate
and terminate your rights under this Agreement.
USE AND STORAGE
You acknowledge and agree that we may establish general
practices and limits concerning use of the Services,
including, without limitation, the maximum number of
days that information, data, account history or other
uploaded Content will be retained by the Services and
the maximum number of times (and the maximum duration
for which) you may access the Services in a given period
of time.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion
of the Services, use of the Services or access to the
Services. The Services are provided for your personal,
noncommercial use only.
TERMINATION
You agree that we, in our sole discretion, may terminate
your password, account (or any part thereof) or access
to and use of the Services, and remove and discard any
information posted by you on or through the Services,
for any reason or no reason, with or without notice
and effective immediately, including, without limitation,
if we believe that you have violated or acted inconsistently
with the letter or spirit of the Terms. You acknowledge
and agree that we may immediately deactivate or delete
your account and all related information and files in
your account and/or bar any further access to such files
or the Services. You agree that we may terminate your
account if it remains inactive for an extended period
of tim e. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR
ACCESS TO THE SERVICES. You may discontinue your participation
in and access to the Services at any time.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR
SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES.
WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE
ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY
OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR
OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET
YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL
BE CORRECTED; OR (E) THE iHomeConnect.com
WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THA T
R ESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.
WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS
OR SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED
INTO THROUGH OR AS THE RESULT OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM iHomeConnect.com OR THROUGH
OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST
EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL
iHomeConnect.com OR ITS OFFICERS,
EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES,
AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES),
ARISING OUT OF OR IN ANY WAY RELATED TO:
- the use or the inability to use the Services;
- the cost of procurement of substitute goods and
services resulting from any goods, data, information
or services purchased or obtained or transactions
entered into through or from the Services;
- unauthorized access to or alteration of your transmissions
or data;
- statements or conduct of any third party on or
through the Services, including threatening, defamatory,
obscene, offensive or illegal conduct or any infringement
of another's rights, including intellectual property
rights;
- your failure to adequately safeguard your password
or access to the Services;
- any Content you access through the services, including,
but not limited to, for any errors or omissions in
any Content, or your use of or reliance on any Content
posted, emailed or otherwise transmitted through the
Services;
- termination of your access to or use of the Services
as provided herein;
- the deletion or failure to store any information
or data, communications or Content maintained or transmitted
by or through the Services;
- any modification, suspension or discontinuance of
the Services (or any part thereof) or these terms;
- use of or reliance on any Content, goods or services
available on any other Web sites that you access through
the Services; and
- any other matter relating to the Services or these
Terms.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability
for incidental or consequential damages. Accordingly,
some of the above limitations and disclaimers may not
apply to you. To the extent that we may not, as a matter
of applicable law, disclaim any implied warranty or
limit its liabilities, the scope and duration of such
warranty and the extent of our liability shall be the
minimum permitted under such applicable law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless iHomeConnect.com
, its parents, subsidiaries, affiliates, officers,
directors, co-branders or other partners, employees,
consultants and agents from and against any and all
third-party claims, liabilities, damages, losses, costs,
expenses, fees (including reasonable attorneys' fees)
that such parties may incur as a result of or arising
from (1) any information or Content (as defined below)
that you (or anyone using your account) submits, posts
or transmits through the Services, (2) your (or anyone
using your account's) use of the Services, (3) your
(or anyone using your account's) violation of these
Terms, (4) your (or anyone using your account's) violation
of any rights of any other person or entity or (5) any
viruses, trojan horses, worms, tim e bombs, cancel bots
or other similar harmful or deleterious programming
routines input by you into the iHomeConnect.com
Web site or other Services.
TRADEMARKS
Certain of the names, logos, and other materials displayed
on the iHomeConnect.com Web site and
in and through the Services constitute trademarks, trade
names, service marks or logos (“Marks”) of iHomeConnect.com
or other entities. You are not authorized
to use any such Marks. Ownership of all such Marks and
the goodwill associated therewith remains with us or
those other entities.
COPYRIGHTS; RESTRICTIONS ON
USE
The content of the Services, including without limitation,
text, software, music, sound, photos, graphics, video,
page layout and design and other material contained
in the Services or information presented through the
Services by iHomeConnect.com or its
licensors (the “Content”), is copyrighted by iHomeConnect.com
and/or its licensors under United States and
international copyright laws, is subject to other intellectual
property and proprietary rights and laws, including
trademark and patent laws, and is owned by iHomeConnect.com
or its licensors. The Content may not be copied,
modified, reproduced, republished, uploaded, posted,
transmitted, sold, offered for sale, or redistributed
in any way without the prior written permission of iHomeConnect.com
and our applicable licensors. You must abide
by all copyright notices, information, or restrictions
contained in or attached to any Content. You acknowledge
and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected
by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to
you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly
authorized by iHomeConnect.com
or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
iHomeConnect.com grants you a personal,
non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of
the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other
than through the interface that is provided by
iHomeConnect.com for use in accessing
the Service.
LICENSE
You hereby grant to iHomeConnect.com
and its successors and assigns, a worldwide, perpetual,
irrevocable, royalty-free, sublicenseable right, in
any media now known or currently known, to exercise
all copyright and other intellectual property rights
with respect the Content you provide to us to be published
on the iHomeConnect.com Web site or
on or through the Services or otherwise through the
Services, to use, distribute, display, reproduce, modify
and create derivative works from such material, in any
and all media, in any manner, in whole or in part, without
any duty to account to you. The foregoing does not apply
to Content contained on hyper linked pages or any other
Content you do not submit to us.
MISCELLANEOUS
The Terms constitute the entire and exclusive and final
statement of the agreement between you and iHomeConnect.com
with respect to the subject matter hereof,
and govern your use of the Services, superseding any
prior agreements or negotiations between you and iHomeConnect.com
with respect to the subject matter hereof.
The Terms and the relationship between you and iHomeConnect.com
shall be governed by the laws of the State
of New York as applied to agreements made, entered into
and performed entirely in New York by New York
residents, notwithstanding your actual place of residence.
All lawsuits arising out of the Terms or out of your
use of the Services shall be brought in the Federal
or state courts having jurisdiction over New York County,
New York and you hereby irrevocably submit to
the exclusive personal jurisdiction of such courts for
such purpose. Service of Process in any such action
may be effected either by certified mail, return receipt
requested or by recognized national private carrier
where you or your authorized agent accept delivery of
such service of process. Our failure to exercise or
enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision,
and that the other provisions of the Terms remain in
full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Services
or the Terms must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience
only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the Terms to us at violations@iHomeConnect.com.
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