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Licenses/Certifications. For as long as you remain compliant with all Terms as
set forth herein,
USAHomeBids grants you a limited, non-exclusive, non-transferrable, revocable license
and/or
certification (dependent upon your use) to access and use our Sites on any personal
device that
you own or control. This license also permits you to access and use any content,
information, or
related materials that are made available as a part of our Services. Any rights not
expressly
granted herein are reserved by USAHomeBids and/or Broker. This license does not permit
you to rent,
lease, lend, sell, redistribute, or sublicense our Sites and Services without written
consent from
USAHomeBids.
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Users. In order to use our Sites and Services, you must have reached the age of
majority and be
a resident of the United States or a resident in the country in which USAHomeBids is
operating. USAHomeBids
will provide a list of countries where USAHomeBids is operating upon request by
contacting
info@USAHomeBids.com and calling 800-529-9773 and mailing 3827 S Carson St Unit 505-25
PMB 1112 Carson City, NV 89701. You further agree that you will not use our site in any
way if you are not a
resident of a country in which USAHomeBids does business. USAHomeBids is considered as
doing business if we
have had a listing on our site within that country within the last 30 days or intend to
have a
listing in that country soon and have taken actions to do so. Anyone under the age of 13
is
prohibited from using our Services even if they have reached the age of majority in
their
geographic location.
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Site Content and Materials. The information maintained on the Sites is intended
to provide users
with information about USAHomeBids’s products and services and is subject to change
without notice.
Not all of the Services described in the Sites are available in all geographic areas. No
solicitation
is made to any person utilizing our Services to use any information, materials, products
or services
in any jurisdiction where the provision of such information, materials, products or
services is
prohibited by law.
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No Agency Relationship. These Terms do not create an agency relationship and do
not impose a
financial obligation on you or create any representation agreement between you and the
referenced Broker.
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Data Use. All data and information obtained from our Sites is intended only for
your personal,
non-commercial use, and shall be used for no other purpose.
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Interest to Purchase. You have a bona fide interest in the purchase, sale, or
lease of real estate of
the type being offered through the Sites.
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Username and Password. To receive access to certain information or Services and
be permitted
to search and view certain data or information from the database via the Sites, you must
register
and establish a username and a password, the combination of which must be different from
those
of all other registrants of USAHomeBids’s Services (“Account”). Additionally, you must
always maintain
the security of the username and password, notify USAHomeBids in the event your username
or password
is lost or stolen at any time, and agree to accept responsibility for all activities
that occur under
your Account. If you open an Account, you will be considered a “Customer”. Your Account
is not
transferrable, and use is limited to one household per Account.
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Valid E-mail Address. If you opt to register as a user on the Sites, you must
provide a valid email
address as part of your registration. You may be permitted to access certain portions of
the Sites
only after we have verified that the email address you provided is valid and your
agreement to
these Terms is confirmed.
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Access Management. We must always maintain a record of the name, telephone number
and
email address supplied by you, and the username and current password of each registrant.
Such
records will be kept and maintained for not less than 180 days after the expiration of
the validity
of your password or otherwise.
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Security Breach. If the MLS or USAHomeBids has reason to believe that the Sites,
as defined herein, have
been subject to a breach in the security of the data or a violation of MLS rules related
to use by
one or more registrants, we shall be required, upon request, to provide to the MLS a
copy of the
record of the name, email address, telephone number, user name, current password, and
audit
trail, if required, of any registrant identified by the MLS to be suspected of
involvement in the
violation.
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Data Validation. Information on the Sites is deemed to be valid and reliable but
is not guaranteed.
It is your sole responsibility to independently confirm and verify all information upon
which you
may rely or use from the Sites. We do not review or approve listing enhancements.
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Financial Obligation/Agency Relationship. Any agreement entered at any time
between you and
the Broker or USAHomeBids that imposes a financial obligation on you or creates an
agency
representation of you by the Broker or USAHomeBids must be established and agreed upon
separately
from these Terms, must be prominently labeled and may not be accepted or entered into by
you
solely by mouse click, “click” agreement or any other form of non-signature method. The
foregoing notwithstanding, you may enter into an agreement with USAHomeBids or the
Broker using
specific technology and software specially designed to comply with the Electronic
Signatures in
Global and National Commerce Act which permits you to create legally binding agreements
using
electronic documents and signatures.
