Effective May 1, 2020
The information and content on this Site is provided to User without any express or implied warranty of any kind, including warranties of accuracy, completeness, or fitness for any particular purpose. Use of this Site will be at your own risk. This Site is provided to you on an “AS-IS” and “WHERE-IS,” basis without warranty of any kind either express or implied. Neither this Site nor its employees, agents, third-party information providers, merchants, licensors, advertisers, or the like warrant that this Site or the information contained therein will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding this Site on behalf of us. We reserve the right to change or discontinue at any time any aspect or feature of this Site.
MATERIAL CONNECTION DISCLOSURE:
The term “Affiliate” means any business entity owned or controlled by an owner or employee of us or a business entity we have a business or contractual relationship with, including, but not limited to, our agents, officers, owners, partners, associates and parent or subsidiary companies. We may have an Affiliate relationship and/or other material connection with providers of goods and services featured on the Site, and we or owners of us may be compensated separately when you purchase goods or services from an Affiliate.
Visiting this Site or sending e-mail or direct messages to us, whether through this Site or outside of this Site, constitutes electronic communications. User consents to receive electronic communications from us and also agrees that all agreements, notices, disclosures and other communications that we provide to User electronically, whether via e-mail or through this Site, will satisfy any legal requirement that such communications be in writing.
We do not knowingly collect, either through the Site or outside of the Site, personal information from persons under the age of 18. If you are under 18, you may use this Site only with permission of a parent or guardian.
LINKS AND USAGE OF THIRD-PARTY SERVICE PROVIDERS:
This Site may contain links to other websites (each a “Linked Site” and collectively “Linked Sites”). Linked Sites are not under the control of us and we are not responsible for the contents of any Linked Site, including without limitation to, any web-link, hyperlink, or other link contained in a Linked Site, or any changes or updates to a Linked Site. This Site is providing Linked Sites to User only as a convenience, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site or any association with the Linked Site operators.
Certain products or services made available via this Site may be delivered by third-party websites and organizations. By using any product, service or functionality originating from this Site, User hereby acknowledges and consents that we may share such information and data with any third-party with whom we have a contractual or business relationship to provide the requested product, service or functionality on behalf of User or any other users and customers of us or this Site.
This Site or our employees may direct or refer you to use third-party service providers, including, but not limited to, attorneys, law firms, title agents, title companies, surveyors, inspectors, estoppel providers, mortgage lenders or loan originators, mortgage payoff or release providers, lien search companies, title protection providers, and other real estate service companies or providers (each the “Third-Party Provider” and collectively the “Third-Party Providers”). One of the Third-Party Providers we may direct or refer you to are attorneys, law firms, or title agents or companies that provide real estate closing services (the “Closing Services”). Your usage or engagement of any of the Third-Party Providers, including any provider of the Closing Services, is based solely upon your review and approval of each Third-Party Provider and not based upon any representation or warranty from this Site or us. You need to review the credentials of all of the Third-Party Providers referred by us prior to engaging the Third-Party Provider to perform services or provide products on your behalf. If any issues or disputes arise between you and the Third-Party Provider, we would like to know about it, but ultimately, the issue or dispute must be handled directly between you and the Third-Party Provider. By using or engaging the Third-Party Provider, you hereby acknowledge and agree to hold us harmless and indemnify us for any claims, demands, liabilities, costs, expenses, or lawsuits that may be made against you or us by any Third-Party Providers, which indemnity shall include all legal fees and costs at both trial and appellate proceedings.
ENGAGEMENT OF OUR SERVICES:
User acknowledges and agrees that the use and engagement of the Closing Services will include the engagement of our real estate services, which may include, but not limited to, the following services associated with a real estate closing: data and information processing, utility lien search, open permit search, active code enforcement search, surveyor engagement, inspection company engagement, association estoppel letter, purchase and sale contract preparation or processing, association approval, mortgage loan payoff, remote or mobile notary, document preparation or recording, and mortgage or lien pay-off tracking (collectively “Our Services”). This Site, our employees, or the Third-Party Provider will use its best efforts to summarize those portions of Our Services that will be performed on your behalf, and the cost thereof, as part of the Closing Services. The cost for Our Services must be paid prior to commencement of Our Services, unless we defer payment of Our Services to a later date. You acknowledge and agree that Our Services are being provided with the following disclaimer: Our Services rely solely upon information provided to us from User and third-party providers, and as such, we make no warranty or representation with respect to the information provided to us by User or any third-party provider. Our Services will include any actual costs or expenses that we incur with third-parties in the performance of Our Services and the charges for Our Services are subject to change at any time.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT:
(b) DMCA Take-Down Notices. If User is a copyright owner or an agent thereof and believes, in good faith, that any materials provided on this Site infringes upon your copyrights, User may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending via e-mail the following information in writing to the our designated copyright agent at email@example.com:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description 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;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or 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.
