All Materials provided on or through use of this Site, including all text, images, graphics, animation, video, music, sound, design and layout of this Site, and the selection, coordination and arrangement of the Materials on this Site, are Copyright 2010 1-2-3 HomeKeys (All Rights Reserved) and may be protected by other intellectual property laws as well. Any unauthorized use of the Materials under this User Agreement may violate such laws. Except as expressly provided herein, 1-2-3 HomeKeys and its Providers do not grant any express or implied right or license to User under any patents, copyrights, trademarks, or trade secret information appearing on or used in connection with the Site and Materials.
As to any information provided by User regarding any property displayed on the Site, User hereby grants 1-2-3 HOMEKEYS any rights User may have in and to such information, and 1-2-3 HOMEKEYS may store, copy, display and make any other use it deems appropriate of such User-provided property information.
All trademarks, logos and service marks (“Marks”) displayed on this Site are the property of 1-2-3 HOMEKEYS, Inc. or its Providers and may not be used without the prior written consent of the owner of such Mark.
USE OF THE SITE AND MATERIALS
The Site is intended for use by United States residents within the United States; use by any other individual or in any other location is prohibited.
User acknowledges and agrees that all Materials on this Site, including any files, images incorporated in or generated by the software, and data accompanying the software (the “Software”) used to generate, provide or view any information provided to User herein, contain proprietary information that is protected by copyright, trademark, service mark, patent or other proprietary rights and laws. Except as otherwise provided for herein, or as expressly authorized in writing by 1-2-3 HOMEKEYS, User agrees not to modify, sell, distribute or create derivative works based on the Materials provided on or through use of the Site. Notwithstanding the foregoing, 1-2-3 HOMEKEYS hereby grants to User a personal, non-transferable, non-exclusive, revocable license to make one printed copy, and to download one copy of (a) any Web page appearing on the Site for User’s personal, noncommercial home use and distribution to User’s personal advisers only (each, an “Approved Use”), provided that (i) User keeps intact all trademark, copyright and other notices appearing on or with such Materials, (ii) User makes no modifications to such Materials, (iii) User does not use such Materials in a manner that suggests an association with any of 1-2-3 HOMEKEYS’ products, services, or brands, (iv) User does not download quantities of Materials to a database that can be used to avoid future downloads from this Site, and (v) User does not distribute any Materials to anyone for a fee or other than for User’s own personal, non-commercial home use. Systematic retrieval of data or other Materials provided on or through use of this Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without the express written consent of 1-2-3 HOMEKEYS is prohibited. Uploading any Materials appearing on or through this Site on any other Web site or computer system or environment is prohibited. User acknowledges and agrees that User may not sublicense, assign or otherwise transfer this limited use license or the Materials to any other entity, and that no title to or ownership interest in any Materials has been transferred to User from 1-2-3 HOMEKEYS or anyone else. User owns the medium on which the Materials are captured, but 1-2-3 HOMEKEYS (or its Providers) retains full and complete title to the Materials. User agrees not to redistribute or use any Materials for any purpose not associated with User’s receipt and personal non-commercial use of any Valuation.
1-2-3 HOMEKEYS hereby grants to User a personal, non-transferable, non-exclusive, revocable license to make any Approved Use of the Materials, such Materials is licensed to User by 1-2-3 HOMEKEYS or its Providers for User’s personal, non-commercial home use only. 1-2-3 HOMEKEYS does not transfer title in the Materials to User.
ALL MATERIALS ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY PROPERTY INFORMATION PROVIDED THROUGH USE OF THIS SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS FOR USE BY USER WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HOMESOLD AND ITS PROVIDERS MAKE NO WARRANTY THAT (i) THE SITE AND MATERIALS WILL MEET USER’S REQUIREMENTS; (ii) THE SITE, ITS SERVERS OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPENTS; (iii) THE SITE, ITS SERVERS OR MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iv) THE INFORMATION THAT MAY BE OBTAINED FROM THE SITE WILL BE COMPLETE, EFFECTIVE, ACCURATE OR RELIABLE; (v) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY USER FROM THE SITE WILL MEET USER’S EXPECTATIONS; OR (vi) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO USER.
