Terms and Conditions of Use for
www.HomeBuyerGo.com
Effective 4/30/10
Welcome to HomeBuyer Go
By visiting, using, and/or submitting information to
www.HomeBuyerGo.com, you agree to comply with and be bound by the
following terms and conditions of use and by the Site’s
Privacy
Policy
.
Please review these terms and conditions carefully. If you do not agree to these terms
and conditions, you should not use this website.
1.
Agreement. This
Agreement ("the "Agreement") specifies the Terms and Conditions for access to
and use of
www.HomeBuyerGo.com (the "Site"). By visiting the Site and using the
tools, information, and functionality provided on the Site (together the
“Service”), you agree to comply with and be bound by this Agreement. This
Agreement may be modified at any time by the owner and operator of the Site,
iLegent, Inc. (“iLegent”), upon posting of the modified agreement. Any such modifications shall be
effective immediately. You can view the most recent version of these terms at
any time at
http://www.homebuyergo.com/HomeBuyer_Go!_Terms_Of_Use.aspx. Each use
by you shall constitute and be deemed your unconditional acceptance of this
Agreement.
By accepting this Agreement, you represent that you have the capacity to be
bound by it, or if you are acting on behalf of a company or other entity, that
you have the authority to bind such company or entity. You may not use this Site
if you are not of a legal age to form a binding agreement with iLegent.
2.
Privacy. Your
visit to the Site and use of the Service is also governed by iLegent’s Privacy
Policy, which is hereby incorporated into this Agreement. Please review our
Privacy Policy at
http://www.homebuyergo.com/HomeBuyer_Go!_Privacy_Policy.aspx.
3.
Ownership. All content on the Site (including text, graphics,
images, logos, button icons, and the overall “look and feel” consisting of
layout, presentation, and display) is and shall continue to be the property of
iLegent or its content suppliers and is protected under applicable copyright,
patent, trademark, and other proprietary rights. Any copying, redistribution,
use or publication by you of any such content or any part of the Site is
prohibited, except as expressly permitted in this Agreement. Viewing, printing,
downloading, or otherwise using the content does not under any circumstances
entitle you to any ownership rights or other interest in the content or software
of this site.
4.
Trademarks. “iLegent,”
“HomeBuyer Go,” and others are either trademarks or registered
trademarks of iLegent. Other product and company names mentioned on this Site
may be trademarks of their respective owners.
5.
Site Use. iLegent grants you a limited, revocable,
nonexclusive license to use this Service solely for your own personal use and
not for republication, distribution, assignment, sublicense, sale, preparation
of derivative works, or other use. You agree not to copy materials on the Site,
reverse engineer or break into the Ste, or use materials, products or services
in violation of any law. The use of this Site is at the discretion of iLegent
and iLegent may terminate your use of this Site or Service at any time. Your
access to and use of the Site may be interrupted at any time for several
reasons, including equipment malfunction, periodic updating, maintenance, or
repair of the Site, or other actions iLegent may elect to take.
If you arrived at this Site via the website of a third-party, such as a local or
national housing non-profit organization that, in partnership with iLegent, has
linked from its website to this Site, your rights of access and use of the
Service do not vary in any way from the terms of use outlined in this Agreement.
6.
Submissions
and Postings to the Site. As part of
the Service, iLegent allows you to post comments, suggestions, and feedback to
the HomeBuyer Go blog (“Blog”) at
blog.homebuyergo.com and through the
Site’s feedback function (“Site Feedback”).
You agree that iLegent may use any feedback, suggestions, or ideas you
post in any way, including in future modifications of the Service, other
products or services, advertising or marketing materials. Additionally, you
agree that in posting any content to the Blog or to Site Feedback, you:
a.
Are responsible
for all content you submit to the Site;
b.
Represent that you
have all necessary rights to post such content and to grant iLegent a worldwide,
fully-paid, royalty-free, exclusive right and license to iLegent to use, copy,
format, adapt, publish and/or incorporate any or all such content in any media
in connection with the Site and our business;
c.
Will not post or
transmit any message or information which is libelous, defamatory, indecent,
obscene, harassing, explicit or vulgar, or which discloses private or personal
matters concerning any person;
d.
Will not post or
transmit any message or information that infringes
any party’s copyright, patent, trademark, trade secret or other proprietary
rights;
e.
Will not post or
transmit any message or information that violates
any law, statute, ordinance or regulation;
f.
Will not post or
transmit any message or information that contains
any viruses, worms, or other code or computer programming routines that contain
contaminating or destructive properties or that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information;
g.
Will not post or
transmit any message or information containing or
constituting chain letters, mass mailings, political campaigning, or any form of
“spam”;
h.
Will not post or
transmit any message or information that is false,
inaccurate or misleading; and
i.
Will not post or
transmit any commercial advertisements or
solicitations without written permission.
ILegent reserves the right, in its sole
discretion, to edit, refuse to post or remove your transmissions, submissions or
postings, should they be posted in violation of this provision. Pursuant
to the Site’s
Privacy
Policy
, transmissions, submissions or postings made by you may be reviewed to
determine your compliance with this Agreement.
7.