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Public Comments. To the extent that you post public comments through our
Services, you shall
act appropriately and will not submit posts which are obscene, false, misleading, not in
good taste,
violations of Fair Housing or other laws, or which may constitute harassment of any
kind. We
reserve the sole right to remove any comments deemed to be inappropriate and reserve the
right
to immediately terminate your access to our Services.
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Data Availability. Property listing data may be available from us through other
means, and, in
certain instances, may include additional property listing data where a seller has opted
not to
display its respective property through our Services. Moreover, USAHomeBids reserves the
right to
retain, organize, and market using data it has collected through the normal course of
business.
USAHomeBids reserves the right to use this data for marketing, affiliate marketing, or
any other activity
USAHomeBids determines beneficial to USAHomeBids or its affiliates.
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Inaccurate Data. In the event you find any property listing data or information
from, through or
as a part of our Services to be inaccurate or incomplete, you shall notify the Broker,
USAHomeBids, and
USAHomeBids affiliate immediately.
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Additional MLS Terms/Disclosures. Additional terms and/or disclosures may apply
to your use of
our Services in accordance with each respective MLS’ rules. May of which will require
additional
disclosures. Broker, USAHomeBids, or USAHomeBids affiliates is not liable in any way to
educate or inform you
or any user to these requirements. To the extent that the Terms of Use or End User
License
Agreement of any individual MLS conflicts with these Terms of Use stated herein, the
Terms of
Use of USAHomeBids will control. Moreover, you and every user of USAHomeBids is
responsible for complying
correctly with all agencies, MLS rules, or local entities that may require such
compliance.
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Payment of Fees/Account Information. In connection with our Sites, you agree to
pay all fees and
any other charges incurred in connection with the applicable username and password
(including
any applicable taxes) at the rates in effect when the charges were incurred. We may bill
charges
automatically to your credit card. All fees will be billed at the time you register (or
as soon
thereafter as fees or charges are incurred) and may be nonrefundable, subject to our
refund terms
set forth in Section 22 below. As a customer, you agree to provide us accurate and
complete
information, and to maintain it so that it is accurate and complete at all times. If any
information
you provide is inaccurate or incomplete, or if we reasonably believe so, we may suspend
or
terminate your access to and use of the Services.
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Listing Your Home. If you opt to select any of the USAHomeBids provided Services
offered through our
Sites, you attest that you are over 18 years of age or otherwise are of legal age to
form a binding
contract.
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Our Services and Your Responsibilities. All Services offered by USAHomeBids
through its Sites are subject
to availability and prices may vary.
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Real Estate Brokerage and MLS Listing Services. Through a separate written
agreement, you may
engage a real estate broker through the Services offered through the Site, including
listing your
property for sale and/or listing your property on a MLS. Any arrangements to provide
real estate
brokerage or MLS listing services will be governed by such separate written agreement
between
you and the selected real estate broker. You understand and acknowledge that you are not
engaging us as your real estate broker or agent. You are responsible for reviewing,
understanding
and correctly completing all paperwork and complying with any terms and conditions of
all
agreements necessary and applicable to your engagement of a real estate brokerage or in
connection with your use of MLS listing services. The terms of any agreement between you
and
any real estate broker/agent are not endorsed, recommended, or otherwise known by us and
do
not change, alter or modify any of the terms agreed to between you and us. The Services
offered
through the Site, including MLS listing services, may not be provided in all areas. For
details as to
the Services offered, including the related pricing, please refer to the product details
found within
the Site.
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Buyer-Broker Services. From time-to-time real estate purchase related services
and incentives
may be offered through the Site. Should you select the offered real estate purchase
related
services and incentives, you will be required to enter into a separate written agreement
with the
real estate broker and your engagement of the real estate broker and the provisioning of
any
available incentives will be governed by such separate written agreement between you and
the
selected real estate broker. You understand and acknowledge that you are not engaging us
as
your real estate broker or agent. You are responsible for reviewing, understanding and
correctly
completing all paperwork and complying with any terms and conditions of all agreements
necessary and applicable to your engagement of a real estate brokerage or related to the
available
real estate incentives offered in connection with the purchase of a home. The terms of
any
agreement between you and any real estate broker/agent are not endorsed, recommended or
otherwise known by us and do not change, alter or modify any of the terms agreed to
between
you and us. Any real estate purchase related services and incentives offered through the
Site may
not be provided in all areas. For details as to any real estate purchase related
services and
incentives offered, please refer to the product details and disclosures found within the
Site.
