Terms of Service
TERMS OF SERVICE
Effective Date: September 1, 2015.
DISCLAIMER: The Site is a membership-based web site intended to provide general guidance to homeowners and real estate agents about the preparation of residential properties and surrounding grounds for sale. The Site and Content is for informational purposes only and should not be used as a substitute for professional advice. HT does not make any warranties or representations as to the results you will obtain by using the Site. HT is not affiliated with any real estate agent, association or group and does not warrant or represent that the Content is appropriate for your particular needs. HT does not make any representations or warranties about the services provided by any real estate agent, including but not limited to real estate agents appearing on the Site. Any real estate agents appearing on the Site are not employees or agents of HT and the Site does not provide real estate, appraisal, or inspection advice. You understand that use of the Site is solely at your own risk and HT is not liable for any loss, damages or liability resulting therefrom.HT DISCLAIMS ANY AND ALL LIABILITY FOR ANY INJURY OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES, CONTRACTS, OR YOUR DEALINGS WITH OTHER HOMEOWNERS OR REAL ESTATE AGENTS THAT USE THE SITE. Should you have a dispute with any OTHER HOMEOWNER OR REAL ESTATE AGENT THAT USES THE SITE, YOU HEREBY AGREE TO RELEASE HT AND ITS AGENTS, EMPLOYEES, PARENT, AFFILIATES, OR SUBSIDIARIES FROM ANY DAMAGES OR CLAIMS OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SUCH HOMEOWNERS OR REAL ESTATE AGENTS.
- ELIGIBILITY. You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher. If you are under age 18, you may not use or access the Site. If we discover or have any reason to suspect that you are not at least 18 years of age, we reserve the right to suspend or terminate your access to the Site immediately and without notice.
- MEMBERSHIP / SUBSCRIPTION ACCOUNT REGISTRATION. In order to access certain features on the Site, you may register for a membership account (“Membership” or “Subscription”) by selecting a user name and password, solely for use by you. When you register, you must provide HT with current, complete, and accurate information. You must keep your user name and password confidential and not authorize any third party to use it or your Membership unless otherwise authorized by us. You agree that HT may attribute all use of your user name and password to you and that you are responsible for all activities that occur under your user name and password. You must notify us immediately if you suspect any unauthorized use of your Membership or any other breach of security. Failure to maintain updated payment information may result in termination of your Membership.
- MEMBERSHIP / SUBSCRIPTION FEES AND BILLING; PAYMENTS.
- Membership / Subcription Term. The term of your Membership begins on the date you purchase a Membership (“Purchase Date”). If you register as an individual (“Individual”), your Membership will begin on the Purchase Date and continue for 30 days. If you register as a real estate agent (“Agent”), your Membership will begin on the Purchase Date and continue for one year. Individual Memberships and Agent Memberships do not automatically renew at the end of the relevant Membership term.
- Refund Period. When you sign up for a Membership, you agree that HT begins providing you services immediately, including by granting you the right to access and view the Content. You may cancel your Membership and receive a full refund only during the applicable “Refund Period” as defined below:
- Individuals: Individuals who purchase a 30-day Individual Membership may cancel their Membership and receive a full refund of the purchase price paid if they cancel within 24 hours of the Purchase Date (“Individual Membership Refund Period”).
- Agents: Agents who purchase a one-year Agent Membership may cancel their Membership and receive a full refund of the purchase price paid if they cancel within 7 days of the Purchase Date (“Agent Membership Refund Period”).
Following the applicable Refund Period, all Membership purchases are final and fees are earned when received. Membership purchases are not transferrable or redeemable in whole or in part. HT will not issue any partial refunds.
- Membership Fees; Price Changes. Stated Membership prices exclude all taxes and third party charges (e.g., Internet or mobile access fees, credit card fees, etc.), unless stated otherwise or prohibited by applicable law. If you purchase a Membership, you will be responsible for any taxes and for all other charges (e.g., third party charges). All fees will be charged in U.S. Dollars. HT reserves the right to change Membership prices at any time and HT may begin charging for products, Content or services that it currently offers for free.
- Billing Information. You agree to provide accurate contact and billing information when registering for a Membership to the Site. If your billing information is not accurate or if HT cannot process your payment, HT may cancel your Membership and terminate your access to the Site. HT may request an alternate form of payment if your payment cannot be processed.
- Membership Cancellation. You may cancel your Membership any time by contacting HouseTie at firstname.lastname@example.org. If you cancel your Membership, your access to the Site will terminate upon the expiration of your paid Membership term. Membership fees are not refundable after the Refund Period applicable to your Membership.
