Last revised: October 2009
Please read this document carefully as it constitutes a legally binding agreement between you and the HouseLogic website. Your use of the Site constitutes your acceptance of these Terms of Service
I. Offer of Terms and Implied Consent to Those Terms
II. Statement of Ownership and Reservation of Rights
III. User’s Right to Access and Use of Information on Site
a. Authorized uses
Visitors under the age of 13 should not register, or provide information, on our Site. We do not collect information from any party we know is a child under the age of 13. If you have knowledge that a child under the age of 13 has submitted information to us, please contact us at firstname.lastname@example.org.
b. All Other Uses Prohibited Except with Consent
You agree that any and all other uses of the Site and Content are prohibited, except with the express written consent of HL.
c. Expressly Prohibited Activities on Site
You agree that you will not:
i) damage, interfere, disable, overburden or impair the Site, including any portion of the Site and security related features of the Site, or interfere with any other party’s use and enjoyment of the Site;
ii) access or attempt to access password protected, secure or non-public areas of the Site or NAR’s computer systems, including any portion that contains personal identifiable information such as, but not limited to, user names, passwords and e-mail addresses;
iii) create links on any other website or webpage to any page within the Site, i.e., webpages other than the home page;
iv) remove, alter, cover or distort any copyright, trademark or other proprietary rights notice on the Site; or
v) sublicense, transfer or otherwise make any Content available to any third party for commercial purposes or financial gain or use the Content in any other fashion or any other location other than as permitted in this section or as expressly authorized on the Site.
You agree to fully cooperate with HL to investigate any suspected or actual activity
d. No Vested Rights in Any of the Services Provided on Site
IV. Conditions for Linking to the Site
HL grants you a non-exclusive, limited license, which is revocable at our discretion, to link to the Site home page from any site you own or control that is not commercially competitive with the Site and does not injure HL, NAR, the Site or users of the Site, as long as the site with the link complies with all applicable federal, state and local laws and does not violate any rights of others or in any way post, disseminate or facilitate any inappropriate, defamatory, profane, indecent, obscene or illegal name, information or other material. The authorization to link to the Site is not an endorsement by HL of such other site and you agree to refrain from the any action or statement which is likely to confuse, mislead or deceive users of the Site. All of HL’s rights and remedies are expressly reserved.
V. Site Registration
a. Registration; Accuracy of information provided
To access or use some of the services on the Site, you will need to become a registered user. To the extent you post, input or otherwise transmit information to the Site, you agree:
i) not to impersonate another user, person or entity;
iii) that you are solely responsible for maintaining the security of your user name and password. If you believe your registration with HL is being misused, you agree to contact us at: email@example.com.
b. Rights of Registered Users
You may use the Site only for your personal, non-commercial use. For example, you may use the Site to search the Content for business and product information for your own use, but you may not resell that information to any other party.
c. Responsibilities of Users to Comply with Rules
You are responsible for the activity that occurs when you or anyone else logs onto the Site using your username and password, whether or not you have authorized the activity. You agree to notify HL immediately at firstname.lastname@example.org if you become aware of any breach of security or unauthorized use of your account. You further agree to comply with all applicable federal, state and local laws with respect to the use of your account on the Site.
d. Ability to Terminate Registered Users
VI. User Content
This provision applies to those portions of the Site, whether existing now or created in the future, where users may provide Content to be reproduced or distributed on the Site. You are solely responsible for the Content you provide to, or make available on, the Site.
You warrant and represent that you own or otherwise control all of the rights to Content you provide, including, without limitation, all the rights necessary for you to transmit such Content, and to authorize the use and dissemination of such Content, to and by HL as more specifically set forth below.
b. HL’s Right to Use Content and User’s Representations and Warranties
By transmitting Content to HL, you grant, and you represent and warrant that you have the right to grant, to HL an irrevocable, perpetual, non-exclusive, royalty-free license and right: to use, reproduce, modify, publish, publicly perform, digitally perform, publicly display and distribute the Content worldwide; to prepare derivative works of, or incorporate into other works, the Content; and to grant and authorize sublicenses of the Content.
c. Limitations on what may be submitted
HL aims to publish all Content submitted by users unless it:
i) contains language that HL, in its sole discretion, considers offensive, harassing, defamatory, libelous or otherwise inappropriate;
ii) promotes illegal activities;
iii) is not relevant to the Content that is being addressed;
iv) is a commercial endorsement or advertisement, including spam; or
v) infringes on the trademarks or copyrights of HL or any third parties.
