HOMEADNET Inc. (collectively referred to as the "Company" in these Terms of Service) provides the services made available at homeadnet.com (collectively referred to as the "Site" in these Terms of Service) By using and accessing this Site, you ("you", "user" or, "end user") agree to these Terms of Service (collectively, the "Terms of Service" or "Agreement").
You acknowledge and agree that all content, technology and information on the Site is protected by proprietary rights and laws.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivative work from, sell or re-sell any content or information obtained from or through the Site that was not created or owned by you.
You agree and acknowledge that the Company is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that the Company is entitled to provide services to you through subsidiaries or affiliated entities.
You acknowledge and agree that the Company may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. The Company authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
When you submit content to the Site you simultaneously grant the Company an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to the Company.
You agree and acknowledge that the Company has been granted consent to communicate with you via CEM (Commercial Electronic Messages) within full compliance of Anti-Spam legislation in Canada and your jurisdiction. You acknowledge that the Company has provided you with the ability to unsubscribe to it's newsletter and provided a simple way to turn specific email notifications on or off through your personal account preferences accessible here: EMAIL NOTIFICATIONS. You shall indemnify, defend and hold harmless the Company and its officers, directors, agents and employees from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the delivery of third party messages, notifications, comments and any other form of CEM that you receive through the messaging services provide by the Company.
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
You understand and agree that your use of the Site is entirely at your own risk and that our services are provided "As Is" and "As Available". The Company does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the the Site, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand and agree that the Company and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not the Company has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of the Company is limited to the greatest extent permitted by law.
The Company distributes OPTIONAL property listing data that is provided in-whole or in-part by a third party Multiple Listing Services (MLS). Participating members are subject to the terms and conditions published by each individual MLS supplier. You must be an active member of the MLS in order to feed MLS Data to your individual account. The Company will not approve an MLS data feed without the required permission from your local real estate board. You are also solely responsible for any fees charged by your MLS data supplier. The Company and/or the MLS data feed supplier will provide you with all of the necessary information, contracts and fees required to connect to the MLS data feed services. The Company is not responsible for the accuracy, functionality, usability, completeness, availability or merchantability of the MLS data feed services provided by ANY third party MLS data suppliers. Your use of the MLS data feed services is strictly at your own risk and there are no guarantees or implied warranties provided by The Company.
The Company may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that the Company is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
Through your account the Company provides lead capture services based on your chosen subscription. Managing your leads is your responsibility. We assume no responsibility or liability for any loss or damages your leads system may cause to you or other people, companies or organisations. The Company does not charge a finder's fee or claim any rights or ownership to any leads generated through your account whether through a free or paid subscription. However, the Company does integrate various services from third party vendors that may include lead capture systems. In the event of any conflict or inconsistency among or between this agreement and any third party lead capture service agreement you have directly signed and/or agreed to, the terms and conditions of your third party lead capture service agreement shall prevail.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by the Company to resolve any legal matter arising from this agreement or related to your use of the Site. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and the Company and that your use of this Site shall indicate your conclusive acceptance of this agreement. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
The Company reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of the Site after any changes to Terms will signify your agreement to be bound by them.
Document Date: February 1, 2017