1.       Acceptance of Terms for Use of Website

2.       Your Obligations and Conduct

3.       Privacy

4.       Confidentiality of HomeSell Information

5.       Third Party Content and Monitoring

6.       License to User Content

7.       Disclaimer of Warranties

8.       Limitation of Liability

9.       Indemnity

10.     Copyrights; Intellectual Property Rights

11.     Trademarks

12.     External Links

13.     Termination

14.     Limitation of Actions

15.     Relationship of Parties

16.     Binding Arbitration

17.     Merger

18.     Non-Waiver and Separability

19.     Successors and Assigns

20.     Termination; Survival

21.     Violation of Terms and Conditions

22.     Miscellaneous Terms

23.     Refund Policy
24.     Product and Service Offers

25.     Responsibilities of HomeSell Connect Service Providers

 

 

1.1     HomeSell Assist, LLC (HomeSell) provides this Website to you, subject to certain terms and conditions ("Terms") set forth hereafter.  By using this Website, you unconditionally agree to be bound by and to comply with the these Terms, including any and all modifications and amendments thereto.  If you do not agree to all of these Terms, as may be amended and modified, from time to time, then DO NOT USE this Website.  Each access you make to this Website shall be governed by the Terms then in effect.  HomeSell may modify or amend the Terms at any time without prior notice to you.  HomeSell is the only one who can amend or modify these Terms, which will be posted on the home page.  No user may amend or modify any Terms.  No user's signature is required to be binding.  If you object to any of the Terms, or modification or amendment thereof, your sole recourse shall be to cease using the Services provided by this Website.  Your continued use of the Website following any such modification shall constitute your unconditional consent and acceptance.  Further, you also agree to fully comply with these Terms and any other guidelines or rules applicable to HomeSell's Website.  All such guidelines and rules are hereby incorporated by reference.  You acknowledge that you are of legal age and have the legal capacity to enter into this contractual arrangement.

 

1.2     You further acknowledge and agree that HomeSell may terminate your access to any of its Services should you fail to follow the Terms or any other published guidelines and rules.  Termination shall be in HomeSell's sole discretion and may occur without prior notice to you.

 

 

1.4     As used on this Website, the terms "you" refers to all users of the Website.  "Sellers" refers to users who list their real property for sale by owner on the Website.

 

2.1     In consideration of your use of this Website, Sellers agree to provide accurate, correct and complete information ("Information") about their properties and themselves, as may be prompted by a registration form on the Website.  Sellers will be assigned a password and identification number.   You further agree to be solely responsible for the security of your password and identification number.  You fully accept all risks of unauthorized access to the Information using your password and/or identification number.  HomeSell shall not be liable for any unauthorized use of your password and/or loss of your password, or for your failure to maintain adequate safeguards to preserve the identity of your password and/or identification number.

 

2.2     You are entirely responsible for the content of all Information that you post, upload or otherwise transmit via the Website.  You agree not to upload, post or otherwise transmit via the Website Information that:  (a)  is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to HomeSell or other users of the Website;  (b)  contains any unauthorized disclosure of personal information;  (c) violates or infringes anyone's intellectual property rights; or  (d)  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  (e) or is misleading or fraudulent.  HomeSell reserves the right to remove Information that violates these Terms or that contains third-party commercial advertisements.

 

2.3     You further agree that you will not use the Website to:  (a)  transmit spam, bulk or unsolicited communications;  (b)  pretend to be HomeSell or someone else, or spoof HomeSell's or someone else's identity;  (c)  forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Information transmitted through the Services;  (d)  misrepresent your affiliation with a person or entity;  (e)  disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website;  (f)  engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or  (g) collect or store personal data about other users unless specifically authorized by such users.

 

2.4     You agree that the Services provided in this Website are for your personal use.  You are not to reproduce, copy, sell, resell or use for commercial purposes any of the Services or access thereto.

