1. You and HomesForSale.net
    • The following Terms and Conditions (“Terms”) apply to your use of the HomesForSale.net (“our” or “us”) services, website, and technology (collectively, our “Services”). HomesForSale.net is a website that provides a tracking mechanism for users to view and get information on real estate listings within the United States.
    • Your continued use of our Services constitutes your continued acceptance of our Terms. You can accept these Terms by:
      • Using our Services in any way, such as browsing our website, searching on our website; interacting on the message boards, or uploading material to our website;
      • Clicking “Accept” or “Agree” to the Terms when this option is made available to you; or
      • By manifesting any other action indicating your acceptance of these Terms.
    • You may not use our Services, or accept these Terms, if you are
      • Below the age of 13;
      • Not of the legal age to form a binding a contract in your jurisdiction with HomesForSale.net;
      • For any other reason unable to enter into a binding contract with HomesForSale.net.
    • We may disable your ability to use our Services, or disable our Services entirely, at any time, for any reason, without your consent or prior knowledge.
  2. Changes to the Terms of Service
    • These Terms were last modified on May 17, 2017.
    • From time to time these Terms may change at our sole discretion. You will always find an updated version of these Terms at https://www.homesforsale.net/terms-and-conditions/.
    • At times, the Services provided to you may change at our sole discretion. Our offering of current Services does not create an express or implied obligation to continue to offer these Services to you in any form.
    • If you do not agree to the modified Terms, you may disable your user account and cease your use of our Services consistent with the terms and polices herein.
  3. Intellectual Property
    • All material on HomesForSale.net, including source code, data, listings, images, and all other content, is owned by HomesForSale.net, unless expressly indicated otherwise. Portions of our content may be licensed or repurposed from other websites, and therefore may be subject to the Terms of Services, Privacy Policies, and other applicable terms from these content providers. If your usage of our website makes you subject to these terms, you are solely responsible for reviewing these associated terms and complying with them. Some websites and data providers may require us to display licensing or marketing information next to the data, which is one indication that we are licensing or using data from third parties, and may make you obligated to comply with the terms of third parties.
    • net may utilize trademarked graphics, service marks, images, logos, or other promotional material in connection with our Services. These marks and images may be subject to legal protection within the United States or other jurisdictions. To the extent permitted by law, reproduction of these marks is prohibited without our express consent.
    • net owns trade secrets and know-how that contribute to the functionality of the Services provided.
    • You may report any intellectual property violations you find to support@homesforsale.net. HomesForSale.net may limit access to, or temporarily or permanently remove material we believe to be in violation of copyright laws or of another’s intellectual property. We will comply with the appropriate provisions of the DMCA to the extent possible in handling alleged copyright violations.
  4. Prohibited Uses
    • The use of automated spiders, crawlers, or scrapers, except in connection for inclusion with publicly available web search engine results online, is prohibited. Downloading, crawling, or programmatically accessing our Services in any way with the intent to reproduce our information on another real estate search website, a content aggregator, or any similar website, is forbidden without our consent.
    • You may not use our Services with the intent of modifying, verifying, or compiling records of any kind in connection with the public assessment of real estate, or the assessment of taxes by any taxation authority, its employees, or agents.
    • You may not use our Services with the intent of harassing us, our users, or any third party; to intend to cause any harm to us, our users, or any third party; or to instigate or participate in a denial of service attack or similar malicious attack directed at us, our users, or any third party.
    • You may not use our Services with the intent to infringe on the intellectual property rights of any other party.
    • You may not use our Services with the intent to violate any provision of law.
  5. User Registration
    • During your use of our Services, we may ask you to provide personally identifiable information to us, such as your e-mail address and name.
    • The accurate submission of your name and e-mail address is required to participate in some aspects of our Services, such as the message boards, saving properties on our Services, or uploading new properties to our Services.
    • We may collect data regarding your use of our Services, such as information regarding page view, login times, IP addresses, activity on our websites, and other related information.
    • We may use some of the data collected to provide Services to you, customize your experience with our Services, improve our Services for future users, resolve issues with our technology, resolve disputes between you and us or other users, or to help prevent fraud or violations of law or of these Terms or other applicable terms. Please see our Privacy Policy for additional information regarding our storage and use of personal information.
    • You agree to not submit knowingly false, fraudulent, or inaccurate information in connection with creating a user account on our website, and that you are creating a user account on your own behalf, or with the express consent of a third party.
    • We may disable your user account for any reason, at any time, in our sole discretion and without your consent or prior knowledge.
