PLEASE READ THIS AGREEMENT CAREFULLY.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE.
1. GENERAL INFORMATION.
1.1. Changes. The Web Site is provided by I Buy Your House Cash. We reserves the right, at its discretion, to change the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of the Web Site. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of the Web Site.
1.2. Notices of Changes. Any notice or statement of changes/modifications described in Section 1.1 above will be displayed online, and any such display shall constitute effective notice under this Agreement for all purposes. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. Additionally, your continued use of the Web Site after the posting of any notice of a change in the terms and conditions shall constitute your acceptance to be bound by the express terms of any such changes.
2. THE SERVICE AREA.
2.1. The “Service Area” shall mean all areas and aspects of the Service including, without limitation, text, data, photos, graphics and/or video or any information whatsoever obtained through the Web Site. I Buy Your House Cash has entered into contractual relationships with certain vendors, sponsors, and advertisers of products or services (the “Vendors”), pursuant to which I Buy Your House Cash may link to or display Information, advertisements, discounts, products, goods, or services offered by the Vendors. I Buy Your House Cash does not guarantee the availability or accuracy of any such Vendor Information or offers, nor does it endorse, guarantee nor insure any Vendor products or services.
2.2. I Buy Your House Cash shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services. Statements made on the Service Area concerning the products or services of I Buy Your House Cash do not constitute an offer, but are merely solicitations of an offer.
3. LIMITATIONS ON USE AND USER SUBMISSIONS.
3.1. Copyright, Patent and Trademark Notice. All content of the Web Site provided by I Buy Your House Cash, including, but not limited to, all text, photos, graphics, audio, software, presentations in any format and/or video is copyrighted by I Buy Your House Cash, or its affiliates or subsidiaries. Copyright © 2016 I Buy Your House Cash. All rights reserved. No portion of the Information or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium, whether now known or hereafter created. The foregoing prohibition includes, but is not limited to “screen scraping” or “database scraping” to obtain lists of users or other Information. Nor may any portion of the Information or other materials be stored in a computer or distributed over any network, except that you may download or print one copy of pages strictly for personal and non-commercial use; however, any print out of any page of the Web Site or portion thereof, must include I Buy Your House Cash copyright notice.
I Buy Your House Cash, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of I Buy Your House Cash. All other content, product names and company logos are trademarks of their respective owners. Neither these materials, nor any portion thereof, may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any print out of any page of the Web Site or portion thereof, must include I Buy Your House Cash copyright notice.
3.2. Restricted Use of the Site. You agree to use the Service Area and Information for lawful purposes only. You agree not to post or transmit any information through the Service Area which: (a) infringes the rights of others or violates their privacy or publicity rights, (b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (c) is protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary rights, or any other harm resulting from your use of the Service.
3.3. Your Submission of Messages. You hereby grant to I Buy Your House Cash a worldwide, royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use for any purpose (i) all messages, (ii) other materials posted by you on the Service and/or (iii) any e-mail or other submission sent by you to I Buy Your House Cash (in whole or in part) and to incorporate any such messages or other materials or e-mails in any form, into other media or technology whether now known or hereafter developed.
3.4. Posted Materials. You understand and acknowledge that all information, data, files, software, music, sound, photographs, graphics, video, messages or other materials posted by any person or entity other than I Buy Your House Cash (“Third-Party Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Third-Party Content originated. I Buy Your House Cash assumes no liability for any such Third-Party Content. You agree not to use the Service to:
A. upload, post, e-mail or otherwise transmit any Third-Party Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or hateful, or is racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including, but not limited to, an official or representative of I Buy Your House Cash, or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;
E. upload, post, e-mail or otherwise transmit any Third-Party Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
F. upload, post, e-mail or otherwise transmit any Third-Party Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
G. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
H. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or network;
I. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
J. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
K. “stalk” or otherwise harass another; or
L. collect or store personal data about other users. I Buy Your House Cash and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Third-Party Content that is available via the Service. Without limiting the foregoing, I Buy Your House Cash and its designees shall have the right to remove any Third-Party Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Third-Party Content, including any reliance on the accuracy, completeness, or usefulness of such Third-Party Content.
You acknowledge and agree that I Buy Your House Cash may preserve Third-Party Content and may also disclose Third-Party Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Third-Party Content violates the rights of other third-parties; or (d) protect the rights, property, or personal safety of I Buy Your House Cash, its users, or the public. parties; or (d) protect the rights, property, or personal safety of I Buy Your House Cash, its users, or the public.
3.5. Linking. Without the prior written consent of I Buy Your House Cash, you may not use any of I Buy Your House Cash proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link to the Web Site or to any page thereof or engage in the practice of “deep linking” in any manner reasonably likely to: (a) imply affiliation with or endorsement or sponsorship of or by I Buy Your House Cash; (b) cause confusion, mistake, or deception; (c) dilute I Buy Your House Cash trademarks or service marks; (d) otherwise violate state or federal law; or (e) constitute improper disparagement or disclosure concerning I Buy Your House Cash or any of its respective affiliates, or their respective officers, directors, agents, franchises, or Vendors. You may not frame or otherwise incorporate into another web site any of the Information or other materials on this Web Site without the prior written consent of I Buy Your House Cash.
