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HOMERIGHT WEB SITE TERMS OF USE
HomeRight operates the HomeRight.com web site (the "Site")
to provide online access to information about HomeRight, and the
products we provide (the "Service").
By accessing and using the Site, you agree to each of the terms
and conditions set forth herein ("Terms of Use"). If you
do not agree with any of the Terms of Use, you are not authorized
to access or use the Site for any purpose. Additional terms and
conditions applicable to specific areas of the Site or to particular
content or transactions may be posted in particular areas of the
Site and, together with these general terms and conditions, govern
your use of those areas. These general terms and conditions, together
with such additional terms and conditions where applicable, are
referred to as this "Agreement."
HomeRight reserves the right to modify these Terms of Use at
any time without giving you prior notice. Your use of the Site following
any such modification constitutes your agreement to follow and be
bound by the Terms of Use as modified. The last date these Terms
of Use were revised is set forth below.
1. INTELLECTUAL PROPERTY
The Service, the Site, and all information and/or content that you
see, hear or otherwise experience on or download from the Site (collectively,
the "Content") are protected by U.S. and international
copyright, trademark and other laws, and belong to HomeRight or
its partners, affiliates, contributors or third parties. You may
use the Site, the Service and the Content solely for your personal
or internal, non-commercial use. You may download, print and store
portions of the Content that you select, provided that you: (1)
only use these copies of the Content for your own personal, non-commercial
use; (2) do not copy or post the Content on any network computer
or transmit, distribute, publish or broadcast the Content in any
media; and (3) do not modify or alter the Content in any way, or
delete or change any copyright or trademark notice. No right, title
or interest in any Content is transferred to you, whether as a result
of downloading such Content or otherwise. HomeRight reserves complete
title and full intellectual property rights in all Content.
You may not modify, reformat, copy, reproduce, display, distribute,
repost, transmit, publish, license, sell, rent, transfer, or create
derivative works from any Content or information obtained from the
Site or the Service, except as expressly permitted by the Terms
of Use. You may not mirror or frame the home page or any other pages
of this Site on any other web site or web page. You may not connect
"deep links" to the Site, i.e., create links to this site
that bypass the home page or other parts of the Site. You are prohibited
from using any of the marks or logos appearing throughout the Site
without express written consent from the trademark owner, except
as permitted by applicable law.
2. TRANSACTIONS
Transactions for the purchase or sale of goods or services facilitated
by use of the Site will be governed by the Terms of Use unless specifically
stated otherwise in a particular area of the Site. No additional
or different terms contained in any purchase order, document, transmission
or other communication you submit shall be binding upon HomeRight
unless agreed to by HomeRight in writing. HomeRight reserves the
right, without prior notification and in its sole discretion, to
limit the order quantity on any item and to refuse service to anyone.
3. DISCLAIMERS
a. Third Party Links. Hypertext
links to third party web sites or information do not constitute
or imply an endorsement, sponsorship, or recommendation by HomeRight
of the third party, the third-party web site, or the information
contained therein, unless expressly stated on the Site. HomeRight
is not responsible for the availability of any such web sites. HomeRight
does not endorse or warrant, and is not responsible or liable for,
any such web site or the content thereon.
b. Downloading Files. HomeRight
cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection by software
viruses or other harmful computer code, files or programs. The entire
risk as to the quality and performance of the Site and the Service
and the accuracy of the Content is solely and exclusively with the
user.
c. International Use. HomeRight
makes no representation that the Content is applicable or appropriate
for use in locations outside the United States. You agree to comply
with all applicable laws and local rules regarding the transmission
of technical data, acceptable contents and online conduct.
4. DISCLAIMER OF WARRANTIES
HOMERIGHT MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE
OR THE CONTENT. HOMERIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO
THE SITE, THE SERVICE, AND THE CONTENT. HOMERIGHT DOES NOT WARRANT
THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN
THE SITE OR THE SERVICE WILL BE CORRECTED. HOMERIGHT DOES NOT WARRANT
THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS
IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE
CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
5. LIMITATION OF LIABILITY
IN NO EVENT WILL HOMERIGHT BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I)
THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT,
(II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE;
(III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER
MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF
HOMERIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF
YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR
WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, HOMERIGHT’S
LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST
EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED FIVE HUNDRED
DOLLARS ($500.00).
6. INDEMNIFICATION
You understand and agree that you are personally responsible for
your behavior on the Site. You agree to indemnify, defend and hold
harmless HomeRight, its parent companies, subsidiaries, affiliated
companies, joint venturers, business partners, licensors, employees,
agents, and any third-party information providers to the Service
from and against all claims, losses, expenses, damages and costs
(including, but not limited to, direct, incidental, consequential,
exemplary and indirect damages), and reasonable attorneys’
fees, resulting from or arising out of your use, misuse, or inability
to use the Site, the Service, or the Content, or any violation by
you of this Agreement.
7. PRIVACY STATEMENT
Click here to see HomeRight’s Privacy
Statement.
8. USER CONDUCT
You agree not to take any action that might compromise the security
of the Site, render the Site inaccessible to others or otherwise
cause damage to the Site or the Content. You agree not to add to,
subtract from, or otherwise modify the Content. You agree not to
use the Site in any manner that might interfere with the rights
of third parties.
9. USER SUPPLIED INFORMATION
If you supply or post any information or material to the Site,
you guarantee to us that you have the legal right to post such material
and that it will not violate any law or the rights of any person
or entity. By posting material on the Site, you give HomeRight the
royalty-free, irrevocable, perpetual, worldwide right to use, distribute,
display and create derivative works from this material, in any and
all media, in any manner, in whole or in part, without any restriction
or responsibilities to you.
10. GENERAL PROVISIONS
a. Entire Agreement/No Waiver.
These Terms of Use constitute the entire agreement of the parties
with respect to the subject matter hereof. No waiver by HomeRight
of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies.
The Content may contain typographical errors or other errors or
inaccuracies and may not be complete or current. HomeRight therefore
reserves the right to correct any errors, inaccuracies or omissions
and to change or update the Content at any time without prior notice.
HomeRight does not, however, guarantee that any errors, inaccuracies
or omissions will be corrected.
c. Enforcement/ Choice of Law/
Choice of Forum. If any part of the Terms of Use is determined
by a court of competent jurisdiction to be invalid or unenforceable,
it will not impact any other provision of these Terms of Use, all
of which will remain in full force and effect. Any and all disputes
relating to these Terms of Use, HomeRight’s Privacy Policy,
your use of the Site, any other HomeRight web site, the Service,
or the Content (collectively, "Disputes") are governed
by, and will be interpreted in accordance with, the laws of the
State of Minnesota, without regard to any conflict of laws provisions.
Any Dispute will be venued in a state or federal court situated
in Minneapolis, Minnesota, and you hereby irrevocably submit to
the personal jurisdiction of such courts for that purpose.
d. Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent. See Notice and
Procedure for Making Claims of Copyright Infringement.
©Copyright 2002, HomeRight. All rights reserved.
DATE OF LAST MODIFICATION
December 16, 2002
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Terms
of Use | Privacy Policy