  6. Your Password and Security
    • You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access our Services. We will not give your password out to anyone without your express permission or unless required to do so by law.
    • You agree that you will be solely responsible for the activities that occur under your account, even if your account is accessed by another party with your consent.
  7. User Submitted Content
    • At various times, you may submit content to our website, such as property listings, which may contain text, images, hyperlinks, and other information and media.
    • You represent that you own or control all of the rights to all of the material submitted to our website, including but not limited to images, and that this material does not violate our Terms, or the rights of any third party, or any relevant laws.
    • net will public any data submitted to us at our sole discretion, even if this data may be noted as private, confidential, trade secret, or otherwise not intended for public display. You should not submit or share secret material to us with the expectation that this material will remain secret.
    • You grant HomesForSale.net a perpetual, unlimited, irrevocable license to use, reproduce, modify, distribute, or display materials you submit on our website in connection with our Services, or in any other manner at any other time, including for promotional or other commercial purposes not connected with our Services. We may process, use, analyze, or commercialize material you submit in any way, including in ways not yet known, without any compensation, notice, or your consent, at any time, and without the compensation, notice, or consent of any third parties or successors in interest.
    • net may remove or modify material you submit at any time, without your consent or prior notification. For example, HomesForSale.net may remove user submitted property listings every 60 days consistent with the provision of our Services.
    • net is not a repository for your data. We may lose, eliminate access to data you submit, or disable your ability to access this data, at any time, at our sole discretion, without prior notice or your consent. Our display or hosting of data you submit does not create any implied right of any kind.
    • net disclaims all responsibility, and assumes no liability for any material posted by any third party, including you. We may not monitor the material submitted by you or third parties for accuracy or for compliance with these Terms or any other relevant terms or laws. We make no express or implied representations regarding the accuracy of user submitted material.
    • net is not responsible for future misuse or misappropriation of any content posted on our website by third parties, even if this use is not in compliance with these Terms.
    • You may not submit content you know or believe to be spam, pornographic, illegal, malicious, intentionally defamatory, intending to harm our Services, harm another user, or harm any third party.
    • You may submit other content to us, such as but not limited to feedback, ideas, reviews, and comments. These submissions in any form are similarly covered by all terms of this section.
  8. Message Boards
    • net may provide access to and the use of message boards.
    • To the extent legally possibly, we assume no responsibility or liability for material submitted to these message boards.
    • We may not monitor or police these message boards for compliance with these Terms, any other terms, or any other laws.
    • By using our message boards, you agree to:
      • Not post profanity or pornography;
      • Not to engage in abusive conduct;
      • Not engage in illegal or offensive conduct;
      • Not publicly post private information, or the private contact data of an individual or entity, without express prior consent;
      • Not post spam or content intended to be useless.
    • net may edit or remove material submitted to the message boards at our sole discretion, at any time, for any reason, without your prior knowledge or consent.
    • net may restrict or remove your access to the message boards at our sole discretion, at any time, for any reason, without your prior knowledge or consent.
    • All user content posted on the message boards is subject to the “User Submitted Content” terms elsewhere in these Terms.
  9. Third Party Websites
    • net may provide hyperlinks to other websites. The appearance of these links does not constitute our approval or endorsement of these websites. In many cases, we may have no affiliation of any kind with these third parties.
    • To the extent permissible by law, we may not disclose any financial or other connections we may have with these third party websites.
    • net is not responsible for the content of third party websites that may be linked from our website or provided to you via our Services.
    • You navigate to any third party website at your own risk, and may be responsible for compliance with terms, policies, or laws relevant to these third parties.
  10. Termination
    • We may terminate our legal agreement with you at our discretion if:
      • You have breached any provisions of the Terms, or any law, or we believe that you intend to breach or are unable to comply with any provisions of the Terms; or
      • We are required to do so by law; or
      • We cease operation or providing Services.
    • You may terminate your legal agreement with us at any time by:
      • Discontinuing the use of our Services. If you have a user account with us, you must delete your user account, if applicable, or inform us of your desire to delete your user account to constitute your voluntary discontinuation of our Services, or;
      • Manifesting an unequivocal intent to HomesForSale.net that you wish to terminate this legal Agreement, such as via an e-mail to support@homesforsale.net.