4. ACCESS AND DELAYS IN SERVICES.
I Buy Your House Cash, its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the Web Site. Further, I Buy Your House Cash, its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.
5. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY.
5.1. General Disclaimer and Limited Warranty. I Buy Your House Cash, its licensors and Vendors do not warrant the accuracy or suitability of any Information. Neither I Buy Your House Cash nor its licensors or Vendors represent or endorse the accuracy or reliability of the Information distributed through the Service.
YOU ACKNOWLEDGE THAT THE WEB SITE IS PROVIDED TO YOU ON AN “AS IS WITH ALL FAULTS BASIS.” I BUY YOUR HOUSE CASH AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, I BUY YOUR HOUSE CASH AND ITS LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.
5.2. You assume all risk of errors and/or omissions in the Web Site, including the transmission or translation of data. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Web Site, including the Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.
5.3. Viruses. YOU ACKNOWLEDGE AND AGREE THAT I BUY YOUR HOUSE CASH USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THE WEB SITE OR THE INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD I BUY YOUR HOUSE CASH HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
6.1. Privacy. Records of your use of the Web Site are the sole property of I Buy Your House Cash. I Buy Your House Cash reserves the right to use such information for its marketing, franchising and membership endeavors. Your personally identifying information will not be shared with any third party, with the following exceptions:
A. Information that I Buy Your House Cash in good faith determines is legally required to be revealed by any relevant statute, regulation, ordinance, rule, administrative or court order, decree, or subpoena;
B. Information revealed during the course of I Buy Your House Cash enforcement of the policies and procedures of the Web Site, the terms of this Agreement, or during the course of any disciplinary actions;
C. Information in a manner expressly permitted by the provisions of this Section 6;
D. Information that I Buy Your House Cash in good faith determines must be disclosed to correct what it believes to be false or misleading information or to address activities that I Buy Your House Cash believes to be manipulative, deceptive or otherwise a violation of law; or
E. Unless you are otherwise notified at the time we collect the data.
6.2. Privacy of Minors. Protecting the privacy of children is especially important. I Buy Your House Cash does not knowingly collect information about children under the age of 13 and will delete any such information that it discovers or is made aware of.
6.3. Nonpublic Personal Information. “Nonpublic Personal Information” is the nonpublic information about you that is obtained by I Buy Your House Cash from you. I Buy Your House Cash and its advertisers may collect Nonpublic Personal Information from the online forms you complete, from information collected as a result of your transactions with I Buy Your House Cash, our advertisers or others, and from consumer reporting agencies.
6.4. I Buy Your House Cash will not disclose any Nonpublic Personal Information except as permitted or required by law or as described in this Agreement
6.5. We may disclose all of the Nonpublic Personal Information we collect about you to our affiliates who offer related goods and services, and to nonaffiliated third parties that perform services on our behalf, including marketing services, or other financial institutions with whom we have joint marketing agreements.
6.6. We have procedures in place that limit access to Nonpublic Personal Information to those employees and other individuals who need to know such information to provide products and services to you. We will maintain physical, electronic, and procedural safeguards to protect the confidentiality of your nonpublic personal information as required by law.
7. UNSOLICITED E-MAIL AND DIRECT MARKETING.
7.1. Unsolicited E-mail. I Buy Your House Cash supports responsible e commerce. HomeVestors does not authorize anyone to use the Service to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail (“SPAM”).
7.2. Electronic Direct Marketing Programs. I Buy Your House Cash may develop and participate in electronic direct marketing to users of the Web Site who elect to receive electronic mail of specific interest to them. In keeping with this Agreement, I Buy Your House Cash does not forward the names and addresses (electronic or otherwise) to third parties. Advertisers who participate in I Buy Your House Cash electronic direct marketing programs identify the category of users who would most likely be interested in their goods and services. I Buy Your House Cash then forwards the advertisements to users who have elected to receive that category of electronic mail. Users may elect to not receive similar electronic mail by requesting that their e-mail address be removed from the mailing list by selecting the appropriate option included with each e-mail advertisement sent by I Buy Your House Cash. In addition, users may elect to be removed from such lists at any time by sending a message to the System administrator at info@IBuyYourHouseCash.com.
7.3. Reporting SPAM. Users who receive SPAM or any threatening or offensive e-mail through the Services may report it to I Buy Your House Cash by forwarding the unedited message with the full message header to info@IBuyYourHouseCash.com.
7.4. Reservation of Rights. I Buy Your House Cash reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the Service of SPAM, junk e-mail, threatening or offensive e-mail, or e- mail otherwise determined by I Buy Your House Cash, in its sole discretion, to be objectionable. I Buy Your House Cash reserves the right to suspend or terminate any person or entity’s use of or access to the Service if it determines, in its sole and absolute discretion, that such person has used or intends to use the Service in violation of this policy. A failure of I Buy Your House Cash to exercise any right provided for herein shall not be deemed to be a waiver of such right.