TERMS AND CONDITIONS OF USE

    By using this site, you agree to be bound by and comply with all of the Terms and Conditions of Use set forth below. DATA-Post/homebuyerstour.com (referred to as "HBT") may at any time revise these Terms and Conditions by updating this posting and may also make changes to the content or any links provided on this site at any time. You are bound by any revisions and should therefore periodically visit this page to review these Terms and Conditions.

A.    Terminating the HBT Site: HBT retains the right at any time and from time to time to discontinue or modify, or temporarily or permanently terminate the HBT web site at www.homebuyerstour.com (referred to as "website", "our site" or the "site") with or without notifying you. If we discontinue, modify or terminate the site in whole or in part, we will not be liable to you or any third party for the discontinuance, modification or termination.

B.    Viruses; Destruction of the Site: By participating on the site, you agree not to upload, post, E-mail or otherwise send or 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. You also agree not to interfere with the servers or networks connected to the site or to disobey any requirements, procedures, policies or regulations of networks connected to the site. ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THIS SITE OR TO UNDERMINE THE SITE IS A VIOLATION OR CRIMINAL AND CIVIL LAWS; IF SUCH AN ATTEMPT IS MADE, HBT RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM THE USER TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. HBT assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property due to your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video or audio from this site.

C.    Use of Content on the Site: You should assume that everything you see or read on the site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the site without HBT’s written permission. HBT neither warrants nor represents that your use of materials displayed on the site will not infringe rights of third parties not owned by or affiliated with HBT.

D.    Accuracy of Information: HBT uses reasonable efforts to include accurate and up to date information on the site; however, we make no warranties or representations as to the accuracy of the information. All information regarding open house property has been provided directly by the sellers or their agents with their prior consent. HBT assumes no liability or responsibility for any errors or omissions in the content of the site.

E.    Use of the Site: Your use of and browsing in our site are at your risk. Neither HBT nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of the site (even if HBT has been advised of the possibility of such damages). Without limiting the foregoing, everything on the site including all open house property, is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, BY USING THE SITE, YOU AGREE TO RELEASE HBT AND ITS AFFILIATES AND THEIR EMPLOYEES, AGENTS, AND SUPPLIERS FROM ANY AND ALL LIABILITY FOR INJURIES OR DAMAGES RESULTING FROM YOUR OWNERSHIP OR USE OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

F.    Your Communications to HBT: HBT is free to use any ideas, concepts, know-how, or techniques contained in any communication you send it without further compensation or payment to you and for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving our web site using your information.

G.    Images on the Site: Images of people, property or places displayed on our site are either our intellectual property or are used with permission. The use of these images by you, or anyone else authorized by you is prohibited unless specifically permitted by these Terms and Conditions or elsewhere on our site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

H.    Links: HBT has not reviewed all of the sites linked to its site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.

I.    Communications on the Site: Although HBT may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like which may appear in the future on the site, HBT is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. HBT will fully cooperate with any law enforcement authorities or court order requesting or directing HBT to disclose the identity of anyone posting any such information or materials.

J.    Export Laws: Software from the site is subject to United States Export Controls. No software from the site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

K.    Trademarks: All of the HBT trademarks, logos, and service marks (collectively the "Trademarks") displayed on the site are registered and unregistered Trademarks of HBT, and/or third parties who have authorized their use. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of HBT or the third party that may own the Trademarks displayed on the site. Your misuse of the Trademarks displayed on the site, or any other content on the site, except as provided in these Rules, is strictly prohibited. You are also advised that HBT will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. All other Trademarks on the site are the property of their respective owners.

L.    E-Mail: All e-mail sent to HBT should be generated by the person in whose name the e-mail account is registered. E-mail shall not mask the identity of the submitter by using a false name or someone else's name or account. HBT will use your e-mail address and the content of any e-mail only for correspondence purposes and to meet our legal and regulatory requirements with regard to customer communications. Any information provided to HBT by e-mail, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential, and HBT assumes no obligation to protect such information from disclosure. The submission of such information to HBT shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by HBT for any purpose whatever, and HBT shall be free to reproduce, use, disclose and distribute the information to others without restriction.

M.    Governing Law: THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THIS SITE, YOUR RELATIONSHIP WITH HBT AND THESE RULES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICT OF LAWS PROVISIONS. If any court of competent jurisdiction finds that these Rules are invalid, you and HBT agree that the remaining Rules shall remain in full force and effect.

 
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