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Payments, Cancellations and Refunds.
a. Any payments required for the purchase of Services offered through the Site
must be paid
for with a credit card. If you notify us of a cancellation within 24 hours of a purchase
of
the Services, which is solely your responsibility, we will void, reverse, or credit the
charges. You can cancel your purchase (i) by e-mail to info@USAHomeBids.com or (ii)
calling 800-
529-9773. Your listing will not have been canceled until you receive a confirmation from
us, either via email or telephone. Cancellation of your purchase is independent of
changes
to property information, cancellation, or removal of your home from the subject MLS
listing and any payments or penalties due pursuant any listing agreement entered with
your broker/agent, which is contracted separately between you and an independent real
estate agent/broker. Refunds are NOT available more than 24 hours after purchase.
b. Notwithstanding the foregoing, we will not provide refunds on the
grounds of a
temporary service failure. You will not receive any refund for temporary technical
problems with the MLS listing, the Sites (including without limitation not being able to
log
in to your account or not being able to upload photos), or national search portal that
causes your property listing to be removed, changed or unavailable for display. You are
not entitled to any refund based on a failure to view your property listing that is due
to
your or a buyer’s computer’s or browser’s failure to meet minimum browser and
operating system requirements of any website where such MLS listing may be available.
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Technological Issues. The Sites may, from time to time, not operate as intended,
at normal speed,
with full functionality, or at all. In our sole discretion, the Sites and our Services
may cease to
operate for any amount of time, and limitations upon the functionality or use of such
Sites and
Services by the end user may result. Any decision to cease the activity of any one or
all our Services
is solely at our discretion.
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No Unlawful or Prohibited Use. As a condition of your use of our Services, you
represent and
warrant to us that you will not use our Services for any purpose that is unlawful or
prohibited by
the applicable terms, conditions, and notices. You may not use our Services in any
manner that
could damage, disable, overburden, compromise or impair our Services or interfere with
any
other party's use and enjoyment of our Services. You may not obtain or attempt to obtain
any
materials or information through any means not intentionally made available or provided
for
through our Services.
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Site Administration/Submissions. We do not claim ownership of the materials you
provide to us
(including feedback and suggestions) or post, upload, input, or submit to the Sites
(collectively
"Submissions"). However, you hereby grant us (including, without limitation, our
affiliates and
necessary sublicensees) an irrevocable, perpetual, royalty-free, worldwide license to
use all
information you provide via posting, uploading, inputting, providing, or submitting your
Submissions, in connection with the operation of our businesses, including, without
limitation,
the rights to: (a) copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit,
translate, and reformat your Submissions; (b) sublicense these rights in accordance with
applicable law; and (c) provide the same to the relevant MLS, to administer and operate
the Sites,
and to investigate any breach of security of the property listing data or applicable MLS
rules.
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Linked Sites & Third-Party Tools/Products. Links to websites, other than to our
Sites, and/or the
offering of third-party products or tools are provided solely as suggested guidance
toward
information on topics that may be useful to users of our Sites and Services, and we have
no control
over, and expressly disclaim the endorsement of, the content on such websites or such
tools or
products. If you choose to link to a website or utilize a tool or product not controlled
by us, we
make no warranties, either express or implied, concerning the content of such site,
tools or
products, including the accuracy, completeness, reliability or suitability thereof for
any particular
purpose, nor do we warrant that such tools, products, website(s) or content are free
from any
claims of copyright, trademark or other infringement of the rights of third parties or
that such site
or content is devoid of viruses or other contamination. We do not guarantee the
authenticity of
documents on the Internet. Links to other websites do not imply, and we expressly
disclaim, any
endorsement of or responsibility for the opinions, ideas, products, information, or
services
offered at such websites, or any representation regarding the content at such websites.
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Intellectual Property.
Aside from the property listing data provided to us
by way of the respective MLS, USAHomeBids,
its affiliates, successors, and assigns, as the developer and host of our Sites,
owns or
licenses all other intellectual property rights related to our Sites, including the
look and
feel of our Sites and all underlying software, as updated and modified from time to
time.
You may not download and/or save a copy of any of the screens except as otherwise
provided in these Terms. Except for the limited license granted herein, neither the
Broker
nor USAHomeBids grants any license or other authorization to the respective
trademarks, service
marks, copyrightable material, trade secrets or other intellectual property by
placing or
displaying them on or through our Sites.