- AGENT PERSONALIZED PROFILE. Agents who purchase a Membership may create a personalized profile page within the Site on which the Agent may post his or her name, business address, telephone number, email address, profile photo, or company logo (“Agent Profile”). Agents may share their Agent Profile with Individuals by sharing a link to their Agent Profile and/or sending an invitation.
- APPROPRIATE USE OF THE SITE AND CONTENT; MEMBER CONDUCT. The Site and Content is provided for the benefit of Individuals and Agents who purchase Memberships to the Site. HT grants you a limited, revocable, nonexclusive license to view the Site and Content solely for your personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or any other use. All Content is owned by HT and/or its licensors. You agree not to copy any materials on the Site, reverse engineer the Site, or use Content in violation of any law. You acknowledge and agree that you will not work around any technical limitation on the Site or use the Site in any attempt to or in conjunction with any device, program, or service designed to circumvent measures employed to control access to, or rights in, the Site. Any scraping, automated access, or other unauthorized access to and storage of Content is prohibited. You further agree not to interfere with the proper functioning of the Site and not to use the Site in a way that suggests you are a representative of HT. If you are an Individual, certain Content on the Site may be available for download by you. You may download and print one copy of any such Content appearing on the Site only for non-commercial purposes. All copies you download or print must display the following copyright notice: Copyright 2015 VisionShare Media, LLC. Permission to download or print any materials that appear on the Site that are owned or copyrighted by third parties must be obtained from the third party that owns such content.
- USER-GENERATED CONTENT; LICENSE GRANT. “User Content” means any Content you provide to the Site, including, but not limited to photos, contact information, comments, suggestions, and logos, or any information that you provide to us in connection with your Agent Profile. You grant to HT and all members of the public who access your User Content on or through the Site a worldwide, royalty-free, perpetual, fully-paid, sublicensable, transferable, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content you provide to HT or make available through the Site and to publish your name or other information about you in connection with that User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User Content will not violate any law. You must not provide any User Content that infringes others’ copyrights or other intellectual property or privacy rights, and if you do, you are breaching this contract. If HT suspects violations of any of the foregoing, HT may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for all User Content you provide to HT or make available through the Site. HT does not control or endorse and is not responsible or liable for any Content provided by users of the Site. HT does not claim ownership of User Content.
- COMMUNICATIONS SUBMITTED BY YOU. You assign and transfer all of your right, title, and interest in the content of any messages, submissions, emails, postings, ideas, suggestions, or other communications provided by you to HT, whether on the Site or otherwise. HT shall have all intellectual property rights in or relating to such communications and HT may use such communications for any purpose in its sole discretion.
- PROMOTIONAL OFFERS. HT may, from time to time and in its sole discretion, offer promotions, discounts, or other offer codes through the Site (each, a “Promotion”). In addition to these Terms, your participation in any such Promotion may be conditioned upon additional or different terms and conditions and you should be sure to review any additional terms that accompany such Promotions. To the extent the terms or rules of a Promotion conflict with these Terms, the terms accompanying the Promotion will control.
- CUSTOMER SERVICE. Requests may be submitted at http://www.housetie.com/contact/.
- RESERVATION OF RIGHTS; COPYRIGHT AND TRADEMARK NOTICE. HT, its affiliates and its licensors and suppliers own all right, title, and interest (including intellectual property rights) in the Site and Content and reserve all rights not expressly granted to you in these Terms. The Site and Content are protected by copyright and other intellectual property laws and treaty provisions. The HT logos and trademarks referenced in the Site are the trademarks of HT and its affiliates. Any other company names, product names, service names, and logos referenced in the Site may be the trademarks of their respective owners.
- SITE AVAILABILITY. HT does not guarantee availability of the Site and you may access the Site if and when it is available. The Site may occasionally be down for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, HT reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice.
- SITE SUPPORT AND UPDATES. HT has no obligation to and may not provide support in relation to the Site, your Membership, or Content. If HT provides any updates, supplements, or add-on components to the Site after the date you initially use or access the Site, these Terms will apply to the updated Site. If we provide any additional terms along with any update, those terms will apply to the update. We may add new features or remove existing features offered through the Site and we reserve the right, in our sole discretion, to release subsequent versions of the Site and to require you to use the most current version.
- CHANGES TO THESE TERMS. HT reserves the right to change these Terms at any time upon notice. We may give notice by making the updated Terms available on the Site or by any other reasonable means. You can view the most current version of the Terms at any time at http://www.housetie.com/ footer-links/terms-of-service/. The updated Terms are binding on you as of the Effective Date indicated at the top of the updated Terms. If you do not agree to the updated Terms, you must cancel your Membership and stop using the Site. Your continued use of the Site after the posted Effective Date will constitute your acceptance of the updated Terms.