(c) Counter-Notices. If User believes that User’s content that has been removed from this Site is not infringing, or that User has the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content of User, then User may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a mis-identification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in [insert state of residence or incorporation] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provide or User, the removed content may (in our sole discretion) be reinstated on this Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By providing a User content through this Site, User expressly grants, and represents and warrants, that User has a right to grant, to us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User content and your name, voice, and/or likeness as contained in your User content, if applicable, in whole or in part, and in any form, medium, or technology, whether now known or hereafter developed, for use in connection with this Site.
LICENSING OF USER GENERATED CONTENT:
(a) Content. We will send User a message requesting the right to use the piece of User content referenced in our message that User created or made available, which may include, without limitation, a photograph, text, handle or account name, information, comments, responses, images, graphics, video or any combination thereof (collectively “User Content”). By replying to our message, with a yes or with another positive response as indicated by us in our message, User hereby grants to us, our affiliates, successors and assigns and any customer, vendor, service provider, licensor or licensee of us or other person, in each case as authorized or permitted by us (collectively “Business Partners” and together with us, our affiliates and any of their licensees, collectively the “Licensees”) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sub-license through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, including without limitation, any purpose relating to the marketing, advertising and promotion of this Site and our brand and our media content and services, including those of our Affiliates. The uses of the User Content may include, but are not limited to, posting User Content on this Site, any website or social media site, transmitting User Content to consumers via e-mail, reproducing or displaying User Content on computers, laptops, tablets, or other mobile devices, or reproducing User Content in print. To the maximum extent permitted by law, User waives and agrees not to assert any and all copyright rights, moral rights or rights of attribution and integrity in User Content, if any, against the Licensees. Any of the Licensees may modify or adapt User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt it to any requirements or limitations of any networks, devices, services or media.
User will retain all ownership of User Content (subject to the license granted in these Terms). All Licensees shall have the right, but not the obligation, to use your username, and, if provided in connection with User Content, real name, image, likeness, caption, location information or other identifying information, in connection with any permitted use of User Content.
By approving the use of User Content as provided herein, User waives (i) any right to review, inspect or approve the use of the User Content in any format or medium, whether that use is known to User or not; and (ii) any right to royalties or other compensation arising from or related to the use of the User Content.
(b) Your Obligations. User agrees to abide by common standards of decency and act in accordance with the law. User may not upload, post or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on User. Further, User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that User provides.
User represents and warrants that: (i) User is at least 18 years old or the age of majority by applicable law, whichever is older, in your state and/or country of residence; (ii) User has full right and authority to enter into these Terms; (iii) neither User Content, nor the use of the User Content as permitted in these Terms, will infringe upon, misappropriate or violate any laws or the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity; (iv) neither User nor any person appearing in the User Content is an employee, consultant, brand ambassador, or is otherwise materially related to us; (v) we have not compensated User for the User Content; and (vi) User owns or has obtained all necessary rights and permissions to grant the rights granted herein, including without limitation, all rights or permissions from the creators of the User Content or with respect to any individual(s) appearing in the User Content (or such individual(s) parent or legal guardian, if any such individual is under 18 years of age or the age of majority by applicable law, whichever is older, in his or her state and/or country of residence), and no payment of any kind is due to any third party for the use of the User Content as set forth herein.
USER OF COMMUNICATION SERVICES:
This Site may contain bulletin board services, message or chat areas, news groups, forums, communities, blogs, reports, podcasts, audio or video files, personal web pages, calendars, and/or other message or communication facilities designed to enable User to communicate with the public at large or with a group (collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages, material, information that is proper, lawful, and related to the particular Communication Services.
By way of example, and not as a limitation, User agree that when using Communication Services, User will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless User owns or controls the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless the Communication Services specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of Communication Services that User knows, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials in our sole discretion. Further, we reserve the right to terminate User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any of the Communication Service. We does not control or endorse the content, messages or information found in any of the Communication Services and, therefore, we specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any of the Communication Services. Managers and hosts are not authorized spokespersons for us, and their views do not necessarily reflect our view.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for adhering to such limitations if User uploads the materials.
PROVIDING INFORMATION THROUGH THE SITE:
CHANGES TO TERMS:
We reserve the right, in its sole discretion, to change these Terms at any time and without prior notice. The most current version of these Terms will supersede all previous versions. We encourage User to periodically review these Terms to stay informed of updates and revisions to these Terms.