Apartment, Condo & Vacation Home Swap Information
TERMS OF SERVICE
Welcome to the myhomequestusa.com web site (the Site). This terms and conditions page describes the terms upon which the Site may be accessed and used. By visiting the Site, you affirm that you have read and accept all of the following terms and conditions, which may be updated by us from time to time without notice.
1. Grant of Rights. myhomequestusa.com grants you a limited, revocable, non-exclusive right to access and use the Site in accordance with these terms and conditions. By your use of the Site, you grant, and you represent and warrant that you have the right to grant, to myhomequestusa.com, an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display and distribute your Content (as defined in Section 3 below), and to prepare derivative works of your Content (in the form of content snippets) . You further agree that by your use of the site you grant myhomequestusa.com the right to prohibit others from copying, reproducing, downloading, disseminating, publishing, aggregating or transferring any Content unless explicitly stated by the content author.
2. Ownership of Copyrights, Trademarks and Other Intellectual Property. You acknowledge that myhomequestusa.com owns the copyright and all other intellectual property rights to the Site unless explicitly stated by the content author. Any other trademarks contained on the Site are the trademarks of their respective owners.
3. Content. You acknowledge that myhomequestusa.com does not create the material that appears on the Site and instead serves solely as a 'Real Estate Resource Site' providing access to Real Estate Professionals to post material that they desire. As a result, you agree that the person who originates any postings, messages or other content contained on the Site in any form (Content) is solely responsible for such Content. If you are a content provider you agree to be responsible for all Content that you make available on the Site. You acknowledge that myhomequestusa.com does not control and is not responsible for Content made available on the Site by you or third parties, and myhomequestusa.com will not be liable in any way for any Content, and you hereby release myhomequestusa.com, and its affiliates, including parent and subsidiary entities, and the owners, stockholders, directors, officers, employees, and agents of each of them, from any loss or damage of any kind incurred as a result of, or in connection with, any Content. myhomequestusa.com shall have the right, but not the obligation, to refuse or to delete any Content in its sole and absolute discretion at any time.
4. Unacceptable Content. Without limitation, you agree that you will not post any Content (a) that is not appropriate; (b) that is harmful, threatening, harassing, defamatory, libelous, hateful, discriminatory, invasive to another's privacy, or that impersonates a person, contains a personal attack or is otherwise unlawful; (c) that is sexually explicit in nature, obscene or pornographic; (d) that is false or misleading; (e) that could constitute a criminal offense, give rise to civil liability or violate any federal, state or local law or regulation, or encourage the use of a controlled substance; (f) that infringes the rights of another party; (g) that contains profanities or expletives; (h) that is encrypted, or contains any viruses, Trojan horses or other computer programming routines or elements that are intended to cause damage or interference to the Site, or with another's system or data; (i) that discloses any personally identifying information about any person who has not explicitly consented to such disclosure, (j) that constitutes or includes any junk mail, spam or similar mass marketing commercial advertisements or announcements or (k) that is deemed unacceptable by myhomequestusa.com, in its sole and absolute discretion.
5. Unacceptable Use. Without limitation, you agree that you will not (a) collect personal data about other users for commercial or unlawful purposes; (b) use any automated device, spider, software routine or element to obtain information from the Site, whether or not such activities interfere with the proper working of the Site; (c) use the Site to promote, engage or assist another in engaging in, acts that are fraudulent, abusive, deceptive, misleading or illegal; (d) attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising any part of the Site; (e) attempt to obtain unauthorized access to the Site; or(f) copy, reproduce, download, disseminate, publish, aggregate or transfer any Content other than your own Content. A limited exception to the restriction on the obtaining of information from the sites is granted to allow general purpose Internet search engines to obtain information from the Site solely in order to provide hyperlinks to the Site in response to searches by users of such search engines; provided, this limited exception does not apply to any website or search engine which has as a primary purpose the aggregation of Real Estate information of any type, and such websites and search engines are explicitly prohibited from gathering, aggregating and/or making available to their users information contained on the Site.
6. Site Parameters. You acknowledge and agree that myhomequestusa.com has the sole and exclusive right to determine what Content may appear on the Site, the size of any files (including photos) that may be posted on the Site, how long such Content will be listed, the parameters for the removal of any posting as a result of objections noted by other users of the Site and any and all other aspect of the operation of the Site, including (without limitation, the right to limit, modify, suspend or terminate the service provided by the Site. No notice shall be required from myhomequestusa.com to any user of the site or to any other person before any such limitation, modification, suspension or termination and myhomequestusa.com shall have no liability to any person as a result of taking any such action.