Access and
Interference. You agree that you will
not use any robot, spider, scraper, deep link, or other similar automatic data
gathering or extraction tools or programs to access, acquire, copy, or monitor
the Site without iLegent’s express written consent, which may be withheld for
any reason. You agree to not use any such agent, tool, device, or mechanism to
navigate or search the Site, other than the search engines and agents available
through the Service and other than generally available third-party web browsers
(such as Microsoft Explorer or Mozilla Firefox). Additionally, you agree that
you will not take any action that interferes or attempts to interfere with the
proper functioning of the Site or the Service, including by (i) imposing an
unreasonably large burden on the Site’s infrastructure, (ii) posting or
transmitting any file that contains viruses, worms, Trojan horses or other
contaminating or destructive features, or (iii) attempting to decipher,
decompile, or reverse-engineer any of the Software or features of the Site.
8.
Compliance
with Laws. You agree to comply with
all applicable laws regarding your use of the Site. You further agreed that
information provided by you is truthful and accurate to the best of your
knowledge.
9.
Indemnification. You agree to
indemnify, defend and hold iLegent and our partners, employees, and affiliates,
harmless from any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or use of the Site
and its Service.
10.
Disclaimer.
THE
INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT
YOUR SOLE RISK. iLEGENT MAKES NO
GUARANTEES AND NO WARRANTIES, REGARDING THE PLATFORM’S FUNCTIONS, ITS ACCURACY,
COMPLETENESS, OR PERFORMANCE, INCLUDING BUT NOT LIMITED TO ANY EXPRESS
WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF:
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. To the extent your jurisdiction does
not allow limitations on warranties, this limitation may not apply to you. YOUR SOLE AND EXCLUSIVE REMEDY
RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
ALL FINANCIAL CALCULATIONS GENERATED THROUGH THE SERVICE ARE ESTIMATES.
The calculations and information provided to you are intended only to assist
with financial decisions and may not be appropriate for all situations. Before
making any home purchase decision, users should obtain the advice of a
professional financial advisor who is aware of your individual circumstances. The Site does not intend to act as an
expert, nor does it replace the need for consultation with a certified mortgage
broker, tax professional, accountant, or financial advisor when making decisions
related to the purchase of a home or other decisions with financial
consequences.
11.
Limitation of
Liability. UNDER NO CIRCUMSTANCES WILL iLEGENT
BE LIABLE OR RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST
PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER
DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE
SITE, YOUR SITE USE, OR THE CONTENT PROVIDED THROUGH YOUR USE OF THE SERVICE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws)
which do not allow the exclusion of implied warranties, or the exclusion or
limitation of certain damages. If these laws apply to you, the exclusions or
limitations in this Agreement that directly conflict with such laws may not
apply to you.
12.
Use of
Information. iLegent reserves the
right, and you expressly authorize us, to use and assign all information
regarding Site uses by you and all information provided by you in any manner
consistent with our
Privacy
Policy
. Information you submit to the Site
may include, but is not limited to, registration information (consisting
of email address, log-in, and password), data input
via the Service’s forms and “interview” features, and navigational information
related to your online session while accessing the Site.
13.
Copyrights and
Copyright Agent. If you believe your
work has been copied in a way that constitutes copyright infringement, please
provide a notice containing all of the following information to iLegent’s
Copyright Agent: (a) An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (b) A
description of the copyrighted work that you claim has been infringed; (c) A
description of where the material that you claim is infringing is located on the
Site; (d) Your address, telephone number, and e-mail address; (e) A statement by
you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; and (f) A statement by you, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf.
Contact iLegent to submit a Notice of claims of copyright infringement at:
mail@ilegent.com.
14.
Applicable Law,
Forum for Disputes. You agree that the
laws of the state of California, without regard to conflicts of laws provisions
will govern these Terms and Condition of Use and any dispute that may arise
between you and iLegent or its affiliates.
You agree that any dispute you have with iLegent, or its officers,
directors, employees, agents or affiliates, arising under or in relation to this
Agreement, shall be resolved exclusively through the small-claims court of the
Superior Court of Santa Clara County, California, except with respect to
imminent harm requiring temporary or preliminary injunctive relief, in which
case iLegent may seek such relief in any court of competent jurisdiction. You understand that your acceptance
of this provision is in consideration for your free use of the Service.
YOU ALSO UNDERSTAND THAT BY ACCEPTING THIS TERMS OF USE, YOU ARE GIVING UP YOUR
RIGHT TO HAVE A TRIAL BY JURY AND ARE GIVING YOU YOUR RIGHT TO SERVE IN ANY
REPRESENTATIVE CAPACITY OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS,
IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
15.
Termination. iLegent may terminate this Agreement at any time,
with or without notice, for any reason. This Agreement will apply during all
times at which you visit, use, and/or submit information to the Site and
Service. All agreements,
representations, and warranties made in this Agreement shall survive your
acceptance of the Agreement and your termination of use of the Site and Service.
16.
Severability. If any provision of this Agreement shall be
adjudged by any arbitrator or court of competent jurisdiction to be
unenforceable or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain in full
force and effect.
17.
Contact
Information.
HOW TO CONTACT US:
mail@ilegent.com.