You agree to indemnify, defend and hold harmless NAR and its officers, directors, employees, parents, third party vendors, partners, successors, agents, distribution partners, affiliates, subsidiaries and related entities from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:
i) your access to or use of the Site, including any use of your User ID and password by you or a third party;
ii) Content provided by you, or through your account, to the Site and your use or distribution of any user Content;
iv) any actual or alleged breach of any representation, warranty or covenant that you made to us; or
v) your acts or omissions, including the infringement or other violation by you, or any third party using your account, User ID or password, of any intellectual property or other right of any person or entity.
e. Warning Regarding the Disclosure of Personally Identifiable Information
i) Registered User’s
You agree that you will not use the Site to collect any information about registered users or other users (including usernames and/or email address) for any purpose. You acknowledge that if you elect to disclose personally identifiable information about yourself to third parties as a part of your use of the Site, you do so at your own risk and that HL shall have no liability or responsibility for any consequences that arise from doing so.
f. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
VII. DMCA Notice
Content on the Site as well as the organization and layout of the Site are owned, copyrighted or licensed by HL, its affiliates or its third party vendors.
If you contend that your Content or any aspect of the Site infringes on your copyright, pursuant to the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code 512, notice of any claimed copyright infringement should include the following information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. Your address, telephone number and email address;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
and the notice should be sent to the HL Copyright Agent:
National Association of Realtors®
430 N. Michigan Ave.
Chicago, Illinois 60611
VIII. Responsibility for Third Party Sites and Links to Those Sites
The Site may contain links to other sites operated by third parties. The links are provided as a convenience to access the information contained in the sites of third parties. HL is not responsible for the Content of any third party site and does not endorse or approve of, and is not a sponsor, partner, promoter or publisher of, those sites or their content. Further, HL expressly disclaims any responsibility or liability for the content of any other site. Your questions or concerns regarding any third party site should be directed to the third party site’s Web Administrator or Webmaster. Note that you may be subject to additional and/or different terms, conditions and policies when you use third party sites.
IX. Third Party Services and Content
The Site may contain Content supplied by other services. The Content made available by those third party services and content providers constitutes the opinions, advice, judgments, statements, services, offers or other information of those third party content and service providers and not necessarily that of HL. HL is not responsible for such information or materials, including errors or omission in such information or materials or the results obtained by using such information or materials and shall not liable for any loss or damage to you as a result of your use or reliance on that information or materials.
YellowBrix is such a third party content provider. Neither YellowBrix nor any third-party licensor of YellowBrix shall have any liability for the accuracy or completeness of the this service of YellowBrix or any component thereof or for delays, unauthenticity, omissions or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including without limitation, any lost profits, indirect, special or consequential damages. Either YellowBrix or third-party licensors have exclusive proprietary rights in the information received via the YellowBrix service. You shall not use or permit anyone to use the information provided through the YellowBrix service for any unlawful or unauthorized purpose. You are not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of YellowBrix. Provision of the information on the service is subject to termination in the event that any agreement between a third-party licensor and a provider of information distributed through the service is terminated in accordance with its terms. YellowBrix, third-party licensors and their subsidiaries, affiliates, information providers and content partners shall have no liability for investment or other decisions based on the information provided hereby.
X. Sweepstakes and Contests
a. Separate Rules and Use of Information Submitted by Entrants
Your dealings with advertisers or other third party vendors found on or through the Site, including your participation in promotions (e.g. sweepstakes and contests) and/or the purchase of goods, are solely between you and the third party, including, but not limited to, any terms, conditions, warranties or representations associated with such activities, e.g. how information submitted by entrants will be used.
You expressly understand and agree that your use of the Site and reliance upon any and all of the services and/or Content on the Site is at your sole risk. The Site and Content is made available by HL on an “As Is” and “As Available” basis without any representations, warranties or guarantees, whether express or implied, with regard to: a) any particular criteria of performance or quality; b) the usability, condition or operation of the Site, including appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness or timeliness of the services or Content on the Site; and c) access or use of the Site on an uninterrupted or error free basis. HL expressly disclaims any and all warranties, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, non-infringement, comparability, security and accuracy.
XII. Limitations on Liability
You agree that HL is not liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, special, consequential and punitive damages (or damages for loss of profits, goodwill or revenue, business interruption or loss of data), arising out of or in any way connected to the use or performance of the Site, any services or Content, including, but not limited to, the disclosure or misuse of any users personal information, regardless of the form of action, whether in contract, tort or otherwise.
Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of HL and its officers, directors, employees, parents, third party vendors, partners, successors, agents, distribution partners, affiliates, subsidiaries and related entities exceed one hundred dollars ($100).
These limitations shall apply to the full extent permitted by law. Only to the extent that a limitation of liability is not permitted by law in your jurisdiction will the foregoing limitations not apply to you.
XIII. Jurisdiction and Choice of Law
You hereby agree that any and all disputes, which may arise, and any litigation, which may arise from such disputes, will be litigated before a court located in the State of Illinois, County of Cook, USA to the exclusion of the courts in any other state, county or country and consent to the jurisdiction and venue of the courts of the State of Illinois, County of Cook, USA.
a. Rights to Make Changes and Notice of Changes and Effective Date
XV. Entire Agreement
If HL fails to insist upon or enforce strict performance by you of any provision of these Terms of Service, or to exercise such right under these Terms of Service, such a failure will not be construed as a waiver or relinquishment to any extent of HL’s right assert or rely upon any such provision or right in that or any other instance