 

 

3.1     At HomeSell Assist, user privacy is extremely important.  HomeSell is committed to protecting your privacy and security.  HomeSell will not disclose your personal information to any third party without your consent, except in limited circumstances.

 

3.2     You will be asked to provide certain personal Information to HomeSell.  You agree that HomeSell may access, preserve, and disclose your account information if required by law or if HomeSell believes that such access, preservation or disclosure is reasonably necessary to comply with legal process; enforce these Terms; respond to claims that any Information violates the rights of third-parties; respond to your requests for Services; or protect the rights, property or personal safety of HomeSell, its users and the public.

 

3.3     HomeSell's privacy policy does not extend to any information that is inherent in the operation of the Internet, and, therefore, beyond the control on  HomeSell's network and is not to be applied in any manner contrary to applicable law or governmental regulation.

 

 

4.1     In accessing the Website, you may obtain direct or indirect access to certain confidential information of HomeSell and its suppliers, including without limitation technical; contractual; product; program; pricing; marketing and other valuable information that should be reasonably understood as confidential ("Confidential Information").  You must hold Confidential Information in strict confidence.  Confidential Information may not be used by anyone accessing this website to solicit business or to make any kind of offers.Title to Confidential Information remains with HomeSell and its suppliers.

 

4.2     Upon termination of these Terms or upon HomeSell's written request, you must cease use of Confidential Information and return or destroy it.

 

4.3     There is no legal obligation imposed upon you with respect to Confidential Information which you can establish by legally sufficient evidence:  (a)  you possessed prior to your receipt from HomeSell, without an obligation to maintain its confidentiality;  (b)  is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms;  (c)  you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential;  (d)  you independently developed without the use of Confidential Information and without the participation of individuals who had had access to it; or  (e)  in response to a valid order by a court or other governmental body, as otherwise required by law, or a necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Home Sell adequate to afford HomeSell the opportunity to object to the disclosure.

 

 

5.1     HomeSell provides the mechanism or Website, whereby Information is supplied by Sellers, third parties and users of the Services.  All statements, opinions, or other Information made available or published by Sellers, third parties or other users are those of the respective author of that  Information and not HomeSell.  HomeSell is not responsible for the content, accuracy or reliability of any Information, statement, or listing made on the Website by such parties.  HOMESELL DOES NOT PRE-SCREEN INFORMATION.  HOMESELL IS NOT A LICENSED REAL ESTATE BROKER OR AGENT.  HOMESELL CANNOT AND DOES NOT ACT AS AN AGENT OR BROKER OF SELLERS AND BUYERS OF REAL ESTATE.  HOMESELL CANNOT AND DOES NOT ASSIST IN ANY NEGOTIATIONS BETWEEN BUYERS AND SELLERS.  HOMESELL RECEIVES NO FEE OR COMMISSIONS UPON THE SALE OF ANY REAL ESTATE.  HOMESELL DOES NOT RENDER ANY ADVICE, OPINION, LEGAL OR OTHERWISE, CONCERNING THE LISTED REAL PROPERTY.  PARTIES ARE URGED TO CONFER WITH A LICENSED REAL ESTATE AGENT OR BROKER OR REAL ESTATE ATTORNEY OF THEIR CHOICE.

 

5.2     HomeSell reserves the right to remove information from the Website which is offensive or which is not in accordance with these Terms.

 

 

6.1     With respect to any Information submitted, you represent and warrant that you are the legal owner of the Information and have the right to disseminate it.

 

6.2     With respect to any Information posted by or in connection with the Services, you grant HomeSell a world-wide royalty-free, perpetual, license to use, copy, publicly display such Information, subject to HomeSell's Privacy Policy.