- THIRD PARTY PRODUCTS AND SERVICES. You may need to use or obtain additional products or services in order to use the Site, such as Internet access or a data connection. Such third party products and services may require additional fees. You must obtain all third party products and services separately and pay all associated charges. HT does not endorse or sponsor any third party products or services and we have no control over such products or services. HT is not responsible for any malfunction or error attributable to your use of a third party product or service.
- TERMINATION. You may terminate your Membership, Subscription, or your use of the Site at any time. HT reserves the right to terminate or suspend the Site, Content, or your Membership or Subscription at any time, with or without notice, for any reason, including for your breach of any provision of these Terms. Sections 2, 3, 4, 6, 7, 12, 13, 17-24, and 26 of these Terms will survive termination.
- DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. HT AND ITS SUPPLIERS, AFFILIATES, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, HT, ITS SUPPLIERS, AFFILIATES, AND LICENSORS MAKE NO WARRANTY THAT: (A) THE SITE AND CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE AND CONTENT WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE SITE AND CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE; (D) THE SITE AND CONTENT WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS; OR (E) THAT ANY DEFECTS OR ERRORS IN THE SITE OR CONTENT WILL BE CORRECTED. ALL CONTENT YOU ACCESS THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
- DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, In no event will HT or any OF ITS AFFILIATES, supplierS or licensorS be liable for any consequential; special; incidental; indirect; OR punitive damages; for LOSS OF profits, BUSINESS, GOODwILL, REPUTATION, ANTICIPATED SAVINGS, or USE; LOSS OR CORRUPTION OF DATA, confidential INFORMATION, or other information; business interruption; personal injury; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to THESE TERMS, tHE SITE, OR CONTENT, even if HT or any OF ITS AFFILIATES, supplierS, or licensorS has been advised of the possibility of such damages.
- LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIoNS 17 or 18, HT’S and its AFFILIATES’, suppliers’ and licensors’ maximum, aggregate liability to you, and your exclusive remedy under THESE TERMS for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to THESE TERMS, THE SITE, CONTENT, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT will be to recover the actual damages you incur based upon reasonable reliance on the SITE, up to ONE HUNDRED dollars (U.S. $100). The existence of multiple claims or suits under or related to THESE TERMS, tHE SITE, OR CONTENT will not enlarge or extend the limitation of money damages, WHICH WILL be your sole AND EXCLUSIVE reMedy.
- INDEPENDENT REMEDIES. The exclusion of damages under Section 18 is independent of your exclusive remedy in Section 19 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 18 and 19 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
- NOTICE ON POTENTIAL LIMITS OF SECTIONS 17, 18, AND 19. Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 17, 18, or 19 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this Section 21 may not apply to you.
- INDEMNIFICATION. You agree to defend, indemnify, and hold HT and its directors, officers, employees, agents, partners, suppliers, affiliates, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your use of the Site or Content; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or any applicable law.
- DMCA Copyright Notice and Takedown Procedures. HT respects the intellectual property rights of others. If you believe that any Content, User Content, or other material available on the Site infringes your copyright or the copyright of any third party, please send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent, who can be reached as follows:
LIBERTY BUSINESS CENTER, STE A
203 N WASHINGTON ST
To be effective, notice must include the following, in compliance with Section 512(c) of the DMCA:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted 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;
- 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 specific information sufficient to permit us to locate the material;
- Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site is infringing, you should contact an attorney prior to sending notice. After receiving notice, HT may remove or disable access to infringing material.
- NOTICES. HT may give you all notices (including legal process) that HT is required to give by any lawful method, including by making notice available on the Site or by sending it to any email or mailing address that you provide to HT. You acknowledge that if you do not provide HT with current and accurate contact information, HT may not be able to contact you. You agree to send HT notice by mailing it to the following address: [VisionShare Media LLC, d/b/a HouseTie, 203 N. Washington Street, Suite 200A, Spokane, WA 99201.
- GOVERNING LAW AND DISPUTE RESOLUTION. These Terms shall be governed by and construed in accordance with the laws of the State of Washington without reference to its conflict of laws provisions. You expressly agree that any controversy or claim arising out of or relating to your use of the Site, or this agreement or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The exclusive place of arbitration shall be Spokane, Washington. Washington law shall apply. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
- GENERAL. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely." HT’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on HT if it is in a written document signed by HT. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and HT intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and HT agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. HT may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense your rights (if any). These Terms will be binding upon HT’s successors and assigns. These Terms (including any incorporated terms), and any additional terms provided with any updates, constitutes the entire agreement between you and HT with respect to the Site. Both you and HT warrant to each other that, in entering this agreement, neither HT nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and HT, or HT’s successors and permitted assigns, will have any right to enforce these Terms.
- CONTACT INFORMATION. If you have questions or comments regarding the Site, your Membership, or these Terms, please contact us at: email@example.com.