The use of the Site and the downloading, use or other acquisition of any Materials (including Valuations) through use of the Site is done at User’s own discretion and risk and with User’s understanding and User Agreement that User will be solely responsible for any damage to User’s computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by User from 1-2-3 HOMEKEYS or through or from the Site shall create any warranty not expressly stated in this User Agreement.
Any home Valuation provided via this Site is NOT an appraisal report of the market value of the subject property prepared by a licensed professional appraiser. The Valuation has been generated by use of proprietary computer software which assembles publicly available property records and certain proprietary data to arrive at an approximate estimate of home valuation. The Valuation has not been prepared, evaluated or reviewed by a licensed professional appraiser. User is advised to engage the services of a licensed professional appraiser in order to receive an accurate and comprehensive evaluation of the market value of a home. Please contact your lender or REALTOR® to engage the services of a licensed professional appraiser.
PERSONAL INFORMATION AND PRIVACY
To learn about how 1-2-3 HOMEKEYS protects any User information provided on the Site, please refer to the online Privacy Statement.
User agrees to indemnify and hold 1-2-3 HOMEKEYS, and its parent, subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any and all liabilities, claims, demands and expenses, including reasonable attorneys’ fees, due to or arising out of User’s use or misuse of the Site, any Materials provided therein, or for infringement by User of intellectual property rights or other rights of any third party. 1-2-3 HOMEKEYS may assume exclusive control of any defense or any matter subject to indemnification by User and User agrees to cooperate with 1-2-3 HOMEKEYS in such event.
LIMITATION OF LIABILITY
IN NO EVENT SHALL 1-2-3 HOMEKEYS, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, PROVIDERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT 1-2-3 HOMEKEYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, OR ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE, OR ANY VALUATIONS OR MATERIALS PROVIDED OR AVAILABLE ON OR THROUGH USE OF THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSQUENTIAL DAMAGES,
1-2-3 HOMEKEYS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
GOVERNING LAW, JURISDICTION, BINDING ARBITRATION By accessing this Site, User agrees with 1-2-3 HOMEKEYS that all matters relating to User’s access to, or use of, this Site and all Materials and Valuations shall be governed by the statutes and laws of the United States and of the State of California without giving effect to its conflict of laws, provisions or your actual state of residence. User agrees with 1-2-3 HOMEKEYS that any controversy or claim arising out of or relating to this User Agreement or the Site shall be resolved exclusively by binding arbitration in accordance with the then-current 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 person or entity. The arbitration shall be conducted in Orange County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either User or 1-2-3 HOMEKEYS may seek any interim or preliminary injunctive relief from a court of competent jurisdiction in Los Angeles County, California necessary to protect the rights or the property of User or 1-2-3 HOMEKEYS (or its agents, suppliers, and subcontractors), pending the completion of arbitration. User and 1-2-3 HOMEKEYS each agrees to submit to the personal and exclusive jurisdiction of the arbitration panel and Courts located in the state of California.
1-2-3 HOMEKEYS may assign this User Agreement to another entity without any advance consent from or notice to User. User may not assign this User Agreement without the prior written consent of 1-2-3 HOMEKEYS.
NO WAIVER; SEVERABILITY
If 1-2-3 HOMEKEYS does not enforce any right or remedy available under this User Agreement, that failure is not a waiver. If any part of this User Agreement is held invalid or unenforceable, the remainder of this User Agreement will remain in force.
TIMING OF CLAIMS BY USER
User agrees that regardless of any statute or law to the contrary, any claim or cause of action by User arising out of or related to use of the Site, any Materials or this User Agreement must be filed by User within one (1) year after such claim or cause of action arises or be forever barred.
ENTIRE USER AGREEMENT