You shall (i) never remove or destroy any copyright
or other proprietary marking placed
upon, contained with, or used in connection with our Services; (ii) never create or
authorize new versions, modifications, enhancements or derivative works to, nor
translate, reverse engineer, de-compile, disassemble or attempt to derive the source
code of, the Sites and/or any of our Services or any portion thereof.
You shall not copy, screen scrape, redistribute or
retransmit any of the data or
information provided, except you may use the property listing data in connection
with
your purchase, sale, or lease of an individual property.
The subject real estate board, association, or MLS
possesses all ownership, rights, licenses
and intellectual property rights, including the copyright, in the MLS database
compilation,
and no rights are granted to you by virtue of registering to use our Services,
except as
expressly stated in these Terms.
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Privacy Policy. This privacy policy explains how we handle your personal
information for our
services on the USAHomeBids systems. It applies generally to the USAHomeBids systems,
including apps, and
associated services. Our affiliates and partner privacy practices are similar to those
described in
this privacy policy. Subject to the requirements of applicable law, we intend to provide
a
consistent set of privacy policies throughout the USAHomeBids ecosystem and with our
third parties and
affiliates. By accepting the privacy policy and the user agreement, you expressly
consent to our
collection, storage, use, and disclosure of your personal information as described in
this privacy
policy.
Collection of data occurs when you choose to provide
us with personal information, you
consent to the transfer and storage of that data on our servers located in numerous
locations. We may store and collect data that includes, but is not limited to, email
address, physical address, financial information including bank and credit card
numbers,
bidding information, shipping information, cookies, billing information, content you
create, computer and connection information, traffic, statistics, IP information,
license
numbers, personal identification information, demographic information, information
from affiliated sites, verification information, and additional information as
USAHomeBids
continues to expand offerings and services.
Unless you choose to opt-out, by using our Services,
you consent that we may use or share
information we have about you to enhance your user experience, determine your
eligibility for a wider range of services or products available to you and provide
you
notification of same, customize and personalize the content provided to you through
our
Services, send you information about topics that may be of interest to you, perform
research and analytics, provide you communications related to your account and
present
you with information regarding products and services from our affiliates.
Federal law gives you the right to limit
“non-experience” information shared with
affiliates. If you would prefer to limit this information, please contact us at
info@USAHomeBids.com and calling 800-529-9773 and mailing 3827 S Carson St Unit
505-25 PMB 1112 Carson City, NV 89701. To limit the sharing of this information we
must receive
written request via U.S. mail.
We share information with joint marketers, third
party service providers, and otherwise
permitted by law. For your protection we require that all of these companies keep
your
information secure.
We may also disclose your personal information to
comply with a court order, to comply
with a legal process, including responding to any governmental entity or process.
Further,
we may disclose your information to enforce our terms of use agreement, to support
audit or compliance requirements, to detect or respond to fraud, security or
technical
concerns, in the event of a merger or acquisition that involves our business, or if
we deem
it necessary to share information to assist in the continued security of our
services. This
is an example of, but not a complete list of, the scenarios we may disclose your
personal
information.
Residents of California have the right to request who
we have shared their information
with and have additional rights regarding privacy that may change from time to time.
USAHomeBids will comply with the State of California or any other state that has
enhanced
privacy laws.
We may disclose some or all of the information we
collect with non-associated third
parties including financial service providers, title companies, insurance agents,
retailers,
direct marketers, membership clubs, publishers, and other companies and
organizations,
including non-profit.
We may also use technologies to collect information
about your online activities over time
and across a third party site or other online services. We believe this practice
provides us
with the ability to provide you with more relevant advertising based on the sites
you visit.
Again, you have the right to opt-out of this type of tracking by emailing and
mailing USAHomeBids
at info@USAHomeBids.com and calling 800-529-9773 and mailing 3827 S Carson St Unit
505-25 PMB 1112 Carson City, NV 89701. To limit the sharing of this information we
must receive
written request via U.S. mail.
Keeping your information secure is one of our most
important responsibilities. Only those
persons that need it to perform their job responsibilities will be authorized to
access your
information. We take physical, electronic, and procedural safeguards to ensure your
personal information remains secure.
While we provide links to other sites that will
believe will enhance your experience and
we do our best to maintain those links, those affiliated site may not have the same
level
of protection regarding your personal information. USAHomeBids give no warranty,
expressed
or implied, about the safety of any third-party site.
Your ongoing use of our services in any manner
constitutes your acceptance of the terms
and conditions and our privacy policy, including any changes to the privacy party.
