   |
 |
 |
  |
|
|
|
|||||
|
|
|||||
|
||||||
|
||||||
|
 |
|
|
|
1. ACCEPTANCE OF TERMS Welcome to eHome.com. The eHome.com site is provided to you, subject to the terms and conditions of use set forth below (the "Terms and Conditions of Use"), which may be updated or revised by us from time to time without notice to you. You can review the most current version of the Terms and Conditions of Use at any time at: http://www.eHome.com/privacypolicy.asp. Please read the Terms and Conditions of Use in its entirety as it explains your rights and responsibilities and what you can expect from us. By using and continuing to use this site, you agree to and accept all of the Terms and Conditions of Use. If you do not agree with any of the Terms and Conditions of Use, please do not use this site. 2. PRIVACY POLICY The eHome.com online privacy policy statement (the "Privacy Statement") is published on this site and can be reviewed at http:// www.eHome.com/termsofuse.asp. The terms of the Privacy Statement are incorporated herein by reference. It is very important that you read the Privacy Statement carefully to fully understand your rights and responsibilities and what you can expect from us. 3. INDEMNITY You agree to indemnify, defend and hold eHome.com, and its subsidiaries, affiliates, directors, officers, employees, agent and suppliers, harmless from any claim, loss, liability, expense or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use or misuse of this site, your violation of the Terms and Conditions of Use, or your violation of any law or the rights of a third party. 4. YOUR INFORMATION OBLIGATIONS You agree to provide true, correct and complete information about yourself, your home or as otherwise requested in order to use the site or the services provided by this site. If you provide information that is untrue, inaccurate, not current or misleading, or if eHome.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or misleading, eHome.com has the right to suspend or terminate your registration and refuse any and all current or future use of the services provided on this site. 5. MODIFICATIONS TO OR TERMINATION OF SITE eHome.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice to you. You agree that eHome.com shall not be liable to you or to any third party for any modification, discontinuance or termination of the site or any of the services provided by this site. 6. USE; UNLAWFUL OR PROHIBITED USE You may access, download and print materials from this site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, use on another web site, or transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this site. The foregoing prohibition includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If requested by eHome.com, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this site. You agree that you will not use this site for any unlawful purpose or for any purpose that is prohibited by the Terms and Conditions of Use. If you violate any of the Terms and Conditions of Use, your permission to use the site or any of the services provided by this site may be terminated and eHome.com reserves the right to seek remedies and damages from you to the fullest extent of permitted by law, including criminal prosecution. 7. LINKS The site may provide, or third parties may provide, links to other web sites or resources. Such links are provided in this site only for your reference. Because eHome.com has no control over such sites and resources that are not operated by eHome.com, you acknowledge and agree that eHome.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or services on or available from such sites or resources. You further acknowledge and agree that eHome.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any such site or resource. 8. VIRUSES 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 or disrupt this site or the servers or networks connected to this site or to disobey any requirements, procedures, policies or regulations of networks connected to this site. Any attempt by you to deliberately damage this site or to undermine the legitimate operation of the services provided by this site is illegal and eHome.com reserves the right to seek remedies and damages from you to the fullest extent permitted by law, including criminal prosecution. While eHome.com strives to maintain a virus-free site, eHome.com shall not be responsible for 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 or use of this site or your downloading of any materials, data, text or images from this site. 9. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE CONTENT AND SERVICES PROVIDED BY THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. eHome.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) WHILE eHome.com STRIVES TO KEEP INFORMATION ON THIS SITE ACCURATE AND CURRENT, eHome.com MAKES NO WARRANTY THAT (i) THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eHome.com OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE. (e) SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, AND ACCORDINGLY, THESE EXCLUSIONS MAY NOT APPLY TO YOU. 10. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT eHome.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF eHome.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE. BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF eHome.com SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 11. COPYRIGHTS The content and materials contained on this site, as well as the organization and layout of the site, are subject to copyright protection and may not be used in any manner except as provided in the Terms and Conditions of Use without the express prior written consent of eHome.com. 12. TRADEMARKS The trademarks, logos, names and servicemarks used on this site, including, without limitation, "eHome.com", are licensed, registered or unregistered trademarks of eHome.com and/or third parties who have authorized their use. You agree not to use or display any of such trademarks, logos, names or servicemarks without the express prior written consent of eHome.com or the third party that may be the owner thereof, as the case may be. 13. MISCELLANEOUS The Terms and Conditions of Use constitute the entire agreement between you and eHome.com and govern your use of this site, superceding any prior agreements between you and eHome.com (including, but not limited to, any prior versions of the Terms and Conditions of Use). You also may be subject to additional terms and conditions that may apply when you use affiliate or other eHome.com services, third-party content or third-party software. This site is controlled and/or operated by eHome.com from its offices in California. eHome.com makes no representation that this site or the content or services on this site are appropriate for use in locations outside the United States. The Terms and Conditions of Use and the relationship between you and eHome.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and eHome.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California. The failure of eHome.com to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the site or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of actions arose or forever be barred. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction 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 the other provisions of the Terms and Conditions of Use remain in full force and effect. The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect. Use of the words "you" or "your" shall also mean heirs, executors, successors, legal representatives and permitted assigns. |
|
||||||
|