    • Our voluntary or your voluntary termination of this Agreement shall not in any way impact the rights you have agreed to as detailed in the General Disclaimer, Release, Indemnity, Default and Remedies, Resolution of Legal Issues, and General Legal Terms sections elsewhere in these Terms. These sections remain in effect, and therefore our protections remain in effect, so long as you or your successors in interest retain the ability to litigate any legal claim you may have against us, or any third party that may in any way implicate or involve us maintains such claims, and so long as you or your successors in interest remain liable for any civil or criminal claim arising out of or in any way implicating us or the use of our Services.
  11. Fair Housing Act
    • The Fair Housing Act, codified at 42 U.S.C. 3601 etc., and other comparable state laws may govern material submitted or appearing on this website. Under the Fair Housing Act and comparable laws, statements suggesting a discriminatory preference in renting dwellings or home sales are prohibited. For example, with extremely narrow exceptions, it is illegal to state a discriminatory preference with regards to race, color, national origin, religion, sex, familial status, handicap, and disability. Please read the Fair Housing Act for further information, and visit the U.S. Department of Housing and Urban Development (http://www.hud.gov/offices/fheo/index.cfm) or the Department of Justice (http://www.usdoj.gov).
    • To the extent legally permissible, HomesForSale.net disclaims all liability for information reproduced from third parties, including your submissions, that may violate the Fair Housing Act or any other relevant law.
  12. General Disclaimer
    • We assume no responsibility for the accuracy of information that appears on our website or that is delivered to users via our Services. All information provided on HomesForSale.net via our Services is provided “as is” with all faults without warranty of any kind, either express or implied. HomesForSale.net hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and noninfringement or arising from a course of dealing, usage or trade practice, as may be applicable, except to the extent such disclaimers are held to be legally invalid. The operation of our Services may cease at any time, for any reason, and HomesForSale.net is not liable for damages caused by interruption of our Services, cessation of our Services, or for any other reason related to the provision of our Services.
  13. Release
    • In the event that you have a dispute with one or more of our users for any reason, you agree to release HomesForSale.net, and its respective officers, directors, agents, employees, subsidiaries, joint ventures, successor entities, and any other similarly situated affiliated individuals or entities, from claims, demands, damages and remedies of all types, arising in any way out of or in any way connected with the dispute. If such a dispute is adjudicated under laws which limit a general release of this nature, or you are able to claim the protection of these laws in any way, you agree to waive your protections under these laws, to such an extent such a waiver is legally possible.
  14. Indemnification
    • You agree to indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures, investors, and employees) harmless from any cost, liability, charge, penalties, claim or demand, including attorneys’ fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under these Terms. This includes violations of any applicable law, such as the Fair Housing Act, for which damages or remedies of any kind may be imposed, or any criminal law.
  15. Resolution of Disputes
    • If a dispute between you and HomesForSale.net should arise, we encourage you to contact us directly. We strive to be as user friendly as possible.
    • Any claim or controversy arising out of or relating to the use of Services or our website, or to any acts or omissions for which you may contend we are liable, including but not limited to any claim or controversy as to arbitrability (the “Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Delaware. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by HomesForSale.net. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Delaware. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
  16. General Legal Terms
    • The Terms of Use and your relationship under these Terms shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and HomeForSale.net agree that all legal disputes you may bring arising under these Terms shall be submitted to the applicable court of the state courts located within Delaware. Notwithstanding this or other provisions in the Terms of Use, you agree that HomesForSale.net shall be allowed to initiate suit, alternative dispute resolution proceedings, apply for damages or injunctive remedies or their equivalents, or bring forth any other matter requiring legal or quasi-legal resolution against you arising out of any dispute in any jurisdiction at our discretion.
    • If any provisions of these Terms is found by a court of competent jurisdiction or an arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intent of the relevant provision.
    • You agree that these Terms constitute the entire, complete, and exclusive agreement between you and HomesForSale.net. This agreement supersedes all prior agreements and understandings, written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of these Terms.
    • To the extent permissible by law, in no circumstance shall you seek or be entitled to injunctive or other equitable relief, or to enjoin or restrain the operation of our Services.
    • You may not assign your rights or obligations under this Agreement to any other party without our consent. We may assign or delegate your rights or obligations under this Agreement, fully or partially, at any time without notice to you.
    • net is controlled and operated within the United States. We make no representation, warranties, or other promises that our Service may be accessible in any other country, or that our Services do not violate the laws of any other jurisdiction. Your use of our Services in another jurisdiction may subject you to legal obligations or penalties. HomesForSale.net is not responsible for the potential obligations or liability you may assume by accessing our website or using our Services in another jurisdiction.