If you
do not agree with this privacy policy, please do not use any USAHomeBids or
affiliated services.
We may, from time to time, review and change this
privacy policy and you are accepting
all changes following the posting of such changes.
Consistent with our terms of service, we will not
purposely or intentionally collect any
data from anyone under the age specified by law.
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Electronic Communications. When you use our Services, you are communicating with
us
electronically. You expressly consent and opt in to receive communications from us
electronically.
We will communicate with you by e-mail, instant messaging, or other electronic means.
You agree
that all agreements, notices, disclosures, and other communications that we provide to
you
electronically satisfy any legal requirement that such communication be in writing.
Moreover,
you agree to any charges you may incur due to these communications as your sole and
separate
responsibility and USAHomeBids and all affiliates will not be liable in any way due to
any costs you incur
due to these communications.
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Applicable Law. By using our Services, you agree that applicable federal law and
the laws of the
State of Nevada, without regard to its principles of conflict of laws, will govern these
Terms and
any dispute of any sort that might arise between you and us. You agree that venue for
any disputes
shall be located exclusively in Washoe County, Nevada and expressly waive any right to
claim that
such forum is inconvenient.
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Non-Waiver. Our failure to exercise or enforce any provision or right set forth
in these Terms does
not constitute a waiver of that right or provision.
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Assignment. USAHomeBids may assign these Terms, in whole or in part, at any time
with or without notice
to you.
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Disclaimer of Warranties. THE INFORMATION CONTAINED WITHIN OUR SERVICES,
INCLUDING
WITHOUT LIMITATION ALL TEXT, GRAPHICS, LINKS, TOOLS, OR OTHER ITEMS ARE PROVIDED ON
AN "AS IS", “AS AVAILABLE” BASIS. WE DISCLAIM ANY REPRESENTATION, WARRANTY OR OTHER
ASSURANCE WITH RESPECT TO THE OPERATION, QUALITY, ACCURACY, SECURITY,
COMPLETENESS, TIMELINESS, FUNCTIONALITY OR TITLE TO CONTENT PROVIDED OR DISPLAYED,
INCLUDING THE PROPERTY LISTING DATA AND NO GUARANTEE IS GIVEN TO COMPLETENESS OR
CORRECTNESS. ACCESS TO OUR SERVICES AT ANY TIME MAY BE INTERRUPTED, RESTRICTED OR
DELAYED FOR REASONS BEYOND OUR CONTROL. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS
OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR
PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH OUR
SERVICES, AND THEIR ATTENDANT INFORMATION AND MATERIALS. TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY CLAIMS, DAMAGES OR LOSSES
(INCLUDING, WITHOUT LIMITATION, FINANCIAL LOSS, DAMAGES FOR BUSINESS LOSS, LOSS OF
PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM
THE USE OF OR INABILITY TO USE OUR SERVICES OR FROM ANY ACTION TAKEN AS A RESULT OF
USING OUR SERVICES, INCLUDING THE PROPERTY LISTING DATA. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY USAHomeBids, ITS EMPLOYEES, AFFILIATES, LICENSORS, SERVICES VENDORS
OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR
ADVICE.
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Limitation of Liability. IN NO EVENT WILL USAHomeBids, ITS AFFILIATES OR THEIR
RESPECTIVE
DIRECTORS, OFFICERS, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES
(WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) TO THE USER AND/OR
ANY THIRD PARTY, ARISING IN CONNECTION WITH OUR SERVICES OR USE HEREOF OR INABILITY
TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS
OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL WE, OUR EMPLOYEES,
LICENSORS, SERVICES VENDORS OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT
LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR
INABILITY TO USE OUR SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS
PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN
THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED
UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER
THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C)
NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND
LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART
OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST US, OUR EMPLOYEES,
LICENSORS, SERVICES VENDORS OR AGENTS WITH RESPECT TO THESE TERMS, THEN YOUR SOLE
AND EXCLUSIVE REMEDY IS TO IMMEDIATELY DISCONTINUE USING OUR SERVICES.
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Release of Liability. If you have a dispute with one or more users, you release
us (and our officers,
directors, agents, subsidiaries, joint ventures, and employees) from claims, demands,
and
damages (actual and consequential) of every kind and nature, known and unknown, arising
out
of or in any way connected with such disputes. If you are a California resident, you
waive California
Civil Code §1542, which says: “A general release does not extend to claims which the
creditor does
not know or suspect to exist in his favor at the time of executing the release, which if
known by
him must have materially affected his settlement with the debtor.”
