VIOLATIONS OF TERMS AND CONDITIONS
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
You may access, download, and print materials on the HomeYeah Site for your exclusive personal and non-commercial use. Any information contained on the HomeYeah site shall not be used for commercial solicitations of any kind through e-mail, telephone, direct mail or any other means, except as authorized. Authorized solicitations include a home seeker, home buyer, or designated agent thereof contact a home seller for any purpose specifically related to the purchase of the seller's home. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by , 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.
UNAUTHORIZED ACCESS
You agree to refrain from accessing or attempting to access
password protected, secure or non-public areas of this
Site. Unauthorized individuals attempting to access prohibited areas
of this Site may be subject to prosecution.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to HomeYeah, LLC that
you will not use this Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. If you violate any
of these terms, your permission to use the Site automatically
terminates and you may be subject to prosecution.
DISCLAIMER OF WARRANTIES
HomeYeah disclaims any and all responsibility or liability for the
accuracy, content, completeness, legality, reliability, operability or
availability of the Products and Services and any information or
material contained therein. HomeYeah disclaims any responsibility for the
deletion, failure to store, mis-delivery, or untimely delivery of any
information or material. HomeYeah disclaims any responsibility for any harm
resulting from downloading or accessing any information or material
through the Products and Services. THE PRODUCTS AND SERVICES ARE
PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED
BY LAW, HomeYeah DISCLAIMS ANY WARRANTIES RELATING TO THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND
SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, HomeYeah DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED ON OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS
WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS
AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND
SERVICES. HomeYeah SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY
LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE
PRODUCTS AND SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
Some
jurisdictions do not allow the disclaimer of implied warranties. In
such jurisdictions, the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HomeYeah BE LIABLE TO ANY USER OF THE HomeYeah
SITE (A "USER") ON ACCOUNT OF SUCH USER'S USE OR MISUSE OF AND
RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF HomeYeah
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), SUCH AS, BUT NOT
LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST
BUSINESS. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE PRODUCTS AND SERVICES,
FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION
WITH THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED
IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES
OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND
SERVICES. THE LIMITATION OF LIABILITY CONTAINED IN THIS PARAGRAPH
SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO,
THE HomeYeah SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In
such jurisdictions, the foregoing limitation may not apply to you.
Under no circumstances shall HomeYeah be held liable for any delay or
failure in performance resulting directly or indirectly from acts of
nature, forces, or causes beyond its sole control, including, without
limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, flood, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat,
light, or air conditioning.
NO LICENSE
Except as otherwise expressly provided, nothing within any of the
Products and Services shall be construed as conferring any license
under any of HomeYeah's or any third party's intellectual property rights,
whether by estoppel, implication, waiver, or otherwise.
COPYRIGHT
The copyrights to the content, format, arrangement, design, and look
and feel of this service are owned by HomeYeah and/or the Information
Providers. Except for a single temporary copy in a single computer's
memory or another fair use under applicable copyright laws, the
information contained herein may not otherwise be used (not copied,
performed, displayed, distributed, rented, sublicensed, altered,
stored for subsequent use, etc., in whole or in part, in any manner)
without HomeYeah's and the Information Providers' express prior written
consent.
GOVERNING LAWS AND FORUM FOR DISPUTES
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
Indiana applicable to contracts entered into and wholly to be
performed within said state. The state and federal courts of Indiana
shall be the exclusive forum and venue to resolve disputes arising out
of or relating to these Terms and Conditions or any user's use of the
Products and Services. By using the Products and Services and thereby
agreeing to these Terms and Conditions, users consent to personal
jurisdiction and venue in the state and federal courts in Indiana with
respect to all such disputes.
INDEMNITY AND RELEASE
By using the HomeYeah Site you agree to indemnify HomeYeah and its subsidiaries,
affiliates, officers, franchisees, and employees and hold them
harmless from any and all claims and expenses, including without
limitation attorneys' fees, arising from or based upon your use of the
HomeYeah Site. By using the HomeYeah SITE you hereby agree to release HomeYeah and
its parent company, subsidiaries, affiliates, officers, franchisees,
and employees from any and all claims, demands, debts, obligations,
damages (actual or consequential), costs, and expenses of any kind or
nature whatsoever, whether known or unknown, suspected or unsuspected,
disclosed or undisclosed, that you may have against any of them
arising out of or in any way related to such disputes and/or to the
Products and Services. You hereby agree to waive all laws that may
limit the efficacy of such releases.
MERGER
These Terms and Conditions constitute the entire agreement between the
parties with respect to the subject matter contained herein and
supersede any other agreement, proposals and communications, written
or oral, between HomeYeah's representatives and you with respect to the
subject matter hereof; except that any other terms and conditions
located on any individual HomeYeah SITE web page are incorporated herein by
reference to the extent they do not conflict with these Terms and
Conditions. To the extent that any other terms and conditions or terms
of service conflict with these Terms and Conditions, those other
provisions shall control with respect to the use of the particular web
page and any Products or Services available on or through the web page
at which those other provisions may be found.
VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of
HomeYeah, HomeYeah 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 HomeYeah SITE web pages. If HomeYeah
should fail to enforce any right or provision in these Terms and
Conditions, you agree that this failure does not constitute a waiver
of such right or provision or of any other rights or provisions in
these Terms and Conditions. If a court should find that one or more
rights or provisions set forth in these Terms and Conditions are
invalid, you agree that the remainder of the Terms and Conditions
shall be enforceable and that, to the extent permitted by law, the
court shall give effect to the parties' intentions, as reflected in
any such right or provision that has been declared invalid or
unenforceable. The section titles in the Terms and Conditions are for
convenience only and have no legal or contractual effect. If you are
aware of any violations of these Terms and Conditions, please report
them to:
HomeYeah, LLC
Attn: Legal
14074 Trade Center Drive
Suite 100
Fishers, IN 46038
Phone: 317-849-8532
Fax: 317-849-4203