 

 

 

9.1     By using the HomeSell Website, you agree to indemnify and hold HomeSell and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees, members and representatives harmless from any and all claims or demands, debts, obligations, damages (punitive, consequential, direct, or indirect), including reasonable attorneys' fees, court costs, and costs of investigation and defense made by any third party due to or arising out of your Information, your use of or in connection with the Website, your violation of the Terms, or your violation of any rights of another.  This provision shall survive any Termination of this contractual arrangement or expiration or lapse of time.

 

 

10.1    The Services, including but not limited to software, text, graphics, design and layout presented by HomeSell is copyrighted by HomeSell and/or its licensors and is subject to other intellectual property and proprietary rights and laws.

 

10.2  Except as expressly authorized by HomeSell or by Information providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, redistribute, mirror, frame, republish, download, transmit, or create derivative works of the Information of others, in whole or in part, by any means.  You must not modify, decompile, or reverse engineer any software HomeSell discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

 

10.3    HomeSell is committed to respecting others' intellectual property rights, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact us immediately. 

 

10.4    Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.  Permission is granted to display, copy, distribute, download Information owned by HomeSell on this Website provided that:  (a)  the copyright notice pertaining to the Information remains, and a permission notice (e.g. "Used with permission") is added to such Information;  (b)  the use of such Information is solely for personal and non-commercial use;  (c)  such Information will not be copied or posed on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and  (d)  no modifications are made to such Information.  This permission terminates automatically without notice if you breach any of the terms or conditions in this Section 10.4.  Upon termination, you must immediately destroy any downloaded and/or printed Information.

 

 

11.1    Certain of the names, logos, and other materials displayed on HomeSell's Website and in and through the Services constitute trademarks, trade names, service  marks or logos ("Marks") of HomeSell or other entities.  You are not authorized to use any such Marks.  Ownership of all such Marks and the goodwill associated therewith remains with HomeSell or those other entities.

 

12.       External Links

 

12.1    Any link provided by HomeSell to any other website or location is for your convenience and does not signify HomeSell's endorsement of such other website or location or its contents.  Any concerns you may have regarding any external link should be directed to that link's Website administrator or webmaster.  HOMESELL SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.

 

 

13.1    You agree that HomeSell, in its sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any Information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if HomeSell believes that you have violated or acted inconsistently with the letter or spirit of these Terms.   You acknowledge and agree that HomeSell may immediately deactivate or delete your account and all related Information and files in your account and/or bar any further access to such files or the Services.   FURTHER, YOU AGREE THAT HOMESELL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.  You may discontinue your participation in and access to the Services at any time.

 

 

14.1    You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the HomeSell Website or the Products and Services or purchase or sale of real estate must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

 

15.      Relationship of Parties

 

15.1    You acknowledge and agree that you and HomeSell are independent contractors and nothing contained in these Terms shall be interpreted or construed to create an agency, partnership, joint venture, or employment relationship.  Neither party to these Terms has the authority to legally bind the other and neither party shall be considered the agent of the other party.

 

15.2     HOMESELL IS NOT A LICENSED REAL ESTATE BROKER OR AGENT.  HOMESELL CANNOT AND DOES NOT ACT AS AN AGENT OR BROKER OF SELLERS AND BUYERS OF REAL ESTATE. HOMESELL CANNOT AND DOES NOT ASSIST IN ANY NEGOTIATIONS BETWEEN BUYERS AND SELLERS.  HOMESELL RECEIVES NO FEE OR COMMISSIONS UPON THE SALE OF ANY REAL ESTATE. HOMESELL IS IN THE BUSINESS OF PROVIDING A WEBSITE TO SELLERS OF REAL ESTATE, WHO DESIRE TO LIST THEIR PROPERTY ON THE WEBSITE FOR SALE BY OWNER.  HOMESELL ALSO PROVIDES FOR LIMITED USE OF ITS WEBSITE BY INDIVIDUAL LICENSED REAL ESTATE AGENTS.  HOMESELL CANNOT AND DOES NOT PURPORT TO RENDER ANY ADVICE, LEGAL OR OTHERWISE, ASSISTANCE, OR INFORMATION TO EITHER SELLERS OR BUYERS OF REAL ESTATE.  HOMESELL'S SOLE FUNCTION IS TO PROVIDE A WEBSITE TO OWNERS TO PUBLISH A LIST OF THEIR PROPERTIES FOR SALE BY OWNER.  HOMESELL ALSO PROVIDES FOR LIMITED USE OF ITS WEBSITE BY INDIVIDUAL LICENSED REAL ESTATE AGENTS. PARTIES ARE URGED TO CONFER WITH A LICENSED REAL ESTATE AGENT OR BROKER OR REAL ESTATE ATTORNEY OF THEIR CHOICE.