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Copyright Infringement. We respect the intellectual property rights of others,
and expect you as
a registrant to do the same. To the extent anyone believes that his/her work has been
reproduced
in the property listing data within or as a part of any of our Services in a way that
constitutes
copyright infringement, he/she may notify our agent in accordance with Title 17, United
States
Code, Section 512(c)(2), by providing the following information:
A physical or electronic signature of a person
authorized to act on behalf of the owner
(“Complaining Party”) of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to
have been infringed, or if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
Identification of the material that is claimed to be
infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled,
and
information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit
USAHomeBids, on behalf of itself and the Broker, to
contact the Complaining Party, such as an address, telephone number, and if
available,
an electronic mail address at which the Complaining Party may be contacted;
A statement that the Complaining Party has a good
faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or the
law;
and
A statement that the information in the notification
is accurate, and under penalty of
perjury, that the Complaining Party is authorized to act on behalf of the owner of
an
exclusive right that is allegedly infringed.
The Digital Millennium Copyright Act of 1998 (DMCA),
17 U.S.C. § 512 (the "DMCA"),
provides recourse for copyright owners who believe that material appearing on the
Internet infringes their rights under U.S. copyright law. If you believe in good
faith that
any content or material made available in connection with our website or services
infringes your copyright, you (or your agent) may send us a notice requesting that
the
content or material be removed, or access to it blocked. Notices and counter-notices
should be sent in writing by mail to Copyright Infringement, USAHomeBids @ 3827 S
Carson St Unit 505-25 PMB 1112 Carson City, NV 89701. The DMCA requires that your
notice of alleged
copyright infringement include the following information:
(1)
description of the
copyrighted work that is the subject of claimed infringement;
(2) description
of the
alleged infringing content and information sufficient to permit us to locate the
content;
(3) contact information for you, including your address, telephone number
and e-mail
address;
(4) a statement by you that you have a good faith belief that the
content in the
manner complained of is not authorized by the copyright owner, or its agent, or by
the
operation of any law;
(5) a statement by you, signed under penalty of
perjury, that the
information in the notification is accurate and that you have the authority to
enforce the
copyrights that are claimed to be infringed; and
(6) a physical or
electronic signature of
the copyright owner or a person authorized to act on the copyright owner's behalf.
Failure
to include all the above information may result in the delay of the processing of
your
complaint.
Notices of copyright infringement should be directed to: info@USAHomeBids.com and
calling 800-529-
9773 and mailing 3827 S Carson St Unit 505-25 PMB 1112 Carson City, NV 89701.
If you give notice of copyright infringement by text or e-mail alone, the copyright
agent may begin
investigating the alleged copyright infringement; however, we must receive your
signed
statement by mail or as an attachment to your e-mail before we are required to take
any action.
Based on our findings, as the result of any claim or allegation of copyright
infringement, we
reserve the sole right and discretion to remove content from our Services, and
immediately
terminate any use of our Services with regard to anyone who repeatedly engages in
copyright
infringement.
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Communications – Real Estate Agents, Lenders or Other. For purposes of
communicating with
you and providing you with information and notices about your Account or our Services
(such as
information about homes you might be interested in), you hereby expressly consent that
USAHomeBids,
its affiliates and employees, and the Broker may communicate with you through the
contact
information associated with your Account, including, without limitation, your email,
mobile
number, telephone, or mailing address. You may adjust your Account settings both on your
mobile
device, as well as your browser, to control what kind of messages you receive from us;
however,
some features and the Services offered may not function correctly based on a change in
your
settings. You are solely responsible for your failure to maintain accurate contact or
other
information, including, but not limited to, your failure to receive critical information
about our
Services. If you elect to request assistance from a real estate agent provided through
our broker
network, whether to buy, sell or lease a property, or otherwise, you expressly authorize
us to
provide your personal information to the real estate agent selected to assist you and
for such
person to contact you, and for the real estate agent to share information with
USAHomeBids, and its
affiliates, and their agents. Similarly, if you elect to seek pre-approval from a
lender, you expressly
authorize us to provide your personal information to the lender and for such lender to
contact
you. Any loan or other business you may conduct with a lender is between you and the
lender.
Any calls that you make through our USAHomeBids Concierge service may be recorded or
monitored for
quality assurance purposes. By making such a call you hereby consent to the recording
and
monitoring of each call.