7. Termination of Access. myhomequestusa.com has the right to limit or terminate your access to the Site for any reason if we believe you have violated any of these terms and conditions. You agree that myhomequestusa.com will have no liability with regard to any such limitation or termination.
8. Limitations. myhomequestusa.com does not guarantee the accuracy, completeness, effectiveness, timeliness, or correct sequencing of any information on the Site. In addition, we have no duty to update the information contained on the Site, and we are not liable to you for outdated or incorrect information contained herein. Moreover, we reserve the right at any time to modify, suspend or discontinue the Site (or any part thereof) with or without notice, and we are not liable to you or any third party for any modification, suspension or interruption in services. THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, AND NO GUARANTEES OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, OR SYSTEM INTEGRATION, ARE MADE WITH RESPECT TO THE SITE, INCLUDING THE INFORMATION CONTAINED ON THE SITE. myhomequestusa.com MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. IN NO EVENT SHALL myhomequestusa.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, ARISING OUT OF YOUR USE OF THE SITE, EVEN IF myhomequestusa.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT ANY DATA OR MATERIAL OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
9. Links to Other Web Sites. Real Estate Informatiom and Resources on the Site may contain links to other web sites; we do not endorse, approve, certify or control any of those web sites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, effectiveness, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness
10. Governing Law. Any dispute with respect to the Site shall be governed by the laws of the State of Florida, excluding its conflicts of laws rules. All visitors to the Site submit to the exclusive jurisdiction of the state and/or federal courts of the State of Florida and agree that any and all disputes relating to the Site, to the content posted thereon or otherwise involving myhomequestusa.com or its affiliates, including parent and subsidiary entities, and the owners, stockholders, directors, officers, employees, and agents of each of them, shall be prosecuted solely in such jurisdiction.
11. Indemnity. You agree to indemnify and hold myhomequestusa.com, and its affiliates, including parent and subsidiary entities, and the owners, stockholders, directors, officers, employees, and agents of each of them, of and from all manner of action or actions, cause or causes of action, at law or in equity, suits, claims, demands, liability, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter referred to as Claims) which arise from, or are related to, your Content, your use of the Site, or your violation of these terms and conditions.
12. Notice of Claims of Infringement. If you believe that any content which appears on myhomequestusa.com constitutes an illegal infringement of your intellectual property rights (including, without limitation, copyright infringement), it is your responsibility to notify myhomequestusa.com of this fact by e-mail at webmaster@myhomequestusa.com. Your e-mail should identify the material on myhomequestusa.com which you believe is infringing on your rights (including the URL where such content is located) and should also include (a) contact information for you, (b) the identity of your property which you believe has been infringed and (c) a statement by you that you have not provided consent to the user of the material and that the user does not have any other legal right to use the material. Your e-mail must also include a statement declaring under penalties of perjury that you are the owner of the intellectual property to which your complaint relates (or otherwise have the consent of the owner to act on that owner's behalf) and that all information contained in your e-mail is accurate and complete, together with your digital signature. myhomequestusa.com will remove from the site any material found to be infringing in accordance with the provisions of the Digital Millennium Copyright Act
13. No Effect on Agreements. Nothing on the Site shall be construed to add or modify terms to any existing or future agreements with myhomequestusa.com.
14. Privacy/Security. Your use of the site constitutes your agreement to the myhomequestusa.com Privacy Policy which can be accessed by clicking on the appropriate link.
15. Notices. In our discretion, we may provide notices of changes to these terms and conditions or other matters by displaying notices or links to notices generally on the Site. Such notices, however, are not required in order for us to change the Terms and Conditions applicable to the Site.
16. Severability/Waiver. You acknowledge and agree that if any provision of these terms and conditions is invalid or unenforceable to any extent, the remainder of these terms and conditions shall not be affected and shall be enforced to the greatest extent permitted by applicable law. You also acknowledge and agree that any failure by myhomequestusa.com to enforce any of its right shall not constitute a waiver of such right and any waiver of any violation of these Terms and Conditions shall not constitute a waiver of any future violation.
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