 

 

16.1    Unless expressly stated to the contrary elsewhere, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Ohio applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cleveland, Ohio, U.S.A. and judgment on the arbitration award may be entered into in any state or federal court in Ohio having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Ohio having jurisdiction thereof.  Except as set forth above, the state and federal courts in Cuyahoga County, Ohio, U.S.A. shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms, users consent to personal jurisdiction and venue in the state and federal courts in Ohio with respect to all such disputes.

 

 

17.1    These Terms constitute the entire contractual arrangement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between HomeSell's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual HomeSell Website or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms.  To the extent that any other terms and conditions or terms of service conflict with these Terms, those other provisions shall control with respect to the use of the particular Website and any Products or Services available on or through the Website or the respective Product or Service at which those other provisions may be found.

 

 

18.1    HomeSell's failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms remain in full force and effect.

 

18.2    Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement, if any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

 

 

19.1    Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

 

 

20.1    These Terms shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by HomeSell.  All provisions of these Terms which impose obligations continuing in their nature shall survive termination of these Terms.

 

 

21.1    Should you violate these Terms or any other rights of HomeSell, HomeSell reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the HomeSell Website.

 

21.2    If you are aware of any violations of these Terms, please report them to HomeSell at once.

 

 

22.1    These Terms constitute the entire contractual arrangement between you and HomeSell relating to their subject matter, and cancel and supersede any prior versions of the Terms.  No modification to the Terms will be binding, unless in writing and made by an authorized HomeSell representative.  You must not assign or otherwise transfer the Terms or any right granted hereunder.  You also may be subject to additional terms, conditions, rules and regulations that may apply when you use HomeSell or third-party products or services.

 

22.2    You agree that any material breach of Sections 4, 10, and 11 of the Terms will result in irreparable harm to HomeSell for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, HomeSell will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.  You expressly waive any requirement for the posting of a bond or other security, if HomeSell seeks such an injunction.

 

22.3  Ohio law and controlling U.S. federal law govern any action related to the Terms and/or your use of the Website.  Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms.  You and HomeSell agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cuyahoga, Ohio, U.S.A.

 

22.4    Services, Information, and products derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries.  You agree to comply strictly with all such laws and, in particular, shall:  (a)  obtain any export, reexport, or import authorizations required by U.S. or your local laws;  (b)  not use Services, Information, or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and  (c)  not provide Services, Information, or direct product from this Website to prohibited countries and entities defined in the U.S. export regulations.

 

22.5    Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

 

 

HomeSell hopes your enjoyment of its Services will be enhanced by the application of these Terms.  Thank you for taking the time to read these Terms and we hope you enjoy our Services.

24. Product and Service Offers

          By signing up for the free FSBO listing, you agree to receive offers from companies that provide products and services to your demographic, specifically home related products and services.

 

         Businesses who receive personal contact, property, or other information from HomeSell Assist regarding customers who may be in need of services relevant to the sale of their homes may in no instance sell or in any way pass along this information to any other business, person, or entity. This information is to be held in the strictest confidence. Furthermore, it is expressly forbidden to use any information obtained from this website without having first obtained permission in writing from HomeSell Assist.

 

 

Last updated December 6, 2006

 

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HomeSell Assist, LLC

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