Electronic Communications/SMS Program. By submitting your contact information on the
Site and
accepting these Terms, you are providing your electronic signature and your consent to
receiving
telemarketing calls, SMS messages or other forms of communication from us, including our
agents, affiliates and successors. By submitting your contact information and accepting
these
Terms, you further agree that
(i) USAHomeBids, its agents, affiliates and
successors may call, email and
send text messages to you at the number(s) and address(es) you have provided for
purposes of
describing goods and services that may be of interest to you, offered by us or others on
our behalf;
(ii) these calls, SMS messages, and email messages may be made using an
automatic telephone
dialing system or email system and/or involve pre-recorded and/or artificial voice
messages, and
may be placed to a mobile phone number or other service, if that is the number you have
provided. Standard message and data rates may apply to communications delivered to your
mobile phone number. Carriers are not liable for delayed or undelivered messages. Your
consent,
if provided, is effective even if the number you have provided is registered on any
state or federal
Do-Not-Call (DNC) list.
You may revoke your consent to these calls, SMS messages, or other forms of
communications
from us by contacting us at the USAHomeBids Help Desk at info@USAHomeBids.com and
calling 800-529-9773
or by any other method that ensures we receive the revocation request. You may also
reach us in
writing at the following address: Attn: Revocation of Consent @ 3827 S Carson St Unit
505-25 PMB 1112 Carson City, NV 89701
Your consent to calls, SMS messages, or other forms of communication is not a condition
of
obtaining any services from us.
For Bidding participants only:
USAHomeBids may contact you at any time to update you on the progress of sales which you
are a
participant. Moreover, USAHomeBids may institute automatic communication technology that
will
continue to contact you during and after the subject property sale.
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Special Programs or Incentives. From time to time we may offer special programs
or incentives
to you in connection with the purchase and sale of real estate and related Services.
Such offers
may be subject to additional state and/or federal law requirements, as well as
additional terms
and conditions, which will be disclosed in connection with the program or incentive
offered. In
the event of a conflict between these Terms and the additional terms and conditions, the
additional terms and conditions shall prevail solely as it pertains to the conflicting
provision. Both
our preselected providers and we may unilaterally modify or terminate such programs and
incentives at any time.
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Indemnification. You agree to defend, indemnify and hold harmless USAHomeBids and
the Broker,
including the respective affiliates, officers, directors, employees and agents of both
USAHomeBids and
the Broker, against any and all claims, losses, damages, liability, costs and expenses
(including but
not limited to reasonable attorneys' fees) arising from (a) your use of our Services,
including the
property listing data; (b) violation of these Terms; or (c) violation of any law or
third-party's rights,
(including, without limitation, infringement of any copyright trademark, service mark,
trade
secrets, right of privacy or publicity or any other third party right). The terms of
this section shall
survive the termination of your relationship with us and/or registration for our
Services.
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Compliance. If you are an authorized MLS participant or MLS representative, you
are authorized
to access our Services to verify compliance with the applicable MLS rules, as specified
in the MLS
rules.
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Headings. Headings are for reference purposes only and in no way define, limit,
construe or
describe the scope or extent of such action.
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Complete Agreement. These Terms constitute the final, complete, and exclusive
statement of the
terms between the parties that pertain to the subject matter found herein, and these
Terms
supersede all prior and contemporaneous understandings or agreements of the parties. No
party
has been induced to enter into these Terms by, nor is any party relying on any
representation or
warranty independent of those expressly set forth in these Terms. No direct benefit is
intended
to be conferred by these Terms on any person not a party hereto and any benefit which
may be
conferred is purely incidental.
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Modification of Terms. We reserve the right to modify these Terms and its
policies at any time
without advance notice to you. Any modification of these Terms or any related policy is
effective
once displayed or published on or within our Services. You are responsible for regularly
reviewing
these documents. Continued use of our Services after any such changes shall constitute
your
consent to such changes. We do not and will not assume any obligation to notify you of
any
changes to this Terms.
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Registration. For purposes of receiving additional or enhanced Services,
including complete real
estate listings, you are required by both us and the respective MLS rules to agree to
these Terms
and any other additional terms incorporated by reference herein. You are only authorized
to use
our Services as a registrant and authorized to view the restricted property listing data
if you have
agreed to abide and be bound by all applicable laws and to these Terms.
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Effective Date. These Terms are effective 6.26.2022
